RULE: 1.5 – ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Effective 1/20/16
a. Carrier expressly reserves the right, at its sole discretion, for any reason whatsoever and without notice, to transfer cargo in its possession from 1 (one) container to another, to transship cargo from 1 (one)vessel to another and/or to substitute 1 (one) mode of transportation for another at any point in, or for any portion of, the through transportation service provided by the Carrier. Any such transfer, transshipment, movement or substitution shall be deemed to be within the contract of affreightment and shall NOT be considered a deviation therefrom.
b. Alternate or Substituted Service between Ports: Caribtrans Logistics, LLC reserves the right to transport cargo to alternate or substitute ports of service by trucking, rail, or any other means of transportation deemed appropriate by the Carrier, within the range of ports serviced by Caribtrans Logistics, LLC. Except as otherwise provided below, such substituted service or transfer arrangements shall NOT result either directly or indirectly in any lessening or increasing of the cost or expense which the Shipper would have borne had the cargo moved from, to or through the port (s) originally intended.
c. When rates differentiated ONLY by the transportation route utilized are named in this Tariff and Carrier, pursuant to the provisions of paragraph 1.5.a. above, forwards cargo to destination via alternate or substituted port service, freight charges shall be assessed based on the transportation route selected by the Shipper or Consignee, or the freight charges applicable via the actual route of movement, whichever is lower.
d. Nothing in this Tariff shall be construed as requiring Caribtrans Logistics, LLC to transport cargo or furnish service for which is does not have, or cannot obtain, suitable or sufficient transporting containers or equipment, nor to accept cargo when underlying vessel-operating-common- carrier or inland carrier services are NOT available. Further nothing in this Tariff shall be construed as creating any obligation for Caribtrans Logistics, LLC to institute or maintain any service from or to any port or point where it is impractical, unsafe or unlawful to operate transportation services or if strikes, labor disturbances, civil commotion, military actions, or riots are occurring at the time shipment is tendered or delivered.
e. FORCE MAJEURE CLAUSE: "Without prejudice to any rights or privileges of the Carrier under covering Bills of Lading, Dock Receipts, or Booking Contracts under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockages, port congestion, strikes or labor disturbances, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and affecting the Carrier's operations, the Carrier reserves the right to cancel any outstanding booking or contract in conformity with Federal Maritime Regulations and the Shipping Act of 1984.