RULE: 2.280 - SERVICE DESCRIPTIONS IN FORCE MAJEURE EXCEPTIONS Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
Without prejudice to any rights or privileges of the
carrier under covering Bill of Lading, dock receipts or
booking the contracts or under applicable provisions of
law, in the event of:
War, hostilities, warlike operations, riots, civil
insurrections, embargoes, blockades, port congestion,
strike, imminent strike or harbor disturbances,
widespread electrical power failures affecting port
operations, Acts of God including earthquakes, extreme
weather conditions or other natural catastrophes,
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 of carriage,
or to route shipments by any other means of
transportation whether by all-water, air-water or
land-water in accordance with rates, charges, rules and
regulations established in this tariff that would have
applied in the absence of the Force Majeure condition
and subject to Bill of Lading provisions set forth in
NYK Bill of Lading Tariff FMC 158 that are applicable to
actual routing of the cargo.
Rail strike provisions
In the event of a labor disturbance which impedes or
effectively halts operations of a majority of
railroads operating in the U.S., carrier may provide
a substituted service by motor or other mode;
provided, however, that carriers' absorption of such
additional costs will be limited to the following
absorptions:
Per Container Dry Cargo Refrigerated Cargo
20' USD600 USD 800
40' 800 1200
45' 800 1200
Any costs for performing substituted service in excess
of the above amounts will be assessed against the
cargo.
Carrier will invoice the payor of the ocean freight
for the difference in actual cost and the amounts
shown above within ninety (90) days after the day of
shipment. Such additional charges, when presented,
shall be considered as part of the freight charges and
subject to all provisions of Rule 7.