FMC NVOCC Tariff 001 - Rule 2-090: DIVERSION OF CARGO (BY SHIPPER OR CONSIGNEE)

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Rule 2-090:  DIVERSION OF CARGO (BY SHIPPER OR CONSIGNEE)

Filed on: 28 September 2019
Effective: 28 September 2019
Thru:
Expire:

Assessorial attached with application of Optional.
A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be subject to the following definitions, conditions and charges:

  1. Definition of Diversion:
    A change in the original billed destination (which may also include a change in Consignee, order party, or both).

    A change in Consignee, order party or both will not be considered as diversion of cargo.

  2. Conditions:
    1.  Requests must be received in writing by the carrier prior to the arrival of the vessel at Discharge Port. Carrier will make diligent effort to execute the request but will not be responsible if such service is operationally impractical or cannot be provided.
    2. Cargo moving under a non-negotiable Bill of Lading may be diverted at the request of shipper or consignee. Carrier reserves the right to require approval by both the shipper and consignee before agreeing to divert the cargo. Cargo moving under a negotiable Bill of Lading may be diverted by any party surrendering the properly endorsed original Bill of Lading. Cargo moving under a negotiable Bill of Lading may also be diverted by the shipper or consignee at the carrier's sole discretion without receipt by the carrier of the original negotiable Bill of Lading so long as a new negotiable Bill of Lading is not requested or issued by the carrier. If a new negotiable Bill of Lading is requested by the shipper or consignee, the original negotiable Bill of Lading must be surrendered to the carrier prior to issuance of the new negotiable Bill of Lading.
    3. This rule will apply to full Bill of Lading quantities or full container loads only.
    4. A shipment may only be diverted once. Shipper may request cancellation of the original diversion request, resulting in delivery of the cargo to the original billed destination, provided that such request is received prior to arrival of vessel at Discharge Port, and provided that all diversion charges as set out in C below, applicable to the original diversion request, are paid in full prior to the cancellation request being accepted by the carrier. In no instance will any refund of the diversion charges be made in the event of a cancellation. Any additional expenses incurred by the carrier whether related to the diversion or not will be for the account of the cargo.
    5. Cargo, which, upon request of Merchant (stowage permitting), is diverted to a Port of Discharge within the Scope of this Tariff other than that shown in the Bill of Lading, shall at the sole discretion of the Carrier be assessed the rates and charges as agreed to in the pertinent Negotiated Rate Arrangement to the original destination if the Carrier determines that the changes requested do not involve additional expense or burden; or at the sole discretion of the Carrier, depending on the relevant administrative and other burdens resulting from the diversion.  Carrier may consider the NRA upon which transport was initially based null and void and further transport shall be accomplished pursuant to a new NRA agreed to by the parties.  If the shipper and/or consignee do not agree to a new NRA, Carrier shall have no further obligations in relation to that transport and will discharge said cargo at the Port of Discharge to which the parties had agreed in the initial NRA. Shipper and/or the Consignee shall be responsible for all charges which relate to that cargo, and which may further accrue for the non-delivery of the cargo to the Port indicated in the underlying NRA. Carrier may exercise all remedies, including assertion of liens, and sale of the cargo to pay for outstanding freight and charges.
    6. Diversion charges or administrative charge are payable by the party requesting the diversion. Carrier reserves the right to not implement the diversion until it is paid in full for charges invoiced pursuant to this Rule.