Rule 2-090: Diversion by Shipper or Consignee - Assessorial
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:
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.
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. 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 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 be assessed the actual amount of expense incurred by Carrier, or as per carrier tariff at time of shipment, whichever is higher, plus, at the sole discretion of the Carrier, depending on the relevant administrative burdens resulting from the diversion, an administrative fee of up to $50/BL for cargo received and diversion requested prior to vessel departure, or up to $300/BL for cargo received and diversion requested post vessel departure, from origin port.
6. Diversion charges or administrative charge are payable by the party requesting the diversion.
1) Our freight quotations are generally valid for 15 days unless otherwise stated within our "Freight Quotation" form, NRA (Negotiated Rate Arrangement) or NSA (NVOCC Service Arrangement); 2) Cargo is booked and moved per "ALPHA LOGISTICS WORLDWIDE FREIGHT FORWARDING TERMS AND CONDITIONS" as revised; "ALPHA LOGISTICS WORLDWIDE - Tariff 0001" as revised published and made available at www.alphalogisticsworldwide.com/tariff; and any other instrument provided with terms, policies, and notices; 3) Fuel surcharge (fsc) may vary slightly as published or provided by pre-carrier(s) at time to loading; 4) Documentation (shippers letter of instruction, packing list, commercial invoice) are included. If any special/additional documentation or filing beyond those are required per the cargo content or "known" destination country requirements, there may be additional documentation fees applied; 5) If shipping vehicle(s), special fees will be assessed for filing and pre-clearing through AES; 6) If shipping hazardous material, special handling fees above normal documentation will be assessed; 7) All shipment departure/sail and arrival dates/times are estimates and subject to change without notice; 8) All documentation are required to be in at minimum ninety-six hours (96 hours) prior to cargo sailing/departure or before container is in-gated. If shipping vehicles, US Customs and Border Protection (CBP) requires a minimum of 72-hours (seventy two hours) to clear vehicle titles for shipment AND Alpha Logistics Worldwide requires original titles and relevant information in office at least 168-hours/7-days prior to scheduled ship sailing date; 9) Failure to provide complete, accurate, timely, and necessary cargo information may result in storage, extra handling, shipment change/roll-over, demurrage, and/or detention fees applied by CBP, Port Authority, Pre-Carriers, Carrier, and any other party handling your cargo; 10) At any time during the course of your shipment, after presentation and/or settling of final invoice, you may request a breakout of all charges relating to your cargo. 11) A non-refundable $500 cancellation fee will be assessed by Alpha Logistics Worldwide plus any other charges levied by contracted parties providing handling, forwarding, storing, processing, warehousing, insuring, and other services/products; 12) Your (Shipper/Exporter) agree to indemnify, defend and hold harmless, Alpha Logistics Worldwide and its parent, predecessor, successors and affiliates and their officers, directors, shareholders, employees and agents from and against any damage, loss, fine, penalty, fee, expense, or liability of any type or kind whatsoever incurred or sustained by them or applied to this shipment, arising out of, based upon or relating to the booking and forwarding of the cargo set forth in the Freight Quotation arising from actions taken by CBP, Ocean Carriers, Pre-Carriers, Storage Facilities, Loaders and Handlers, or as a result of Shipper's failure to adhere to any of the provisions in paragraphs 1-9 above.
As an OTI (Ocean Transport Intermediary) we are the facilitating entity amongst all parties involved in the shipping process. Accordingly, we serve as the conduit through which information and money is collected and disbursed. WE DO NOT ACCEPT OR PAYOUT IN CASH. Acceptable payment methods are: