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:
A. 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.
B. 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. 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 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. Diverted shipment will be assessed the rate(s) and/or
charges from origin to destination to which diverted
in accordance with tariffs on file with the FMC.
6. Diversion charges or administrative charge are
payable by the party requesting the diversion.