RULE: 2.23 - PROVISIONS FOR "SHIPPER LOAD, STOW & COUNT" CONTAINERS Eff: 12MAY2009

Effective 12MAY2009
Filed 12MAY2009
Filing Codes C

When containers are loaded and sealed by Shipper or his
Agent, Carrier will accept such shipments as, and B/Ls
shall be claused, "Shipper Load, Stow and Count," and shall
be SBJ to the following provisions:
     
a. Carrier will NOT be responsible or liable, either
   directly or indirectly, for any damage resulting from
   the improper stowage, loading or mixing of articles in
   containers, nor for any discrepancy or shortage in the
   count thereof, nor for any concealed or hidden damage to
   the cargo.  Additionally, Carrier will NOT be obliged to
   open, inspect or verify commodity, weights or counts, or
   to inform Shipper or Consignee of any discrepancy.
     
b. All labor and materials, such as lashing, bulkheads,
   cross members, platforms, dunnage, pallets or other
   similar materials, used to block, brace or secure cargo
   in/on container for safe transportation MUST be supplied
   by and at the expense of the Shipper or his Agent. 
   Carrier will NOT be responsible for, and rates and
   charges named in this Tariff do NOT include, the return
   or exchange of such materials after use unless otherwise
   specifically provided in individual TLIs.  Materials
   used for securing, bracing, lashing, etc. (other than
   normal packaging or pallets) shall NOT be included in
   the overall weight or measurements of the cargo for the
   purposes of calculating freight charges.
     
c. Shipper MUST furnish Carrier with a complete list of all
   cargo in each container, including a complete
   description of all articles in the container and the
   gross weight and overall cubic measurement of the cargo
   contents.  When Shipper fails to provide such a list,
   freight charges shall be calculated on the highest rated
   commodity in the container at either the applicable FCL
   rate when provided or the net weight of the container
   (e.g. gross weight less tare weight) for weight rated
   commodities or the total inside cubic capacity of the
   container for measurement rated commodities.  Each
   individual piece, package or unit in a Shipper sealed
   container loaded to full visible capacity need NOT be
   marked as required in Rule 2.9.
     
d. SBJ to Rule 2.26 Carrier reserves the right to open,
   inspect and recalculate dimensions of cargo contents or
   to verify the contents of any container with respect to
   description, weight and/or measurement.  When Carrier
   opens a container for any reason whatsoever, such
   inspection will be indicated on the B/L and Shipping
   Documents.  Container will then be resealed with
   Carrier's seal.  Where any error in description, weight
   or measurement is found, Shipper shall be re-billed for
   all freight and additional assessorial charges due. 
   Upon inspection of the container contents, if Carrier
   judges the packing or securing of cargo to be inadequate
   to protect cargo and container during normal ocean
   transportation, the Carrier shall either refuse to
   transport the shipment or shall repack and re-secure the
   cargo in the container.  All repacking or re-securing
   expenses shall be for the account of the cargo.
    
e. Shippers placing locking and/or security devices on
   loaded containers MUST assume full responsibility for
   getting the proper "key" to the Consignee by the time
   the shipment is delivered.
     
f. When a container subject to "Shippers Load, Stow and
   Count" is delivered, the Consignee or his Agent MUST
   furnish Carrier with a clean receipt, prior to release
   of the container or its contents for delivery.
     
g. Except as otherwise provided, all cargo loaded in a
   single container MUST be destined to a single Consignee
   at 1 (one) port or point of destination.  Further,
   containers containing part lots destined to more than 1
   (one) ultimate receiver MUST be consigned to a single
   Consignee.
     
h. Carrier will accept hazardous or dangerous cargo (See
   Rule 16) loaded in containers handled in "Shipper Load,
   Stow and Count" service ONLY when Shipper has obtained
   Carrier's prior approval, and ONLY when Shipper has
   compiled with all packing, labeling, marking and
   placarding regulations outlined in Rule 16 of this
   Tariff.
     
i. Gross weight of loaded containers CANNOT exceed highway
   weight limitations, unless Shipper, Consignee or their
   agent have obtained specific authorization from relevant
   governmental authorities and in NO event shall the gross
   weight of container and contents exceed the maximum
   weight capacity of the container.  Further without
   regard to intent, negligence or any other factor,
   Shipper, Consignee and their agents shall be and will
   remain jointly, severally and absolutely liable for any
   fine, penalty or other sanction imposed by any
   governmental authority on containers moving in "Shipper
   Load, Stow and Count" service which exceed lawful
   over-the-road weight limitations.  When Carrier pays
   such a fine or penalty, or assumes any other cost or
   burden, arising from the movement of over-weight
   containers, it shall be for the benefit of and on behalf
   of the cargo interests and Carrier shall be entitled to
   full reimbursement thereof upon presentation of an
   appropriate invoice.  Nothing in this Rule shall require
   Carrier, its agents or underlying Motor Carriers to
   resist, dispute or otherwise oppose the levying of such
   a fine, penalty or other sanction.  Further Carrier
   shall not assume any liability to the cargo interest for
   failure to resist or dispute such a fine or penalty. 
   Additionally, any and all charges incurred for
   re-handling, re-packing or re-loading of cargo to comply
   with maximum weight restrictions shall be for the
   account of the cargo.

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