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.
