RULE: 2.50 - TEMPERATURE CONTROLLED CARGO Eff: 04SEP2013
Effective | 04SEP2013 |
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Filed | 04SEP2013 |
Filing Codes | IC |
Cargo requiring to be transported at a specific controlled temperature for the proper protection of the cargo, or cargo received by Carrier with instructions to maintain a controlled temperature while cargo is in transit, will be accepted ONLY after prior booking, ONLY when sufficient and appropriate equipment is available, ONLY when proper vessel stowage can be obtained and provided, and will be SBJ to the rules and provisions named below, along with any applicable assessorial charges, and then ONLY when the applicalbe NRA or Rate TLI named in any Tariff governed by this Tariff is specifically noted as applying when "refrigerated," "chilled," "temperature controlled," or "heated" service is to be provided, and then ONLY when the applicable rate applies on shipments moving in Refeer or Heated Containers. a. B/Ls covering temperature controlled cargo will be so noted by the Shipper and shipments will be SBJ to the following provisions: 1. Carrier is NOT responsible for contamination of cargo resulting from improper stowage by the Shipper or stowage of incompatible commodities in the same container. 2. Carrier is NOT responsible for the accuracy or applicability of the temperature settings and instructions provided by the Shipper, his agent, or connecting carriers. 3. On shipments accorded temperature controlled service, Carrier is NOT responsible for any conditions arising prior to its receipt of cargo NOR for any conditions arising subsequent to its delivery at destination. b. Carrier will refuse to accept any shipment tendered when temperature of cargo is not within 5 degrees F. of the temperature specified in the shipping documents to be maintained during transit, UNLESS such shipment is held, transported and delivered strictly at cargo owner's risk for all loss, damage, contamination or spoilage due to improper maintenance of specified temperature. Notation will be made of temperature of cargo when tendered to Carrier and that transportation shall be at cargo owner's risk shall be placed on the B/L. c. Shipper MUST guarantee that Consignee will take delivery of shipments accorded temperature control service within any Free Time specified in underlying Vessel Operators Equipment Detention/Demurrage rules. Carrier will NOT be responsible for conditions of cargo on delivery, return or redelivery, if Consignee fails to take delivery prior to the end of Free Time specified. Additionally Carrier will NOT be responsible for maintaining temperature once the container has been opened at destination. d. In all cases, the Carrier, in handling any and all cargo requiring temperature control, shall be held blameless for and will NOT be liable for, any loss, deterioration, contamination, spoilage or other damage arising from the inherent defect, quality or vice of the goods or that results from controlled temperature, lack of controlled temperature or malfunctioning of temperature control equipment, and Carrier shall have all of the benefits and immunities provided by the law, its Tariffs, Bill of Lading and the Carriage of Goods by Sea Act. e. If a temperature controlled container that was functioning when delivered to Consignee is returned by Consignee in an inoperative condition, the Consignee shall be responsible for all charges incurred to repair the temperature control unit in order to bring the unit back into an operative condition.