RULE: 2.50 - TEMPERATURE CONTROLLED CARGO Eff: 04SEP2013
| Effective | 04SEP2013 |
|---|---|
| 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.
