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.

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