RULE: 2.23 - PROVISIONS FOR SHIPPER LOAD, STOW & COUNT CONTAINERS Eff: 01JUL2017

Effective 01JUL2017
Filed 01JUL2017
Filing Codes IC

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 SUBJECT 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.
     
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, in NRAs, or Rates named in Tariffs, governed by this
   Tariff do NOT include, the return or exchange of such materials after
   use unless otherwise specifically provided therein.  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. 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 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 rebilled 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 resecure the cargo in the container.
   All repacking or resecuring expenses shall be for the
   account of the cargo.
   
  1. A shipper of any shipment whose cargo upon inspection
     is found by the Sworn Measurer not to have been
     correctly described, weighed and/or measured shall be
     rebilled for any freight due, based upon the Sworn
     Measurer's Certificate.  If the shipper fails to pay
     the additional freight due within thirty days after
     receipt of the notice of such rebilling issued by the
     carrier, he will be required at his expense to submit
     to the carrier a Sworn Measurer Certificate covering
     each and every shipment which he makes from that date
     on, until he has paid the additional freight due.
  
  2. If the additional freight due exceeds five percent
     of the correct freight based upon the Sworn Measurer
     Certificate, the shipper, in addition to the require-
     ments of Paragraph d.1 of this rule, will be required
     at his expense to submit to the carrier a Sworn
     Measurer Certificate covering each and every shipment
     which he makes during the six month period following
     receipt of the notice of such discrepancy issued by
     the carrier.
  
  3. If subsequent to a shipment on which the shipper
     received the notice of discrepancy specified in
     Paragraph 3 of this rule that shipper makes a further
     shipment or shipments which upon inspection are found
     by the Sworn Measurer to involve discrepancies
     exceeding five percent of the correct freight, such
     shipper shall be subject to the requirements of
     Paragraph d.2 of this rule on the basis of an
     additional six month period for each such shipment,
     such additional six month period to run
     consecutively.
  
  4. For the purpose of this rule the term Sworn Measurer
     shall extend only to those sworn measurers which have
     been duly appointed as such by this carrier.
  
  5. The carrier shall not release the originals or copies
     of any bill of lading to any shipper or his agents
     until the Sworn Measurer's Certificates required
     under Paragraphs d.1, d.2, d.3 and d.4 of this rule have
     been received by the carrier from the shipper or his
     agents.
  
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. 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.
  
g. When cargo in containers is required to undergo
   inspection by U.S. Customs, Agriculture, Food and Drug,
   or other such duly authorized government agencies, such
   inspections shall be at the risk and expense of the
   cargo, and all expenses paid by or billed through the
   carrier for these inspections shall be charged to the
   cargo, including the transporting of the container from
   CY to CFS if required, stripping and reloading the
   cargo from and to the container, and returning the
   container from CFS to CY if required.

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