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.
