RULE: 23.25 - INSPECTION OF CARGO IN CONTAINERS Eff: 02APR2017
| Effective | 02APR2017 |
|---|---|
| Filed | 02APR2017 |
| Filing Codes | I |
1. Should any Customs Service or other governmental authority order or
require cargo to be discharged or unloaded from container for
inspection or examination, or should any Customs Service or other
governmental authority impound, seize or detain cargo or a loaded
container for any reason, all charges and expenses, including any
applicable unloading, reloading, storage, demurrage, detention or
container per diem charges, will be for the account of the cargo.
Moreover, Carrier will NOT assume or accept any risk or liability for
the actions or omissions of such Customs Services, governmental
authorities or their agents. Further 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.
2. The carrier reserves the right to open, inspect, and to have a Sworn
Measurer verify the contents of a container with respect to
description, weight and/or measurement, so indicated on the B/L, and
reseal it with carrier's seal.
a. 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 (30) 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's Certificate covering each and every
shipment which he makes from that date on, until he has
paid the additional freight due.
b. If the additional freight due exceeds five (5%) percent
of the correct freight based upon the Sworn Measurer's
Certificate, the shipper, in addition to the requirements
of Paragraph a. of this Rule, will be required at his
expense to submit to the carrier a Sworn Measurer's
Certificate covering each and every shipment which he
makes during the six (6) month period following receipt
of the notice of such discrepancy issued by the carrier.
c. If subsequent to a shipment on which the shipper received
the notice of discrepancy specified in Paragraph b. 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 (5%) percent of the
correct freight, such shipper shall be subject to the
requirements of Paragraph b. of the Rule on the basis of
an additional six (6) month period for each such shipment,
such additional six (6) month periods to run consecutively.
d. 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.(See Rule 28
under Definition of Technical Terms)
e. The carrier shall not release the originals or copies of
any Bills of Lading to any shipper or his agents until
the Sworn Measurer's Certificates required under Paragraphs
a, b, and c. of this Rule have been received by the Carrier
from the shipper or his agents.
