RULE: 2.23 - PROVISIONS FOR SHIPPER LOAD, STOW & COUNT CONTAINERS Eff: 27OCT2018
| Effective | 27OCT2018 |
|---|---|
| Filed | 27OCT2018 |
| Filing Codes | IC |
When Containers, Trailers and Flatbed are loaded and/or 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/on
Containers, Trailers or Flatbeds 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, cradles,
cross members, platforms, dunnage, pallets or other similar
packing/dunnage materials, used to block, brace or secure cargo
in/on a Container, Trailer or Flatbed 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 a governed NSA or this Tariff do NOT include, the return
or exchange of such materials after use unless otherwise
specifically provided in an individual NSA. 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/on each Container, Trailer or Flatbed, including a complete
description of all articles in/on the Container, Trailer or
Flatbed 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 Shipment at either the applicable FCL rate when
provided or the net weight of the Container, Trailer or Flatbed
(e.g. gross weight less tare weight) for weight rated commodities
or the total inside cubic capacity of the Container or Trailer
for measurement rated commodities. Each individual piece, package
or unit in a Shipper sealed Container or Trailer 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 or Trailer with respect to
description, weight and/or measurement. When Carrier
opens a Container or Trailer such inspection will be
indicated on the B/L and Shipping Documents. Container or
Trailer 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 contents,
if Carrier judges the packing or securing of cargo to be
inadequate to protect cargo and/or Container, Trailer or
Flatbed during normal ocean transportation, the Carrier shall
either refuse to transport the shipment or shall repack and/or
resecure the cargo in/on the Container, Trailer or Flatbed.
All repacking or resecuring expenses shall be for the
account of the cargo.
e. Shippers placing locking and/or security devices on loaded
Containers or Trailers MUST assume full responsibility for
getting the proper "key" to the Consignee by the time
the shipment is delivered.
f. When a Container, Trailer or Flatbed which is 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, Trailer or Flatbed or its contents for delivery.
g. All cargo loaded in/on a single Container, Trailer or Flatbed
MUST be destined to a single Consignee at 1 (one) port or point
of destination. Further, Containers or Trailers 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/on Containers, Trailers or Flatbeds 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, Trailers or Flatbeds 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, Trailer or Flatbed and their contents
exceed the maximum weight capacity of the Container, Trailer
or Flatbed. 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.
