RULE: 2.50 - PROVISIONS FOR TEMPERATURE CONTROLLED CARGO HANDLING Eff: 25MAR2022
| Effective | 25MAR2022 |
|---|---|
| Filed | 25MAR2022 |
| 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 assessorial charges, named in an NRA, or in a
Web Rate Page in a Rate Tariff governed, by this Tariff which are
specifically noted as applying when refrigerated, chilled, temperature
controlled, or heated service is provided.
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 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
Rule 21 or the Free Time specified in an underlying VOCC's Equipment
Interchange Rules. Carrier will NOT be responsible for conditions of
cargo on delivery or return or redelivery of cargo, if Consignee fails
to take delivery by the end of Free time as specified herein.
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 functioning temperature controlled Container 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.
