RULE: 2.50 - TEMPERATURE CONTROLLED CARGO Eff: 21FEB2025
| Effective | 21FEB2025 |
|---|---|
| Filed | 21FEB2025 |
| Filing Codes | I |
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 provided, and will be SBJ to the rules and provisions
named below, along with any assessorial charges, and only when the Rate
Tariff TLI, or in a Service Contract governed by this Tariff, 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 the Free Time specified in
Rule 21 and subrules thereto. Carrier will NOT be responsible for
conditions of cargo on delivery, return or redelivery, if Consignee
fails to take delivery by the time specified. 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.
