RULE: 2.23 - PROVISIONS FOR SHIPPER LOAD, STOW & COUNT CONTAINERS Eff: 28FEB2012
| Effective | 28FEB2012 |
|---|---|
| Filed | 28FEB2012 |
| Filing Codes | I |
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 do NOT include, the return
or exchange of such materials after use unless otherwise
specifically provided in individual TLIs. 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.
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.
