RULE: 2.50 - PROVISIONS FOR TEMPERATURE CONTROLLED CARGO HANDLING Eff: 31JAN2022
Effective | 31JAN2022 |
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Filed | 31JAN2022 |
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 on 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.