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