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.

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