RULE: 2.50 - REFRIGERATED CARGO Eff: 26MAY1995
| Effective | 26MAY1995 |
|---|---|
| Filed | 26MAY1995 |
| Filing Codes | SC |
| Case No | 009171 |
Cargo requiring a 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 SBJ to the rates, rules and provisions named below and the assessorial charges and rates applicable to refrigerated/controlled temperature cargo named in this Tariff. a. Cargo requiring maintenance of a controlled temperature, when moving in lots of not less than 15 cbms and/or 5000 kilos will be handled and transported by the Carrier at the temperatures instructed by the Shipper, SBJ to all other provisions of this Rule. b. Cargo requiring maintenance of a controlled temperature, when moving in lots less than 15 cbms and/or 5000 kilos handled and transported by the Carrier under one of the following temperature control categories ONLY: Category I - 15.6 degrees Celsius Category II - 4.4 degrees Celsius Category III - 17.8 degrees Celsius When such shipments are tendered to the Carrier with instructions to maintain a controlled temperature different from those specified above, the Carrier will, nevertheless, assign such cargo to the category closest to one of the 3 categories designated above, and in so doing, the responsibility of the Carrier for temperature control shall ONLY be for that Category to which the cargo is assigned. c. Temperatures or temperature controls agreed to by the Carrier will be SBJ to a variance of 5 degrees (in either direction - up or down) from that specified or agreed to. In no case will the Carrier accept instructions for any temperature controls which go beyond the range of minus (-) 26.1 degrees Celsius to plus (+) 18.3 degrees Celsius. d. In all cases, the Carrier, in handling any and all cargo requiring temperature control, shall be held blameless for any loss, deterioration or damage arising from the inherent defect, quality or vice of the goods resulting from controlled temperature or lack of controlled temperature 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. The Carrier may refuse to accept any shipment tendered, where the temperature is not within 5 degrees of the temperature specified in the shipping documents to be maintained during transportation. Where Carrier does accept such shipments, it shall be at the cargo owner's risk for all loss and damage caused by spoilage. f. Where, under the Tariff provisions or rates named in this Tariff, Shippers are required to load controlled temperature cargo into Carrier's vessels it shall be the responsibility of the Shipper to properly stow cargo in the vessel to insure proper air circulation and to enable the temperature control unit to maintain uniform temperature throughout. Where cargo is not properly loaded, loss and damage resulting therefrom shall be for the account of the owner of the cargo.