RULE: 2.05 - Container Rules Eff: 26Mar1996
| Effective | 26Mar1996 |
|---|---|
| Filed | 20Feb1996 |
| Filing Codes | I |
Upon request, Carrier will provide with ocean-going
containers for carriage of cargo, subject to the
conditions, provisions and charges named herein.
A. Definition: As used in this Tariff a container
means, regardless of ownership, any single, rigid,
non-disposable dry cargo, ventilated, insulated,
mechanically refrigerated or heated, portable liquid or
dry tank, flat rack, vehicle rack, or open top
container without wheels or chassis attached, having a
closure (except racks) or permanently hinged door, that
allows ready access to interior for loading or unloading
or cargo. All types or containers will have withstand,
without permanent distortion, all the stresses that may
be applied in the normal service use of continuous
transportation. The term "Trailer" when used in this
Tariff shall be synonymous with and interchangeable with
the term "container".
B. Shipper/Consignee Responsibility/Liability: The Shipper
and/or Consignee shall be responsible for the safety
and security of any Carrier provided container in its
possession under any provision of the rule or Tariff,
and for any damage or injury to or loss of the container
arising out of the use, operation, maintenance or
possessions of such container by the Shipper, Consignee
or their agent. Additionally the shipper and/or
Consignee shall be responsible for the removal of all
blocking, braceing, strapping, paper or debris form the
container, or for any solid or liquid contamination of
any part of the container, and further shall be liable
for the cost of cleaning and/or deodorization of the
container to the satisfaction of the carrier.
Actual cleaning and/or deodorization the container
must be performed prior to return of the container.
Any and all charges for such cleaning services
shall be for the account of the Shipper/or Consignee.
C. Removal of Containers for Loading/Unloading:
Empty or loaded containers may be removed from
designated CY or RY by the Shipper or his agent for
loading and by Consignee or his agent for unloading,
subject to the following provisions:
1. Containers must be returned by shipper or Consignee to
the CY or RY from which they were removed unless
Carrier instructs or agrees that container is to be
returned to another location. Containers may only be
interchanged during regular working hours, unless prior
arrangements have been made for interchange at other
times.
2. Carrier will accept return tender of Shipper loaded
and sealed containers at CY or RR subject to the
provisions of paragraph d. below, and Bills of Lading
issued for such containers shall be claused "Shipper
Load, Stow and Count".
D. Shipper Load, Stow and Count: When containers are
loaded and sealed by Shipper, Carrier will accept such
shipments as and Bills of Lading shall be claused,
"Shipper Load, Stow and Count", and shall by subject to
the following provisions:
1. Carrier will not be responsible or liable, either
directly or indirectly, for any damage resulting form
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 cargo.
2. 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 container for safe transportation must be supplied
by and at the expense of the Shipper. Carrier will not
be responsible for, and rates named in this Tariff do
not include, the return or exchange of such materials
after use. 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
calculation freight charges.
3. 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 cubic measurement of the contents.
When Shipper fails to provide a list setting forth the
description of cargo and the overall weight and
measurement of the contents of each.
4. Carrier reserves the right to open, inspect and
recalculate dimensions of cargo 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
Bill of Lading and container will be resealed with
Carrier's seal. Where any error in description,
weight or measurement is found, shipper shall be
rebilled for all freight or additional charges due.
Upon inspection of the container contents, if Carrier
judges the packing or securing of cargo to be
inadequate, the Carrier shall, at its option,
either refuse to transport the cargo or shall repack
and resecure the cargo in the container. Any repacking
or resecuring expenses shall be for the account of
cargo.
5. Shippers placing locking devices on loaded containers
must assume full responsibility for getting the proper
key to the Consignee.
6. When containers subject to "Shippers Load, Stow and
Count" are delivered, Consignee or his agent must
furnish Carrier with a clean receipt prior to release
of the container or contents for delivery.
7. All cargo loaded in a single container must be
destined to a single port or point. Further,
containers destined to more than one ultimate
receiver must be consigned to a single Consignee.
8. Carrier will accept hazardous, dangerous or
objectionable cargo loaded in containers only when
Shipper has obtained Carrier's prior approval, and only
when shipper has complied with all packing, labeling,
marking listed in rule 16 of this Tariff.
E. "On-Deck" Stowage: All cargo loaded on containers or
other equipment may be stowed on-deck or under-deck at
Carrier's option. Bills of Lading, Certificates,
Letters of Credit or other documents requiring specific
stowage shall not be issued and will not be accepted by
Carrier, except when required b governmental agency.
F. Gross Weight Restriction: Gross weight of loaded
containers cannot exceed highway limitations, unless
specifically authorized by relevant governmental
authorities, and in no event shall the gross weight
exceed the maximum weight capacity of the container.
Further, without regard to intent, negligence or any
other factor, Shipper, Consignee or their agents shall
be and will remain jointly, severally and absolutely
liable for any fine, penalty or other sanction
imposed by and governmental authority on containers
exceeding lawful over-the-road weight limitations when
moving in transportation service provided under this
Tariff.
G. Should any Customs or other governmental authority
order or require cargo to be discharged or unloaded
form container for inspection or examination, or should
any governmental authority impound, seize or detain
cargo or container for any reason, all charges and
expenses, including and applicable demurrage,
detention or per diem charges, will be paid by the
Shipper, Consignee or their agent. Moreover, Carrier
will assume no risk or liability for the actions or
omissions of such authorities or their agents.
