RULE: 2.50 - PROVISIONS GOVERNING TEMPERATURE CONTROLLED CARGO SHIPMENTS Eff: 13OCT2017
Effective | 13OCT2017 |
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Filed | 13OCT2017 |
Filing Codes | I |
When Carrier is required or requested to maintain cargo at a specific controlled temperature for the proper protection of the cargo, or when cargo is received by Carrier with instructions to maintain a specific controlled temperature while cargo is in transit, Carrier will accept such cargo ONLY after prior booking, ONLY when sufficient and appropriate equipment is available, and ONLY when proper vessel stowage can be obtained and provided. Shipments requiring that a specific controlled temperature be maintained will be SBJ to the provisions named herein, as well as the rates and any assessorial charges named in this Tariff specifically listed as applying when "Refrigerated," "Chilled," "Temperature Controlled," or "Heater" service is provided. a. B/Ls covering temperature controlled cargo must be so noted by the Shipper or Carrier and all temperature controlled cargo shipments will be SBJ to the following provisions: 1. Carrier will NOT responsible for contamination of cargo resulting from improper stowage by the Shipper or the stowage of incompatible commodities in the same package or container. 2. Carrier will 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 will 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 that is 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. Notations of the 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 this Tariff. Carrier will NOT be responsible for conditions of cargo on delivery, return or redelivery, if Consignee fails to take delivery by the time specified. Additionally Carrier will NOT be responsible for maintaining temperature once a full 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 temperature controlled container that was functioning at the time delivery was made, 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.