RULE: 2.50 - PROVISIONS GOVERNING TEMPERATURE CONTROLLED CARGO SHIPMENTS Eff: 13OCT2017

Effective 13OCT2017
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.

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