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.
