RULE: 2.50 - TEMPERATURE CONTROLLED CARGO Eff: 07NOV2016

Effective 07NOV2016
Filed 07NOV2016
Filing Codes I

Cargo requiring to be transported at a specific 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
accepted ONLY after prior booking, ONLY when sufficient and
appropriate equipment is available, ONLY when proper vessel
stowage can be obtained and provided, and will be SBJ to
the rates, rules and provisions named below and the
assessorial charges and rates applying on "refrigerated,"
"chilled," "temperature controlled," or "heated" service.
     
a. B/Ls covering temperature controlled cargo will be so
   noted by the Shipper and shipments will be SBJ to the
   following provisions:
     
  1. Carrier is NOT responsible for contamination of cargo
     resulting from improper stowage by the Shipper or
     stowage of incompatible commodities in the same
     container.
     
  2. Carrier is 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 is 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 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.  Notation
   of 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
   the Free Time specified in Rule 21.  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 the
   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 functioning temperature controlled container 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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