Rule 2.36: Shipper/Consignee Responsibility for Shipper Loaded Containers

 

Publication Date: 3/1/2008

Effective Date: 3/1/2008

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Request #: Revision: Original

 

Rule 2.36: Shipper/Consignee’s Responsibility for Shipper Loaded Containers

1.    All terms and conditions for the carriage of cargo in Carrier's container shall be subject to all of

        the provision as set forth in this tariff and thereafter to the Carrier's Bill of Lading and/or as

        otherwise governed by the provision of the Carriage of goods by Sea Act of the United States,

        approved April 18, 1936.

 

2.    The Shipper(s) or Consignee(s) must pick up the Carrier’s equipment at Carrier's berth or

        Ocean terminal or at any other point at which container may be available and re-deliver the

        equipment  to the Carrier's berth or Ocean terminal. All and or other charges involved in the

        transportation to and from Carrier's berth or ocean terminal or at any other point at which  

        equipment may be available and in the loading and/or unloading of contents of equipment are

        for the account of the cargo.

 

3.    Stowage of cargo in containers: When containers are "Shipper's Load and Count" shipper,

        and/or his Agent, shall assume full responsibility for loss or damages caused by shifting or

        improper stowage. No cargo, prohibited by, or in violation of, CFR Title 49 can be included.

 

4.    On shipments moving in marine type containers loaded by the Shipper or Agent, Shipper is

        required to indicate the actual gross weight of the shipment, as shown on the Bill of Lading or

        other shipping documents, loaded at  point of origin or inland shipping point, by attaching a

        shipping type tag to the rear door latch of the container or by writing the information at any

        other designated location on the container. The actual gross weight  of the shipment  

        including the empty weight of the container should be  totaled, in addition to the source and

        date of calculation, and posted on the loaded container.  The empty weight of the container is

        affixed to the container.  

            ***NOTE: This rule will not apply on shipments when loaded open type vehicle-carrying containers

            and those built specifically and used solely for the carriage of compressed gases.

 

5.    Under no condition will Carrier transport Cargo in excess of legal limits or be required to carry

        cargo in excess of its capacity.

 

6.    Bill of Lading must include the following information:

            a. Marks and Numbers of Packages

            b. Number of Packages

            c. Shipper's Description of Packages and Goods "Carrier's Container No.--- said to contain"

                followed by description of each package and contents.  Refer to Carrier's liability.

            d. Shipper's Gross Weight Kilos/Pounds

            e. Shipper's Gross Cubic Feet

 

7.    As Carrier accepts Shipper's or consolidator's count marks, weight and description of

        packages and contents, Shipper or Consolidator shall be responsible to the Carrier for any

        fines or expenses incurred by the Carrier by reason of any error, omission or oversight on part

        of the Shipper or Consolidator.

 

8.    If the container shall be discharged from the vessel and delivery tendered to Customs or to the

       Consignee(s) with Shipper's or Consolidator's seal intact, or in the event container has been

       opened by the Carrier for justifiable reason with Carrier's seal intact, no responsibility or liability

       shall attach to the Carrier for any loss of or damage to contents of container.

 

9.    Any charges which may be assessed by loaders or unloaders, or for opening and closing

        container(s) for Customs purposes, or any other charges, in accordance with the customs of

        that port, will be for the account of the cargo.

 

10.  Except as otherwise provided, Carrier's responsibility for cargo loaded in its container for

        export shall not commence until such Containers are returned to Carrier's terminal and receipt

        given therefore or, on import cargo, shall cease upon acceptance of such container by

        Consignee at Carrier's terminal.

 

11.  When containers are removed from Carrier's terminals, the Shipper or Consignee removing

        such trailers shall hold the Carrier harmless for any damage, including property damage,

        personal injury, or any other damage accruing or resulting in any manner whatsoever from

        such equipment while in the possession of the Shipper or Consignee.