Rule 2.043 – HANDLING OF CARGO AND  EQUIPMENT CARRIED UNDER REFRIGERATION OR CONTROLLED TEMPERATURE  (C)

Publication Date: 02/01/2008

Effective Date: 02/01/2008

Through Date:

Expiration Date:

Amendment Code: C

Special Use Number:

Request #  JACBROD33

 

 

   

A.      Shipments carried under refrigeration or controlled temperature will be subject to bookings made with and confirmed by the Carrier's Agent and Carrier’s equipment availability. Any refrigerated cargo tendered to the Carrier, or transferred from inland Carriers' container to ocean Carriers' container, will be accepted by the Carrier Monday through Wednesday before 3:30 p.m.

 

B.     Where Shipper or his Agent arranges to remove a refrigerated container from Carrier's facility for loading of outbound cargo and subsequently after 24 hours of removal (through no fault of the Carrier) said Shipper or his Agent cancels the booking and returns the empty to the Carrier, the applicable inland rate will apply; with the following exception: 

                        Dade, Broward, or Palm Beach County.....$300.00

 

C.     Where Shippers are required to load refrigerated or controlled temperature cargo in Carrier's equipment, it shall be the responsibility of the Shipper to properly stow cargo in the container to insure proper air circulation and to enable the temperature control unit to maintain uniform temperature throughout. Cargo loading practices for refrigerated products can be found on Carrier’s website at www.tropical.com under Refrigerated Services.  Where containers are not loaded properly, resulting loss and/or damage shall be for the account of the owner of the goods and/or shipper.

 

1.   Commodities carried under refrigeration or controlled temperatures when moving as FCL will be handled by the Carrier at temperatures as instructed by the Shipper, subject to all other provisions of this Rule.

 

2.   Commodities carried under refrigeration or controlled temperatures when moving as LCL (including overflow shipments from full containers), except when otherwise handled for Carrier's convenience, will be handled only under one of the following categories of temperature control:

            1. 60 degrees Fahrenheit (controlled)

            2. 36 degrees Fahrenheit (chilled)

3.       0 degrees Fahrenheit (frozen)

4. -10 degrees Fahrenheit (frozen)

 

NOTE: When such shipments are tendered to the Carrier with instructions for refrigeration or controlled temperatures different from those specified immediately above, the responsibility of the Carrier for temperature control shall only be that for the category to which the cargo is assigned.

 

3.   Temperatures specified above and all temperatures or temperature controls agreed to by the Carrier will be subject to a variance of 5 degrees Fahrenheit (in either direction, up or down) while container is in Carrier’s possession from that specified or agreed to. In no case will the Carrier accept instructions for any temperature controls which go beyond the range of 5 degrees Fahrenheit.

 

D.      Bills of Lading covering frozen or refrigerated commodities as noted by Shipper are subject to the following provisions:

 

        1.    Carrier shall not be held responsible or liable for contamination resulting from stowage by Shipper of different commodities in same container.  

 

        2.    Carrier shall not be held responsible or liable for accuracy or applicability of refrigerating instructions given by Shipper.

 

        3.    Carrier shall not be held responsible or liable for conditions arising prior to acceptance of the container or subsequent to its release from its possession.

        

4.   In the case of LCL, Carrier shall not be required to accept and shall bear no liability for cargo to be carried at a set temperature unless the cargo has been refrigerated to the desired carrying temperature prior to delivery to the Carrier for loading into the container.

 

E.     Carrier may refuse to accept any shipment tendered when temperature of the container is not within 5 degrees Fahrenheit of the temperature to be maintained during transportation as specified in the shipping documents provided by the Shipper.  When Carrier does accept such shipments, it shall be at the cargo owner's risk for all loss and damage, and notation of said risk may be inserted in the Bill of Lading. 

    

F.      The responsibility of the Carrier for any cargo loaded in the refrigerated container by Shipper shall not commence until such time as container is returned by the Shipper to Carrier's terminal, and receipt therefore is given, or if pickup service is performed by the Carrier, until receipt is given by the Carrier at the pickup point.

 

G.      Shipper must guarantee that Consignee will take delivery of cargo immediately upon availability of container. Carrier is NOT responsible for the condition of the cargo on outturn if Consignee fails to take immediate receipt. Carrier is NOT responsible for maintaining temperatures after container has been released from its possession.

 

H.      When Shipper or Consignee removes refrigerated containers from the Carrier’s terminal for loading or

unloading, the Carrier shall have no responsibility for the maintenance, repair, or operation of the refrigerator, containers, or the mechanical refrigeration-temperature control units of such containers beyond the time such

containers are removed from the Carrier's terminal by the Shipper or Consignee. Thereafter, the Shipper or Consignee will be responsible for all expense and costs or operation of the refrigeration- temperature control unit thereof, and for all labor expense to effect repairs to such equipment.

 

I.       In handling any and all cargo, the Carrier shall be held blameless in all cases for any loss, deterioration, or damages arising from inherent defect, quality or vice of the goods resulting from controlled temperatures or lack of controlled temperatures and shall have all of the benefits and immunities provided by the Law , its tariff, Bill of Lading, the Carriage of Goods by Sea Act, and any other convention, protocol, law, and regulation, which may apply.

 

 

Refrigerated/Controlled Temperature Maintenance Charge

A maintenance charge will apply on all Refrigerated Cargo/Temperature Controlled Cargo Containers as shown below:

 

Between Continental US (including Puerto Rico and USVI) and the following:

All Ports not shown below

 

 

20’ Container

 

$175.00

 

40’ Container

 

$250.00

Cayman Islands

 

 

 

20’ Container

 

$100.00

40’ Container

$100.00

Bahamas; Barbados, British Virgin Islands: Tortola, Virgin Gorda;  Dominica, Turks & Caicos: Providenciales, Grand Turks; Dominican Republic

 

20’ Container

 

Not Applicable

 

40’ Container

 

Not Applicable

 

Between Canada and the following:

Continental US, Puerto Rico;

USVI: Saint Thomas, Saint Croix, Saint John,

Dominican Republic

 

20’ Container

 

 

Not Applicable

 

40’ Container

 

Not Applicable

 

   

Dual Temperature Equipment

A Dual Compartment Refrigerated Container is a 40' refrigerated container which has two refrigeration units and an adjustable bulkhead.  The bulkhead may be adjusted at 8', 12' and 16'. This arrangement allows for the shipment of refrigerated cargo at 2 separate and distinct temperatures within the same refrigerated unit. (i.e. 16 linear feet containing chilled produce and 24 linear feet containing frozen groceries shipped in one 40' container.)

 

When Carrier provides a dual temperature refrigerated container the following will apply:

 

The Ocean Freight charged will be calculated by prorating the 40' rate for the specific commodity based on the location of the bulkhead within the container.  Shipper must declare, in writing, the location of the bulkhead. In the event the Carrier is not provided written notification, the Carrier will rate the entire shipment at the higher of the Chilled, N.O.S. or Frozen, N.O.S. Dry cargo placed in a Dual Compartment Reefer will not be prorated by the applicable dry cargo commodity rates. In all cases, dry cargo in a Dual Compartment Reefer will be rated at the higher of the Chilled, N.O.S. or Frozen, N.O.S. rate.

 

      There will be an additional service charge of $1000.00 added to the rate for the Dual compartment Refrigerated Container. 

  

      Shipper assumes responsibility for the return of the bulkhead, along with the container, to the Carrier's. In the event that the shipper does not return bulkhead at the time the container is returned, the shipper will be assessed a charge of $800.00.

 

 

       Example of Prorated Calculation:

       A Dual Compartment 40' Reefer, for which the bulkhead is positioned so that the shipment consists of 24 linear feet of frozen groceries in one compartment and 16

  li    linear feet of chilled produce in the other:

                  (a.) Frozen Groceries: Base Ocean Freight =$4000/40'Net ocean Fgt.*

(b.) Chilled Produce:   Base Ocean Freight=$3600/40' Net Ocean Fgt.*

 

The calculation would be as follows:**

($4000 divided by 40 ft = $100 per ft) x 24 ft compartment of frozen groceries = $2400.00 net OF for frozen groceries.

($3600 divided by 40 ft = $90 per ft) x 16 ft compartment of chilled produce = $1440.00 net OF for chilled produce.

The total prorated Ocean Freight would be: $3840.00 + additionals + $1000.00 Dual Compartment Refrigerated Surcharge.***

 

*     Figures used are examples only

 

**    The objective of dividing the 40' rate for a specific commodity by 40 is to determine the per linear foot rate of the specific cargo. Multiplying this linear foot rate by the size of the compartment used for the commodity gives the allocated ocean freight for that commodity.

 

*** By adding the 2 allocated rates together we determine the Ocean Freight to be charged for the 40' Dual Compartment Refrigerated Container. Bottom line charges are determined by adding $1000.00 for the use of the specialized equipment and applicable documentation, bunker, handling, landing,

and other charges as specified in the tariff.