Rule 2.043 – Handling of Cargo and Equipment Carried under Refrigeration or Controlled Temperature 

Publication Date: 10/24/2022

Effective Date: 10/31/2022 unless stated otherwise

Through Date:

Expiration Date:

Amendment Code: I, A

Special Use Number:

Request #  TOMJONE479

 

 

   

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 Friday during the currently prescribed cargo receiving hours.

 

B.      Where Shippers are required to load refrigerated or controlled temperature cargo in Carrier's equipment, it shall be the responsibility of the Shipper to set the temperature of the equipment that is to be maintained during transportation as well as 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 set and 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 temperature settings:

            1.  36 degrees Fahrenheit (chilled)

            2.  0 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 setting controls agreed to by the Carrier will be subject to a variance in actual temperature of 5 degrees Fahrenheit (in either direction, up or down) from that specified or agreed to while container is in Carrier’s possession. In no case will the Carrier accept instructions for any temperature controls which go beyond the range of 5 degrees Fahrenheit.

 

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

 

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 reading of the container is not within 5 degrees Fahrenheit of the temperature set by the shipper 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, including the cost of fuel and / or electricity to maintain proper operation of the 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 from the Continental US (including Puerto Rico) as shown below:

 

From Continental US to the following: (A, I) Effective 10/31/2022

 

All Ports

LCL Cargo

$30 per shipment

 

 

From Continental US and Puerto Rico to the following:

All Ports not shown below (See also Note 1)

20’ Container

$225.00

40’ Container

$300.00

Cayman Islands

20’ Container

$150.00

40’ Container

$150.00

Barbados

Dominica

20’ Container

$50.00

40’ Container

$50.00

British Virgin Islands

20’ Container

$25.00

40’ Container

$50.00

Turks & Caicos: Providenciales, Grand Turks, South Caicos, West Caicos

Dellis Cay (See also Note 2)

 

20’ Container

$50.00

40’ Container

$50.00

Dominican Republic

20’ Container

$120.00

40’ Container

$120.00

Note 1: Not applicable to the Bahamas or from Canada to the Continental U.S.

Note 2: Also subject to Plug In Fee

 

From Continental US to the following:

 

Belize

 

20’ Container

$150.00

40’ Container

$150.00

 

 

To Continental US and Puerto Rico from the following:

 

Dominican Republic

 

20’ Container

$120.00

40’ Container

$120.00

 

 

Temperature Reset: A temperature re-set charge will apply to all refrigerated cargo when the temperature needs to be reset at the Terminal by Carrier or Carrier’s agent.

 

From Canada to the following:

 

U.S. Virgin Islands

Puerto Rico

Continental U.S.

20’ Container

$75.00

40’ Container

$75.00

 

 

 

Transfresh Surcharge – Transferred from Rule 10.026

 When Carrier provides equipment which is to be used to carry cargo moving under a modified atmosphere condition (through application of the TransFresh  Modified Atmosphere Tectrol system or similar processes, where gasses are introduced into the container) a charge of $50.00 per container will be assessed for use of this equipment.

 

Should Carrier be required to prepare and install TransFresh's Modified Atmosphere Tectrol system or similar process to modify the atmosphere of the container during the transportation process a $700 surcharge shall be applied to the shipment.

All Ports

Modified Atmosphere (M/A) Equipment      

$50.00 per Container

Carrier Preparation & Installation of M/A system

$700.00 per Container

 

 

Plug In Fee – Applies to all refrigerated containers imported to the Turks & Caicos Ports: Providenciales, Grand Turks, South Caicos, West Caicos
Tropical Shipping will allow up to 24 hours free electricity plug in time for refrigerated containers after discharge from Carrier’s vessel; thereafter a charge of $85 per day per container will be assessed. This charge will be for the account of the cargo owner and will be in addition to the Carrier’s Refrigeration Maintenance Charge and Carrier’s Detention/Demurrage charges. The charge will be billed on a separate invoice.