Publication Date: 04/01/1999

Effective Date: 05/01/1999

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Rule 2.043 Refrigerated Cargo

 

   

A.    Refrigerated cargo will be subject to special booking arrangements with the Carrier, and Carrier's equipment

availability.

 

B.    Bills of Lading covering freeze or refrigerated commodities will be noted by Shipper and shipments are subject to

the following provisions:

 

        1.    Carrier is NOT responsible for contamination resulting from stowage by Shipper of different commodities

        in same container.  

 

        2.    Carrier is NOT responsible for accuracy or applicability of refrigerating instructions given by Shipper.

 

        3.    Carrier is NOT responsible for conditions arising prior to or subsequent to its movement of refrigerated

        commodities.

        

        4.    Carrier will NOT accept cargo to be carried at freeze temperature unless cargo has been pre-frozen prior

        to loading it into trailer.

 

C.     Carrier may refuse to accept any shipment tendered when pulp Temperature of the cargo is not within 5 degrees

Fahrenheit of the temperature specified in the shipping documents to be maintained during transportation. When

Carrier does accept such shipments, it shall be at the cargo owner's risk for all loss and damage caused by 

spoilage and notation of same shall be inserted in the Bill of Lading. 

 

D.    Shipper must guarantee that Consignee will take delivery of cargo immediately upon spotting of container.  Carrier is NOT responsible for condition of cargo on outturn if Consignee fails to do so. Carrier is NOT responsible for maintaining temperatures after trailer is opened.

 

E.    After a container has been delivered to Consignee, Carrier will NOT accept liability for any damage to the cargo

due to the improper functioning of the refrigeration unit, if container is not returned to Carrier's terminal within (24)

twenty-four hours after delivery is effected on Frozen cargoes and (12) Twelve hours on Chill cargoes. In the event that the container is returned to the Carrier in an inoperative condition, Consignee will bear the expense of returning unit to an operating condition.

 

HANDLING OF CARGO IN CONTAINERS CARRIED UNDER REFRIGERATION OR CONTROLLED TEMPERATURES

 

1.      Cargo carried under refrigeration or controlled temperatures shall be rated as Reefer Cargo at rates, rules and conditions specified in this tariff, subject to the following rules and regulations applicable to controlled temperatures, refrigerated, frozen, or ice box freight.

 

**Exception: Dry groceries containing 30% or more by volume moving in chilled 20' containers to Tortola.

2.

    A. Commodities carried under refrigeration or controlled temperatures when moving in lots of not less than 750

    cubic feet or 24,000 lbs. per container (but not including overflow shipments of less than these quantities) will be

    handled by the Carrier at temperatures instructed by the Shipper, subject to all other provisions of this Rule.

 

    B. Commodities carried under refrigeration or controlled temperatures when moving in lots of less than 750 cubic

    feet or 24,000 lbs. per container (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. 40 degrees Fahrenheit (chilled)

            3. 0 degrees Fahrenheit (frozen)

 

    When such shipments are tendered to the Carrier with instructions for refrigeration or controlled temperatures

    different from those specified immediately above, and in so doing, the responsibility of the Carrier for temperature

    control shall only be that for the category to which the cargo is assigned.

 

4.     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) 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.

 

5.    In all cases, the Carrier in handling any and all cargo shall be held blameless for any loss, deterioration or damage 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 in the tariffs, Bill of Lading, and the Carriage of Goods by Sea Act.

 

6.     The rules, regulations, and charges provided in this Rule are in addition to all other applicable rates, rules,

regulations, and charges.

 

7.    The Carrier may refuse to accept any shipment tendered where the temperature of the cargo is not within 5 degrees of the temperature specified in the shipping documents to be maintained during transportation. Where Carrier does accept such shipments, it shall be at the cargo owner's risk for all loss and damage caused by spoilage.

 

8.     Where under the tariff provisions Shippers are required to load refrigerated or controlled temperature cargo in Carrier's containers, 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.  Where containers are not loaded properly, loss and damage resulting therefrom shall be for the account of the owner of the goods.

 

9.    When Shipper or Consignee removes refrigerated containers from the terminal of the Carrier 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.

 

10.     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, there shall be a charge of $200.00 USD plus a $50.00 per day "Per Diem" charge for each day after the first 24 hours of the date of removal of the container from the Carrier's facility including Saturdays, Sundays, and Holidays.