RULE: 2.36: SHIPPER/CONSIGNEE’S RESPONSIBILITY FOR SHIPPER LOADED CONTAINERS Effective 1/20/16
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.
12. Ocean Carrier reserves the right to approve the selection of inland motor carriers for hauling of containers and shall require the inland Carrier (Trucker) to carry personal liability and property damage consistent with the customary practices of the country involved. Ocean Carrier must be provided with a copy of the current insurance policy in effect for approval and reserves the right to cancel any interchange agreement at its discretion.
13. The Shipper/Consignee will acknowledge responsibility and liability for any and all damages, theft - including tires and tubes, and/or any other casualty during the time the equipment is in the possession and under the care, custody and control of the Shipper/Consignee.
14. Shipper/Consignee agree to hold the Carrier harmless from an loss or damage or injury to any and all persons or property, real or personal (including cargo), arising out of the use, operation, maintenance or possession of said equipment from any cause or reasons whatsoever occurring or arising between the time said equipment is delivered to Shipper/Consignee and until said equipment is returned to the Carrier and a receipt is issued therefore.
15. Return of empty equipment: Clean up and disposal of refuse material 16. It is the responsibility of the Consignee and his Agent to return the empty container in a clean condition. A container will not be considered to be in a clean condition unless all dunnage, packaging, refuse material, etc., has been removed prior to return of empty equipment to Carrier or Carrier’s Agent. When empty equipment is returned in other than clean condition a charge of $50.00 will be assessed by the Ocean Carrier based on the ‘bill to’ party on the bill of lading.
EXCEPTION - Refrigerated Containers: A charge of $500.00 will be assessed by Carrier when empty Refrigerated equipment is returned in other than clean condition and Carrier or Carrier’s agent is required to remove debris from the T-17. Rail grooves in the floor of the equipment. This is in lieu of the standard $50 clean out charge and will be assessed based on the ‘bill to’ party on the bill of lading.