RULE: 2.23 - PROVISIONS FOR SHIPPER LOAD, STOW & COUNT CONTAINERS Eff:
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When containers are loaded and sealed by Shipper or his Agent, Carrier will accept such shipments as, and Bills of Lading shall be claused, "Shipper Load, Stow and Count," and shall be SUBJECT to the following provisions: a. Carrier will NOT be responsible or liable, either directly or indirectly, for any damage resulting from the improper stowage, loading or mixing of articles in containers, nor for any discrepancy or shortage in the count thereof, nor for any concealed or hidden damage to the cargo. b. All labor and materials, such as lashing, bulkheads, cross members, platforms, dunnage, pallets or other similar materials, used to block, brace or secure cargo in/on container for safe transportation MUST be supplied by and at the expense of the Shipper or his Agent. Carrier will NOT be responsible for, and charges named and NRAs governed by this Tariff do NOT include, the return or exchange of such materials after use unless otherwise specifically provided in individual NRAs. Materials used for securing, bracing, lashing, etc. (other than normal packaging or pallets) shall NOT be included in the overall weight or measurements of the cargo for the purposes of calculating freight charges. c. Shipper MUST furnish Carrier with a complete list of all cargo in each container, including a complete description of all articles in the container and the gross weight and overall cubic measurement of the cargo contents. When Shipper fails to provide such a list, freight charges shall be calculated on the highest rated commodity in the container at either the applicable FCL rate contained in weight less tare) for weight rated commodities or the total inside cubic capacity of the container for measurement rated commodities based on the Carrier's general tariff of applicability. Each individual piece, package or unit in a Shipper-sealed container loaded to full visible capacity need NOT be marked as required in Rule 2.9. d. Carrier reserves the right to open, inspect and recalculate dimensions of cargo contents or to verify the contents of any container with respect to description, weight and/or measurement. When Carrier opens a container such inspection will be indicated on the Bill of Lading and Shipping Documents. Container will then be resealed with Carrier's seal. Where any error in description, weight or measurement is found, Shipper shall be rebilled for all freight and additional assessorial charges due. Upon inspection of the container contents, if Carrier judges the packing or securing of cargo to be inadequate to protect cargo and container during normal ocean transportation, the Carrier shall either refuse to transport the shipment or shall repack and resecure the cargo in the container. All repacking or resecuring expenses shall be for the account of the cargo. e. Shippers placing locking and/or security devices on loaded containers MUST assume full responsibility for getting the proper "key" to the Consignee by the time the shipment is delivered. f. When a container subject to "Shippers Load, Stow and Count" is delivered, the Consignee or his Agent MUST furnish Carrier with a clean receipt, prior to release of the container or its contents for delivery. g. All cargo loaded in a single container MUST be destined to a single Consignee at one (1) port or point of destination. Further, containers containing part lots destined to more than one (1) ultimate receiver MUST be consigned to a single Consignee. h. Carrier will accept hazardous or dangerous cargo (See Rule 16) loaded in containers handled in "Shipper Load, Stow and Count" service ONLY when Shipper has obtained Carrier's prior approval, and ONLY when Shipper has compiled with all packing, labeling, marking and placarding regulations outlined in Rule 16 of this Tariff. i. Gross weight of loaded containers CANNOT exceed highway weight limitations, unless Shipper, Consignee or their agent have obtained specific authorization from relevant governmental authorities and in NO event shall the gross weight of container and contents exceed the maximum weight capacity of the container. Further without regard to intent, negligence or any other factor, Shipper, Consignee and their agents shall be and will remain jointly, severally and absolutely liable for any fine, penalty or other sanction imposed by any governmental authority on containers moving in "Shipper Load, Stow and Count" service which exceed lawful over-the-road weight limitations.