RULE: 2.23 - PROVISIONS FOR SHIPPER LOAD, STOW & COUNT CONTAINERS Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

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.

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