HelpRule Detail
Access Date: 13May2022 Tariff: 980000-006
Print- Rule Number:
- 835
- Rule Title:
- REFRIGERATED CARGO - APPLICATION OF RATES
- Effective:
- 02Jan2022
- Thru:
- Expires:
- Publish:
- 28Dec2021
- Amend Type
- CA
A. Rates with Commodity Numbers 03XX-XX-XXXX and
07XX-XX-XXXX apply on refrigerated cargo when
tendered for shipment in temperature controlled
containers. Other cargo will be carried in non-
temperature controlled containers and Carrier will not
be responsible for damage to cargo caused by
either heat or cold. Container load shipments, when
loaded by Shipper or his agent, will be transported
only at the thermostat setting as specified by Shipper
or his agent on the container load plan. If at a later
date Shipper notifies Carrier by letter that a
different thermostat setting is desired, then Carrier
shall make every reasonable effort to so change the
setting. Contrary thermostat settings on the bill of
lading, dock receipt or any document other than the
container load plan shall not govern except as the
container load plan setting may subsequently be changed
by specific instructions in a separate letter from
Shipper to Carrier. Container load shipment loaded by
Carrier at the CFS will be transported at the
thermostat setting as specified in writing by Shipper
or his agent on either the dock receipt or separate
letter.
B. Carrier represents that the temperature controlled
containers which it furnishes are properly
constructed, will be operated by capable persons, and
will operate in the manner for which they are designed
and manufactured to operate. Beyond this, Carrier
makes no warranty as to the performance of the
container. Carrier does not represent that its
equipment will reduce the temperature of the cargo.
Rather, the temperature controlled containers are
designed and manufactured to retain temperature during
transit; however, Carrier's 40 ft. equipment is not
designed to hold the temperature of cargo lower than
15 Degrees below zero Fahrenheit. Due to this design
limitation, cargo which requires carriage at a
temperature lower than 5 degrees below zero Fahrenheit
will not be accepted except for cargo tendered at CY
in Carrier's 40 ft. equipment which will be accepted
when temperature as low as 15 degrees below zero
Fahrenheit are required. Containers, except for
Carrier's 40 Ft. equipment loaded by Shipper, which are
tendered with a thermostat setting lower than 5 degrees
below zero or with instructions on the container load
plan to carry at a thermostat setting lower than 5
degrees below zero will be refused. Carrier's 40 Ft.
equipment loaded by Shipper which is tendered with a
thermostat setting lower than 15 degrees below zero
Fahrenheit or with instructions on the container load
plan to carry at a thermostat setting lower than 15
degrees below zero Fahrenheit will be refused. Cargo
which is loaded by Shipper shall be stowed in a manner
facilitating the free circulation of air within the
container.
C. Except as otherwise provided in Note 1 of this
paragraph, all shipments tendered at any CFS will be
transported only at the standard thermostat settings
indicated in degrees Fahrenheit in the appropriate
column below and subject to a record variance of plus
or minus two degrees:
Freeze 0
Special Chill 29
Ordinary Chill 35
Cooling Range 45
Special Cooling Range 55
NOTE 1: When Shipper requests a non-standard
thermostat setting, bookings will be accepted
subject to a minimum charge of $7348.00
per 40 ft. refrigerated container. (A)
D. Other provisions not withstanding, Carrier will assume
responsibility for loss in transit due to improper or
inadequate atmospheric temperature control, provided
that at or prior to the time goods are tendered for
shipment, except as provided in paragraph A, and
subject to the qualification as to LCL shipments in
Paragraph C, Shipper notifies Carrier in writing of
the thermostat setting desired, and further provided
that a variance in recorded temperature of two degrees
more or less from such thermostat settings shall not
constitute improper or inadequate atmospheric
temperature control.
E. Carrier may be requested by the State of Hawaii
Department of Agriculture to discharge containers at
the port of Honolulu for inspection of cargo. If such
inspection is requested, the Carrier will not be
responsible for loss or damage to goods resulting from
lack of temperature protection during the period of
inspection.
F. Carrier will furnish temperature controlled containers
with inside cubic measurement of not less than 1,046
Cubic Feet for transportation of cargo described under
Commodity Number 08XX-XX-XXXX of this Tariff. Subject
to availability, Carrier may furnish controlled
temperature containers exceeding the inside cubic
measurements shown above, but is not obligated to do
so.
G. Notwithstanding any other provision of this tariff or
Carrier's bill of lading, Carrier has the right to pay
a claim for loss of or damage to a shipment of
refrigerated cargo up to the amount of the actual loss
or damage, but in no event in an amount exceeding
$100,000 per container.
H. When temperature controlled containers are furnished
by Shipper, Carrier will undertake only to provide
electrical power for such containers while in Carrier's
container yards and aboard Carrier's vessels, and to
comply with Paragraphs A and E of this rule. Carrier
will not be responsible for maintenance, repair or
correction of malfunctions of Shipper furnished
temperature controlled containers.
I. In the event of significant product loss of perishable
cargo due to reefer equipment malfunction or service
failure, Carrier may elect to pay for and assist
Customer in arranging for airfreight of enough product
to cover immediate market needs, subject to a maximum
payout of $20,000.00 per container.
J. Upon written request of the Shipper, Carrier will
accept for carriage dry, non-refrigerated cargo, loaded
by the Shipper in Carrier's dual temperature control
refrigerated containers. As the dual temperature
control refrigerated containers are not specifically
designed for the carriage of dry, non-refrigerated
cargo, Carrier's acceptance of such shipments for
carriage is specifically conditioned upon the Shipper's
acceptance of any and all liability and risk of loss or
damage to the dry, non-refrigerated portion of the
cargo so loaded, including but not limited to
temperature damage and damage caused by condensation of
ambient humidity inside the container. Carrier will
remain liable for any loss or damage caused by
Carrier's failure to exercise due diligence to make the
container structurally seaworthy before and at the
beginning of the voyage.
07XX-XX-XXXX apply on refrigerated cargo when
tendered for shipment in temperature controlled
containers. Other cargo will be carried in non-
temperature controlled containers and Carrier will not
be responsible for damage to cargo caused by
either heat or cold. Container load shipments, when
loaded by Shipper or his agent, will be transported
only at the thermostat setting as specified by Shipper
or his agent on the container load plan. If at a later
date Shipper notifies Carrier by letter that a
different thermostat setting is desired, then Carrier
shall make every reasonable effort to so change the
setting. Contrary thermostat settings on the bill of
lading, dock receipt or any document other than the
container load plan shall not govern except as the
container load plan setting may subsequently be changed
by specific instructions in a separate letter from
Shipper to Carrier. Container load shipment loaded by
Carrier at the CFS will be transported at the
thermostat setting as specified in writing by Shipper
or his agent on either the dock receipt or separate
letter.
B. Carrier represents that the temperature controlled
containers which it furnishes are properly
constructed, will be operated by capable persons, and
will operate in the manner for which they are designed
and manufactured to operate. Beyond this, Carrier
makes no warranty as to the performance of the
container. Carrier does not represent that its
equipment will reduce the temperature of the cargo.
Rather, the temperature controlled containers are
designed and manufactured to retain temperature during
transit; however, Carrier's 40 ft. equipment is not
designed to hold the temperature of cargo lower than
15 Degrees below zero Fahrenheit. Due to this design
limitation, cargo which requires carriage at a
temperature lower than 5 degrees below zero Fahrenheit
will not be accepted except for cargo tendered at CY
in Carrier's 40 ft. equipment which will be accepted
when temperature as low as 15 degrees below zero
Fahrenheit are required. Containers, except for
Carrier's 40 Ft. equipment loaded by Shipper, which are
tendered with a thermostat setting lower than 5 degrees
below zero or with instructions on the container load
plan to carry at a thermostat setting lower than 5
degrees below zero will be refused. Carrier's 40 Ft.
equipment loaded by Shipper which is tendered with a
thermostat setting lower than 15 degrees below zero
Fahrenheit or with instructions on the container load
plan to carry at a thermostat setting lower than 15
degrees below zero Fahrenheit will be refused. Cargo
which is loaded by Shipper shall be stowed in a manner
facilitating the free circulation of air within the
container.
C. Except as otherwise provided in Note 1 of this
paragraph, all shipments tendered at any CFS will be
transported only at the standard thermostat settings
indicated in degrees Fahrenheit in the appropriate
column below and subject to a record variance of plus
or minus two degrees:
Freeze 0
Special Chill 29
Ordinary Chill 35
Cooling Range 45
Special Cooling Range 55
NOTE 1: When Shipper requests a non-standard
thermostat setting, bookings will be accepted
subject to a minimum charge of $7348.00
per 40 ft. refrigerated container. (A)
D. Other provisions not withstanding, Carrier will assume
responsibility for loss in transit due to improper or
inadequate atmospheric temperature control, provided
that at or prior to the time goods are tendered for
shipment, except as provided in paragraph A, and
subject to the qualification as to LCL shipments in
Paragraph C, Shipper notifies Carrier in writing of
the thermostat setting desired, and further provided
that a variance in recorded temperature of two degrees
more or less from such thermostat settings shall not
constitute improper or inadequate atmospheric
temperature control.
E. Carrier may be requested by the State of Hawaii
Department of Agriculture to discharge containers at
the port of Honolulu for inspection of cargo. If such
inspection is requested, the Carrier will not be
responsible for loss or damage to goods resulting from
lack of temperature protection during the period of
inspection.
F. Carrier will furnish temperature controlled containers
with inside cubic measurement of not less than 1,046
Cubic Feet for transportation of cargo described under
Commodity Number 08XX-XX-XXXX of this Tariff. Subject
to availability, Carrier may furnish controlled
temperature containers exceeding the inside cubic
measurements shown above, but is not obligated to do
so.
G. Notwithstanding any other provision of this tariff or
Carrier's bill of lading, Carrier has the right to pay
a claim for loss of or damage to a shipment of
refrigerated cargo up to the amount of the actual loss
or damage, but in no event in an amount exceeding
$100,000 per container.
H. When temperature controlled containers are furnished
by Shipper, Carrier will undertake only to provide
electrical power for such containers while in Carrier's
container yards and aboard Carrier's vessels, and to
comply with Paragraphs A and E of this rule. Carrier
will not be responsible for maintenance, repair or
correction of malfunctions of Shipper furnished
temperature controlled containers.
I. In the event of significant product loss of perishable
cargo due to reefer equipment malfunction or service
failure, Carrier may elect to pay for and assist
Customer in arranging for airfreight of enough product
to cover immediate market needs, subject to a maximum
payout of $20,000.00 per container.
J. Upon written request of the Shipper, Carrier will
accept for carriage dry, non-refrigerated cargo, loaded
by the Shipper in Carrier's dual temperature control
refrigerated containers. As the dual temperature
control refrigerated containers are not specifically
designed for the carriage of dry, non-refrigerated
cargo, Carrier's acceptance of such shipments for
carriage is specifically conditioned upon the Shipper's
acceptance of any and all liability and risk of loss or
damage to the dry, non-refrigerated portion of the
cargo so loaded, including but not limited to
temperature damage and damage caused by condensation of
ambient humidity inside the container. Carrier will
remain liable for any loss or damage caused by
Carrier's failure to exercise due diligence to make the
container structurally seaworthy before and at the
beginning of the voyage.