Rule 2.043: Handling of Cargo and Equipment Carried Under Refrigeration or Controlled Temperature

Publication Date: 07/29/2010

Effective Date: 08/29/2010

Through Date:

Expiration Date:

Amendment Code: A, I

Special Use Number:

Request #: DEAMACL515

 

   

A.      Shipments carried under refrigeration or controlled temperature will be subject to bookings made with and confirmed by the Carrier's Agent and Carrier’s equipment availability. Any refrigerated cargo tendered to the Carrier, or transferred from inland Carriers' container to ocean Carriers' container, will be accepted by the Carrier Monday through Wednesday before 3:30 p.m.

 

B.     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, the applicable inland rate will apply.

 

C.     Where Shippers are required to load refrigerated or controlled temperature cargo in Carrier's equipment, 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. Cargo loading practices for refrigerated products can be found on Carrier’s website at www.tropical.com under Refrigerated Services.  Where containers are not loaded properly, resulting loss and/or damage shall be for the account of the owner of the goods and/or shipper.

 

1.   Commodities carried under refrigeration or controlled temperatures when moving as FCL will be handled by the Carrier at temperatures as instructed by the Shipper, subject to all other provisions of this Rule.

 

2.   Commodities carried under refrigeration or controlled temperatures when moving as LCL (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. 36 degrees Fahrenheit (chilled)

3.       0 degrees Fahrenheit (frozen)

4. -10 degrees Fahrenheit (frozen)

 

NOTE: When such shipments are tendered to the Carrier with instructions for refrigeration or controlled temperatures different from those specified immediately above, the responsibility of the Carrier for temperature control shall only be that for the category to which the cargo is assigned.

 

3.   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) while container is in Carrier’s possession 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.

 

D.      Bills of Lading covering frozen or refrigerated commodities as noted by Shipper are subject to the following provisions:

 

        1.    Carrier shall not be held responsible or liable for contamination resulting from stowage by Shipper of different commodities in same container.  

 

        2.    Carrier shall not be held responsible or liable for accuracy or applicability of refrigerating instructions given by Shipper.

 

        3.    Carrier shall not be held responsible or liable for conditions arising prior to acceptance of the container or subsequent to its release from its possession.

        

E.     Carrier may refuse to accept any shipment tendered when temperature of the container is not within 5 degrees Fahrenheit of the temperature to be maintained during transportation as specified in the shipping documents provided by the Shipper.  When Carrier does accept such shipments, it shall be at the cargo owner's risk for all loss and damage, and notation of said risk may be inserted in the Bill of Lading. 

    

F.      The responsibility of the Carrier for any cargo loaded in the refrigerated container by Shipper shall not commence until such time as container is returned by the Shipper to Carrier's terminal, and receipt therefore is given, or if pickup service is performed by the Carrier, until receipt is given by the Carrier at the pickup point.

 

G.      Shipper must guarantee that Consignee will take delivery of cargo immediately upon availability of container. Carrier is NOT responsible for the condition of the cargo on outturn if Consignee fails to take immediate receipt. Carrier is NOT responsible for maintaining temperatures after container has been released from its possession.

 

H.      When Shipper or Consignee removes refrigerated containers from the Carrier’s terminal 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.

 

I.       In handling any and all cargo, the Carrier shall be held blameless in all cases for any loss, deterioration, or damages 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 , its tariff, Bill of Lading, the Carriage of Goods by Sea Act, and any other convention, protocol, law, and regulation, which may apply.

 

 

Temperature Reset: (A,I) Effective 08/29/2010

A temperature re-set charge will apply to all refrigerated cargo when the temperature needs to be reset by Container Yard Depot.

 

From Canada to the following:

Bahamas

British Virgin Islands

Dominican Republic

Eastern Caribbean

Western Caribbean

 

20’ Container

$50.00

40’ Container

$50.00