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Rule 33 - Hazardous Cargo
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Rule # Description Effective Expiry

33

Hazardous Cargo

1-July-2010

 31-Oct-2016

A.    Hazardous materials and dangerous goods will be subject to Carrier's option or acceptance and to special booking arrangements with the individual Carrier.

B.    In the absence of specific provision in this tariff, all commodities designated, either specifically by name or qualified by reason of characteristics or properties, as hazardous materials or dangerous goods as prescribed in the United States Code of Federal Regulations, i.e. CFR Titles 46 and 49 as revised and or the International Maritime Dangerous Goods Code (IMDG) as implemented shall be considered as hazardous material or dangerous goods and rated accordingly.

Hazardous materials and dangerous goods must be booked with Carrier and will be subject to Carriers option or acceptance. Shipments rejected by Carrier which are not in compliance with 49 CFR, the IMDG Code or other applicable regulations and/or cargoes which are prohibited for carriage by Carrier or Ship Operator will not be viewed as tendered to Carrier pursuant to Volume agreements.

Shipper will be liable and responsible for all costs and consequences related to violations, fines, damages, incidents, claims and corrective measures resulting from Shippers, or Shippers agents, failure to properly offer for transport and/or declare hazardous materials/dangerous goods at the time of booking, or otherwise. Shipper shall further indemnify Carrier of any liability, claim or costs of any kind incurred by Carrier as a result of Shippers failure to comply with applicable governmental regulations or requirements concerning shipment of hazardous materials/dangerous goods.

B1. Emergency Response Information

As authorized by 49 CFR 172.602 (b)(3)(111) and for the purposes of satisfying the emergency response information requirements of 49 CFR 172.602(a)(2) through (7) with respect to shipments of hazardous materials, carrier will utilize the U.N. ID number provided by Shipper (or Shippers agent) to cross reference the applicable standardized emergency response information set forth in the IMO "Emergency Procedures for Ships Carrying Dangerous Goods" ("EMS") and "Medical First Aid Guide" (MFAG) for the ocean portion of a movement and the "North American Emergency Response Guide" ("ERG") for U.S. Inland portion, for shipments moving under a through bill of lading, (including terminal facilities).

Notwithstanding the foregoing, shipper may provide alternative emergency response information, to that set forth in the IMO EMS/MFAG Guides and ERG, by specific written instructions, which shall be identified to the Carrier at the time of booking and tendered along with the shipment and which shall specify the alternative information and the mode or modes to which it is applicable.  It shall be Shippers responsibility to advise the Carrier specifically in writing if the aforementioned standardised emergency response information texts do not cover a commodity tendered by Shipper or provided information, which Shipper determines is inappropriate for use, in whole or in part, in response to an incident or accident involving said commodity.

C.    In the event governmental and/or port authorities require special handling and/or storage of hazardous materials/dangerous goods, the Carrier may take any steps required by such authority and all additional costs shall be for the account of the cargo.  Non dangerous cargo co-loaded in the same container with dangerous or hazardous cargo will be accorded the same treatment as dangerous or hazardous cargo. 

Hazardous Cargo Surcharge

(NOT applicable to IMDG Classes 1, 2, 5.2 and 7 which is by application to the Carrier only) <effective till 10 July 2010>

(NOT applicable to IMDG Classes 7 which is by application to the Carrier only) <effective on 11 July 2010>


Unless specifically provided for in the Tariff, Hazardous Cargo will be subject to a Hazardous Cargo Surcharge of USD 250 per container in addition to rates for Non-Hazardous Cargo.