TEMPERATURE CONTROLLED GOODS Sample Clauses
TEMPERATURE CONTROLLED GOODS. (1) Merchant acknowledges that the Goods do not require special care in the stowage, handling, or transport, such as ventilation, humidity control, refrigerated carriage, or watering (in the case of live plants) unless Merchant has declared the need for such special stowage or care in writing prior to tendering the Goods to Carrier and Carrier has agreed in writing to undertake such special care, and a higher freight rate has been paid therefor. In the event Merchant declares the need for special care, and ▇▇▇▇▇▇▇▇'s instructions for special care are inserted on the face hereof, and higher freight is paid therefor, Carrier shall exercise due diligence to provide such special care, nut in no event shall Carrier be liable for any breakdown, stoppage, malfunction, or latent defect in any refrigeration or temperature- controlling equipment, unless such breakdown, stoppage, malfunction, or latent defect arises due to Carrier's failure to exercise due diligence, which failure to exercise due diligence must be proved by direct evidence of conduct falling below the custom and practice at the Port of shipment.
(2) If the Goods have been packed into a refrigerated or reefer container by Merchant, Merchant acknowledges and agrees that it has inspected such container and has found it suitable and operational, including its refrigeration plant and thermostatic controls. Merchants agrees that it shall set the proper temperature range sufficiently prior to loading the container for safe receipt of the Goods, and further agrees that Carrier shall not be liable for any loss or damage to the Goods arising from any failure to perform Merchant's obligations hereinabove.
(3) If the goods have been packed into a refrigerated or reefer container by Carrier and the temperature range requested by Merchant has been set forth on the face of this Bill of Lading, Carrier shall undertake to set the temperature range as requested, but shall not be responsible for any loss or damage to the Goods due to fluctuations in temperature, and Carrier does not guarantee the maintenance of such temperature range within the Container.
TEMPERATURE CONTROLLED GOODS. 6.17.1 Unless otherwise previously agreed in writing, the Customer undertakes that no Goods or Containers requiring temperature control will be delivered to OCTO-LOGISTICS and that OCTO-LOGISTICS shall not be required to deal with or handle such Goods and no liability shall in any event attach to OCTO-LOGISTICS in respect of such Goods or Containers under any circumstances;
6.17.2 If OCTO-LOGISTICS agrees in writing to handle Goods which require temperature control, the Customer undertakes to give written notice of the nature of the Goods and a particular temperature range to be maintained and shall warrant that the Container has been properly pre-cooled or pre-heated as appropriate, that the Goods have been properly stuffed in the Container and that its thermostatic controls have been properly set. If the above requirements are not or have not been complied with, OCTO-LOGISTICS shall not be liable for any loss or damage to the Goods;
6.17.3 If the Customer is in breach of 6.17.1 and/or 6.17.2 above, OCTO-LOGISTICS may refuse receipt of the Goods or, if already received, call on the Customer to immediately remove the Goods and failing to do so within 7 days of having been requested in writing to do so, OCTO-LOGISTICS shall be entitled to destroy the Goods or deal with them in any other manner it deems appropriate, without liability and at the risk and expense of the Customer.
TEMPERATURE CONTROLLED GOODS. 9.1. The Customer shall not, without giving prior written notice to the Freight Forwarder of a temperature range to be maintained and the nature of the Goods, deliver for transportation any Goods that require specific temperature control.
9.2. Where a temperature-controlled container has been packed by the Customer, or a third party on its behalf, the Customer undertakes that:
9.2.1. the Goods have been appropriately pre-cooled or pre-heated;
9.2.2. the Goods have been properly packed into the container; and
9.2.3. the container's thermostatic controls have been properly set.
9.3. The Freight Forwarder shall not be liable for any damage or loss to the Goods which is caused by the Customer's failure to comply with this clause or applicable law.