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| Owner |
Tariff ID |
Rule |
Sub-Rule |
Filed |
Effective |
Expires |
| 019075 |
001 |
002 |
002 |
02-15-2005 |
02-15-2005 |
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SUB-RULE 002 - OVERWEIGHT CONTAINERS
A. Shipper shall not tender, and carrier may refuse, a
container loaded by a shipper or its agent with a total
gross weight in excess of the maximum gross weight
capacity stated on the container.
Any expense involved with carrier's refusal or handling
of such containers, including but not limited to
demurrage, detention, storage, handling, inland
transportation, loading, unloading of containers and
additional equipment costs, will be for the joint and
several account of the shipper, consignee, and cargo
owner. Any such expenses shall be paid to the carrier
before return of the container to the shipper or release
of the container to the consignee.
B. It is the responsibility of the shipper to insure that
any container tendered by it to the carrier for
transportation under the scope of this tariff complies
with all laws and regulations of each country that it
will transit, including local, state and federal laws and
regulations in the United States, with regards to road
weight limitations, including any law or regulation that
provides for a lower weight limitation than set forth in
this tariff.
C. If for any reason a container exceeding the maximum
weights set forth above has been loaded aboard carrier's
vessel, such container shall be discharged to the
consignee at the discharge port and carrier shall not
transport or arrange to transport such container to any
inland destination. Alternatively, the carrier at the
expense and responsibility of the shipper, consignee and
cargo owner, may take the following steps:
1. Cargo will be removed from the container in order to
reduce the weight to an allowable amount and make the
container ready for lawful road transportation to the
extent necessary, cargo shall be unloaded, segregated,
reloaded, etc.
2. The cargo so removed will be forwarded to consignee as
a separate freight collect shipment from the point of
removal to point of final destination.
3. The rates to be applied for the transportation of any
such cargo will be those of the inland carrier that is
engaged to transport the cargo.
Under either alternative, excess cargo shall be assessed
a charge of U.S. $150.00 in addition to all other
freight, costs and expenses set forth herein.
D. 1. In the case of containers supplied, stowed or packed
by shipper, consignee or cargo owner or supplied stowed
or packed on its behalf, shipper, consignee and cargo
owner shall be jointly, severally and absolutely liable
to carrier, its agent or any participating motor
carrier, without regard to intent, negligence or any
other factor for:
a.Personal injuries or death or damage to or loss of
cargo or other property resulting from failure of
shipper, consignee or cargo owner to comply with any
applicable laws, regulations or ordinances, including
without limitation over-the-road weight limitations
under state and federal law and cargo weight and
cargo description certification requirements under
the Intermodal Safe Container Transportation Act of
1992, as amended, failure to comply with equipment
specification and standards in this tariff, a defect
in any container or other equipment, failure by
shipper, consignee or cargo owner or its agent to
load and brace the cargo properly, if such defect or
failure is a proximate cause of injury, death, damage
or loss.
b.Any fine, penalty, cost (including attorney's fee),
bond, interest or other sanction imposed upon
carrier, its agents or participating motor carrier
for violation of any applicable laws, regulations and
ordinances, including without limitation over-the-
road weight limitation under state and federal law
and cargo weight and cargo description certification
requirements under the Intermodal Safe Container
Transportation Act of 1992, as amended, in relation
with any transportation service provided under this
tariff resulting from failure of shipper, consignee
or cargo owner to comply with such laws, regulations
and ordinances, carrier it agents or participating
motor carriers shall have no duty to resist dispute
or otherwise oppose the levy of such fine, penalty,
cost (including attorney's fees), bond, interest or
other sanction and shall not have any liability to
shipper, consignee or cargo owner for failure to do
so.
c.Liability for violation of the Intermodal Safe
Container Transportation Act of 1992, as amended.
The losses, damages, fines, penalties, costs
(including attorney's fees), bonds, interest and any
other sanctions referred to in subparagraphs 1. and
2. above include, but are not limited to, any
sanctions or monetary claims of any kind imposed or
asserted by the United States, a state of the United
States or any other entity or person, whether public
or private, pursuant to the authority of the
Intermodal Safe Container Transportation Act of 1992,
as amended, or pursuant to any state law implementing
or addressing the same subject matter as this Act.
This Act requires that any person tendering for
intermodal transportation a loaded container or
trailer with a gross cargo weight over 29,000 lbs.
must provide to the initial carrier at or before the
time the container or trailer is tendered for
transportation a certification including: (1) the
gross weight of the cargo including packaging,
pallets and dunnage, (2) a reasonable description of
the contents of the container or trailer, (3) the
identity of the certifying party, (4) the container
or trailer number and (5) the date of the
certification.
d.Any charges incurrd in re-handling cargo to correct
any defect or failure described in subpaagraphs 1.
and 2. above shall be for the joint and several
account of the shipper, consignee and cargo owner.
2. Shipper, consignee and cargo owner each agree, where
its act or omission or that of its agent is a
proximate cause of any loss damage, penalty, fine,
cost, bond, interest or other sanction described in
subparagraph 1. above to indemnify and hold harmless
carrier from any such loss, damage, penalty, fine,
cost, bond, interest or other sanction and from the
cost of defending claims, suits or assessments against
carrier, its agents or participating motor carriers,
including without limitation reasonable attorney's
fees.
E. The carrier may refuse to release a container or trailer
to a consignee until all fines, penalties, costs, bond,
interest an other sanctions have been satisfied or the
carrier has been reimbursed for payment of same.
F. The weight limits set forth in this rule shall supercede
any different rating method shown in this tariff.
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