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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.
Shipper, consignee and cargo owner will also be responsible
for any fines or penalties assessed by the Federal, State or
Local Department(s) of Transportation, including those charges
incurred for confinement of the driver, due to the overweight
condition of the container or equipment. Any and all 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
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.
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 to 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 incurred in re-handling cargo to correct any defect
or failure described in subparagraphs 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
to a consignee until all fines, penalties, costs, bond, interest
and 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 supersede any
different rating method shown in this tariff.
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