RULE: 26 - CONTAINER WEIGHT REGULATIONS (SOLAS) Eff: 24JAN2022
| Effective | 24JAN2022 |
|---|---|
| Filed | 24JAN2022 |
| Filing Codes | IC |
1. Upon tender of cargo to Carrier Shipper shall provide to Carrier a
Shipper Actual Gross Mass Weight Verification ("VGM") which meets the
requirements of the International Maritime Organization (IMO) per its
Guidelines relating to the Safety of Life at Sea Convention (SOLAS) for
the export of containerized cargo.
2. If a Shipper does not provide a satisfactory VGM to Carrier prior to
tendering the cargo to Carrier, Carrier has the right to refuse to
accept such cargo until one is provided to Carrier or if Carrier does
accept container(s) from Shipper it may lawfully opt to not deliver the
container(s) to the ocean terminals for loading on a vessel until it
does receive a satisfactory VGM.
3. At Carrier's sole option, Carrier can arrange to obtain a VGM on
Shipper's behalf provided that Carrier agrees to do so in writing and
by Shipper providing an executed written authorization for Carrier to
do so in a format acceptable to Carrier whereby Carrier agrees to act
as an agent on Shipper's behalf solely for that purpose. Accepting that
function shall not otherwise alter Carrier's relationship as an
independent contractor as Carrier. In the event that Carrier agrees to
provide this service Carrier shall charge Shipper a VGM fee as stated
in each individual NRA.
4. VGMs provided by the Shipper to Carrier shall have been obtained from
either Method 1 as described by SOLAS, which requires that the full
container load was weighed after it was packed, and/or Method 2 which
requires weighing all the cargo and contents of the container and
adding the tare weight of the container as indicated on the door of the
container.
5. Whether Method 1 or Method 2 is utilized by the Shipper, for the
shipper's weight verification to be compliant with the SOLAS
requirement, it must be "signed", meaning a specific person
representing the shipper is named and identified as having verified the
accuracy of the weight calculation on behalf of the shipper.
Identification of the person signing requires that their full name,
address, and phone number/e-mail address be provided.
6. Method 2 shall not be allowed by Carrier for scrap metal, un-bagged
grain and other cargo in bulk "that "do not easily lend themselves to
individual weighing of the items to be packed in the container"
7. Carrier will not accept estimates of weight, and the weighing equipment
used must meet national certification and calibration requirements.
Further, the party packing the container cannot use the weight somebody
else has provided, except that individual, original sealed packages
that have the accurate mass of the packages and cargo items (including
any other material such as packing material and refrigerants inside the
packages) are clearly and permanently marked on their surfaces.
8. If containers are delivered to the piers/terminals by the Carrier
without a satisfactory VGM and the load port has appropriate weighing
facilities, all charges, fees, and or penalties with respect to
weighing subject container shall be for the account of the Shipper.
9. Carrier shall not be responsible for charges, fees, penalties or other
claims for containers for which a verified weight was provided prior to
loading in a preceding load port and which may be loaded in
transshipment ports which may require another VGM whether or not the
SOLAS Guidelines do not require such re-weighing.
10. Shippers who tender less-than-container load ("LCL"), whether
beneficiary cargo owners, or nonvessel operating common carriers shall
similarly provide VGMs for cargo tendered to Carrier loading
facilities, and are subject to all weight regulations herein.
11. Shipper shall be responsible for all charges and fees from ocean
carriers and/or terminals resulting from any VGMs provided by Shipper
and/or third parties, or for any other reason whatsoever, including
demurrage, detention, per diem, related to ocean carriers' and
terminals' implementation of SOLAS.
