Effective	24JAN2022
Filed	24JAN2022
Filing Codes	IC

Shipper/Consignee for CY origin shipments shall be jointly severally and
absolutely liable for any fine, penalty or other sanction imposed upon
carrier, its agent motor/rail carrier by authority for exceeding lawful
over-the-weight limitations in connection with any transportation
services provided under this tariff and occasioned by any act of
commission or omission of the shipper/consignee, its agent or
contractors, and without regard to intent, negligence or any other
factor. When carrier pays any such fine or penalty and assumes any other
cost or burden, arising from such an event, it shall be on behalf of and
for benefit of the cargo interest and carrier shall be entitled to full
reimbursement therefore upon presentation of an appropriate invoice.
Nothing in this rule shall require carrier, its agents or motor/rail
carrier to resist, dispute or otherwise oppose the levy of such a fine,
penalty or other sanction and carrier shall not have any liability to the
cargo interest should it not do so. Any charges incurred in rehandling
cargo to comply with maximum weight restrictions will be for the account
of the cargo. The party responsible (i.e., merchant, the shipper or the
consignee) for the shipment exceeding any lawful weight limitation shall
indemnify and hold the ocean carrier transporting the shipment, its
agents and the motor/rail carrier(s), harmless from any and all damages
or liability from claims by whomever brought arising in whole or in part
from the shipment exceeding any lawful weight limitation. Such
indemnification shall include attorneys' fees and all costs incurred in
the defense of such claim(s). 

Table Of Contents