RULE: 2.28 - OVERWEIGHT CONTAINERS Eff: 09FEB2015

Effective 09FEB2015
Filed 09FEB2015
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 re-handling cargo to comply with maximum
weight restrictions will be for account of cargo. 
   
The party responsible (i.e., 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