Effective	01JUL2017
Filed	01JUL2017
Filing Codes	IC

Shipper shall not tender, and Carrier may refuse to accept, 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.
    
A. Any expense involved because of Carrier's refusal to handle 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 from the Shipper or release of the Container to the
   Consignee.
    
B. It is the responsibility of the Shipper to insure that any
   Container tendered 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 an underlying Carrier's vessel,
   such Container may 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 may be removed from the Container in order to reduce the
    weight to an allowable amount that will 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 above, excess cargo shall be assessed a
   charge of USD150.00 which charge shall be in addition to all other
   applicable freight, costs and expenses set forth in this Tariff.
    
D.1. In the case of Containers supplied, stowed or packed by Shipper,
    Consignee or cargo owner or supplied stowed or packed on their
    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 any country's or U.S. state or 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 any country's or state or 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 D.1.a. and D.1.b. 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 herein 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 or any
   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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