RULE: 10.4 - SOLAS WEIGHT VERIFICATION REQUIREMENTS (SOLAS) Eff:
(PROVISIONS AND CHARGES NAMED IN THIS RULE APPLY ONLY
WHEN SPECIFIC REFERENCE IS MADE HERE BY RULE NUMBER)
1. Upon tender of cargo to Carrier, Shipper shall provide 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. Alternatively, in the
event that the terminal to which Shippers cargo is tendered is
following the regulations per the U.S. Coast Guard s Marine Safety
Information Bulletin (MSIB Number: 009/16), and the corresponding
OSHA regulations, providing an equivalency to Regulation VI/2 of
SOLAS, pertaining to Verified Gross Mass (VGM), said VGM shall be
provided by the terminal, and any additional port charges, if any,
shall be allocated to the Shipper.
2. In the event that the terminal to which Shipper s cargo is being
delivered follows the IMO SOLAS Guidelines, if a Shipper does not
provide a satisfactory VGM to Carrier prior to tendering cargo to
Carrier, Carrier has the right to refuse to accept such cargo until
one is provided to Carrier. 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. Carrier shall rely on VGMs or other
weight data provided by Shipper for purposes of Carrier tendering
cargo and submitting VGM data to a terminal. Any expenses, charges,
penalties or claims which may result from the untimely, inaccurate,
or non-receipt of an acceptable VGM or relevant weight data is for
the account of the Shipper.
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 pass on to Shipper all charges and trucking, and other
expenses related to obtaining such VGM.
4. VGMs provided by the Shipper to Carrier pursuant to the IMO
SOLAS Guidelines 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 IMO
SOLAS Guidelines, 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. Carrier shall electronically transmit or otherwise
deliver said VGM to the underlying ocean carrier or terminal.
6. If Shipper is utilizing the IMO SOLAS Guidelines, 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.
7. If containers are delivered to the piers/terminals by the Carrier
without a satisfactory VGM and the loading 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.
8. 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 require such re-weighing.
9. Shippers who tender less-than-container load (LCL), whether
beneficial cargo owners, or non-vessel-operating common carriers
shall similarly provide VGMs for cargo tendered to Carrier loading
facilities, and are subject to all weight regulations herein.
Carrier reserves the option of weighing LCL cargo or full
container loads (FCL) loaded at the premises of Carrier or
on behalf of Carrier by third parties, and to produce a
corresponding VGM for charges as provided herein:
LCL Cargo: US$ 15.00 per Bill of Lading;
FCL Cargo: US$ 15.00 per Bill of Lading.
10.Shipper shall be solely responsible for all charges and fees from
ocean carriers and/or terminals resulting from any VGMs improperly
provided by Shipper and/or third parties, or for any other reason
whatsoever, including charges and fees relating to demurrage,
detention, per diem, related to ocean carriers and terminals
implementation of SOLAS and/or for weighing cargo within the
terminal for cargo which did not have an appropriate VGM.
Detailed information on this amendment and answers to some
anticipated questions have been posted by the USCG at the
following link:
Coast Guard Maritime Commons: 02MAR2016 SOLAS
amendments to container weight requirements New FAQS published
http://mariners.coastguard.dodlive.mil/2016/03/02/322016-solas-
amendments-to-container-weight-requirements-new-faqs-published/
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