Effective	11SEP2020
Filed	11SEP2020
Filing Codes	I

	
   (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 Shipper s 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 un-timely, 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, plus a service fee of:
   
       VGM Service Fees:  (As Named in the Individual NRA)
   
	
4. VGM s 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) cargo, 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-containerload (FCL)
   shipments loaded at the premises of Carrier or on behalf of Carrier
   by third parties, and to produce a corresponding VGM.
	
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.
	
11.Unless otherwise specified in the Negotiated Rate Arrangement
   (NRA), the SOLAS Weight Verification Requirement Charges (SOLAS)
   named below will apply on ALL Shipments moving under the Rates and
   Charges applicable hereto, which charge shall be in addition to
   all other surcharges (See NOTES 1 & 2):
	
     VGM Coordination Fee . . . . (As Named in the Individual NRA)
     VGM Late Fee . . . . . . . . (As Named in the Individual NRA)
     VGM Amendment Fee  . . . . . (As Named in the Individual NRA)
	
     NOTE 1: LATE Fees shall be assessed when VGM Certifications
             are presented to Carrier after gate-in cut-off time
             at pier or terminal has expired;
	
	NOTE 2: AMENDMENT Fees shall be assessed when VGM Certiifications
             presented upon delivery of container to Carrier-designated
             pier or terminal prior to expiration of gate-in cut-off
             times are found to contain in correct weight and/or other
             information.
	
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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