Effective	23MAY2022
Filed	23MAY2022
Filing Codes	I

A. Shipper shall not tender, and carrier may refuse, 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.

   Any expense involved with carrier's refusal or handling of 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 to the shipper or release of the container to the
   consignee. 
	
B. It is the responsibility of the shipper to insure that any
   container tendered by it 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 carrier's vessel, such
   container shall 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 will be removed from the container in order to reduce
      the weight to an allowable amount and 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. 
	
D. 1. In the case of containers supplied, stowed or packed by
      shipper, consignee or cargo owner or supplied stowed or
      packed on its 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 to over-the-road
      weight limitations under state and 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 state and 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 1. and 2. 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 1. and 2. above 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
   to a consignee until all fines, penalties, costs, bond, interest
   and 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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