e-Services

1. This rule is applicable to all cargo handled by the Carrier. For purposes of this tariff rule, the term "container" shall include containers of all sizes and types supplied by Carrier and the Shipper.

2. In the event that Carrier becomes aware at any point in the transport chain of a container exceeding the maximum gross weight capacity as stated on the container or the Road Weight Limit, then Carrier shall have the following rights:

a. At foreign origin point or foreign terminal, to reject acceptance of the container, and refuse to lift the container onboard the vessel until such overweight conditions are remedied;

b. While the container is onboard the vessel, to discharge such container at the port of discharge shown on the bill of lading and refuse to allow transport of such container to move beyond this port until such overweight conditions are remedied;

c. At destination port or inland terminal, to refuse to allow transport or arrange transport of such container beyond the terminal until such overweight conditions are remedied.

d. At inland point if stopped and/or detained by authorities while en-route from or to the inland point, to abide by the decision of the on- site authority and initiate actions as required to remedy the situation.

3. Alternatively, carrier at its option and at the expense and responsibility of the Shipper, Consignee, and Cargo Owner, may take the following steps:

a. 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 un-stuffed, segregated, re-stuffed, etc.

b. Cargo so removed will be forwarded to Consignee as a separate freight collect shipment from the point of removal to point of final destination;

c. 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.

4. When containers are loaded by the shipper or his authorized representative, it is the responsibility of the Shipper to insure that any container tendered it to carrier for transportation shall not exceed the maximum gross weight capacity stated on the container.

Notwithstanding the maximum weights set forth above, it is the responsibility of the Shipper to insure that any container tendered for transportation under the scope of this tariff complies with all laws and regulations of each country that it will transit (including local, State/Province/Prefecture, and Federal/Country laws and regulations) with regards to road weight limitations, including any other law or regulation that provides for a lower weight limitation than set forth above.

5. In addition to the above terms, when containers are 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 or to any other party, 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 failure to comply with equipment specifications and standards in this Tariff, a defect in any container or other equipment supplied by Shipper, Consignee, or Cargo Owner, or failure of Shipper, Consignee, 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 fees), bond, interest or other sanction imposed upon carrier, its agents or participating motor carriers for violation of any applicable laws, regulations and ordinances in connection 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, its 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.

6. 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 (including attorney's fees), bond, interest, or other sanction described in paragraph (5) above, to indemnify and hold harmless carrier from any such loss, damage, penalty, fine, cost (including attorney's fees), 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.

7. Any expense involved with carrier's refusal or handling of such containers (including but not limited to demurrage, detention, storage, handling, inland transportation, unloading, stuffing, and re-stuffing of containers and additional equipment costs) will be for the joint and several account of the Shipper, Consignee, and Cargo Owner. Excess cargo shall be assessed a re-handling charge of US$200 due to over the road weight limitation, and a re-handling charge of US$2000 due to over the container maximum payload, in addition to all other freight, charges and other costs/expenses set forth herein.

8. Carrier may refuse to release a container or trailer to a Consignee until all fines, penalties, costs (including attorney's fees), bonds, interest, and other sanctions have been satisfied or carrier has been reimbursed for payment of same.

9. The weight limits set forth in this rule shall supersede any different rating method shown in the applicable tariff.