e-Services

This rule is applicable to all intermodal cargo with U.S.A. as either origin or destination. For purposes of this tariff rule, the term "container" shall include containers and domestic trailers of all sizes and types.

Per the requirements of the Intermodal Safe Container Transportation Act of 1992, as amended, the Shipper shall provide to Carrier or inland carrier, either directly or through any prior carriers, a weight and content certification in writing (which may be transmitted by facsimile) [or via electronic data interchange transmission] whenever a loaded container is tendered to Carrier or an inland carrier acting on behalf of Carrier. The certification shall be in the English language and shall be in the following form:

QUOTE

INTERMODAL CERTIFICATION

Container identification number:

Gross cargo weight:

Reasonable cargo description:

(Name and company of the person tendering the loaded container)

(Signature of the person tendering the loaded container)

(Date)

UNQUOTE

Notes regarding certification:

a. The actual gross cargo weight shall include the unit of measurement, and shall be inclusive of pallets and other packing materials.

b. The reasonable description of the contents shall identify any perishable agricultural commodities and any cargoes that are likely to shift during transportation so as to cause uneven or concentrated weight distribution.

c. The signature of the person tendering the loaded container may be by manual or mechanical means.

d. At the option of Carrier, the certification may be converted into electronic format or incorporated onto a bill of lading or other shipping document before being forwarded along the intermodal chain. The person who converts the certification shall certify through the following statement that the conversion and/or incorporation was performed accurately: "Electronic format and/or incorporation by [name of person], [name of company], [month/day/year]."

When containers are loaded by the shipper or his authorized representative, it is the responsibility of the Shipper to insure that any container tendered by it to 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 and hazardous or dangerous nature of the cargo. The shipments must be properly, blocked and braced and the weight is properly distributed within the container. The commodity must also be properly declared. Coiled, reeled, spooled and rolled metal products must not be booked or declared as FAK or Freight All Kinds and must be loaded into containers in accordance with railroad or truck guidelines and in a manner acceptable to the carrier in its sole discretion.

Any costs or losses associated with delays or other consequences of an uncertified or improperly certified container (including but not limited to demurrage, detention, storage, handling, inland transportation or unloading of containers, or fines or penalties that may be imposed as a result of the improper certification) shall be for the joint and several account of the shipper, consignee, and cargo owner. Any such costs or losses payable to Carrier shall constitute a lien on the cargo in favor of Carrier.

If a shipment is required by above paragraphs to be accompanied by an INTERMODAL CERTIFICATION, Carrier or inland carrier acting on behalf of CARRIER shall not accept for shipment any container that is not accompanied by such certification, [unless Carrier receives adequate assurance, to its satisfaction, that the certification was inadvertently omitted and will be received prior to the time the container was carried by a motor carrier on a U.S. highway]. In any event, the Carrier shall not tender to a motor carrier in the United States any container that is not accompanied by such certification. In addition, Carrier shall not issue in its own name an INTERMODAL CERTIFICATION with respect to any such container.

Nothing in this Tariff shall require Carrier to accept, transport, or deliver cargo that cannot safely be transported, or that may result in violation of local, federal or foreign laws or regulations, or that may cause risk that cannot be avoided by exercise of reasonable endeavors. Intermodal service will not be performed at any site from or to which it is dangerous or impractical to operate vehicles. Should such cargo be tendered to Carrier, the cargo may at any time be placed at Merchant's disposal at any place or port, which Carrier may deem safe and convenient, and the responsibility of the Carrier shall cease.