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Rule # Description Effective Expiry

15

Use of Carrier Equipment

1-May-2006

 

15.1 General

Shipper and Consignee, jointly and severally, shall indemnify and hold harmless Carrier, its affiliates, agents, subcontractors and employees, from and against any and all claims, losses, damages, liabilities and costs including attorney fees and litigation costs (collectively "claims") arising out of or related to damage to persons (including injury or death) or property resulting from constructive or actual possession, use, control, loading, or transportation of Carrier owned, operated or provided containers, chassis or other intermodal equipment ("equipment") by Shipper, Consignee, or the agents or contractors of either. Without limitation, the term claims as used in this rule shall include third party claims, claims by employees of Carrier or its agents or contractors, damage to Carrier owned or leased equipment, damage to cargo and claims of all other persons. The foregoing is without prejudice or limitation of, and is in addition to, liability of Shipper or Consignee to Carrier that may otherwise exist in law, equity, by contract or otherwise.

Empty or stuffed containers which are removed from Ocean Carrier's CY by consignor or its agent for stuffing and from Container Terminal by consignee or its agent for unstuffing at consignor's or consignee's expense and risk are subject to the following conditions:-

a) Containers must be returned by consignor or consignee to the CY or terminal from which they were removed unless carrier agrees to accept delivery elsewhere.

b) Containers may only be interchanged during the regular working day unless prior arrangements are made for interchange at other times. All containers received stuffed per this item will be transported subject to shipper's load and count.

It is the responsibility of the consignee and/or his agent to have all dunnage, debris, etc, removed from the container prior to the return of the empty equipment to the carrier or his agent. In the event that the container is not returned empty and clean as described above, carrier or his agent will arrange cleaning, and the cost of this cleaning is to be paid by the consignee.

All expenses in connection with pick-up/delivery of empty/loaded containers from/to CY and stuffing/stripping outside CFS shall be for account of the cargo.

For container Freetime and Detention charges, please refer to rule 20 and 21.

 

15.2 Chassis with Generator Set Attached Charge

This Charge must be shown on the Bill of Lading and prepaid at Origin prior to issuance of Bill of Lading.



15.3 Chassis Usage Charge at Origin

If a shipper requests a chassis along with a container, as provided for in this rule, such chassis may be provided subject to availability. Any chassis so provided will be subject to a usage charge. This charge must be prepaid prior to issuance of the Bill of Lading.

TAG to/from U.S. origin points only: 
For use of super chassis/tri-axle chassis/heavy hauler chassis either at the request of shipper or due to carrier's operational requirements and/or government regulations, cargo interest will be responsible for a charge of $150 per use of super chassis/tri-axle chassis/heavy hauler chassis, not subject to CAF, to be prepaid prior to the release of cargo.



15.4 Chassis Usage Charge at Destination

Carrier is under no obligation to provide a chassis. If a customer uses its own chassis or if carrier otherwise is unable to provide a chassis, the chassis usage charge will not apply. In the event carrier agrees to provide a chassis and is unable to do so, carrier shall refund to the cargo interest any charge already paid with respect to that chassis and the carrier shall have no other liability with respect thereto.

The chassis usage charge shall be shown on the bill of lading or freight invoice and shall be paid by the cargo interest. The shipper and the consignee shall be jointly and severally liable for the payment of all chassis usage charges assessed pursuant to this rule.
 
TAG to/from U.S. origin points only: 
For use of super chassis/tri-axle chassis/heavy hauler chassis either at the request of shipper or due to carrier's operational requirements and/or government regulations, cargo interest will be responsible for a charge of $150 per use of super chassis/tri-axle chassis/heavy hauler chassis, not subject to CAF, to be prepaid prior to the release of cargo.

     
     
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