Article Index

RULE 2-070: OVERWEIGHT CONTAINERS AND SOLAS

Filed on: 28 September 2019
Effective 28 September 2019
Thru:
Expire:

  1. Overweight Containers
    1.  Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations in connection with any transportation services provided under this tariff and occasioned by any act of commission or omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any liability to the cargo interest should it not do so. Any charges incurred in re-handling cargo to comply with maximum weight restrictions will be for account of cargo.
    2. The party responsible (i.e., the shipper or the consignee) for the shipment exceeding any lawful weight limitation shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment exceeding any lawful weight limitation. Such indemnification shall include attorneys' fees and all costs incurred in the defense of such claim(s).
  2. SOLAS (Safety of Life at Sea Convention) Weight Verification Requirements
    1.  Upon tender of cargo to Carrier, Shipper shall provide to 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. In the alternative 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 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 the 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 $ 50.00 per container.
    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 requirement, 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. If shipper has obtained a weight verification from either Method 1 or Method 2, Shipper may utilize Carrier’s e-Docs solution on line at www.theconveyco.com and provide an electronic signature as provided on subject web site. 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”), whether beneficiary 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 container loads (“FCL”) loaded at the premises of Carrier or on behalf of Carrier by third parties, and to produce a corresponding VGM for charges as provided herein:
      1. less-than-container load (“LCL”) per $50.00 per shipment/booking number.
      2. full container loads (“FCL”) $50.00 per container.
    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.