HelpRule Detail
Access Date: 23Feb2021 Tariff: 980000-006
Print- Rule Number:
- 523
- Rule Title:
- LIABILITY FOR CARRIER'S EQUIPMENT IN POSSESSION OF SHIPPER
- Effective:
- 01Jun2015
- Thru:
- Expires:
- Publish:
- 18May2015
- Amend Type
- I
A. When Shippers or Consignees remove Carrier's equipment
(Containers, Chassis, Motor Generator Sets, or any
combination thereof) from a CY under Rule 849 for
loading or unloading, the Shipper in the case
of shipments scheduled for loading to a vessel, or the
Consignee in the case of shipments discharged from a
vessel, shall indemnify and hold harmless Carrier
against the following:
i. All loss or damage to such equipment and all
liability for loss or damage to cargo arising out
of the Shipper or Consignee's use of the equipment,
and...
ii. All loss, damage, claims, liability and expenses,
including attorney's fees, for injury or death to
any persons or damage to the property of any
persons arising out of the Shipper or Consignee's
custody or use of the equipment.
B. The obligations of the Shipper or Consignee under
clauses (A)(i) and (ii) above shall also extend to
injury or death to person and loss or damage to
property arising out of the custody or use of the
equipment by a third party, including a drayage agent
or independent contractor of Shipper or Consignee,
other than one which is a party to a current and
effective written interchange agreement with Carrier.
C. Shippers and Consignees removing equipment from a CY
under Rule 849 shall procure and maintain during the
period of such removal comprehensive liability
insurance with limits of not less than $250,000 per
person and $500,000 per accident or occurance for
bodily injuries or death, and comprehensive property
damage liability insurance with limits of not less
than $250,000 or in the alternative, a single limit
for all such liability of not less than $1,000,000 per
accident or occurance.
D. Drayage and other expense in connection with picking
up, loading, unloading and returning equipment to a CY
under Rule 849 are not limited in the freight or other
charges of the Carrier, and Carrier shall have no
responsibility for such expenses. When temperature
controlled equipment possessing a motor generator set
is provided by Carrier the generator's fuel tank will
be filled to capacity by Carrier prior to delivery.
The expense of any additional fuel that may be required
while such equipment remains out of custody of Carrier
will not be paid by Carrier.
(Containers, Chassis, Motor Generator Sets, or any
combination thereof) from a CY under Rule 849 for
loading or unloading, the Shipper in the case
of shipments scheduled for loading to a vessel, or the
Consignee in the case of shipments discharged from a
vessel, shall indemnify and hold harmless Carrier
against the following:
i. All loss or damage to such equipment and all
liability for loss or damage to cargo arising out
of the Shipper or Consignee's use of the equipment,
and...
ii. All loss, damage, claims, liability and expenses,
including attorney's fees, for injury or death to
any persons or damage to the property of any
persons arising out of the Shipper or Consignee's
custody or use of the equipment.
B. The obligations of the Shipper or Consignee under
clauses (A)(i) and (ii) above shall also extend to
injury or death to person and loss or damage to
property arising out of the custody or use of the
equipment by a third party, including a drayage agent
or independent contractor of Shipper or Consignee,
other than one which is a party to a current and
effective written interchange agreement with Carrier.
C. Shippers and Consignees removing equipment from a CY
under Rule 849 shall procure and maintain during the
period of such removal comprehensive liability
insurance with limits of not less than $250,000 per
person and $500,000 per accident or occurance for
bodily injuries or death, and comprehensive property
damage liability insurance with limits of not less
than $250,000 or in the alternative, a single limit
for all such liability of not less than $1,000,000 per
accident or occurance.
D. Drayage and other expense in connection with picking
up, loading, unloading and returning equipment to a CY
under Rule 849 are not limited in the freight or other
charges of the Carrier, and Carrier shall have no
responsibility for such expenses. When temperature
controlled equipment possessing a motor generator set
is provided by Carrier the generator's fuel tank will
be filled to capacity by Carrier prior to delivery.
The expense of any additional fuel that may be required
while such equipment remains out of custody of Carrier
will not be paid by Carrier.