FMC NVOCC Tariff 001 - Rule 2-180: BULK AGRICULTURE PRODUCTS

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Rule 2-180: BULK AGRICULTURE PRODUCTS

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

  1. The following conditions apply to international intermodal shipments of Bulk Agriculture Products shipped in containers on or via underlying ocean carriers and the Burlington Northern and Santa Fe Railway Company ( BNSF ) and the Union Pacific Railroad Co. ( UP ), as underlying carriers. No transportation of Bulk Agriculture Products by Carrier in containers will be arranged with underlying ocean carriers or transported by BNSF/UP unless Shipper adheres to all conditions of this rule. Carrier must accept the terms and conditions of the BNSF Intermodal Rules and Policies Guide in effect at the time a shipment of Bulk Agriculture Products, and therefore, Shippers must also accept those terms as a precondition to booking cargo with Carrier when Carrier intends usage of the underlying ocean and rail service from underlying ocean carriers and BNSF/UP, respectively. Shipper acknowledges that it has reviewed the BNSF Intermodal Rules and Policies Guide, available for viewing and printing at: https://www.bnsf.com/ship-with-bnsf/intermodal/pdf/intermodal-r-and-pg.pdf
  2. Loading of Bulk Agriculture Products is acceptable only when loaded in underlying ocean carrier s ISO container equipment conforming to or exceeding AAR M-930 specification. Containers must be suitable to carry concentrated weight, have no visible defects, and be capable of restraining outward pressure on the container that could lead to equipment failure during dynamic handling in the rail environment.
  3. Bulk Agriculture Products must be designated by commodity description, Bulk Agriculture, and proper Standard Transportation Commodity Code ( STCC ) on the bill of lading. Shipper must not use a FAK STCC commodity or commodity description.
  4. Shipper agrees to load the shipment in compliance with BNSF container loading specifications that include even floor weight distribution and adequate blocking and bracing. Shipper agrees to weigh and certify each load before tendering to Carrier. Gross weight cannot exceed federal highway regulations nor may cargo weight exceed manufacturers specification for the equipment. It is shippers responsibility to determine any weight limitations imposed by underlying ocean carriers and to adhere to these.
  5. Shipper also agrees to provide a securely affixed bulkhead at the rear of the container to ensure undue pressures are not exerted against the rear doors, which could lead to failure of the doors or discharge of product when opened. Bulkhead material and construction are subject to BNSF Load and Ride Solutions approval. Shipper also agrees to perform a post loading container/chassis inspection, which includes a thorough inspection of the undercarriage, flooring and all supporting components and to correct defects or reject equipment which would cause leakage or loss of product from the equipment. Shipper must reject and not tender to Carrier for transport any defective or inadequate equipment or any equipment containing a deformation of any cross-member. Shipper also agrees to use high security barrier seals that will be affixed to the container rear doors.
  6. Carrier or the underlying ocean carrier, or BNSF/UP may remove from transportation and place in storage pending further disposition any shipment of Bulk Agriculture Products which Carrier, underlying ocean carrier or BNSF discovers does not comply with the conditions set forth herein or with the BNSF/UP Intermodal Rules and Policies Guide. A Shipper tendering a non-complying shipment will be assessed charges and liquidated damages to cover costs associated with additional handling and any disruption in service. Storage charges will be assessed in addition to the above surcharges.
  7. Acceptance for transportation by Carrier, underlying ocean carrier or BNSF/UP of a container of Bulk Agriculture Products which is not in compliance with this rule or the BNSF Intermodal Rules and Policies Guide will not serve to release the Shipper from its obligations.
  8. Carrier highly recommends the use of fully encapsulated bags to protect the product and equipment during transport; however this is left to the Shipper s discretion. Shipper will also indemnify and hold Carrier harmless for product deterioration, equipment contamination, leakage, or product loss.
  9. For the purpose of determining Shipper s liability and obligation to defend and indemnify Carrier under this rules, and BNSF/UP pursuant to the Shipper General Liability item in the BNSF Intermodal Rules and Policies Guide, the Shipper agrees that its failure to comply with the conditions set forth above shall constitute a failure to comply with equipment specifications and standards, or a failure to load, brace, and distribute the weight of the lading properly, as the case may be.
  10. The party tendering Bulk Agriculture Products to Carrier to be tendered to underlying ocean carrier or BNSF/UP agrees to indemnify, defend, and hold harmless Carrier,underlying ocean carrier and BNSF/UP from any and all claims, liabilities, fines, penalties, costs, losses, liens, causesof action, suits, demands, judgments, expenses, and damages(including, without limitation, court costs and attorneys fees) resulting, in whole or in part, from: a) the improper blocking or bracing or loading of Bulk Agriculture Products; or b) the use of a container that is for any reason unsuitable for the movement of Bulk Agriculture Products. In the event that Shipper has not met the terms of this rule, Shipper agrees to release Carrier, underlying ocean carrier and BNSF/UP from any and all claims shipper could otherwise assert against underlying ocean carrier or BNSF/UP for loss or damage to Shippers shipments or their contents.
  11. To the fullest extent permitted by law, all the foregoing obligations by Shipper to defend and indemnify the underlying ocean carriers, Carrier, and BNSF/UP shall apply regardless whether the underlying ocean carriers, Carrier, and BNSF/UP (including their agents and employees) are negligent, unless the liabilities to be indemnified are wholly due to the sole negligence of the underlying ocean carriers, Carrier, and BNSF/UP . The foregoing obligations by Shipper to defend and indemnify the underlying ocean carriers, Carrier, and BNSF/UP apply to liabilities for personal injury and death claims as well as to property damage claims.