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  6.1. FORCE MAJEURE  
 
PGL and the transportation providers will be excused from performing obligations to you if PGL or the transportation provider is prevented or delayed by force majeure conditions beyond our or its reasonable control, including fire or explosions; lockouts, strikes, slowdowns, labor shortages or disturbances; acts of God, including floods, hurricanes, tornadoes, earthquakes, unusually severe weather and natural disasters; war, insurrection, terrorism or riots; acts of the public enemy; acts of governmental authority; embargo; congestion or service issues affecting the transportation providers; and epidemics or quarantine restrictions.

 
     
  6.2. LIABILITY FOR FREIGHT LOSS, DAMAGE OR DELAY  
  6.2.1 PGL’s Liability  
 
We will be liable for loss or damage to freight to the extent that it is proved that our negligence or willful misconduct in arranging for transportation of the freight was the proximate cause of the freight loss or damage and then only to the extent, on a comparative basis, that the loss or damage was caused by our negligence or willful misconduct. Liability under 49 U.S.C 14706 (the Carmack Amendment) does not apply to us.

Unless we have expressly agreed otherwise in a written agreement signed by our authorized representative, we are not liable for any freight loss or damage caused by the services of the underlying transportation provider or arising out of the negligence or intentional misconduct of the underlying rail or motor transportation provider. The negligence or intentional misconduct of the transportation provider will not be imputed to us.

In no event will our total liability for freight loss or damage exceed $100,000.00 per container or trailer unless a higher limitation is agreed to in writing signed by our authorized representative before the time of shipping. Our liability will not extend beyond $100,000.00 per container or trailer unless special arrangements are made in writing before the time of shipping.

Freight claims under $500.00 will not be entertained.

Our maximum liability for freight loss or damage will not exceed the liability of the party tendering the freight for transportation. We also will be entitled to any lower limitations of liability applicable to the shipment, including limitations under an ocean bill of lading.
  
     
  6.2.2 Underlying Transportation Provider Liability
  
 
The underlying transportation providers will be liable for loss or damage to freight to the extent provided under the terms of and subject to the procedures set forth in these Terms and Conditions, the applicable Intermodal Circular or the contract between PGL and the transportation provider, or if not covered in these Terms and Conditions, the applicable Intermodal Circular or the PGL contract, under federal transportation law.

Unless we or the highway carrier have expressly agreed otherwise in a written agreement signed by an authorized representative, the liability of any highway carrier engaged by PGL for loss or damage to freight will be limited to $100,000.00 per container or trailer.
The following chart shows the limitations of liability established by the U.S. and Canadian rail transportation providers in effect as of the date of these Terms and Conditions. These limitations of liability are subject to change without notice. If you would like information regarding the Intermodal Circulars of the major rail transportation providers, you can review the Intermodal Circulars at the website addresses listed in Section 1.5.  You may also contact your customer solutions team or freight claims representative.

Rail Transportation Provider

Limitation of Liability

Freight Claim Minimum

Burlington Northern Santa Fe

$200,000 per container or trailer ($100,000 for tank containers). BNSF’s liability is limited to the released value of applicable items listed in the National Motor Freight Classification.

$500

Canadian National

$2.00 per pound, up to $100,000 per shipment

$250

Canadian Pacific

$200,000 per vehicle

$100

CSX Intermodal

$250,000 per trailer or container

$250

Florida East Coast

$250,000 per trailer/container load

None stated

Kansas City Southern

$250,000 per TOFC or COFC unit

$250

Norfolk Southern

$250,000 per shipment

$250

Pacer Stacktrain

$250,000 per trailer or container/$100,000 per trailer or container containing consumer electronics

$250

Kansas City Southern de Mexico, S.A. de C.V.

$100,000 per TOFC or COFC unit
None stated

Union Pacific

$250,000 per Intermodal Unit/$100,000 per intermodal unit containing consumer electronics

$250
 
     
  6.2.3 Defenses to Liability for Freight Loss or Damage  
 
Neither we nor the underlying transportation providers will be liable for the following: (1) damage to freight or equipment to the extent due to packaging, loading, unloading, blocking, bracing or securing of the freight; (2) inherent vice or defect in the freight transported, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, deterioration of perishable products, or damages caused by heat or cold; (3) force majeure events as described in Section 6.1; (4) an act, omission or default of any customer, shipper, consignor, consignee, beneficial owner or other third party logistics provider; (5) shipments stopped and held in transit at your request; or (6) loss or damage of freight that violates any federal, state or local law, ordinance or regulation or that has been loaded in a container or trailer so that the combined weight of the chassis, container or trailer and the freight exceed 65,000 pounds.
  
     
  6.2.4 Liability outside the USA and Canada  
 
Freight loss and damage occurring while in the possession of underlying transportation providers in Mexico are subject to Mexican law and the rules and policies of the Mexican carriers, which differ substantially from the law, rules and policies applicable in the United States. We are not liable and U.S. or Canadian underlying transportation providers generally provide that they are not liable for freight loss or damage that occurs while the freight is in the possession of an international or domestic carrier in Mexico. Furthermore, we do not assume any liability for, and our insurance coverage does not extend to cover, shipments outside the United States or Canada. While we will use commercially reasonable efforts to facilitate the filing of your freight claims with the underlying Mexican carriers, it has been our experience that freight loss or damage claims in Mexico are subject to substantial delays and irregular processing. We encourage you to work with your insurance providers to insure that you have adequate coverage for freight moving outside the United States and Canada.
  
     
  6.3 PGL’S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE  
 
PGL is not liable for any injury (including death) to persons or damage to property, including loading docks, facilities or other property, that arises out of the negligence, willful misconduct or other acts or omissions of the transportation providers or others in the course of the transportation services that we arrange at your request. PGL is only liable for personal injury or property damage to the extent that it is proved that PGL’s negligence or willful misconduct in arranging for transportation of the freight was the proximate cause of the personal injury or property damage and then only to the extent, on a comparative basis, that the injury or damage was caused by PGL’s negligence or willful misconduct.