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1.1
INTRODUCTION |
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Pacer Global
Logistics (“PGL” or “we”
or “us”) arranges for intermodal transportation
of freight by motor carriers and rail transportation
providers as an intermodal marketing company and
an interstate motor property broker registered
with the Federal Motor Carrier Safety Administration.
We are not a motor or rail carrier and are not
a freight forwarder. Any law relating to common
carriers, contract carriers or freight forwarders
does not apply to the services that PGL offers.
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1.2 APPLICATION
OF THESE TERMS AND CONDITIONS |
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These Terms
and Conditions for Intermodal Transportation Service
(which are referred to as these "Terms and
Conditions") are intended to establish, explain
and supplement the terms and conditions under
which we will arrange for intermodal transportation
services. Unless otherwise agreed to in a written
agreement signed by our authorized representative,
these Terms and Conditions apply to all shipments
tendered for intermodal transportation by us.
Any terms and conditions in any transportation
agreement signed by authorized representatives
of PGL and the customer(s) covered by such agreement
will prevail over any inconsistent provisions
of these Terms and Conditions.
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1.3
TERMS USED IN THESE TERMS AND CONDITIONS |
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In
these Terms and Conditions, "customer"
refers to the person or entity contracting to engage
our services with respect to a shipment; and "you"
and "your" refers to our customer as well
as any other person or entity having an interest
in the freight, including the consignee, consignor,
supplier, a third party logistics provider and the
beneficial owner of the freight. The term "transportation
provider" refers to any entity that PGL engages
to provide or arrange for transportation, including
rail carriers, motor carriers, drayage providers,
rail transportation providers (such as CSX Intermodal
and Pacer Stacktrain), intermodal equipment providers,
freight brokers and other transportation intermediaries.
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1.4 RIGHT TO
CHANGE THESE TERMS AND CONDITIONS |
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While
we will endeavor to provide advance notice of changes,
we reserve the right to change these Terms and Conditions
from time to time without notice. The terms, conditions,
limitations, charges and services of these Terms
and Conditions in effect on the date that the shipment
is tendered for transportation will apply. Our customers
and other users of our transportation services should
obtain the version of these Terms and Conditions
in effect on the date of shipment tender. It can
be accessed on the It can be accessed on the Services
and Solutions page of the Pacer Global Logistics
website.
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1.5 APPLICATION
OF INTERMODAL CIRCULARS OF RAIL TRANSPORTATION PROVIDERS |
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We
arrange for rail transportation through contracts
with North American rail transportation providers.
These contracts are supplemented by the rail transportation
provider’s published intermodal circulars,
tariffs, directories, agreements, rules and other
publications in effect at the time of shipment
(each an “Intermodal Circular”).
All intermodal shipments transported through PGL
are subject to the Intermodal Circular of the
rail transportation provider providing the rail
transportation. In their Intermodal Circulars,
the rail transportation providers impose certain
requirements, limitations and restrictions on
shipments transported on their rail networks,
including requirements relating to blocking and
bracing, restrictions on certain types of cargo,
limitations of liability, required data in shipping
information, charges for failures to comply with
requirements, and other matters.
You should obtain and be familiar with the Intermodal
Circulars. Failing to comply with the Intermodal
Circulars will result in penalties; additional
charges and costs; shipping delays; liability
for equipment, cargo, other property and personal
injury; indemnification obligations; and other
consequences discussed in this Terms and Conditions.
If you are not sure which Intermodal Circular
would apply, you should contact your PGL customer
solutions team.
The following is a list of the Intermodal Circulars
of significant rail transportation providers operating
in North America. Please note that the Intermodal
Circulars listed below may cross-reference other
circulars, tariffs, directories, agreements, rules,
publications and industry documents, each of which
will also be considered included in the term “Intermodal
Circular” as used in this Terms and Conditions.
This list is accurate as of the time of publication
of this Circular but is subject to change to reflect
changes in the listed publications made at the
discretion of the rail transportation provider.
Please check the latest issue of the rail transportation
provider’s Intermodal Circular for current
information.
Rail
Transportation Provider:
Burlington
Northern Santa Fe
Canadian
National
Canadian
Pacific
CSX
Intermodal
Florida
East Coast
Kansas
City Southern
Norfolk
Southern
Pacer
Stacktrain
Texas
Mexican Railway Company
Union
Pacific
As of the date of these Terms and Conditions,
the Mexican rail transportation provider FXE has
not posted an Intermodal Circular on its website.
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1.6 NOTIFICATION
OF OTHER INVOLVED PARTIES
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By
tendering freight to us, you represent and warrant
that you will notify all persons or entities involved
in the transportation, including the consignee,
beneficial cargo owner, consignor, and other third
parties, such as freight forwarders, freight brokers,
third-party logistics providers, intermodal marketing
companies and insurers, that these Terms and Conditions
(or any different terms set forth in a written
agreement signed by our authorized representative)
and the Intermodal Circulars (as defined below)
apply to intermodal transportation provided through
us. Also in tendering freight to us to arrange
for transportation, all such persons and entities
will be conclusively presumed to have agreed to
the provisions of these Terms and Conditions (except
to the extent of any different terms and conditions
that we have agreed to in writing) and the Intermodal
Circulars.
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1.7
EFFECT OF BILLS OF LADING AND OTHER DOCUMENTS
ACCOMPANYING
THE SHIPMENT
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Any
documents tendered with a shipment, such as a uniform
bill of lading, motor carrier bill of lading or
shipper bill of lading, even if signed by us, will
serve solely as a receipt indicating transfer of
the shipment (but will not constitute our or our
transportation provider’s verification of
the nature, condition, number or volume of the shipment’s
contents). Any such documents that identify PGL
as the carrier will not change our relationship
with or obligations to you or the nature of our
role in arranging for transportation services as
an intermodal marketing company or as a transportation
broker.
The terms of any such documents will be subordinate
to the provisions of this Circular and any written
agreement signed by our customer and us. Any change
or notation made on the shipping instructions, bill
of lading or other receipt or document that is in
any way inconsistent with the terms of these Terms
and Conditions and any applicable written agreement
that we have signed will be considered as a notation
made for the private benefit and information of
the consignor or consignee and will not be binding
on us.
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