You must provide accurate, proper and complete shipping instructions in a form acceptable to us and accurately identify the commodities being shipped. To prevent errors and delays, these instructions must be provided in writing, such as through an EDI, facsimile or e-mail transmission, to the PGL office arranging for the transportation. Your customer solutions team can provide you with information regarding our shipping instruction requirements. PGL and the underlying transportation providers will rely on the information that you provide and its accuracy and completeness. All shipping instructions should include the following information:

1. Name of the Customer (i.e., the entity to be invoiced);


2. Telephone number of Customer’s office providing the shipping instructions;


3. Commodity description (and STCC code if available); Please see Section 5.3.1 for more information on the specificity required in commodity descriptions;


4. Identification number (e.g., APLU 480001);


5. Lading weight (weights should be exact, not estimates);


6. Name, address and contact numbers (telephone and facsimile) of the origin location;


7. Name, address and contact numbers (telephone and facsimile) of the destination location;


8. Immediate Transportation ("IT") Number or Transportation or Exportation Number (if in bond);


9. Any special routing or handling instructions if such special routing and handling has been pre-approved; and


10. Seal number on the intermodal equipment (if available).

Additional information required for shipments containing hazardous material is set forth in Section 5.5.2.

Cancellations, corrections or other changes to previously submitted shipping instructions must be submitted to PGL by facsimile or e-mail transmission to your customer solutions team. You should also call your customer solutions team by telephone to notify them of the need to change or correct the shipping instructions. Such telephone and facsimile/e-mail notice of corrections or cancellations is required regardless of the methodology (whether EDI, e-mail, facsimile or other method) used to submit the original shipping instructions.

The facsimile or e-mail notice must clearly indicate the intention to either cancel the shipment or correct the original instructions. Sending a new set of shipping instructions without notifying us that it is a correction or change to an existing order will result in a duplicate shipment because PGL will believe the revised shipping instructions to be a new order. Corrections must specify the original and corrected shipping instructions. PGL reserves the right to assess an administration and handling charge for each correction or cancellation.

You may cancel a shipment any time before the motor carrier is dispatched for pick-up. You should submit the cancellation request sufficiently in advance to allow PGL to notify the motor carrier of the cancellation before the driver is dispatched to the origin location. Your PGL customer solutions team can help you determine the amount of advance notice needed to cancel a shipment. If the cancellation request is not timely submitted, PGL will nevertheless use commercially reasonable efforts to accommodate the cancellation request.

Corrections to data included in previously submitted shipping instructions other than changes to the origin or destination information can be made at any time before the shipment is delivered to its final destination. Please see section 5.2.1 above for more information about correcting shipping instructions.

A request to change the origin must be received sufficiently in advance to allow PGL to inform the motor carrier before dispatch to the original origin. Your PGL customer solutions team can help you determine the amount of advance notice needed to correct the origin of a shipment. After the carrier has been arrived at the origin point, additional charges will apply to travel to a different origin point.

After an intermodal shipment has been loaded on the train, changes to the ramp destination will not be possible. If the change in destination is not made before the intermodal shipment has been loaded on a train, the shipment will move on the route required by the shipping instructions originally submitted by you, and you must submit shipping instructions for movement from the ramp destination originally specified to the desired destination. Our customer support team can provide assistance in arranging transportation from the original destination to the corrected destination.

A request to change the final destination for intermodal shipments must be received sufficiently in advance to allow PGL to inform the dray carrier before dispatch to the destination ramp. A request to change the destination for a highway shipment must be received sufficiently in advance to allow PGL to inform the motor carrier before arrival at the destination. Your PGL customer solutions team can help you determine the amount of advance notice needed to correct the final destination of a shipment. If the shipment has already been delivered to the original destination, you will be responsible for the transportation charges to the original destination as well as transportation charges from the original destination to the changed final destination. If the destination is changed while the carrier is in transit, out of route mileage and other charges will apply.

You must provide more detailed and accurate descriptions of commodities due to the heightened focus on transportation security. Descriptions such as “FAK (Freight All Kinds),” “SLAC (Shippers Load and Count),” chemicals, household goods, sporting goods and consolidated cargo are no longer acceptable. Those descriptions are too vague and do not specifically describe a commodity. You should avoid use of vague catch-all phrases and industry jargon. An example of an improved description may be “golf clubs” and “golf balls” instead of “sporting goods”; or “television sets” instead of “electronics.” Failing to provide accurate and detailed descriptions may result in delays at the origin pick-up or rail point, additional accessorial and related costs and other adverse consequences.

In any case where we or the underlying transportation provider reasonably determine you have misdeclared or misdescribed freight, neither we nor the underlying transportation providers will have any liability for any loss or damage to that freight that in any way results, directly or indirectly, from such misdeclaration or misdescription or that could have been avoided had such freight been accurately and completely declared or described in accordance with these Terms and Conditions.  Such shipments will also be subject to the provisions of Section 2.4 and other provisions of these Terms and Conditions.

Special rules and requirements apply to shipments that must cross the borders between the United States and Canada or Mexico. Additional time should be allowed for PGL and its transportation providers to process shipping information on cross-border shipments. The rail transportation providers assess additional charges for shipments that do not comply with Customs requirements or that must be set-off from the train in transit due to inspection, paperwork or other Customs-related issues. It is your responsibility to become aware of and comply with applicable customs and import, export and transportation laws, rules, practices and regulations of the governmental authorities of the countries involved in a shipment; to complete all required documentation; and to apply and pay for all licenses, permits or authorities required by governmental authorities to conduct the business and transportation contemplated by you.

By tendering freight to PGL, customers will be conclusively presumed to agree to cooperate and to require the beneficial cargo owners, consignors and consignees to cooperate reasonably with each other, PGL and the underlying transportation providers in defending against claims or proceedings by governmental authorities alleging violations of customs, import, export, border crossing, transportation or related laws or regulations or breach of customs bond conditions. Such cooperation will include investigating the allegations; searching for and providing relevant shipping, customs and other documents; obtaining signatures for applicable customs and other documents; providing sworn affidavits relating to the movement of cargo and equipment and similar matters; and, if required, providing witnesses to testify at legal proceedings.

For intermodal shipments, PGL and the underlying rail transportation provider will hold shipments at the origin ramp or at intermediate ramps or may prevent the shipment from entering the terminal gate if customs information and other documentation are not provided at the time that the container or trailer arrives at the origin terminal. The customer will be responsible for all origin storage charges, equipment per diem use charges and other costs until complete and accurate documentation is received. You must meet any established deadlines for such documentation in order to meet the train cut-off time and be transported in accordance with the anticipated schedule. Your PGL customer solutions team is available to provide information about documentation requirements, the responsibilities of the various entities involved in the transportation and applicable deadlines for shipment documentation.

There will be delays if the Customs agency in Mexico, Canada or the United States decides to inspect a shipment. The customer is responsible for all drayage, loading and unloading charges; customs brokerage costs; filing costs; and other costs associated with the government inspections or documentation requirements with respect to cross-border shipments.

For more information, you should review the applicable Intermodal Circulars (please see Section 1.5 for website addresses for such circulars) and contact your PGL customer solutions team.

All shipments of hazardous materials and hazardous substances are subject to, and you must comply with, United States Department of Transportation (“DOT”) regulations, 49 CFR Parts 100 to 185, and the Transport Dangerous Goods Regulations/Canada and to any further restrictions found in the Bureau of Explosives’ Tariff No. BOE-6000 series, as in effect on the date of shipment. The BOE-6000 Series can be ordered through the following website:www.boepublications.com/6000U.html.

In tendering a shipment of hazardous materials to PGL, you must do all the following:

1. Provide accurate and complete shipping information for the hazardous materials as required by law, including a shipper’s certificate addressing the following:


1. Proper shipping name of the hazardous material as listed in 49 CFR §172.101 (Hazardous Materials Table), or any successor regulation, and any technical chemical name (if applicable);
2. The primary hazard class to which the commodity is assigned and any subsidiary risk
3. The UN/NA number assigned to the material;
4. The packing group code assigned (if applicable);
5. Reportable Quantity (if applicable);
6. Emergency response telephone number as required by 49 CFR 172.602. This number must be manned 24 hours a day by a person who is knowledgeable about the materials being shipped and has comprehensive emergency response information or can immediately access a person who has this information. The emergency response information that must be available through such telephone number must include:
1. proper shipping name of the material;
2. immediate hazards to health;
3. risk of fire or explosion;
4. inmediate precautions to take in case of an accident;
5. methods of handling fires;
6. methods for handling spills or leaks; and
7. preliminary first-ais information.
7. Emergency response information such as a materials data info sheet or emergency response guidebook; and
8. Whether the commodity is a marine pollutant (if applicable).
2. Certify that the materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation in accordance with DOT regulations.
3. Affix to the trailer or container the proper placards identifying the type of hazardous material in the trailer or container.

Please note that a notation on a bill of lading is not sufficient to comply with the foregoing requirements.

PGL is not responsible for reviewing any shipping instructions provided by you, for classifying commodities to a hazardous materials class or for verifying whether the commodity is subject to any hazardous materials regulation or is properly classified.  Information regarding hazardous materials can be obtained through the website of the Department of Transportation.  If you have questions regarding PGL’s processes for hazardous materials shipments, you may contact your customer solutions team.

PGL.assesses a surcharge on shipments of hazardous materials. The surcharge as of the date of these Terms and Conditions is $280 per intermodal shipment containing hazardous materials and $300 per highway shipment containing hazardous materials. This surcharge is applied to each shipment governed by the Department of Transportation’s hazardous materials regulations, 49 CFR Parts 100 to 185. All intermodal equipment types and sizes are subject to the surcharge. The per shipment hazardous materials surcharge will be assessed in addition to all applicable freight charges and will appear as a separate line item in invoices sent to customers.

The rail transportation providers have specific rules regarding the type of freight that they will carry as well as the additional documentation necessary for shipping of these restricted or prohibited commodities. These rules are specified in detail in the Intermodal Circulars.

Any commodity that is prohibited by the rail carriers for transportation is also prohibited for intermodal or highway transportation arranged by PGL. Prohibited commodities include hazardous wastes, garbage, explosives, metal coils, scrap metal or parts and sodium compounds or other commodities that would reasonably be expected to contaminate or otherwise render the trailer or container unsuitable for future shipments.

Any commodity that is classified as “restricted” by the rail carriers is also considered “restricted” for intermodal or highway transportation arranged by PGL and subject to special procedures in order to be eligible for transportation. Restricted commodities include bulk commodities, rolled paper, household goods, metal banding, dense metal items, rubber shavings, tire fabric, over-dimension loads, currency, postage stamps and mail. Other commodities such as freight that could be considered to pose a safety or health issue, is easily perishable, is considered to be of extraordinary value, or needs temperature protective services may also be subject to limitations or special requirements. Before tendering any such freight for transportation, you must make prior arrangements with us. If you are unsure as to whether or not your commodity has special requirements for shipment, please contact either your sales or pricing representative or the Director of Freight Claims. We will be glad to coordinate your special needs with the underlying transportation providers.

Failure to disclose to PGL the presence of restricted commodities or to comply strictly with the requirements for transporting restricted commodities will relieve PGL and the transportation provider of any liability for loss or damage directly or indirectly caused to or by the restricted commodities. Likewise, PGL and the underlying transportation providers are not liable for loss or damage directly or indirectly arising out of your tendering prohibited commodities to PGL or for any loss or damage to any prohibited commodities or to any restricted commodities tendered without strict compliance with the procedures set forth in these Terms and Conditions. The customer will be responsible for and will defend, indemnify and hold harmless PGL and the underlying transportation providers for any liabilities, costs and expenses arising out of your (a) tendering of any prohibited commodity for transportation, (b) failure to properly declare any restricted commodity or (c) failure to comply strictly with the requirements for transporting restricted commodities. In addition to the special rate applicable to any restricted commodity and all other charges that apply to that shipment and costs to repair, restore and decontaminate any container or chassis used to transport any restricted or prohibited commodity, the customer will be responsible for any penalties or charges assessed by the underlying transportation provider. For instance, CSX Intermodal assesses a charge of $6,000 for any shipment shipped in violation of its rules regarding restricted and prohibited commodities.

Upon a customer’s prior written request, PGL will arrange for transportation of shipments requiring protection from heat or cold at a special rate for such transportation services. Such services are subject to the limitations of liability and other terms established by the underlying transportation provider. PGL will not be liable for the performance, condition, inspection, refueling or return of the temperature-controlled equipment or for commodities shipped using temperature-controlled equipment or devices (such as thermal blankets or cargo quilts) in any event, whether or not the shipping instructions or bill of lading note that the shipment requires protection from heat or cold.

Unless arrangements are made for the transportation provider to provide loading, blocking and bracing services at the time of the customer’s request for pricing or before the freight is tendered for shipment, the customer will be responsible for causing all freight to be loaded, blocked and braced in accordance with industry standards for the intended mode of transportation.

For intermodal transportation, all shipments must be loaded, blocked and braced in accordance with Association of American Railroad standards. You are also responsible for complying with the Intermodal Safe Container Act. You should also ensure that commodities are wrapped with waterproof materials to prevent wet damage to the freight in transit.

The Intermodal Loading Guide for Products in Closed Trailers or Containers and various other publications of the AAR provide guidance on appropriate loading, blocking and bracing techniques. For a complete listing of Damage Prevention and Loading Services publications, contact Railinc at 919-651-5000 or www.railinc.com or contact the AAR:

The transportation providers have the right to reject any shipment that does not comply with these requirements. Acceptance of a sealed container for transportation does not constitute a waiver of your liability or of PGL’s or the transportation provider’s right to seek indemnity from you for noncompliance with your loading obligations or to exercise other rights and remedies. Nor does it cause PGL or the transportation provider to be responsible for any loss or liability related to such shipment. The presence during loading or participation by an employee or agent of any transportation provider will not in any way change or lessen your responsibility to properly and adequately package, load, unload, secure, block and brace the freight within the container or trailer.

The weight of the freight should be evenly distributed in the container or trailer, and the freight should be restrained adequately to prevent it from exerting excessive pressures against doors, walls, or ends of the containers that might cause their failure. The loaded weight must not exceed the limit set forth in the equipment manufacturer’s plates. The weight of the lading may not exceed following specified weights for the length of container set forth in the following chart

The total weight of the trailer on stanchion must not exceed 65,000 lbs. In loading heavy or concentrated weight commodities, no more than 25,000 pounds may be distributed over any 10 linear feet within the container. On freight with small supporting bases, no more than 3,500 pounds may be concentrated on a floor area of less than 25 square inches (minimum dimension 3.1 inches by 8 inches), with such areas no closer than 35 inches to one another.

You are responsible for complying with the Intermodal Safe Container Act and all applicable state and local requirements regarding shipment weights, including foregoing and applicable weight limitations per axle.

Keep in mind that for intermodal shipments, the placement of the axles on the chassis used for the delivery of the container from the destination rail terminal to the final destination may differ from the axle placement on the chassis used for pick-up from the consignor to the origin rail terminal. Such differences must be taken into consideration when loading the container.

Loads that shift in transit because they were not properly prepared for shipment will be reloaded, resecured or adjusted in the equipment or transloaded into other equipment, at our customer’s expense. We will work with the underlying transportation provider and our customer in an effort to minimize the expense and delay due to such adjustment or transloading of the freight, and upon your request, will facilitate communications with the underlying transportation providers to provide the customer (and its consignor) with information and guidance so that it will be able to properly prepare future shipments. If a load shift occurs during transportation and it is determined that improper or insufficient loading, blocking and bracing proximately caused the load shift, we and the underlying transportation providers may hold our customer liable for all expenses and charges arising from the load shift, including the repair of damaged equipment, loss or damage to freight, fines, penalties and adjustment and transload services.

All loads are considered shipper load and count and consignee unload unless arrangements are made at the time of the request for pricing or before the freight is tendered for shipment. The consignor is responsible for supplying and applying seals, and the consignee should break all seals. A consignee’s failure to use a specialized stamp or form as a delivery receipt for a shipment will not invalidate any other form of delivery receipt obtained by the underlying transportation provider. Furthermore, a consignor’s or consignee’s failure to record the seal number of a shipment will not render us or the underlying transportation provider liable for shortage in that shipment.

Ordinarily, the underlying transportation providers will not accept liability for shortages unless there is physical evidence of unauthorized entry into the freight vehicle while it was in the possession of the underlying transportation provider. The underlying transportation providers will require that shortage claims be supported by seal records and actual loading and unloading records. Even in connection with shipments for which the driver performed the freight count, if the seal was intact upon delivery, any shortage claim is likely to be declined unless there is physical evidence of unauthorized entry into the freight vehicle while it was in the possession of the underlying transportation provider.

By tendering the shipment to PGL for transportation, you agree that the transportation provider may break the seal on a trailer or container if it determines that it is reasonably necessary to do so to inspect, reposition, or protect the cargo or the transportation equipment or to comply with federal, state, municipal, or provincial laws, rules, and regulations.

The consignee may not refuse delivery of a shipment solely because the seal on the container or trailer is broken. Any refusal to accept delivery will be subject to the provisions of Section 7.5.2.

All empty equipment provided for loading should be inspected prior to loading to ensure that it is in suitable condition to protect and preserve the freight during transit. This inspection, at a minimum, should include closing the doors and inspecting for any light that would indicate that the unit structure is compromised. You should promptly notify us of any rejected equipment. If an investigation reveals that defects in equipment could reasonably have been discovered prior to loading, any claim for loss or damage will be declined.