 |
 |
| |
|
|
| |
 |
|
| |
 |
|
| |
1.1
INTRODUCTION |
|
| |
Pacer Global Logistics (“PGL” or “we” or “us”) arranges for intermodal and highway 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. “Intermodal” transportation means transportation using both rail and highway transportation through rail and motor transportation providers. “Highway” transportation means highway transportation through over-the-road, truckload motor carriers only.
|
|
| |
|
|
| |
1.2 APPLICATION
OF THESE TERMS AND CONDITIONS |
|
| |
These Terms and Conditions for Intermodal and Highway 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 or highway 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 or highway 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.
|
|
| |
|
|
| |
1.3
TERMS USED IN THESE TERMS AND CONDITIONS |
|
| |
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. |
|
| |
|
|
| |
1.4 RIGHT TO
CHANGE THESE TERMS AND CONDITIONS |
|
| |
While we will endeavor to provide advance notice of changes, we reserve the right to change theseTerms 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 Pacer Global Logistics website at www.pacerglobal.com.
|
|
| |
|
|
| |
1.5 APPLICATION
OF INTERMODAL CIRCULARS OF RAIL TRANSPORTATION PROVIDERS
|
|
| |
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 these 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 these Terms and Conditions. This list is accurate as of the time of publication of these Terms and Conditions 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
As of the date of these Terms and onditions, the Mexican Rail Carrier FXE has not posted an Intermodal Circular on its website.
|
|
| |
1.6 NOTIFICATION
OF OTHER INVOLVED PARTIES
|
|
| |
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.
|
|
| |
|
|
| |
1.7
EFFECT OF BILLS OF LADING AND OTHER DOCUMENTS
ACCOMPANYING THE SHIPMENT
|
|
| |
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 and as a transportation broker.
The terms of any such documents will be subordinate to the provisions of these Terms and Conditions 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 provisions 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.
|
|
| |
|
|
|
|
|
|
|
|
