Common use of Conditions of the Railroad Equipment Clause in Contracts

Conditions of the Railroad Equipment. The Railroad Equipment will be provided by KCSM, unless the Service Request establishes it will be provided by the User. The Railroad Equipment must comply with the physical and mechanical conditions established by the Mexican legislation. When KCSM fails to use for the rendering of the Service its own Railroad Equipment, including foreign Railroad Equipment, the User will pay KCSM the Car Hire charges indicated to that effect in the Service Request. Similarly KCSM will not be bound to condition the Railroad Equipment to provide the mechanical protection service against heat or cold weather or any other type of protection unless provided otherwise in the Xxxx of Lading, and therefore unless otherwise agreed upon, KCSM will not undertake any liability whatsoever for loss or damage suffered by the Freight derived from the lack of such protection services. Likewise, KCSM will not be bound to use special Railroad Equipment, unless requested by the User and the User pays the relevant cost of the use of such special Railroad Equipment. Prior to the rendering of the Services, the User must inspect the characteristics of the Railroad Equipment assigned for the rendering of the Service. In the event that pursuant to the industry standards such Railroad Equipment fails to perform the characteristics required for the transportation of the Freight, the User may reject the Railroad Equipment assigned without any cost. In case KCSM does not receive a written notification of the rejection in a period of 24 (twenty four) hours as of the time of receiving the Railroad Equipment of KCSM, the Railroad Equipment will be considered accepted by the User and adequate for the Freight. Likewise, the User will be responsible for handling and caring of the Railroad Equipment when it is within its facilities, in the understanding that the User must return KCSM such Railroad Equipment clean, and in the same physical and mechanical conditions in which it was received.

Conditions of the Railroad Equipment. The Railroad Equipment will be provided by KCSM, unless the Service Request establishes it will be provided by the User. The Railroad Equipment must comply with the physical and mechanical conditions established by the Mexican legislation. When KCSM fails to use for the rendering of the Service its own Railroad Equipment, including foreign Railroad Equipment, the User will pay KCSM the Car Hire charges indicated to that effect in the Service Request. Similarly KCSM will not be bound to condition the Railroad Equipment to provide the mechanical protection service against heat or cold weather or any other type of protection unless provided otherwise in the Xxxx Bill of Lading, and therefore unless otherwise agreed upon, KCSM will not undertake any liability whatsoever for loss or damage suffered by the Freight derived from the lack of such protection services. Likewise, KCSM will not be bound to use special Railroad Equipment, unless requested by the User and the User pays the relevant cost of the use of such special Railroad Equipment. Prior to the rendering of the Services, the User must inspect the characteristics of the Railroad Equipment assigned for the rendering of the Service. In the event that pursuant to the industry standards such Railroad Equipment fails to perform the characteristics required for the transportation of the Freight, the User may reject the Railroad Equipment assigned without any cost. In case KCSM does not receive a written notification of the rejection in a period of 24 (twenty four) hours as of the time of receiving the Railroad Equipment of KCSM, the Railroad Equipment will be considered accepted by the User and adequate for the Freight. Likewise, the User will be responsible for handling and caring of the Railroad Equipment when it is within its facilities, in the understanding that the User must return KCSM such Railroad Equipment clean, and in the same physical and mechanical conditions in which it was received.