Common use of CONTAINER WEIGHING Clause in Contracts

CONTAINER WEIGHING. (a) The Operator shall check the existence of a VGM in the Cargo documentation provided by the Customer and shall not load a packed Container onto a Vessel to which SOLAS applies unless it has a VGM for such Container either provided by a VGM Declarant before the VGM Cut-off or established by the Operator in accordance with clause 3.5(c) below. (b) The Operator shall treat as genuine and rely in good faith upon, without further investigation, a gross mass of a Container purporting to be a VGM received from a VGM Declarant in any communication ordinarily used for the provision of information or as otherwise agreed between the Parties. (c) If either: (i) a packed Container has been received by the Terminal but the VGM for such Container is not provided to the Operator by a VGM Declarant before the VGM Cut-off; or it is agreed in writing (including by e-mail) between the Parties that a packed Container shall be weighed by the Operator, then the Operator shall obtain the VGM for such Container using appropriately calibrated and certified equipment as required by Applicable Laws and, for the purpose of paragraph (ii), that VGM shall replace the VGM for that Container previously provided by a VGM Declarant1. (d) Any weight of a packed Container established by the Operator, other than pursuant to clause 3.5(c) above, shall not be considered as the VGM for the purpose of SOLAS and Applicable Law related thereto. (e) The Operator will promptly communicate the VGM obtained in accordance with clause 3.5(c) above to the Customer. (f) The Operator shall not load a Container onto a Vessel if the VGM provided by the Customer or established by the Operator in accordance with clause 3.5(c) above shows a VGM greater than the maximum gross mass indicated on the Safety Approval Plate under the International Convention for Safe Containers, as amended (an “Overweight Container”). (g) If agreed with the Customer and subject to clause 3.5(f), the Operator will de-stuff Overweight Containers and stuff and seal two or more Containers with the contents of such Overweight Containers and weigh each repacked sealed Container in accordance with clause 3.5(c). The [Customer/Operator] shall be responsible for removing any Overweight Containers from the Terminal without delay at the cost of the Customer. (h) The Customer shall pay all such charges arising out of or in connection with the activities performed by the Operator in this clause 3.5 and levied by the Terminal as are set out in Appendix 4 including, but not limited to, checking the existence of a VGM in the Cargo documentation provided by the Customer, establishing a VGM for a Container in accordance with clause 3.5(c) above, additional transport, shunting, handling, re-handling, de-stuffing, stuffing, storage or other charges resulting from Overweight Containers, delays or missed sailings. (i) The Operator shall not have any liability arising out of or in connection with delays or missed sailings as a result of: (i) any failure of a VGM Declarant or third party to comply with the requirements of SOLAS or the terms of this Agreement; (ii) the receipt by the Terminal of an Overweight Container; (iii) the Terminal not having received a VGM before the VGM Cut-off; or (iv) establishing a VGM for a Container in accordance with clause 3.5(c) above. (j) If as a result of a change in Good Industry Practice or the Applicable Laws (including SOLAS), the Operator’s costs in order to comply with its obligations under this clause 3.5 are increased, the Operator may recover such additional costs from the Customer.”

CONTAINER WEIGHING. (a) The Operator shall check the existence of a VGM in the Cargo documentation provided by the Customer and shall not load a packed Container onto a Vessel to which SOLAS applies unless it has a VGM for such Container either provided by a VGM Declarant before the VGM Cut-off or established by the Operator in accordance with clause 3.5(c) below. (b) The Operator shall treat as genuine and rely in good faith upon, without further investigation, a gross mass of a Container purporting to be a VGM received from a VGM Declarant in any communication ordinarily used for the provision of information or as otherwise agreed between the Parties. (c) If either: (i) a packed Container has been received by the Terminal but the VGM for such Container is not provided to the Operator by a VGM Declarant before the VGM Cut-off; or it is agreed in writing (including by e-mail) between the Parties that a packed Container shall be weighed by the Operator, then the Operator shall obtain the VGM for such Container using appropriately calibrated and certified equipment as required by Applicable Laws and, for the purpose of paragraph paragraph; (ii), ) that VGM shall replace the VGM for that Container previously provided by a VGM Declarant1. (d) Any weight of a packed Container established by the Operator, other than pursuant to clause 3.5(c) above, shall not be considered as the VGM for the purpose of SOLAS and Applicable Law related thereto. (e) The Operator will promptly communicate the VGM obtained in accordance with clause 3.5(c) above to the Customer. (f) The Operator shall not load a Container onto a Vessel if the VGM provided by the Customer or established by the Operator in accordance with clause 3.5(c) above shows a VGM greater than the maximum gross mass indicated on the Safety Approval Plate under the International Convention for Safe Containers, as amended (an “Overweight Container”). (g) If agreed with the Customer and subject to clause 3.5(f), the Operator will de-stuff Overweight Containers and stuff and seal two or more Containers with the contents of such Overweight Containers and weigh each repacked sealed Container in accordance with clause 3.5(c). The [Customer/Operator] shall be responsible for removing any Overweight Containers from the Terminal without delay at the cost of the Customer. (h) The Customer shall pay all such charges arising out of or in connection with the activities performed by the Operator in this clause 3.5 and levied by the Terminal as are set out in Appendix 4 including, but not limited to, checking the existence of a VGM in the Cargo documentation provided by the Customer, establishing a VGM for a Container in accordance with clause 3.5(c) above, additional transport, shunting, handling, re-handling, de-stuffing, stuffing, storage or other charges resulting from Overweight Containers, delays or missed sailings. (i) The Operator shall not have any liability arising out of or in connection with delays or missed sailings as a result of: (i) any failure of a VGM Declarant or third party to comply with the requirements of SOLAS or the terms of this Agreement; (ii) the receipt by the Terminal of an Overweight Container; (iii) the Terminal not having received a VGM before the VGM Cut-off; or (iv) establishing a VGM for a Container in accordance with clause 3.5(c) above. (j) If as a result of a change in Good Industry Practice or the Applicable Laws (including SOLAS), the Operator’s costs in order to comply with its obligations under this clause 3.5 are increased, the Operator may recover such additional costs from the Customer.”1. BERTHING

CONTAINER WEIGHING. 12‌ (a) The Operator shall check the existence of a VGM in the Cargo documentation provided by the Customer and shall not load a packed Container onto a Vessel to which SOLAS applies unless it has a VGM for such Container either provided by a VGM Declarant before the VGM Cut-off or established by the Operator in accordance with clause 3.5(c) below. (b) The Operator shall treat as genuine and rely in good faith upon, without further investigation, a gross mass of a Container purporting to be a VGM received from a VGM Declarant in any communication ordinarily used for the provision of information or as otherwise agreed between the Parties. (c) If either:either:‌ (i) a packed Container has been received by the Terminal but the VGM for such Container is not provided to the Operator by a VGM Declarant before the VGM Cut-off; or or (ii) it is agreed in writing (including by e-mail) between the Parties that a packed Container shall be weighed by the Operator, then the Operator shall shall, where applicable, obtain the VGM for such Container using appropriately calibrated and certified equipment as required by Applicable Laws and, for the purpose of paragraph (ii), that VGM shall replace the VGM for that Container previously provided by a VGM Declarant1Declarant. (d) Any weight of a packed Container established by the Operator, other than pursuant to clause 3.5(c) above, shall not be considered as the VGM for the purpose of SOLAS and Applicable Law related thereto. (e) The Operator will promptly communicate the VGM obtained in accordance with clause 3.5(c) above to the Customer. (f) The Operator shall not load a Container onto a Vessel if the VGM provided by the Customer or established by the Operator in accordance with clause 3.5(c) above shows a VGM greater than the maximum gross mass indicated on the Safety Approval Plate under the International Convention for Safe Containers, as amended (an “Overweight Container”).Container).‌ (g) If agreed with the Customer and subject to clause 3.5(f), the Operator will de-stuff Overweight Containers and stuff and seal two or more Containers with the contents of such Overweight Containers and weigh each repacked sealed Container in accordance with clause 3.5(c). The [Customer/Operator] Customer shall be responsible for removing any Overweight Containers from the Terminal without delay at the cost of the Customer. (h) The Customer shall pay all such charges arising out of or in connection with the activities performed by the Operator in this clause 3.5 and levied by the Terminal as are set out in Appendix 4 including, but not limited to, checking the existence of a VGM in the Cargo documentation provided by the Customer, establishing a VGM for a Container in accordance with clause 3.5(c) above, additional transport, shunting, handling, re-handling, de-stuffing, stuffing, storage or other charges resulting from Overweight Containers, delays or missed sailings. (i) The Operator shall not have any liability arising out of or in connection with delays or missed sailings as a result of: (i) any failure of a VGM Declarant or third party to comply with the requirements of SOLAS or the terms of this Agreement; (ii) the receipt by the Terminal of an Overweight Container; (iii) the Terminal not having received a VGM before the VGM Cut-off; or (iv) establishing a VGM for a Container in accordance with clause 3.5(c) above. (j) If as a result of a change in Good Industry Practice or the Applicable Laws (including SOLAS), the Operator’s costs in order to comply with its obligations under this clause 3.5 are increased, the Operator may recover such additional costs from the Customer.”