Dangerous Goods. The Customer must declare to Lineas the presence of any possible Dangerous Goods or waste permitted under the UIC data specification, and must comply with all laws and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of Dangerous Goods by Rail (RID) are applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or Dangerous Goods and all documents, permits, licenses and certificates required by law and regulation for any official treatment of the Dangerous Goods and the carriage of the Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 (radioactive substances) or RID class 1 (explosives) are subject to a special authorization procedure and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the Customer, the Customer shall procure that Lineas shall have such right to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole risk and Lineas may, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costs.
Appears in 5 contracts
Samples: Framework Agreement, General Terms and Conditions, General Terms and Conditions
Dangerous Goods. [Option A: Where the Train Service is not to carry Dangerous Goods: The Customer Operator must declare ensure that the Train Services do not carry Dangerous Goods.] [Option B: Where the Train Service will or may carry Dangerous Goods:
(a) The Operator must ensure that the Train Services do not carry Dangerous Goods, except:
(i) as expressly provided in this agreement; or
(ii) with the prior permission of Queensland Rail (not to Lineas be unreasonably withheld).
(b) If the presence of Operator wishes to obtain Queensland Rail’s permission to carry any possible Dangerous Goods, the Operator must first satisfy Queensland Rail (acting reasonably) that:
(i) carrying the relevant Dangerous Goods or waste in the manner proposed by the Operator is permitted under the UIC data specification, or by all relevant Laws and must comply with all laws Authorities and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of any applicable Dangerous Goods Code;
(ii) any Authorisations required under any applicable Law or Dangerous Goods Code have been, or will be, obtained and maintained and are, or will be, available for inspection by Queensland Rail if requested; and
(RIDiii) are all Laws, including Authorisations, applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations relation to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or those Dangerous Goods and all documentsrequirements of any applicable Dangerous Goods Code are, permitsor will be, licenses complied with.
(c) Unless otherwise expressly provided in this agreement, where either clause 10.5(a)(i) or 10.5(a)(ii) are satisfied and certificates the relevant Train Service will carry Dangerous Goods, the Operator must ensure that:
(i) any Authorisations required by law under any applicable Law or the applicable Dangerous Goods Code have been obtained prior to the operation of that Train Service and regulation are available for inspection by, or for copies to be provided to, Queensland Rail if requested;
(ii) all Laws, including Authorisations, applicable in relation to those Dangerous Goods and all requirements of any official treatment applicable Dangerous Goods Code are complied with;
(iii) Queensland Rail is notified of the details of the Dangerous Goods (including an accurate description of the Dangerous Goods and the carriage of the applicable Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 United Nations (radioactive substancesUN) or RID class 1 Number) as soon as practicable prior to the operation of that Train Service; and
(explosivesiv) are subject to a special authorization procedure and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to before any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures carried on that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the CustomerTrain Service, the Customer shall procure that Lineas shall have such right Operator’s Emergency Management Plan includes procedures for responding to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are an Incident involving those Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole or any other event or circumstance that gives rise to a material or imminent risk and Lineas mayof an escape, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer release or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose discharge of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any those Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costsGoods.]
Appears in 1 contract
Samples: Access Agreement
Dangerous Goods. 8.1 Unless otherwise agreed in writing, the Client warrants that all goods handled are fit to be so handled in the ordinary way and are not dangerous.
8.2 Unless otherwise agreed in writing, Relyant Express Services will not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods which in its opinion are likely to cause harm or damage.
8.3 The Customer Client is liable for any and all losses or damage caused to Relyant Express Services and/or any third parties as a result of the goods of the Client causing harm or damage to any person, entity and/or third party and indemnifies Relyant Express Services against any ensuing claims.
8.4 Should Relyant Express Services agree to handle any dangerous goods for any purpose:
8.4.1 the Client must declare to Lineas furnish with the presence goods a written declaration detailing the trade name, chemical composition and characteristics of any possible Dangerous Goods the goods; and
8.4.2 the declaration must define the precise respects or waste permitted under circumstances in which the UIC data specification, goods are dangerous; and
8.4.3 the Client must ensure that the goods bear the warning labels and must comply with all declarations required in terms of the laws and regulations that govern their transportapplicable to the transportation of dangerous goods.
8.5 If, in the opinion of Relyant Express Services any goods (whether they have been declared as dangerous or not) become a danger to any person or property, Relyant Express Services shall be entitled immediately and without notice to the Client to dispose of the goods in question or take such other steps as it in its sole discretion deems prudent to avert danger. In addition, such event Relyant Express Services shall:
8.5.1 not be liable under any circumstances for the provisions value of the Regulation on the International Carriage of Dangerous Goods by Rail (RID) are applicable in their entirety and must be complied with goods or for any other loss or damage whether direct or consequential sustained by the Customer and Client or owner as a Relevant Third Partyresult of such disposal or other steps; and
8.5.2 still be entitled to recover from the Client its remuneration for the handling of the goods together with any costs incurred by it in disposing of them or taking other steps.
8.6 Unless written instructions are given to Relyant Express Services, it shall be under no obligation to make any declaration or to seek any special protection or cover from any third party (such as Spoornet) in particular respect of any goods falling within the obligations definition by that body:
8.6.1 of dangerous or hazardous goods; or
8.6.2 of goods liable to be respected by stored in the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or Dangerous Goods and all documents, permits, licenses and certificates required by law and regulation for any official treatment of the Dangerous Goods and the carriage of the Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 (radioactive substances) or RID class 1 (explosives) are subject to a special authorization procedure and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the Customer, the Customer shall procure that Lineas shall have such right to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole risk and Lineas may, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costs.open
Appears in 1 contract
Samples: Conditions of Carriage
Dangerous Goods. [Option A: Where the Train Service is not to carry Dangerous Goods: The Customer Operator must declare ensure that the Train Services do not carry Dangerous Goods. ] [Option B: Where the Train Service will or may carry Dangerous Goods:
(a) The Operator must ensure that the Train Services do not carry Dangerous Goods, except:
(i) as expressly provided in this agreement; or
(ii) with the prior permission of Queensland Rail (not to Lineas be unreasonably withheld).
(b) If the presence of Operator wishes to obtain Queensland Rail’s permission to carry any possible Dangerous Goods, the Operator must first satisfy Queensland Rail (acting reasonably) that:
(i) carrying the relevant Dangerous Goods or waste in the manner proposed by the Operator is permitted under the UIC data specification, all relevant Laws and must comply with all laws Authorities and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of any applicable Dangerous Goods Code;
(ii) any Authorisations required under any applicable Law or Dangerous Goods Code have been, or will be, obtained and maintained and are, or will be, available for inspection by Queensland Rail if requested; and
(RIDiii) are all Laws, including Authorisations, applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations relation to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or those Dangerous Goods and all documentsrequirements of any applicable Dangerous Goods Code are, permitsor will be, licenses complied with.
(c) Unless otherwise expressly provided in this agreement, where either clause 10.5(a)(i) or (ii) are satisfied and certificates the relevant Train Service will carry Dangerous Goods, the Operator must ensure that:
(i) any Authorisations required by law under any applicable Law or the applicable Dangerous Goods Code have been obtained prior to the operation of that Train Service and regulation are available for inspection by, or for copies to be provided to, Queensland Rail if requested;
(ii) all Laws, including Authorisations, applicable in relation to those Dangerous Goods and all requirements of any official treatment applicable Dangerous Goods Code are complied with;
(iii) Queensland Rail is notified of the details of the Dangerous Goods (including an accurate description of the Dangerous Goods and the carriage of the applicable Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 United Nations (radioactive substancesUN) or RID class 1 Number) as soon as practicable prior to the operation of that Train Service; and
(explosivesiv) are subject to a special authorization procedure and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to before any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures carried on that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the CustomerTrain Service, the Customer shall procure that Lineas shall have such right Operator’s Emergency Management Plan includes procedures for responding to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are an Incident involving those Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole or any other event or circumstance that gives rise to a material or imminent risk and Lineas mayof an escape, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer release or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose discharge of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any those Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costsGoods.]
Appears in 1 contract
Samples: Access Agreement
Dangerous Goods. [Option A: Where the Train Service is not to carry Dangerous Goods: The Customer Operator must declare ensure that the Train Services do not carry Dangerous Goods. ] [Option B: Where the Train Service will or may carry Dangerous Goods: The Operator must ensure that the Train Services do not carry Dangerous Goods, except: as expressly provided in this agreement; or with the prior permission of Queensland Rail given in accordance with this agreement(not to Lineas be unreasonably withheld). If the presence of Operator wishes to obtain Queensland Rail’s permission to carry any possible Dangerous Goods, the Operator must first satisfy Queensland Rail (acting reasonably) that: carrying the relevant Dangerous Goods or waste in the manner proposed by the Operator is permitted under the UIC data specification, all relevant Laws and must comply with all laws Authorities and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of any applicable Dangerous Goods Code; any Authorisations required under any applicable Law or Dangerous Goods Code have been, or will be, obtained and maintained and are, or will be, available for inspection by Queensland Rail (RID) are if requested; and all Laws, including Authorisations, applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations relation to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or those Dangerous Goods and all documentsrequirements of any applicable Dangerous Goods Code are, permitsor will be, licenses complied with. Unless otherwise expressly provided in this agreement, where either clause 10.5(a)(i) or (ii) are satisfied and certificates the relevant Train Service will carry Dangerous Goods, the Operator must ensure that: any Authorisations required by law under any applicable Law or the applicable Dangerous Goods Code have been obtained prior to the operation of that Train Service and regulation are available for inspection by, or for copies to be provided to, Queensland Rail if requested; all Laws, including Authorisations, applicable in relation to those Dangerous Goods and all requirements of any official treatment applicable Dangerous Goods Code are complied with; Queensland Rail is notified of the details of the Dangerous Goods (including an accurate description of the Dangerous Goods and the carriage of the applicable Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 United Nations (radioactive substancesUN) or RID class 1 (explosivesNumber) are subject as soon as practicable prior to a special authorization procedure the operation of that Train Service; and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to before any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures carried on that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the CustomerTrain Service, the Customer shall procure that Lineas shall have such right Operator’s Emergency Management Plan includes procedures for responding to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are an Incident involving those Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole or any other event or circumstance that gives rise to a material or imminent risk and Lineas mayof an escape, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer release or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose discharge of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any those Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costsGoods.]
Appears in 1 contract
Samples: Access Agreement