Common use of UNLOADING AND DEMURRAGE Clause in Contracts

UNLOADING AND DEMURRAGE. Seller's delivery equipment, if furnished hereunder, is with the understanding that Buyer will take all necessary actions and precautions to promptly unload and return Seller's railcars and/or returnable containers, undamaged, in as good condition as first received from Seller (D.A.P. Delivered At Place, unless otherwise specified) to delivering carrier (in railcar, constructive placement for delivery/switching) within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such equipment shall be for Buyer's account. For Seller’s railcars, Buyer will be subject to a holding charge of fifty dollars ($50) per day per railcar after Seller allowed holding days of constructive placement and an additional one time charge of five thousand dollars ($5,000) per railcar after one hundred and twenty (120) days of constructive placement. Buyer is responsible to inspect railcars for visual defects or damages of any type caused by railroad carrier or any other party. Buyer shall notify Seller of any defect or damage found, irrespective of how caused or by whom, including open hatches and bottom unloading gates, within twenty-four (24) hours of receipt at Buyer’s point of delivery. Buyer shall not repair any damages or defects in connection with Seller’s railcars and/or returnable containers without Seller’s advance written permission to do so. Buyer shall close all hatches, gates, outlet caps, and seal prior to releasing Seller’s railcars, loaded or empty, for return shipment. Separate from and additional to Buyer’s liability for all and any loss, damage, injury, fine, or penalty of any kind (if any) that results and/or is suffered by (or claimed or assessed against) Seller as a result of Buyer’s failure to have closed or sealed every hatch, gate, and outlet cap pursuant to Buyer’s aforestated obligations, Buyer will be subject to a charge of fifty dollars ($50) per individual hatch, gate, and/or outlet cap that is missing or returned to Seller in less than fully closed and sealed condition when each railcar is returned. Buyer shall not assign, reroute, direct, or reconsign any railcar except with prior written consent of the Seller. Buyer will cause no liens of any kind, including but not limited to tax liens, to be imposed on the railcars. BUYER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THE USE, CONDITION, AND SAFEGUARDING OF SELLER’S RAILCARS AND/OR RETURNABLE CONTAINERS AND BUYER AGREES TO (1) COMPENSATE SELLER FOR ANY LOSS OR DAMAGE TO SELLER’S PROPERTY (IRRESPECTIVE OF HOW CAUSED OR BY WHOM) UNTIL SUCH TIME AS THE RAILCARS AND/OR CONTAINERS HAVE DEPARTED BUYER’S FACILITY, AND (2) TO INDEMNIFY AND SAVE SELLER HARMLESS FROM ANY LOSS OR DAMAGE TO PROPERTY OTHER THAN SELLER’S AND FROM ANY INJURIES TO PERSONS RELATING IN ANY WAY TO THE USE, CONTROL, POSSESSION, HANDLING, LOADING, UNLOADING, STORAGE, OR TRANSPORTATION OF SUCH RAILCARS AND/OR CONTAINERS WHILE SUCH ARE IN BUYER’S (OR BUYER’S AGENT’S) POSSESSION OR WHILE SUCH ARE OTHERWISE UNDER BUYER’S (OR BUYER’S AGENT’S) CONTROL.

UNLOADING AND DEMURRAGE. Seller's delivery equipment, if furnished hereunder, is with the understanding that Buyer will take all necessary actions and precautions to promptly unload and return Seller's railcars and/or returnable containers, undamaged, containers in as good condition as received, undamaged condition as when first received from Seller (D.A.P. Delivered At Place, unless otherwise specified) to delivering carrier (in railcar, constructive placement for delivery/switching) within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such equipment shall be for Buyer's account. For Seller’s railcars, Buyer will be subject to a holding charge of fifty dollars ($50) per day per railcar after Seller allowed holding days of constructive placement and an additional one time charge of five thousand dollars ($5,000) per railcar after one hundred and twenty (120) days of constructive placement. Buyer is responsible to inspect railcars for visual defects or damages of any type caused by railroad carrier or any other party. Buyer shall notify Seller of any defect or damage found, irrespective of how caused or by whom, including open hatches and bottom unloading gates, within twenty-four (24) hours of receipt at Buyer’s point of delivery. Buyer shall not repair any damages or defects in connection with Seller’s railcars and/or returnable containers without Seller’s advance written permission to do so. Buyer shall close all hatches, gates, outlet caps, and seal prior to releasing Seller’s railcars, loaded or empty, for return shipment. Separate from and additional to Buyer’s liability for all and any loss, damage, injury, fine, or penalty of any kind (if any) that results and/or is suffered by (or claimed or assessed against) Seller as a result of Buyer’s failure to have closed or sealed every hatch, gate, and outlet cap pursuant to Buyer’s aforestated obligations, Buyer will be subject to a charge of fifty dollars ($50) per individual hatch, gate, and/or outlet cap that is missing or returned to Seller in less than fully closed and sealed condition when each railcar is returned. Buyer shall not assign, reroute, direct, or reconsign any railcar except with prior written consent of the Seller. Buyer will cause no liens of any kind, including but not limited to tax liens, to be imposed on the railcars. BUYER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THE USE, CONDITION, AND SAFEGUARDING OF SELLER’S RAILCARS AND/OR RETURNABLE CONTAINERS AND BUYER AGREES TO (1) COMPENSATE SELLER FOR ANY LOSS OR DAMAGE TO SELLER’S PROPERTY (IRRESPECTIVE OF HOW CAUSED OR BY WHOM) UNTIL SUCH TIME AS THE RAILCARS AND/OR CONTAINERS HAVE DEPARTED BUYER’S FACILITY, AND (2) TO INDEMNIFY AND SAVE SELLER HARMLESS FROM ANY LOSS OR DAMAGE TO PROPERTY OTHER THAN SELLER’S AND FROM ANY INJURIES TO PERSONS RELATING IN ANY WAY TO THE USE, CONTROL, POSSESSION, HANDLING, LOADING, UNLOADING, STORAGE, OR TRANSPORTATION OF SUCH RAILCARS AND/OR CONTAINERS WHILE SUCH ARE IN BUYER’S (OR BUYER’S AGENT’S) POSSESSION OR WHILE SUCH ARE OTHERWISE UNDER BUYER’S (OR BUYER’S AGENT’S) CONTROL.