Railroad Equipment definition
Examples of Railroad Equipment in a sentence
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.
The foregoing without prejudice of the right of KCSM to reject the transportation of the Freight if it exceeds the maximum weight permitted for such Railroad Equipment, as well as the obligation of the User to indemnify KCSM for the damages and losses caused by reason of the over Freight of the Railroad Equipment as well as the obligation of the User to pay KCSM the administrative and operational costs generated, if any (for example, cut of car, delays).
In case that due to security reasons of the Freight or the Railroad Equipment, the packages and the packings require transit repairs, KCSM may perform such repairs directly or through third parties without the need to notify previously the User.
In the event the User loads the Railroad Equipment with a weight higher than indicated to KCSM in the Service Request, it must pay to KCSM the difference between the weight agreed upon and the weight actually transported, multiplying for such purposes such difference by the unit price of the Service Rate per ton, which is obtained by prorate of the Service Rate between the weight of the Car indicated in the Service Request.
Under the exclusive liability of the User, KCSM may receive Freight which by its nature may be transported in bulk as long as the User is liable for the operations of loading and unloading of the Railroad Equipment.
If the loading or unloading of certain Railroad Equipment is not concluded within the Free Period and/or the User omits to send KCSM the “Car Release Format” available in the internet page of KCSM, the User must pay KCSM the relevant delay which will be collected per each period of 24:00 hours or fraction, computed as of the conclusion of the Free Period pursuant to the rates established for this concept in the Various Service Rate.
Likewise, KCSM will be released of all liability in case the User fails to inspect the Railroad Equipment assigned prior to be loaded, and in such case no claim or lawsuit filed for such concepts shall proceed.
The User will notify KCSM when concluding the maneuvers of loading of the Freight and ready for transportation or when upon concluding the unloading maneuvers from the Railroad Equipment and ready to be released to KCSM.
For the purposes of this Agreement, KCSM considers the Freight received when physically located in its power on board of the Railroad Equipment and having been documented with the relevant ▇▇▇▇ of Lading.