GPA will not be responsible for any demurrage, detention, or per diem on chassis, containers, motor vehicles, railcars, or vessels, except for any portion of the charge caused by the GPA’s own negligence, or in instances where GPA has specific agreements in place with the beneficial cargo owner; otherwise, GPA will hold the account responsible and will assess a charge of at cost plus thirty-five percent (35%) for handling and administration.

Further, use of the Train Service provided by the Railroad shall constitute consent to the terms and conditions of the Railroad’s Intermodal Service Directory No. 1 (the “Directory”) and shall evidence the User’s agreement to all applicable terms and conditions contained therein. Notwithstanding the foregoing, the rates for Train Service payable by any User shall be the rates specified in the applicable MTOS or GPA issued contract or GPA issued rate quote. However, in the event GPA, acting as Intermediary, incurs any charges for Train Service, terminal services, storage service, or supplemental services under the Directory related to a specific shipment, in addition to the charges payable by the User under the applicable MTOS, contract or rate quote, GPA shall pass through such additional charges to the User, and the User agrees to pay GPA for the additional amounts due under the Directory for the shipment.

Note 1:  As information, rail carriers do not currently assess demurrage on intermodal railcars.

Note 2: Definitions applicable only to this Rule (5-056). 

“Train Service” shall refer to rail line haul service operated or arranged by the Railroad and GPA to and from GPA’s terminals or facilities.

“Intermediary” shall refer to GPA as the arranger of any Services on behalf of a Shipper.

“Services” shall collectively refer to Train Service, Terminal Services, and Storage Services provided for Shippers by the Railroad for whom GPA acts as an Intermediary.

“Shipper” shall refer to any ocean carrier, shipper, consignor, consignee, beneficial cargo owner, or other party utilizing the Services, for whom GPA is acting as an Intermediary.