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Rules Circular 2

Effective September 1, 2016
 
Item 1 - General Rules
  1. The provisions of this Circular apply to shipments arranged for any Shipper and its customer(s) by Rail-Bridge Logistics® (RBL). Rail Bridge Logistics is a Division of "K" Line America, not a separate corporation, and all references to "RBL" refer to "K" Line America, Inc. unless specifically stated otherwise. The term "Shipper" describes the entity with whom RBL deals directly, regardless of whether they are an intermediary, a carrier or cargo owner. The provisions of this Circular shall apply for the benefit of "K" Line America, Inc., its parent company, Kawasaki Kisen Kaisha, Ltd. ("K" Line) and their affiliates. It is Shipper's responsibility to make the contents of this Circular and its obligations hereunder known to all cargo interests and ensure compliance with all laws, regulations and rail or truck carrier requirements.
  2. Shipper understands and agrees that RBL is acting only as an agent for Shipper (and its principals if it is not the cargo owner who is the sole Shipper party). RBL acts as nominee for Shipper in arranging domestic rail or truck services under its own name. Neither RBL, "K" Line America, nor any parent or affiliate company acts as a freight forwarder or a common or contract carrier of any kind in connection with any shipment. Shipper agrees on behalf of all cargo interests that neither RBL nor its parent or affiliates shall have liability to any person for cargo or other property loss, damage or delay or for personal injury or other damage occurring at any time. The terms and conditions governing railroad liability are contained in the railroad's governing publications and as set forth in the railroad contract clauses furnished herewith. All such terms and conditions apply to handling and movement of cargoes arranged by RBL as nominee. This Circular constitutes an offer by RBL to perform agency and nominee services. By requesting services, the Shipper accepts this offer and a binding contract is formed thereby, incorporating the obligations set forth herein. Shipper acknowledges, on its own behalf and on behalf of its customer(s) on whose behalf it acts in connection with any transaction that it has had the opportunity to declare a value for its goods and has declined to do so, thus all loss or damage limitations imposed by any carrier shall apply.
  3. Shipper has the opportunity to execute an RBL Shipper Service Agreement prior to using RBL's services, but all provisions of this Circular shall apply automatically, regardless of whether such an Agreement is signed. Acceptance of RBL services is deemed to constitute agreement to all obligations imposed by this circular and all laws, regulations and rail or truck carrier requirements.
  4. Except as otherwise agreed in writing, this Circular sets forth the terms and conditions under which RBL will arrange transportation services for any Shipper, and all other cargo interests, including cargo owners. Shipper may act only as a "Shipper" as defined below or maybe an "Actual Shipper" as defined below.
  5. If any part, term, item or provision of this Circular be held by a court or by any agency to be unenforceable, illegal, against public policy, or in conflict with any federal, state, or local laws, such part, term, item or provision shall be considered severable from the rest of the Circular.