TEXAS, GONZALES & NORTHERN RAILWAY COMPANY

Transcription

1 TEXAS, GONZALES & NORTHERN RAILWAY COMPANY SWITCHING TARIFF FREIGHT TARIFF TXGN 8000D (Replaces FT TXGN 8000C) ISSUED: April 4, 2016 EFFECTIVE: May 4, 2016 SWITCHING and MISCELLANEOUS RULES and CHARGES APPLYING at POINTS on the TEXAS, GONZALES & NORTHERN RAILWAY (Except as otherwise provided) ISSUED BY: Wade Hoffmann, Vice President of Marketing & Sales Texas, Gonzales & Northern Railway Company 5430 LBJ Freeway, Suite 1540 Dallas, TX Page 1

2 TABLE OF CONTENTS ITEM SUBJECT PAGE Glossary 3 General Rules and Other Governing Provisions 8000 General Application Supplements and Reissues Charges on Private Cars Hazardous Freight Loss and Damage Claims Collection of Charges Reasonable Dispatch 5 SECTION ONE: Switching Rules and Charges 8100 Extra Switching Services In-Plant Switching Inter-Terminal Switching Respot Set-Back Cherry-Picking Special Handling Turning Cars 5 SECTION TWO: Miscellaneous Rules and Charges 8200 Weighing Weight Limit Cars Ordered but Not Used Cars Released but Not Ready to Pull Cars Requested but Unable to Place Cars Interchanged in Error Delay of Cars Cars Not Suitable for Loading/Unloading 6 SECTION THREE: Disputes 8300 Disputes 7 SECTION FOUR: Hours of Operations 8400 Schedule of Operations 7 SECTION FIVE: Items Added, Revised, or Removed 8500 Items Added, Revised, or Removed in this Issue 8 Page 2

3 GLOSSARY ACCESSORIAL CHARGES Any/All charges assessed by the TXGN and presented in FT TXGN 8000-series and FT TXGN series, their supplements and reissues. BOE Bureau of Explosives. BOL Bill of Lading. CARS ORDERED BUT NOT USED Car(s) ordered on behalf of Customer and not used for loading/unloading. CHERRY-PICKING Storage Only Customers (refer to TXGN FT 6000-series) requesting a specific car(s) that is not first available from the place of storage, due to the order that cars were received and/or were moved onto a storage track(s), that are under the same customer account and have the same Standard Transportation Commodity Code (STCC) code, and requires additional switching to access the car(s) initially requested. A chargeable Cherry-picking is when the switching movement is by order or convenience of a Customer. CONNECTING CARRIER Union Pacific (UP) or other railroad that interchanges rail traffic directly with the TXGN. CUSTOMER The Consignee, the Consignor or the party, agent, or transloader authorized to tender or receive the rail shipment. The Customer is the entity directly served by the TXGN. ELECTRONIC DATA INTERCHANGE (EDI) the transfer of data from one computer system to another by standardized message formatting, without the need for human intervention. FT Freight Tariff. HAZARDOUS MATERIALS Hazardous waste and Hazardous substances as defined in Hazardous Materials Regulations of the U.S. Department of Transportation in 49 C.F.R or successor thereof. IN-PLANT SWITCHING A switching movement of car(s) loaded or empty from one track to another track, between two points on the same track within the same plant or industry without leaving the tracks of the same plant or industry. A chargeable In-Plant Switch is when this switching movement is by order or convenience of a Customer. INTER-TERMINAL SWITCHING A switching movement of car(s) loaded or empty (other than In-Plant Switching) from one track to another within the switching limits of TXGN. This charge shall be assessed whenever a car(s) are spotted to a track for inspection, remarking, repair or for any other reason at the direction of a Customer. LOADED CAR A car that is completely or partially loaded, or a car that is moving as a load under the provisions of a BOL. PRIVATE CAR A car bearing other than railroad reporting marks where its use is controlled by the owner, leasee, or party other than the railroad. The term Private Car specifically excludes cars owned or furnished by TTX Company or its subsidiaries. PRIVATE SCALE A rail scale owned and operated by a Customer. REJECTED CAR 1. An empty car determined by a Customer to be unfit for loading; 2. An empty/loaded car determined by a Customer to be Diverted or Re-consigned; 3. An empty/loaded car determined by a Customer to be refused for miscellaneous purposes. RELEASE The written or electronic notification received from the Customer that loading or unloading of a car has been completed and the car is available for movement. RESPOT Switching movements resulting in the re-sequencing of car(s) on a track. A chargeable Respot is when this switching movement is by order or convenience of a Customer. SET-BACK Switching movements removing one car(s) from a track in order to access another car(s) on the same track, then replacing the car(s) to the original track. A chargeable Set-back is when this switching movement is by order or convenience of a Customer. TXGN Texas, Gonzales & Northern Railway Company. TURNING CARS Repositioning a railcar(s) so that the other side is accessible or one particular end of the car is facing a specified direction. UNIT TRAIN A movement of forty (40) or more cars moving from a single origin to a single destination under a single BOL. Page 3

4 ITEM 8000 GENERAL RULES AND OTHER GOVERNING PROVISIONS GENERAL APPLICATION A. This Tariff and its supplements are applicable at all points on the TXGN. B. This Tariff and its supplements are applicable to the movement and handling of all railcars. C. No exceptions will be allowed for holidays, weekends, days where no service is provided, Acts of God, terrorism, strike interference, or Bunching. D. Invoices will be presented on a monthly basis. E. Accessorial charges as presented herein will be assessed against the Customer. The Customer is solely responsible for payment of charges. TXGN will not issue invoices to third parties. F. Charges presented herein may also be subject to Demurrage, Storage, Diversion, Re-consignment, and Transfer Rules and Charges as provided in FT TXGN 6004-series. ITEM 8005 SUPPLEMENTS AND REISSUES Where reference is made in this tariff or supplements to other publications for rates or other information, it includes supplements thereto or successive issues thereof. ITEM 8010 CHARGES ON PRIVATE CARS TXGN will not pay per diem, hourly or mileage charges on private cars when moving to or from stations on the TXGN. ITEM 8015 HAZARDOUS FREIGHT For rules and regulations governing the transportation of hazardous waste and hazardous substances including explosives and other dangerous articles, specifications for shipping containers, and restrictions governing the acceptance and transportation of hazardous waste and substances, including explosives and other dangerous articles, see BOE 6000-series and/or Hazardous Materials Regulations of the U.S. Department of Transportation in 49 C.F.R or successor thereof. ITEM 8020 LOSS AND DAMAGE CLAIMS Loss and Damage Claims must be filed with and processed by the Connecting Carrier. ITEM 8025 COLLECTION OF CHARGES Payment of Charges: A. Payments of all charges for invoices issued by TXGN, is due within thirty (30) days from the date of billing. Finance Charges: The TXGN may assess a finance charge of 1.5% per month (18% per annum) on unpaid bills thirty (30) days past due, including, without limitation, demurrage, switching and all other charges. If TXGN, at its sole discretion, uses a collection agency or attorneys to collect delinquent charges and TXGN is successful in collecting such charges, Customers shall reimburse TXGN for all reasonable collection costs, including reasonable collection agency fees and reasonable attorneys fees. Security Deposit: A. A security deposit to insure payment of any Switching and Miscellaneous charges that may accrue will be required from every Customer who: 1. Has not established credit with the TXGN; or 2. Fails to pay freight, demurrage, storage, switching or other accessorial charge within thirty (30) days of invoice. B. The deposit must be paid in wire transfer, certified check, or cashier s check before any freight car is delivered to such Customer for loading or unloading. C. The deposit shall be equal to the previous month s billing for charges under this tariff accrued by the Customer plus $1000. New Customers commencing operations shall be required to post a $2500 deposit. D. Deposits will no longer be required after the Customer either: 1. Has established credit with the TXGN; or 2. Has paid all outstanding Switching and Miscellaneous charges, and has given assurance to the satisfaction of the TXGN s credit office that future charges will be paid within thirty (30) days of invoice. 3. When the Customer is notified that a deposit will no longer be required, railroad will refund any remaining deposits to the Customer within thirty (30) days. Page 4

5 ITEM 8030 REASONABLE DISPATCH TXGN will transport railcars over its line with reasonable dispatch. TXGN does not guarantee rail service on any scheduled time frame. ITEM 8100 SECTION ONE: SWITCHING RULES AND CHARGES EXTRA SWITCHING SERVICES Normal switching service is provided by the TXGN, one event per day Monday through Friday, excluding holidays & weekends. If requested by the Customer, Extra Switching Service will be performed providing the TXGN has available personnel and motive power subject to the following additional charge; other Switching, Miscellaneous, or Demurrage charges may apply: $500 per hour or fraction thereof Minimum charge of $2000 An Extra Switching Service, when requested, will not be completed until a signed TXGN Special Switching Form is received by TXGN personnel. If the Extra Switching Service is cancelled for any reason attributable to the Customer, the Customer will be assessed an Administration Fee in accordance to FT TXGN 6004-series. ITEM 8105 ITEM 8110 ITEM 8115 ITEM 8120 ITEM 8125 $175 per car $250 per car $175 per car $175 per car $75 per car IN-PLANT SWITCHING INTER-TERMINAL SWITCHING RESPOT SET-BACK CHERRY-PICKING If the request is for a group of ten or more cars on one single track that are all connected together, this Accessorial Charge will not be applied. ITEM 8130 SPECIAL HANDLING In addition to freight charges and/or other Accessorial Charges, the following charges will apply on movements requiring special handling: A. Locomotives moving to or from a Customer s facility will be assessed a charge of $1000 per locomotive each direction. B. Scale test cars moving to or from a Customer s facility will be assessed a charge of $500 per car each direction. C. Car shipments requiring special handling or protection, including high-wide loads, will be assessed a charge of $1000 per car each direction. ITEM 8135 $500 per car TURNING CARS Page 5

6 SECTION TWO: MISCELLANEOUS RULES AND CHARGES ITEM 8200 WEIGHING Weighing loaded or empty cars on a Private Scale $300 per car This charge will not be assessed on cars weighed on weigh-in-motion scales where additional handling is not required on the part of TXGN. ITEM 8205 WEIGHT LIMIT TXGN s weight limit is 263,000 pounds gross weight on rail (GWR). TXGN receives the GWR weight of car(s) through the information received from EDI. Car(s) exceeding the weight limit may be accepted on the TXGN at the discretion of the TXGN General Manager, subject to the following charges: A. Car(s) with a GWR exceeding 263,000 pounds, but less than 286,000 pounds $100 per car B. Car(s) with a GWR exceeding 286,000 pounds $500 per car C. Car(s) loaded with aggregates and/or construction materials and moving in unit train service exceeding 263,000 pounds, but less than 286,000 pounds $25 per car D. Car(s) loaded with industrial sand (processed or unprocessed) and moving in unit train service exceeding 263,000 pounds, but less than 286,000 pounds $50 per car ITEM 8210 CARS ORDERED BUT NOT USED When an order for cars for loading/unloading is cancelled, a charge of $500 per car will be assessed against the Customer. This charge will not apply on Cars Not Suitable for Loading/Unloading see Item Other charges under this tariff or FT TXGN 6004-series may apply. ITEM 8215 CARS RELEASED NOT READY TO PULL Cars released by the Customer which cannot be pulled due to a condition attributable to the Customer will be assessed a charge of $500 per event. An event is an attempt by TXGN to switch the industry or track from which the car(s) are released. Other charges under this tariff or FT TXGN 6004-series may apply. ITEM 8220 CARS REQUESTED BUT UNABLE TO PLACE Cars requested for placement by the Customer which cannot be actually placed due to a condition attributable to the Customer will be assessed a charge of $500 per event. An event is an attempt by TXGN to switch the industry or track from which the car(s) were requested to be placed. Other charges under this tariff or FT TXGN 6004-series may apply. ITEM 8225 CARS INTERCHANGED IN ERROR A charge of $400 per car will be assessed to the Customer on all cars interchanged to the TXGN in error. ITEM 8230 DELAY OF CARS A Connecting Carrier refusing to accept cars when offered by the TXGN shall pay a delay charge of $75 per day for each refused car. Such charges will be in addition to all other applicable charges. ITEM 8235 CARS NOT SUITABLE FOR LOADING/UNLOADING When cars ordered for loading/unloading are refused or rejected due to not being in suitable condition for loading/unloading, a charge of $500 per car will be assessed against the Customer furnishing and/or handling such cars. Page 6

7 ITEM 8300 DISPUTES SECTION THREE: DISPUTES In order to be considered for relief, a dispute must be presented to TXGN in writing with supporting documentation within thirty (30) days of the invoice issue date. The dispute must fully state the conditions for which relief is claimed, and identify disputed charges by car number and date. All disputes must be transmitted to: Via disputes@tnw-rr.com; or Via Fax If charges are assessed due to TXGN error, charges will be adjusted to the appropriate amount that would have accrued with the omission of such error. Bunching will not be considered TXGN error and no allowance will be made. Claims sent to TXGN, which are not found to be valid, will be subject to a processing fee of $50 for each incorrectly disputed car. Any portion of the invoice not in dispute must be paid by the due date. Disputes submitted more than thirty (30) days after the invoice issue date will not be accepted. ITEM 8400 SCHEDULE OF OPERATIONS SECTION FOUR: HOURS OF OPERATIONS TXGN normal operating hours are , Monday through Friday, excluding Company Holiday s listed below. Customer requests and communications received outside of these times will be processed the next day of normal operations. Below is a list of TXGN s Company Holidays in which the TXGN will be closed. In the event a switch request is approved for any of these days, the Customer will be assessed Item 8100: Extra Switching Service. Other charges under this tariff or FT TXGN 6004-series may apply. New Year s Day (January 1) President s Day (third Monday in February) Good Friday (Friday before Easter) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Thanksgiving (fourth Thursday in November) Day after Thanksgiving Christmas Eve (December 24) Christmas Day (December 25) New Year s Eve (December 31) Page 7

8 ITEM 8500 SECTION FIVE: ITEMS ADDED, REVISED, OR REMOVED ITEMS ADDED, REVISED, OR REMOVED IN THIS ISSUE Items added, revised, or removed in this issue (Freight Tariff TXGN 8000D): Cover - revised Table of Contents added; revised Glossary added; revised former 8010; revised E & F former former former former former 8090; revised former former 8110; revised former former 8135; revised former 8150; revised former 8155; revised added former 8170; revised former 8190; revised former former 8215; revised former 8220; revised former 8230; revised added former 8260; revised former former 8270; revised former 8310; revised added former 8400; added; revised Page 8