SOUTHERN RAILWAY OF BRITISH COLUMBIA LIMITED (SRY) --------------------------------------------------------------------- FREIGHT TARIFF SRY 700.005 APPLYING ON SUPPLEMENTAL SERVICES On All Traffic APPLYING AT ALL STATIONS ON THE SRY Terms and Conditions may be changed without notice ISSUED 1 OCTOBER 2014 EFFECTIVE 1 JANUARY 2015 ISSUED BY Gerald Linden, Director Business Development SOUTHERN RAILWAY OF BRITISH COLUMBIA LIMITED 2102 River Drive NEW WESTMINSTER, BC V3M 6S3
TABLE OF CONTENTS SUBJECT ITEMS PAGES Application of Referenced Publications 50 3 Car(s) Ordered but not Used 100 3 Congestion of Railroad Facilities - Charges 155 3 Customs or Inspection at SRY Terminals 160 4 Diversions 185 4 Loading and Unloading of Rail Cars on SRY 280 5 Overloads 360 6 Incomplete & Incorrect Billing - Release Requirements and Documentation 400 7 Responsibility for Charges 405 7 Respot (dirty cars, overloads etc) 415 8 Security Deposit 420 8 Special Switch 425 9 Stop-off completion of loading or unloading of railcars 465 9 Turning of Railcars 500 9 Unable to access a Customer s Facility 630 9 Weighing Charges for Re-Weighing 720 10 Cars Held 810 10 Rule and Regulations 11 2
ITEM 50 APPLICATION OF REFERENCED PUBLICATIONS Except where inconsistent with a provision of this document or other contractual terms specifically agreed the rules, regulations, charges and allowances of the following named publications shall, along with the terms of service specified herein, apply to all rail transportation provided by SRY and covered by the provisions of this publication. For car(s) Interchanged or Delivered in error refer to SRY 500 tariff Series On Demurrage and Detention Rules and Charges refer to SRY 600 tariff Series ITEM 100 CAR(S) ORDERED BUT NOT USED When a customer has placed with SRY an order for empty rail car(s) and the rail car(s) ordered are furnished by SRY and subsequent notification is given to SRY that the railcar(s) are no longer needed, in addition to any connecting lines supplemental charges, SRY will asses a switching charge of $175.00 per car against the person, firm or corporation ordering the car(s). Demurrage will also be charged for all detention, including, Saturdays, Sundays and Holidays from the date and time of actual or constructive placement until released, with no free time allowance. ITEM 155 CHARGE FOR CUSTOMER(S) CAUSING CONGESTION ON RAILROAD FACILITIES When in SRY s judgment an excessive quantity of constructively placed cars for a customer, consignee, receiver and or unloader congests SRY s yard and network facilities and causes material operating problems, SRY s Customer Service Department will notify the consignee, receiver and/or unloader at the location to which cars are destined that any such carloads which are beyond the capacity of the consignee, receiver and/or unloader and which cannot be so placed for any reason, will be moved without notice by SRY to the nearest storage location or holding track on SRY where storage space is available. Such cars will be held at this storage location or holding track until final delivery instructions are received by SRY from the consignee, receiver, and/or unloader. In addition to the applicable demurrage and/or storage charge as detailed in the applicable SRY s demurrage tariff a charge of $450.00 per car will be assessed against the consignee, receiver and/or unloader for the initial movement of theses cars from SRY s serving yard at destination to a storage location or holding track and the return movement of the cars to the consignee, receiver and /or unloader s facility ITEM 160 CUSTOMS INSPECTIONS Rail Cars inspections requested by Canada Customs which require SRY to hold car(s) until proper release order has been given to SRY will be subject to a charge of $200.00 per car and subject to switching and demurrage charges as provided in applicable tariffs. 3
ITEM 185 DIVERSIONS CHARGES, ASSESSMENT OF Diversion provisions only apply to cars that are in SRY s possession. SRY reserves the right to accept or deny a diversion request for any reason. SRY reserves the right to refuse the diversion request if charges accruing against the consignment are not guaranteed to the satisfaction of SRY Definition The term Diversion means any order received by SRY that requires any change in the original shipping document involving: A change in the name of freight bill party, consignor or consignee; A change in destination; A change in the route; A request to stop a car for the purpose of delivery or re-forwarding. Destination for the purpose of this section means the destination on the Bill of Lading, or if such destination is served by a terminal yard, the terminal yard will be considered the destination. Charges: A charge will be assessed on any diversion or reconsignment of cars on a per car or per Bill of Lading basis as follows: Before Placement: 1. If a car has not been placed at the customer s siding and a diversion or reconsignment request is submitted for a change of consignee within the same destination no charge will be assessed. 2. If a car has not been placed at the customer s siding and a diversion or reconsignment request is submitted for a change of freight bill party within the same destination a charge of $100.00 will be assessed. 3. If a car is in a terminal yard and a diversion or reconsignment request is submitted for a change of destination that does not require transfer to a different terminal yard a charge of $175.00 will be assessed. To be continued on next page 4
ITEM 185 DIVERSIONS CHARGES, ASSESSMENT OF (continued) 4. For all other diversion or reconsignment requests submitted a charge of $300.00 will be assessed. After Placement 1. If a car arrives at the billed destination, and has been placed at the customer s siding and the customer wishes to move the railcar to another consignee or location either on SRY or another railway a new bill of lading must be submitted and a rate must be established by SRY s Business Development Department to cover the new move. (Exception Grain) 1 If a car arrives at the billed destination, and has been placed at the customer s siding and the customer wishes to move the railcar to another consignee within the same station a charge of $200.00 will be assessed. 2 If a car arrives at the billed destination, and has been placed at the customer s siding and the customer wishes to move the railcar to another station a charge of $300.00 will be assessed. All diversions must be submitted in writing by fax or email. When a diversion request is accepted and SRY must hold the car awaiting diversion instructions, demurrage and other ancillary charges will be assessed to the party requesting the diversion. Diversion charges will apply in addition to all other applicable freight rates. SRY will not be responsible for failure to effect a diversion. ITEM 280 LOADING AND UNLOADING CAR LOAD FREIGHT SRY is not obliged to load or unload any carload freight, nor is SRY obliged to arrange for or in any way provided assistance in the loading or unloading of carload freight. 1. If SRY agrees to perform this service the charge shall be actual cost of labour and material, including the use of specialized equipment such as cranes or derricks, plus a 25% processing fee subject to a minimum charge of $3100. 2. If SRY agrees to arrange for this service to be performed by another party, the charge will be those of the party performing the service, plus a 25% processing fee. The customer requesting the loading or unloading service will be fully responsible for all such charges. 5
ITEM 360 OVERLOADS An overload car is defined as a railcar for which either the net weight (actual weight of freight including all other materials incidental to the movement of the goods) is in excess of the car s authorized load limit (defined as the stenciled load limit on the car)or the gross weight (combined weight of railcar and freight including all other material incidental to the movement of the goods) is in excess of (1) total weight on rail (TWR) as shown in the ULMER file or (2) The track weight limitations at any point along the route of movement. An overloaded rail car will include a railcar that is found to be improperly loaded if it has a concentration of lading resulting in the maximum weight on rail of any truck or the total weight on rail of any car or the track limitations at any point enroute being exceeded CARS OVERLOADED OR IMPROPERLY LOADED Dangerous Commodity traffic overloaded or improperly loaded will not be permitted to go forward without weight reduction to allowable limit. Handling of cars overloaded or improperly loaded 1. If a car is found to be overloaded or improperly loaded, it will not be permitted to go forward. The shipper will be notified and required to adjust the load or to transfer the excess weight from the car. Shipper will be assessed a minimum charge of $450.00. In addition shipment will be subject to demurrage and/ or detention charges. For overloads that are beyond the allowable tolerances of the car: 1. If a railcar is found to be overloaded, improperly loaded while in transit or exceeds the tolerance permitted such car must be referred to SRY s engineering, mechanical and operations departments for authorization of movement. It must be reduced or adjusted at the shipper s expense. 2. SRY reserves the right to clear the overloaded car and allow it to move to destination without reducing and or adjusting the load, however, the applicable tariff charges will apply. 3. SRY will notify the shipper of the overload car in question. Notification will indicated the car number, contents, location, actual gross weight and acceptable gross weight. 4. Shipper must provide SRY with complete written instructions for the removal of the excess freight within 48 hours of this notification including weekends and holidays. The removal and disposal of the overloaded portion of contents of the car is entirely the responsibility of the shipper. (To be continued on next page) 6
ITEM 360 OVERLOADS (continued) 5. In the event shipper fails to provide SRY with written instructions for the removal of the excess freight within 48 hours of notification, SRY reserves the right to arrange for the removal and disposal of the overloaded portion of the contents at full cost to the shipper. Shipper will be assessed a minimum charge of $450.00. Overloaded or improperly loaded shipments are subject to switching, demurrage and/or detention charges as outlined in the applicable tariffs 6. If SRY personnel perform any work adjusting, transferring or removing the freight from the car, the shipper will be responsible for the actual cost of such work plus and additional 25% for processing. 7. Shipper will indemnify SRY from liability for any loss of life personal injury or damage to property as a result of the overloading or improper loading of railway equipment. Release Requirements and Documentation ITEM 400 INCOMPLETE & INCORRECT BILLING When on Customer s orders loaded cars or empty cars are to be removed from the industry siding or team track with out complete Bill of Lading instructions, or when loaded cars or empty cars are received in interchange without complete Bill of Lading instructions SRY will move the car to the first available staging area. If, at any time after car is in SRY possession, the lack of complete or incorrect Bill of Lading instructions provided are insufficient to continue the movement, the shipper will be assessed a charge of $200.00 and all applicable demurrage, storage or detention charges will apply until such time as the shipper provides SRY with complete Bill of Lading instructions. Bill of Lading information requirements; Car initial Order Reference Payer of Freight Car Number Empty/Load Status Prepaid or Collect Shipper Commodity/Contents Rule 11 or Through rate Origin Net or Estimated Weight Customs Information (Documentation) Consignee Unit of Measure Dangerous Commodity Documentation Destination Weight Terms Customer s Reference Number Route Equipment Type ordered Tax Code (GST) ITEM 405 RESPONSIBILITY FOR CHARGES Unless agreed to in writing that another party will assume responsibility the Loader of a railcar is assessed at origin and the Unloader of a railcars is assessed at destination 7
ITEM 415 RESPOT CHARGES When at the customer s request, SRY is requested to move a railcar(s) already on spot from one track to another or to a different point on the same track within a customer s facility or industry (intra-plant switching) a charge of $185.00 per car will be assessed to the party requesting or requiring the service A charge of $450.00 per car will be assessed when a customer releases a loaded or empty railcar and it has been pulled to one of SRY s staging yards and it is determined that the car has to be returned to the customers siding because one of the following conditions applies: Debris was left in or on the car. Railcar doors left open. It is determined that the load does not meet regulations. Car still loaded and was ordered out by customer in error. Or any other condition that requires the car to be returned to Customers Siding ITEM 420 SECURITY DEPOSIT SRY has the right to demand that a rail customer, responsible for the payment of Supplemental Services Charges, which has a history of delinquency or non-payment of charges, not in bona fide dispute, provide assurance for the timely payment of those charges. Such assurance will be required in one of the following forms: Payment upon incurrence of the charges by deposit with SRY of cash, letter of credit, surety bond or other suitable guarantee in the amount equal to average monthly Supplemental Service charge s bill, as calculated over the past six months. SRY will determine the suitability of the security tendered. All instruments on deposit are hereinafter referred to as security. If a supplemental services charge s bill incurred by a customer subject to the above stated security deposit requirement, not in bona fide dispute, is not paid when due, immediately thereafter, SRY will satisfy the bill by drawing against the security. Because deposits are established due to delinquencies or non-payment of supplemental services charges, no interest will be paid by SRY on any security deposited with it. It is within the discretion of the SRY to determine when issues of delinquency have been resolved and when the rail customer is no longer required to maintain a security deposit. Should rail service to the customer no longer be required, the security on deposit will be released and returned, upon satisfaction of all outstanding demurrage bills. 8
ITEM 425 SPECIAL SWITCH When, at a customer s request, SRY is required to provide service to that customer s siding outside of our regular service and providing that SRY is able to provide the requested service, subject to the availability of resources and capacity the rate to provide the additional switch will be $2600.00. ITEM 465 STOP OFF COMPLETION OF LOADING OR UNLOADING OF RAILCAR The charge for each stop-off will be $300.00 per car. The charge will apply whether the car(s) is set off the train or freight is permitted to be taken from or put into the car while standing on the train. Where shipments are forwarded in two cars (overflow or follow lot shipments and both cars are stopped in transit), the charge for stop-off service will be applied to each of the cars in the shipment. Where two cars are used in one shipment and but one car is stopped in transit the charge for stop-off service will be applied to the car which is stopped at the intermediate point. Charges for demurrage, diversion, or any other ancillary services that accrues as a result of the stop-off will be in addition to the stop-off charges named herein. TURNING RAILCARS FOR SAFE UNLOADING OR LOADING AT YOUR REQUEST ITEM 500 TURNING OF CARS If rail cars are received from connecting railroads and the customer is not able to unload or load them and the car requires to be turned, or when requested by the customer to turn the railcar(s) for loading or unloading, SRY will assess a charge of $350.00 to turn the car.. Exceptions No fees apply to commodities moving in staggered-door boxcars, bi-levels and tri-levels. NG RAILCARS FOR SAFE UNLOADING OR LOADING AT YOUR REQUEST ITEM 630 UNABLE TO ACCESS A CUSTOMER S FACILITY If for a reason, attributable to the customer, that SRY is not able to either pull or spot at a customer s siding railcar(s) under planned regular service SRY will assess a charge of $200.00 per car. If it is outside of regular service special service charge of up to $2600.00 may be assessed. Examples of this would be if customer s gate is closed, and we cannot reach the railcar or the track has a blue flag up. 9
ITEM 720 WEIGHING OR RE-WEIGHING CHARGES When a customer requests that a railcar be weighed or re-weighed charges will be as follows: Weighing (before placement) Light or Heavy: $165.00 Weighing (after placement): $440.00 ITEM 810 CARS HELD When a customer requests that a railcar be held that requires marshalling off a train a charge of $200.00 will be assessed in addition to applicable demurrage charges. 10
This tariff is applicable at points on Southern Railway of British Columbia Limited. RULES & REGULATIONS The provisions of this tariff shall supersede those published in other SRY tariffs unless specifically noted otherwise in the other tariff, and shall not supersede those published in contracts which are specific to either customers or locations on SRY. When reference is made in this tariff to items, notes, rules, other tariff, etc., such references are continuous and include supplements to and successive reissues of such. Definitions SRY s or railway cars shall extend to cars owned by SRY or operated similarly by other railways, unless stated otherwise. Station List: This tariff is governed by the OFFICIAL LIST OF OPEN AND PREPAY STATIONS, OPSL 6000 series. Capacities: For marked capacities, lengths, dimensions and cubic capacities of railcars, please see Official Railway Equipment Register, STB RER 6412 series, R. E. R. Publishing Corporation, Agent. For gallon capacities of tank railcars, see tariff WTL 6300 series. Standard carrier liability will apply, except as specified in individual tariffs and contracts. This includes publication such as siding agreements, storage tariffs, etc. Unauthorized use of railcars: After the original freight from a shipment has been unloaded from a railcar, it is strictly forbidden to reload the railcar without written authorization from SRY Public delivery or team tracks, including loading/unloading platforms and other structures, are available for use by SRY customers for non-hazardous commodities only on a shared usage basis, at the sole cost, risk, and expense of the customers using these facilities. Customers agree to indemnify, defend and hold SRY harmless from all claims, costs, and expenses, and assume all risk, responsibility and liability for death, personal injury, or property damage arising from, related to, or in any manner caused by, in whole or in part, the use of these facilities. SRY will not permit hazardous or dangerous commodities to be loaded or unloaded at public delivery or team tracks this includes shipments as described in the Directory of Hazardous Materials Shipping Instructions. Dangerous goods/hazardous materials means any commodity listed in any or all of the following: The Canadian Transportation of Dangerous Goods Act and Regulations; Title 49 CFR of the United States Code of Federal Regulations; The International Maritime Dangerous Goods Code (IMDG); Class A, B, and C explosives named in Part 172 commodity list; Tariff BOE 6000 series; all hazardous materials requiring the use of four-digit identification numbers on the shipping document, placards or panels as named in Section 172.101, Tariff BOE 6000 series; all bulk shipments, or shipments in containers which exceed 110-gallon capacity of hazardous materials, substances or wastes, as described in the Directory of Hazardous Materials Shipping Instructions. (To be continued on next page) 11
RULES AND REGULATIONS (continued) Claims: Claims for relief from Supplemental Service Fees based on the following conditions may be submitted to SRY in writing and state fully the conditions for which relief is claimed. Claims must identify railcars by number and be submitted to the railroad within 15 calendar days in connection with the following conditions: If due to floods, earthquakes, hurricanes, tornadoes or ice storms lasting in excess of two (2) days make it impossible for the shipper or consignee to load, unload, receive or make railcars available to SRY, the Supplemental Service fees that accrue as a direct result will be adjusted. If, through a SRY error, improper charges are assessed, such charges will be corrected 12