Weighbridges and Overload Detectors Clause Samples
The "Weighbridges and Overload Detectors" clause establishes requirements for the use of equipment that measures the weight of vehicles or loads, such as weighbridges and overload detection systems. This clause typically mandates that vehicles transporting goods must be weighed to ensure they do not exceed legal or contractual weight limits, and may require the installation or use of specific devices to monitor and record these weights. By enforcing these measures, the clause helps prevent overloading, which can cause safety hazards, damage infrastructure, and result in legal penalties, thereby ensuring compliance and protecting all parties involved.
Weighbridges and Overload Detectors. (a) Where an operational Weighbridge or Overload Detector is located en route between Origin and Destination the Operator must use reasonable endeavours to operate its Trains over such Weighbridge or Overload Detector in a manner to facilitate weighing.
(b) Where a Weighbridge or Overload Detector is located en route between Origin and Destination, the Party responsible for that Weighbridge or Overload Detector (as specified in Part 6 of Schedule 2) must use reasonable endeavours to ensure that:
(i) such Weighbridge or Overload Detector is available; and
(ii) Trains are operated in a manner that the Weighbridge or Overload Detector weighs the Operator’s Trains.
(c) Aurizon Network may vary at any time the numbers and locations of Weighbridges and Overload Detectors, subject to providing reasonable notice to the Operator.
(d) The Operator must use reasonable endeavours to ensure that the mass of any Wagon or Train operated by it under this Agreement does not exceed the relevant Maximum Allowable Gross Tonnage.
(e) In the event that any Wagon or Train operated by the Operator is determined by a Weighbridge or Overload Detector to be in excess of the relevant Maximum Allowable Gross Tonnage, the Operator must reduce the gross mass to a level below the relevant Maximum Allowable Gross Tonnage. Aurizon Network may direct a Train to a specific siding or location to allow such reduction and the Operator shall comply with such direction. [Bracketed text in (f) and (g) to be deleted where the End User is paying all Access Charges]
(f) In the event that any Wagon operated by the Operator is determined to be in excess of the relevant Maximum Desirable Gross Tonnage, Aurizon Network may:
(i) [charge the Operator (and the Operator must pay) an Overload Charge (in accordance with Part 6 of Schedule 3) in respect of that Wagon; and]
(ii) impose any Operational Constraints which Aurizon Network considers to be reasonable in the circumstances.
(g) [The Weighbridges to be used by Aurizon Network in the calculation of Access Charges are those specified in Part 6A of Schedule 2.]
(h) Where the Operator’s Trains are weighed by an operational Weighbridge or Overload Detector, the Party responsible for the Weighbridge or Overload Detector as specified in Part 6B of Schedule 2 must use reasonable endeavours to:
(i) keep a record of the gross mass of each loaded Wagon and Train (and the Operator must use reasonable endeavours to ensure such information is obtained from the operato...
Weighbridges and Overload Detectors. (a) The Weighbridges to be used by Aurizon Network in the calculation of Access Charges are those (if any) specified in item 6.1 of schedule 3.
Weighbridges and Overload Detectors. [This clause is to be deleted where End User is only paying TOP Charges.]
Weighbridges and Overload Detectors. (a) [The Weighbridges to be used by Aurizon Network in the calculation of Access Charges are those (if any) specified in item 5.1 of schedule 3].[This clause to be deleted where End User is paying all Access Charges.]
(b) Where a Weighbridge or Overload Detector is located en route between an Origin and Destination for a Train Service Type:
(i) the Party responsible for that Weighbridge or Overload Detector (as specified in item 5 of schedule 3) must use reasonable endeavours to ensure that such Weighbridge or Overload Detector is operational, calibrated and available to weigh Trains operated over such Weighbridge or Overload Detector; and
(ii) the Operator must use reasonable endeavours to operate its Trains over such Weighbridge or Overload Detector in a manner so that the Weighbridge or Overload Detector weighs the Operator’s Trains.
(c) Aurizon Network may vary at any time the numbers and locations of Weighbridges and Overload Detectors, subject to providing reasonable notice to the Operator.
Weighbridges and Overload Detectors. (a) Notwithstanding any other provision in this Agreement, neither Party will be liable to the other for any damage, loss, cost or expense that the other may suffer or incur as a result of that Party, in good faith, acting on the basis of any mass determined in accordance with a Train Operations Agreement.
(b) Notwithstanding any other provision in this Agreement, neither Party shall have any Claim against the other Party as a result of or arising from any delay to or cancellation of Train Services as a result of the operation of Clause 3(i) of the General Conditions of Contract of a Train Operations Agreement.
Weighbridges and Overload Detectors. (a)
(a) Where an operational Weighbridge or Overload Detector is located en route between Origin and Destination the Operator must use reasonable endeavours to operate its Trains over such Weighbridge or Overload Detector in a manner to facilitate weighing. (b) (b) Where a Weighbridge or Overload Detector is located en route between Origin and Destination, the Party responsible for that Weighbridge or Overload Detector (as specified in Part 6 of Schedule 2) must use reasonable endeavours to ensure that:
(i) (i) such Weighbridge or Overload Detector is available; and (ii) (ii) Trains are operated in a manner that the Weighbridge or Overload Detector weighs the Operator’s Trains. (c) (c) QRAurizon Network may vary at any time the numbers and locations of Weighbridges and Overload Detectors, subject to providing reasonable notice to the Operator. (d) (d) The Operator must use reasonable endeavours to ensure that the mass of any Wagon or Train operated by it under this Agreement does not exceed the relevant Maximum Allowable Gross Tonnage.
Weighbridges and Overload Detectors. (a) [The Weighbridges to be used by Aurizon Network in the calculation of Access Charges are those (if any) specified in item 6.1 of schedule 3].[This clause to be deleted where End User is paying all Access Charges.]
(b) Where a Weighbridge or Overload Detector is located en route between an Origin and Destination for a Train Service Type:
(i) the Party responsible for that Weighbridge or Overload Detector (as specified in item 6 of schedule 3) must use reasonable endeavours to ensure that such Weighbridge or Overload Detector is available; and
(ii) the Operator must use reasonable endeavours to operate its Trains over such Weighbridge or Overload Detector in a manner so that the Weighbridge or Overload Detector weighs the Operator’s Trains.
(c) Aurizon Network may vary at any time the numbers and locations of Weighbridges and Overload Detectors, subject to providing reasonable notice to the Operator.
Weighbridges and Overload Detectors. WEIGHBRIDGES CERTIFIEDVERIFIED FOR BILLING PURPOSES: Location Owner/OperatorPers on responsible for Weighbridge Weighbridge “In Motion Trade Certificate” Electronic Weighing and Billing [QR Network / End User/ Operator] The tolerances are those required to achieve certification.
Weighbridges and Overload Detectors. (a) Where an operational Weighbridge or Overload Detector is located en route between Origin and Destination the Operator must use reasonable endeavours to operate its Trains over such Weighbridge or Overload Detector in a manner to facilitate weighing.