New Intermodal Seal Requirements - Effective December 5, 2022

Announcement Number: IM2022-139
Categories: All Intermodal
Posted Date: October 5, 2022

Dear Premium Customer, 

In order to reduce industry thefts, Union Pacific will require theft-deterrent or barrier seals (minimum 1/8 cable or bolt seal) on intermodal shipments beginning December 5, 2022. This requirement is to provide the highest level of protection from unauthorized entry into intermodal containers or trailers during all levels of logistic transportation from the shipper. The required seals are designed to prevent entry to the intermodal container or trailer with ordinary seal removal techniques, such as bolt cutters. The minimum seal requirement of 1/8 cable or bolt seal will add another layer of theft protection along with delaying and preventing easy access to shipments during transport. 

Effective December 5, 2022, the following items will be modified in Union Pacific’s Intermodal Terms and Conditions (ITC). 

SECTION D.3:

Equipment Seals. For shipments on UP, customer must provide, at a minimum, a HV ISO/PAS 17712:2010 bolt or cable seal (1/8 width minimum), which must be approved by Union Pacific for theft deterrent, on the primary door hasp. Tin or plastic seals are not considered high security and are not approved by Union Pacific for theft deterrent, therefore these seal types cannot be used for seal securement on either the primary or secondary door hasp. UP reserves the right to reject any Intermodal Unit that is not properly sealed. UP will not be responsible for any claims of loss, Damage or delay that arise from an Intermodal Unit that is not properly sealed at origin.

SECTION F.2.c:

c. Seals and Security Devices; Shortage. In line with minimum requirements set forth by UP, Customer must determine the type of protection necessary to protect its Shipments, including, but not limited to, the use of seals and security devices.  UP does not apply seals unless UP becomes aware that a seal is missing or broken, nor does UP determine whether seals or security devices applied by Customer or others on its behalf are appropriate or adequate, except in the case of Commodity contamination. UP does not, in any case, inspect Shipments for seal integrity. In the event that a seal or a security device is broken or missing, the absence or breach of a seal or security device will not create a presumption of Commodity contamination or theft without actual physical evidence. Customer must include documentation of the application of seals or security devices at origin and the seal number(s) in any claim for Commodity loss or Damage relating to contamination. Customer must include documentation of the application of seals or security devices at origin and actual loading and unloading records along with destination photos in any claim for Commodity loss or Damage relating to shortage. UP shall not be liable for shortage of Commodity unless there is physical evidence of unauthorized entry into the containers and trailers while it was in the possession of UP; provided that Customer also proves the quantity and condition of the Commodity within the sealed containers and trailers at the time that UP first took possession of the containers and trailers. 

We will also clarify language pertaining to liability on prohibited and restricted commodities. 

ATTACHMENT B, SECTION C.3

3. Liability. With respect to Shipments of any of the articles set forth in Sections C.1 or C.2 above, UP will not be responsible for any cargo loss or Damage ($0 for any cargo loss or Damage) associated with any such article, and Customer agrees to indemnify, defend and hold UP harmless from and against any Damages resulting from or arising out of the Customer’s transportation of any such article(s). UP reserves the right to refuse Commodities in addition to those listed in this Section C at its sole discretion. Restricted articles will not be permitted under FAK rates. If restricted articles are found to be moving under FAK rates, such articles will be considered contraband, and UP will not be liable for any Damages to any such articles. All restricted articles must use the correct STCC. 

As a reminder, there is a new notification option available for intermodal customers to receive when a container seal is broken or missing. Customers will receive an email notification if a Union Pacific employee identifies an issue with a seal or if an inspection of the container was conducted and the seal was breached. Learn more here.

Sincerely,

Premium Marketing and Sales