Common use of Hazmat Clause in Contracts

Hazmat. The Customer shall comply with all applicable laws and regulations to the transportation of hazardous materials as defined in 49 CFR § 172.800 and § 173 et seq. to the extent that any shipment constitute hazardous materials as designated under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of 49 CFR B(I). The Customer is obligated to inform eShipping immediately if any such shipments do constitute hazardous materials. It is the Customer’s responsibility to insure that any hazardous materials shipment is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of subchapter C of 49 CFR B(I) or an exemption or special permit, approval, or registration issued under subchapters A or C of 49 CFR B(I). When required, the shipper is responsible for ensuring that all of its employees involved in the preparation of Hazardous Materials for the transport are properly trained, tested, and certified in accordance with 49 C.F.R. Part 172.700 through 172.704, or with IATA (Section 1.5) and for ensuring that a program exists for the retraining, testing, and certification as required by these rules. All packaging used by the shipper for the transportation of Hazardous Materials, when required by regulation, must meet the requirements set forth in 49 CFR Part 173.24. Customer shall defend, indemnify and hold eShipping harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws and regulations.