Revised 03 February 2009
SCHEDULE A “RULES TARIFF”
ITEM 1. MAXIMUM CARGO WEIGHTS FOR 20' AND 40' CONTAINERS:
20' STANDARD = 40,000 LBS 40' STANDARD = 47,500 LBS 20’ SLIDER = 42,000 LBS 40’REEFER = 43,500 LBS
20’TRI AXLE = 47,500 LBS 40’ FLAT RACK = 38,000 LBS 20’ REEFER = 34,000 LBS 40’ TANKER = 38,000 LBS
ITEM 2. EXCESS WEIGHT: All weight in excess of 44,000 LBS on standard equipment or customers provided tri axle will have an additional charge of ten (10) cents per 1,000 LBS per mile. Excess weight charges, tire repair and slung cap replacement costs shall be for the account of the party paying the freight.
ITEM 3. OVERWEIGHT CITATIONS: Overweight citations / fines shall be for the account of the party paying the freight and will be assessed a handling charge of 2 % of the amount of the citation / fine, with a minimum handling charge of $20.00.
ITEM 4. OVERWEIGHT PERMITS: Overweight permits can be obtained in various states, however each state has different rulings and charges. Please contact the terminal if arrangements need to be made for a movement. Charges shall be for the account of the party paying for the freight and such charge shall be at a rate made exclusively by the Motor Carrier.
ITEM 5. BRIDGE AND TUNNEL TOLLS: Where the carrier has to pay tolls, such as in the states of Pennsylvania , New York , New Jersey , Virginia , Florida , Maryland , etc., such tolls shall be reimbursed by the party paying the freight.
ITEM 6. TEMPERATURE CONTROL EQUIPMENT: The motor carrier assumes no responsibility for any mal-function or repair of refrigerated equipment except for fueling. Please add five (5) percent surcharge to the rate for cargo hauled that requires refrigerated equipment, with a minimum charge of $50.00.
ITEM 7. CONTAINER LOADING/UNLOADING: Drivers are not required to assist with loading, unloading or counting of freight. Container doors shall not be opened nor closed by the driver. All container loads are shipper load or consignee unload and shippers count.
ITEM 8. OUT OF ROUTE MILES: Motor carrier will, if requested, operate over a given route at the request of the consignor, consignee, or their agents; likewise, should the nature of the cargo or equipment require an alternate route because of safety, legal or insurance requirements. If the mileage via such route exceeds the shortest route between origin and destination, the excess mileage will be charged at $1.50 per mile, in addition to other applicable charges.
ITEM 9. STOP-OFF IN TRANSIT FOR PARTIAL LOADING/UNLOADING, INSPECTION AND/OR TRANSFER OF CONTAINER OR CHASSIS: A total of two stops in transit, in addition to final pick-up and delivery, will be permitted. The charge for each stop will be $70.00 in addition to all other applicable charges plus detention time charges in excess of 60 minutes free time each stop.
ITEM 10. DEMURRAGE (STORAGE CHARGED TO STEAMSHIP LINE BY PORT): Under no circumstances shall the Motor carrier be responsible for demurrage unless agreed to in writing prior to pick-up of container.
ITEM 11. DETENTION (WAITING TIME WITH DRIVER): This item applies when carriers' vehicles, or power units, are delayed or detained by the shipper, consignee or their representative on the premises designated by them. When the delay per vehicle beyond free time is one (1) hour or less, the charge will be $60.00. For each additional thirty (30) minutes or fraction thereof beyond one hour, the charge will be $30.00.
FREE TIME: 120 minutes.(NOTE: On stop-offs and on container moves under 100 miles the maximum free time will be 60 minutes.)
LAYOVER: When through no fault of the carrier, the container has not been released at the close of the normal work day by the shipper/consignee, the motor carrier will at the request of the shipper/consignee detain the equipment overnight and report for loading/unloading at 8:00AM the following morning. The daily charge therefore will be $250.00, in addition to all other charges, plus detention time charges.
ITEM 12. WEIGHT VERIFICATION: Carrier will verify the weight of any shipment upon the request of the consignor / consignee. A charge of $50.00 (or actual charges, whichever is greater) per vehicle will be paid for such verification by the requesting party.
ITEM 13. REMOVING AND RESPREADING TARPAULIN: Carrier will upon request assist in removing and respreading tarpaulin. The charge for such service will be $200.00 for 40' equipment and $150.00 for 20' equipment. If the Motor carrier is requested to remove or respread the tarpaulin without assistance, the charge will be $300.00 for 40' equipment and $200.00 for 20' equipment. Payment for these charges shall be on a C.O.D. basis paid directly to driver at the time of request.
ITEM 14. SPOTTING OF HIGHWAY INTERMODAL VEHICLES: Where the motor carrier is requested by the water carrier to spot or retrieve a container/chassis at the customer's premises or any other location for the purpose of loading, unloading, inspection or any other function not directly and personally supervised by the motor carrier, the water carrier assumes all responsibility for per diem charges, equipment damages and any other claim by any party. By such request, the highway intermodal vehicle shall be considered not in possession or control of the motor carrier at any time while the highway intermodal vehicle remains detached from the motorized truck operated by the motor carrier. This rule overrides any other agreement to the contrary.
ITEM 15. HAZARDOUS MATERIAL: A surcharge for 10% for 20' and 20% for 40' containers shall be added to the base rate.
ITEM 16. CREDIT TERMS: Payment for services performed by the Motor Carrier must be paid to the Motor Carrier by the party paying the freight at time of shipment unless a different payment schedule is agreed to in writing by the Motor Carrier. There can be no offset to Motor Carrier's freight charges under any circumstances except where a monetary judgment has been obtained from a Court of Law. Where motor carrier’s invoices for previous service performed by the motor carrier remain unpaid for 10 consecutive days after written notification of demand for payment (certified or registered mail) to the party responsible for making payment, the motor carrier may retain all cargo and property of the debtor in the possession of the motor carrier until said invoices are paid to the motor carrier. Recovery of cargo and property can not be had by any party until complete payment of previous invoices has been made to the motor carrier.
ITEM 17. LATE ARRIVAL: Under no circumstances shall the motor carrier be liable for any charges or costs because of late arrival of intermodal equipment at shipper/consignee premises nor liable for any charges or billing assessed by the Port or Steamship Line for late arriving water carrier equipment in meeting vessel close-out.
ITEM 18. VEHICLE ORDERED – NOT USED. Where through no fault of the motor carrier, the party requesting pick up or positioning of a chassis/container to or from any location, cancels the use of the equipment so requested at any time after the motor carrier comes into possession of the equipment, the full rate for the original move shall be applied. The party responsible for paying the freight shall be invoiced as though the original move had been completed by the motor carrier for the account of the cargo.
ITEM 19. CONTAINER DELIVERY / BREAKING OF SEAL. The motor carrier’s driver, when directed to deliver a container to a given premises, is not required to remove nor affix a container door seal. Once the seal is removed, such removal shall be considered a complete delivery of the cargo and container “as is” and the carrier’s bill of lading concluded. The driver is not required thereafter to reposition the container/chassis, nor open the container doors, nor back the container against a dock. A party so requesting any type service by the driver after the seal has been removed shall assume all risks pertaining to injury, accident and damage, shall indemnify the driver and motor carrier for any and all claims resulting from such additional service so provided by the driver.
ITEM 20. LIMITED CARGO LIABILITY CLAIMS. Payment for cargo loss or damage shall be limited to $1.25 per pound where the motor carrier through its negligence is responsible for such loss or damage. If agreed between shipper and Motor Carrier in writing, a higher limitation per shipment may be available but shall be limited to the maximum amount of Motor Carrier’s cargo liability insurance coverage per vehicle. Special damages caused by a delay in delivering are specifically excluded except where (a) shipper or consignee provides written notice to Motor Carrier’s Claims department manager (by fax only) prior to tender of shipment that special damages will be caused by delay in delivery and Carrier’s Claims department manager provides a written reply to shipper or consignee by fax prior to tender of shipment accepting responsibility for such special delay liability. Motor Carrier thereupon shall have the option to accept the shipment or refuse to accept the shipment. In the event the Motor Carrier agrees to accept such special damage liability shipment, the shipper or its agent shall provide written notice on the bill of lading at the time of tender to Motor Carrier that special damages will be caused by delay in delivery as agreed by Motor Carrier’s Claims Department manager. This type of shipment shall be considered as “Expedited Service”.
ITEM 21. EXPEDITED SERVICES. Where the Motor Carrier guarantees at the request of the Shipper or Consignee to a delivery time to meet any special circumstance under a penalty to the Motor Carrier for delay or non-delivery for reasons other than that caused by an act of God, the public enemy, the authority of law, or actions or omissions of a third party, or the act or default of the shipper, or owner; the shipment shall bear a surcharge of an additional $1.50 per loaded mile traveled by Motor Carrier motorized equipment in addition to all other charges and shall be paid by the party requesting the service. Failure of Motor Carrier to perform as guaranteed will cancel the surcharge and such cancellation of such surcharge shall be considered as payment of liquidated damages and shall cover all compensatory and consequential damages suffered by Shipper, Consignee, their agent, owner of the cargo, or third parties. (Minimum expedited service charge $300 per shipment)
ITEM 22. BILL OF LADING. All terms and condition of the Standard Truckload Bill of Lading shall apply to all shipments tendered to the Motor Carrier unless specifically waived by the contents of this “Rules Tariff”.
(c) where carrier has attempted to follow the procedure set forth in subsections 4(a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law. When perishable goods cannot be delivered and disposition is not given within a reasonable time, the carrier may dispose of property to the best advantage.
(d) Where a carrier is directed by consignee or consignor to unload or deliver property at a particular location where consignor, consignee, or the agent of either, is not regularly located, the risk after unloading or delivery shall not be that of the carrier.
Sec. 5 (a) In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum recoverable amount for loss or damage, whether or not such loss or damage occurs from negligence.
(b) No carrier hereunder will carry or be liable in any way for any documents, coin money, or for any articles of extraordinary value not specifically rated in the published classification or tariffs unless a special' agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Sec.6. Every party, whether principal or agent, who ships explosives or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss or damage caused by such goods. Such goods may be warehoused at owner's risk and expense or destroyed without compensation.
Sec.7. (a) The consignor or consignee shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected, except that collect shipments may move without recourse to the consignor when the consignor so stipulates by signature or endorsement in the space provided on the face of the bill of lading. Nevertheless, the consignor shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by the consignor.
(b) Notwithstanding the provisions of subsection (a) above, the consignee's liability for payment of additional charges that may be found to be due after delivery shall be as specified by 49 U.S.C. §13706, except that the consignee need not provide the specified written notice to the delivering carrier if the consignee is a for-hire carrier.
(c) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of articles or other information on this bill of lading is found to be incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.
Sec.8. If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature on the prior bill of lading or in connection with the prior bill of lading as to the statement of value or otherwise, or as to the election of common law or bill of lading liability shall be considered a part of this bill of lading as fully as if the same were written on or made in connection with this bill of lading.
Sec.9. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the "Carriage of Goods By Sea Act" and any other pertinent laws applicable to water carriers.
A UNIFORM BILL OF LADING TERMS AND CONDITIONS
Sec.1. (a) The carrier or the party in possession of any of the property described in this bill of lading shall be liable as at common law for any loss thereof or damage thereto, except as hereinafter provided.
(b) No carrier shall be liable for any loss or damage to a shipment or for any delay caused by an Act of God, the public enemy, the authority of law, or the act or default of shipper. Except in the case of negligence of the carrier or party in possession, the carrier or party in possession shall not be liable for loss, damage or delay which results: when the property is stopped and held in transit upon request of the shipper, owner or party entitled to make such request; or from faulty or impassable highway, or by lack of capacity of a highway bridge or ferry; or from a defect or vice in the property; or from riots or strikes. The burden to prove freedom from negligence is on the carrier or the party in possession.
Sec.2. Unless arranged or agreed upon, in writing, prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport with reasonable dispatch. In case of physical necessity, carrier may forward a shipment via another carrier.
Sec.3. (a) As a condition precedent to recovery, claims must be filed in writing with: any participating carrier having sufficient information to identify the shipment.
(b) Claims for loss or damage must be filed within nine months after the delivery of the property (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
(c) Suits for loss, damage, injury or delay shall be instituted against any carrier no later than two years and one day from the day when written notice is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier shall be liable, and such claims will not be paid.
(d) Any carrier or party liable for loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected, upon or on account of said property, so far as this shall not avoid the policies or contracts of insurance, PROVIDED, that the carrier receiving the benefit of such insurance will reimburse the claimant for the premium paid on the insurance policy or contract.
Sec. 4 (a) If the consignee refuses the shipment tendered for delivery by carrier or if carrier is unable to deliver the shipment, because of fault or mistake of the consignor or consignee, the carrier's liability shall then become that of a warehouseman. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the shipper or the party, if any, designated to receive notice on this bill of lading. Storage charges, based on carrier's tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the carrier's option, in any location that provides reasonable protection against loss or damage. The carrier may place the shipment in public storage at the owner's expense and without liability to the carrier.
(b) If the carrier does not receive disposition instructions within 48 hours of the time of carrier's attempted first notification, carrier will attempt to issue a second and final confirmed notification. Such notice shall advise that if carrier does not receive disposition instructions within 10 days of that notification, carrier may offer the shipment for sale at a public auction and the carrier has the right to offer the shipment for sale. The amount of sale will be applied to the carrier's invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership.