GOVERNING PUBLICATIONS
Shipments
transported by Carrier shall be subject to each and every term and
condition of the Uniform Strait Bill of Lading.
The terms and conditions of the bill of lading shall apply
notwithstanding delivery receipt to the contrary and shall supersede all
other documents. Drivers
sign non-conforming documents as receipt of goods only.
National
Motor Freight Classifications, Summary of Service Conditions.
See www.harristransport.com
or
www.titantransportllc.com
(for
both Titan Transport LLC and Veterans Express Transport Systems)
for further information.
Where
rates are set forth in cents-per-mile, mileage shall be determined from
origin to destination via intermediate points utilizing the following
mileage guide:
Latest Version of PC Miler
DEFINITIONS
(A)
A shipment is a tender of freight received from one consignor, at
one time, at one place, destined to one consignee at one location, and
covered by one bill of lading.
(B)
Carrier shall be named on the bill of lading as the origin carrier of
all shipments.
(C)
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 a shipment with
dispatch, as that term s defined at common law.
Carrier shall not be responsible for special or consequential
damages resulting from delayed delivery.
(D)
Spot rate shall mean a rate agreed upon by only shipper and carrier as
applicable to a single shipment or, if in writing, a limited number of
shipments representing a continuous number of shipments arranged at a
single time with a single offer and a single acceptance.
MILEAGE CALCULATIONS
When rates are dependent of mileage, PC Miler
will be used. All shippers
requiring special routings, including but not limited to hazardous
materials and overweight or over-dimensional loads will be billed based
on the shortest lawful or practical routing.
TRUCKLOAD SERVICE REQUIREMENT
Carriers service on behalf of shipper shall be
exclusively a truckload service and all shipments shall be transported
from origin to destination without co-loading with any other shipper’s
lading or transferring a shipment, or a portion of a shipment, between
carrier’s or other’s equipment for carrier’s convenience, except
when a transfer of a shipment is required to meet the transit
requirements of shipper and for no other reason.
The
maximum shipment per vehicle used shall not exceed 44,000 lbs. Or full
visible capacity of trailer without special agreement.
An additional charge of $.04 per mile per 1,000 lbs will be
assessed in addition to the per mile rate.
SIMPLIFIED PRICING
All shipments are rated as standard pricing for
named customers and are subject to a maximum cargo liability of $2.50
per pound per article or $100,000 per truckload shipment, whichever is
less.
ALTERNATIVE RATES AVAILABLE
Shippers
may obtain rates for shipments with higher actual values than those
indicated in Item 150
from carrier’s Director of Pricing by calling 704-289-5447.
Any such alternative rate shall be reflected by the insertion of
the higher release value and appropriate Tariff item on the bill of
lading at the time of pick-up.
INADVERTENCE CLAUSE
If a shipper declares a value exceeding $2.50 per
pound per article or $100,000 per truckload without insertion of the
corresponding Tariff item, the shipment will not be accepted, but if the
shipment is inadvertently accepted, it will be considered as being
released to a value of $2.50 per pound or $100,000 per truckload,
whichever is less, and the shipment will move subject to limitation of
liability.
Item 175
Inside Delivery Charge
When at the request of the shipper, a driver
performs an inside delivery, the charge shall be an additional $35.00
per delivery address. The notation "Inside Delivery
Authorized" with date and clear signature of authorizing person,
must be so noted on the Bill of Lading
CANCELING ORIGINAL AND REVISED PAGES,
EXCEPT THE TITLE PAGE
When
this Tariff is formally amended by revised pages, the cancellation of
prior pages will be effected by means of this Item.
A revised page will not show a cancellation notice.
Revisions of each page will be filed in numerical sequence.
Except where specific cancellation is shown on a new revised page,
a revised page cancels any and all un-cancelled revised or original pages,
or un-cancelled portions thereof, which bears the same page number (see
EXCEPTION). For example: “1st Revised Page 10” for a
particular shipper will have the effect of canceling Original Page 10,
“5th Revised Page 12” will have the effect of canceling 4th
Revised Page 12.
COMMODITY LIMITATIONS
Carrier does not hold out to
transport jewelry, objects d’art, currency, documents, and items of
unusual value or rare metals. Inclusion of any of these or similar items
within a load not prominently declared on the Bill of Lading
with a full description and certified appraised value declaration, does
not create any liability to carrier for loss, damage or other peril
for any reason whatsoever.
Item 195
Container Per Diem or Storage
Charges
Carrier will not be responsible for
any per diem and /or storage charges resulting from such events as Port
Gate closures, Labor Disruptions, unanticipated equipment diversions,
terminal congestion and week-ends or Holidays.
All Containers are to be live
unloaded. Any other arrangements are strictly between Consignee and
the Container Lines/Chassis Provider in use at the time and will result in
no additional charges to Carrier.
If the receiving party requires a
"drop and Hook" or "Store Door Delivery" which
agreement stipulates that the Carrier will leave one container at a
designated location and pick up an empty or loaded container for return to
the port or designated container yard, "CY Yard", the consignee
or appointed warehouse will be liable for any and all extra charges that
the above process incurs. It will be the receiving party's
responsibility to notify the proper carrier once the container is in a
timely manner for pick-up with no exceptions. If there is no billable
designated load that is available for delivery to the Consignee at the
time that Carrier is notified of a return to port the Consignee will be
responsible for the same customary round trip rate.
Any changes to the agreed mode of
delivery caused by the consignee or delivery location with Carrier where
additional charges occur, will be due and payable by the Consignee of
record.
Per Diem and/or Storage
charges will be billed to the responsible party and be due and payable for
the actual amount plus a 15% administrative fee.
Carrier is not responsible for any
per diem and/or storage charge(s) on pool equipment or on equipment held
or stored a facilities so designated by customer, consignee or container
company to accommodate customer.
Item 196
Chassis Rental/Use
Chassis for Containers or other uses
may be provided by carrier, subject to availability, at the charge listed
below:
20' Tandem Chassis $125.00
20' Tri-Axel Chassis $175.00
40' Tandem Chassis $125.00
40' Tri-Axel Chassis $175.00
Chassis used, held or otherwise
delayed longer than 24hrs will be billed $50.00 per day additional.
Item 197
After Hours Pick-up
Loads scheduled at or between the
hours of 6PM to 6AM will be charged an additional $50.00 per load
Any Pick-ups or Deliveries required
on Saturday or Sunday will be charged an additional $75.00 per load.
Item 198
Storage of Sealed Loads
Non-refrigerated Containerized units
(on wheeled chassis) may be stored at Carriers's facility at a charge of
$25.00 per unit per calendar day regardless of the total time in any 24
hour calendar day the container is a the Carrier's facility.. Carrier will
not be responsible for any per diem charges resulting from storage at
their facility.
Carrier is nor responsible for any
shortage claims unless the seal is breached while in the care and custody
of the Carrier. Yard storage is subject to Carrier convenience and
space availability. High Value loads will not be stored at Carrier
yard overnite.
CLAIMS, LOSS AND DAMAGE
Application
The
provisions of Items 200-215
are filed in compliance with Federal Claim, Loss and Damage Regulations,
and these Items shall govern the investigation and disposition of claims
for loss, damage, injury or delay to property transported or accepted for
transportation in interstate or foreign commerce, including exempt as well
as regulated shipments.
CLAIMS, LOSS AND DAMAGE
Filing of Claims
(A)
Claims in writing are required within nine (9) months from the date
of delivery or a reasonable time during which delivery should have been
accomplished. A claim for
loss, damage, injury or delay to cargo shall not be voluntarily paid by
carrier unless filed in writing, as provided in subparagraph (b) of this
Item with carrier within the specified time limits applicable thereto and
as otherwise may be required by law, the terms of the bills of lading or
other contract of carriage, and all tariff provisions applicable thereto.
Claims for concealed damages will be submitted to carrier with
forty-eight (48) hours of delivery. Any
suit to recover loss of damage or delay to cargo must be instituted no
later than two years and one day after the claim is denied.
(B)
Minimum
filing requirements. A
communication in writing from a claimant, filed with carrier within the
time limits specified in the bill of lading or contract of carriage or
applicable contract between carrier and shipper and (1) containing facts
sufficient to identify the shipment (or shipments) of property involved;
(2) asserting liability for alleged loss, damage, injury or delay; and (3)
making claims for the payment of a specified or determinable amount of
money, shall be considered as sufficient compliance with the provisions
for filing claims embraced in the bill of lading or contract of carriage
or applicable contract between carrier and shipper.
(C)
Documents
not constituting claims such as bad order reports, appraisal reports of
damage, notations of shortages or damage, or both, on freight bills,
delivery receipts, or other documents, or inspection reports issued by
shipper or its inspection agency, whether the extent of loss or damage is
indicated in dollars and cents or otherwise shall, standing alone, not be
considered by carrier as sufficient to comply with the minimum claim
filing requirements specified in subparagraph (b) above.
(D)
Claims
filed for uncertain amounts. Whenever
a claim is presented against carrier for an uncertain amount such as
“$100 more or less,” carrier shall determine the condition of the
baggage or shipment involved at the time of delivery by it, if it was
delivered, and shall ascertain as nearly as possible the extent, if any,
of the loss or damage for which it may be responsible.
It shall not, however, voluntarily pay a claim under such
circumstances unless and until a formal claim in writing for a specified
or determinable amount of money shall have been filed in accordance with
the provisions of subparagraph (b) above.
CLAIMS, LOSS AND DAMAGE
Acknowledgment of Claims
(A)
Carrier
shall, upon receipt in writing of a proper claim in the manner and form
described in these regulations, acknowledge the receipt of such claim in
writing to the claimant within thirty (30) days after the date of its
receipt by carrier unless carrier shall have paid or declined such a claim
in writing within thirty (30) days of the receipt thereof.
Carrier shall indicate in its acknowledgment to the claimant what,
if any, additional documentary evidence or other pertinent information may
be required by it to further process the claim as its preliminary
examination of the claim, as filed, may have revealed.
(B)
Carrier
shall, at the time each claim is received, create a separate file and
assign thereto a specific unique claim file number and note that number on
all documents filed in support of the claim and all records and
correspondence with respect to the claim, including the written
acknowledgment of receipt and, if in its possession, the shipping order
and delivery receipt, if any, covering the shipment involved at the time
such claim is received, carrier shall cause the date of receipt to be
recorded on the face of the claim document, and the date of receipt shall
also appear in carrier’s written acknowledgment of receipt to the
claimant.
CLAIMS, LOSS AND DAMAGE
Investigation of Claims
(A)
Prompt investigation is required.
Each claim filed against carrier in the manner prescribed herein
shall be promptly and thoroughly investigated if investigation has not
already been made prior to receipt of the claim.
Unless perishable commodities are involved, the shipper or
consignee in possession shall afford carrier five (5) days to inspect any
damaged shipment prior to dispensation.
(B)
Supporting
documents. When a necessary
part of any investigation, each claim shall be supported by the original
bill of lading, evidence of the freight charges, if any, and either the
original invoice containing invoice value, a photographic copy of the
claim to be true and correct with respect to the property and value
invoiced in the claim; or certification of prices or values, with trade or
other discounts, allowances or deductions of any nature whatsoever and the
terms thereof, or depreciation reflected thereon; provided, however, that
where the property shows on the bill of lading or where the invoice does
not show price or value, or where the property involved has not been sold,
or where the property has been transferred at bookkeeping values only,
carrier shall, before voluntarily paying a claim thereon, require the
claimant to establish the destination value in the quantity shipped,
transported, or involved and certify the correctness thereof in writing or
show an alternative applicable value arising by reason of alternatively
applicable contract terms.
(C)
Verification
of loss. A prerequisite to
the voluntary payment by carrier of a claim for loss of an entire package
or an entire shipment shall be the securing by it of a certified statement
in writing from the consignee of the shipment involved that the property
for which the claim is filed has not been received from any other source.
CLAIMS, LOSS AND DAMAGE
Disposition of Claims
Carrier shall pay, decline, or make
a firm compromise settlement offer in writing to the claimant within one
hundred twenty (120) days after receipt of the claim by carrier; provided,
however, that if the claim cannot be processed and disposed of within 120
days, after expiration of each succeeding sixty (60) day period while the
claim remains pending, carrier shall advise the claimant in writing of the
status of the claim and the reason for delay in making final disposition
thereof and it shall retain a copy of each such advice to the claimant in
its claim file thereon.
CLAIMS, LOSS AND DAMAGE
Salvage
(A)
Whenever property transported by carrier is damaged or alleged to
be damaged and is, as a consequence thereof, not delivered or is rejected
or refused upon tender thereof to the owner, consignee, or person entitled
to receive such property, carrier, after giving due notice, wherever
practicable to do so, to the owner and other parties that may have an
interest therein, and unless advised to the contrary after giving such
notice, shall undertake to sell or dispose of such property directly or by
the employment of a competent salvage agent.
Carrier shall only dispose of the property in a manner that will
fairly and equally protect the best interests of all persons having an
interest thereon. Carrier
shall make an itemized record sufficient to identify the property involved
so as to be able to correlate it to the shipment or transportation
involved, and claim, if any, filed thereon.
Carrier shall also assign to each lot of such property a successive
lot number and note that lot number on its record of shipment and claim,
if any claim is filed thereon.
(B)
Whenever disposition of salvage material of goods shall be made
directly to an agent or employee of carrier or through a salvage agent or
company in which carrier or one or more of its directors, officers, or
managers has any interest, financial or otherwise, carrier’s salvage
records shall fully reflect the particulars of each such transaction or
relationship, or both, as the case may be.
(C)
Upon receipt of a shipment on which salvage has been processed in
the manner herein before prescribed, carrier shall record on its claim
file thereon the lot number assigned, the amount of money recovered, if
any, from the disposition of such property, and the date of transmittal of
such money to the person or persons lawfully entitled to receive the same.
COLLECTION AND PAYMENT OF
CHARGES
(A)
Upon taking precautions deemed by carrier to be sufficient to
assure payment of charges within the credit period herein specified,
carrier shall make delivery of freight in advance of the payment of
charges thereon and will extend credit in the amount of such charges to
those who undertake to pay them for a period of thirty (30) days, or as
otherwise agreed to with shipper in writing, excluding Sundays and legal
holidays, from the presentation of the freight bill.
(B)
Carrier will assess one and one-half percent (1 ½ %) per month on
any outstanding indebtedness for collection, handling, late fees and
interest. In the event
carrier deems it necessary to retain the services of legal counsel to
collect any outstanding indebtedness, shipper shall pay attorney’s fees
in the amount of $300.00 or thirty-five percent (35%), whichever is
greater.
(C)
Carrier does not employ property brokers or other intermediaries as
its agents for the solicitation of shipments or the collection of freight
charges. Carrier will invoice
the shipper’s broker, bank or other agent for freight charges.
Carrier reserves the right to bill and collect freight charges from
the shipper on prepaid shipments or he consignee on collect shipments in
the event full payment of freight charges is not received pursuant to
third party billing.
(D)
In addition to the carrier’s lien rights contained in 49 USC
80110, carrier reserves a possessory lien on subsequent shipments for past
due freight charges.
(E)
Priority of Freight Charge Obligation.
When arrangements or contracts are made with intermediaries for
transportation services provided by carrier and the arranging party in
turn bills the shipper or beneficial owner of the goods for freight
charges inclusive of carrier’s rates, the following rules shall apply:
(1)
The intermediary will seek freight charges, segregating money due
owing to carrier from other accounts and constructive trust.
(2)
Intermediary will pay carrier without offset from funds received
and shall not commingle, pledge, encumber or hypothecate funds received by
it intended for payment of freight charges to carrier.
(3)
When the arranger of transportation is a carrier or freight
forwarder, a constructive interline trust shall apply.
(4)
When the arranger of transportation is a property broker, the
regulations set forth at 49 C.F.R. 371 shall apply and monies received by
the broker shall be segregated from its other assets and liabilities.
(5)
In no event shall accounts receivable pledge or encumber by any
intermediary be inclusive of freight charges billed by it to the extent
those freight charges are due and owing to carrier.
(F)
Carrier preserves recourse for payment of all freight charges to
the consignor, unless Section 7 of the USBL is signed, and to the
consignee unless prior notice is given that the consignee is not to be
responsible for freight charges in accordance with to Section 7 of the
USBL.
(G)
Carrier shall not be responsible for COD shipments unless prior
written approval is obtained from its Director of Operations.
(H)
Consignor and/or Consignee shall pay all freight charges when due
without offset for any cause, including but not limited to, cargo claims. All claims for loss or damage shall be governed by Item 200
and following, and neither consignor nor consignee shall deprive carrier
of proper cargo insurance adjustment by unilateral deduction of claims
from payment of freight charges due.
CORRECTED BILL OF LADING CHARGE
If,
after tender, shipper requires that the terms of the Bill of Lading be
changed carrier shall charge $16.00 before delivery or $26.00 after
delivery for a corrected Bill of Lading.
PAYMENT OF FREIGHT CHARGES
A shipment in which charges are to
be paid by a party other than the consignor or consignee will be accepted
provided recourse to the consignor is preserved with the carrier picking
the shipment up at origin. The
consignor and consignee guarantee to pay the charges if the third pay
fails to do so in the time allotted under the applicable credit
regulations. Any such
shipment will not be accepted if the consignor executes a non-recourse
provision of the bill of lading.
EXPEDITED OR TEAM SERVICE
When carrier is requested by
consignor or consignee to provide expedited or team service an additional
charge of $.10 per mile will be assessed on line haul charges only to the
party making the request.
The
bill of lading must be noted “Carrier requested to provide expedited or
team service.”
These
charges will be in addition to all other applicable charges.
ADDITIONAL LICENSE, PERMIT FEES, AND INBOUND PERMITS
Whenever any additional license or
permits are required, such as but not limited to, foreign commerce or
customs fees, the charges for same shall be added to the freight invoice.
Shipments
moving under U.S. Customs Bond will be subject to a charge of $100.00 for
handling each shipment.
IMPORT AND EXPORT FREIGHT
(1)
Limitation
of Carrier’s Liability for Proper Customs Clearance.
Carrier assumes no responsibility for insuring or otherwise
providing for clearance of merchandise through or inspection by Mexican or
Canadian Customs. Carrier
does not represent and specifically disclaims any knowledge or expertise
in proper customs clearance and inspection matter.
Carrier is not responsible for the acts or omission of the Mexican
or the Canadian Customs Agent or its affiliated Freight Forwarder that may
be selected of the purpose of clearing shipper’s merchandise through
Customs. Carrier will serve
merely as a liaison between shipper and the Mexican or Canadian Customs
Agent (and the Customs Agents’ Freight Forwarder) at shipper’s request
and only as a convenience to shipper.
Carrier or party in possession shall not be liable for loss,
damage, deterioration of the freight or delay in delivery due to the
duration of the period required by customs clearance or inspection.
(2)
Mexico Surcharge. A Mexico
surcharge of $35.00 per shipment will apply on all shipments destined for
Mexico to compensate Carrier loss of trailer utilization once the trailer
crosses to US border. This
surcharge will only apply on southbound shipments from the US into Mexico. The surcharge will be billed as a separate line item on the
invoice and applies in addition to the published or negotiated linehaul
rate provided for such shipments.
(3)
Carrier assumes no cargo loss responsibility for shortage or damage to
shipments while in the Republic of Mexico.
Clear bills of lading showing safe and damage-free delivery between
the US/Mexican borders at the pickup or delivery points in the US shall be
evidence of Carrier’s proper discharge of its cargo responsibility.
REGULATED v. EXEMPT
The terms and conditions of the
Tariff shall apply to all shipments handled by carrier regardless of
whether same are subject to economic regulation or whether the shipment
moves in interstate or intrastate commerce.
APPOINTMENTS
Appointments shall be made at no
charge. Carrier shall not be
liable for late deliveries or unkept appointments unless such late
delivery or unkept appointment is beyond carrier’s duty of reasonable
dispatch. Consignee shall
facilitate prompt unloading in the event of missed appointments.
FRACTIONS
In
computing a rate based on a multiple of percentage of another rate, the
following will govern in the disposition of fractions.
Fractions of less than ½ of .50 of a cent – mil.
Fractions of ½ or .50 of a cent or greater – increase to next
whole figure.
IMPRACTICAL OPERATIONS
Pickup or delivery service will not
be performed by the carrier at any site from or to which it is
impracticable to operate vehicle because of:
(a)
The conditions of roads, streets, driveways, alleys or approaches
thereto;
(b)
Inadequate loading or unloading facilities;
(c)
Riots, acts of God, the public enemy, the authority of law, the
existence of violence, or such possible disturbances as tending to create
reasonable apprehension of danger to person or property.
LOADING BY CONSIGNOR – UNLOADING BY CONSIGNEE
Rates named herein provide for the
loading and unloading of carrier’s vehicle to be performed by the
consignor or consignee. In
the event shipment is stopped off to complete loading or partial
unloading, the party shipping or receiving any portion of the shipment
will be subject to these charges. Upon
request of consignee or shipper, carrier is requested to assist in loading
and/or unloading the carrier will furnish one person to assist, under the
director of the shipper or receiver, subject to an additional charge of
$150.00 for shipments of up to 2,000 pieces.
An additional charge of $.04 per piece will be assessed on
shipments in excess of 2,000 pieces.
If the carrier hires a lumper service to perform this duty, the
actual charges are to be reimbursed by the shipper.
Should shipper require documentation for lumper fees incurred, an
additional administration fee of $15 per load will apply.
These charges shall be in addition to all other applicable charges.
All
shipments shall be presumed to be “shipper load and count” within the
meaning of 49 U.S.C. 80113. Inadvertent
omission of seal numbers or SLC notation shall not result in carrier
liability for count or loading defects when shipper actually loads and
seals trailer which is delivered intact to consignor.
MINIMUM CHARGE
Except as otherwise provided, the
minimum truckload charge shall be $600.00.
OPERATING RIGHTS
Sub. No. 149.
To operate as a common carrier, by motor vehicle, in interstate or
foreign commerce, over irregular routes, transporting general commodities
(except classes A and B explosives, household goods, commodities in bulk),
between points in the United States (except Alaska and Hawaii).
CANADIAN OPERATING RIGHTS
Rates and provisions named herein
are applicable to the extent of the authority shown (in United States
Currency):
Canadian
Provinces if Alberta; British Columbia (excluding automobiles and trucks,
new or used); Quebec except Group 31: Currency and Precious Merchandise
conveyed by armored vehicles, Group 32:
Furniture and other used goods and Group 34: Explosives and Ontario
(restricted against the carriage of primary iron or steel or steel
products, including galvanized products except coating or allied
processing see 34994 or coke oven products see 3311).
PALLET CHARGE
When carrier is requested by
consignor or consignee to provide pallets, a minimum charge of $10.00 per
pallet will be assessed to the party making the request.
These charges are in addition to all other applicable charges. The bill of lading must be noted “Carrier requested to
provide pallets.”
PACKING OR PACKAGING SHORTAGE
Carrier will not be responsible for
shortage on shipments which are banded, strapped, netted, shrink-wrapped
or otherwise secured to bins, pallets, platforms or skids when such
securing material is found to be intact at the time of unloading be
consignee. Carrier will only
be responsible for the number of binds, pallets, platforms or skids on
such shipments.
PICK-UP & DELIVERY SERVICE
The rates named herein include
pickup or delivery at all points within the limits of the cities, towns,
villages and other points from to which rates apply, but each shipment
will include only one pickup and one delivery.
REFUSED, UNCLAIMED OR UNDELIVERED FREIGHT
When conditions beyond carrier’s
control exist at the address or place designated on the bill of lading as
the point of final delivery and such conditions make delivery impossible
after proper notification (see Note), or when a shipment is refused by
consignee or cannot otherwise be delivered when tender of delivery is made
by the carrier at the appointed time, shipment remains in carriers
possession and carrier must notify the shipper in writing (facsimile
transmission will constitute a writing) of failure to delivery.
Shipper will be afforded two (2) hours to respond with disposition,
after which carrier may, at carrier’s option, (a) return the shipment to
shipper, applying applicable Tariff charges; (b) deliver the shipment to
the nearest place of public storage where same will be subject to
applicable warehouse liens and carrier’s lien’s for services rendered
from origin through point of delivery to the warehouse; or (c) exercise
remedies afforded by the Uniform Commercial Code.
Note:
Notice of arrival as defined in this Tariff means a forty-eight
(48) hour written notice (facsimile transmission will constitute written
notice) given by carrier to the shipper and consignee that a delivery is
forthcoming or the actual tender for delivery, whichever comes first.
HAZARDOUS MATERIALS
Harris
Transport Company, Titan Transport, LLC anf Veterans Express
Transport Services do not handle hazmat loads. When a shipper inadvertently tenders a hazmat load the
following will apply:
(1)
The shipper will be informed by telephone and in writing that
carrier does not handle hazmat loads.
(2)
The purchase cost of special permits required by the State Highway
Department or Departments of State or Cities or Municipalities in which a
shipment is being transported and all other expenses necessary to secure
such permits and all bridge, ferry, highway, tunnel or other public
charges of like nature which are incurred in the handling of any shipment
of Hazardous Materials which would not normally be required on shipments
not requiring permits, will be paid by the carrier and collected from the
party responsible for payment of the freight charges.
(3)
A penalty of 300%, or three (3) times, the normal rate will be
assessed on each shipment.
SPECIAL SERVICES – EMPTY MILES AT SHIPPER’S
CONVENIENCE
When
carrier agrees to relocate revenue equipment at the request of consignor
or consignee for shipper’s or consignee’s convenience, a charge of
$1.20 per mile will be billable to the consignor or consignee making the
request. Empty miles will be
calculated from empty equipment origin to point of equipment utilization
based upon PC Miler short miles. Carrier
will notify shipper of the location of subject equipment prior to
movement.
STOP-OFFS
Truckload shipments may be stopped
en route between origin and destination, or at points directly
intermediate between origin and destination, for partial loading or
unloading under the following provisions:
(1)
The bill of lading or shipping order shall show the name and
address at the point or points, vehicle is to be stopped, together with
the quantity and description of freight to be loaded or unloaded.
(2)
The charge for each stop shall be as follows:
(a)
First stop will be billed at $125.00;
(b)
Second stop will be billed at $250.00;
(c)
Third stop will be billed at $400.00; and
(d)
Additional stops beyond three (3) will be billed at $400.00 each.
(3)
When the distance from the origin, via the stop-over point, or
points, to final destination exceeds the distance direct from origin to
final destination, a charge will be assessed for such excess miles as
outlined below.
(4)
The rate for such excess distance will be determined by dividing
the extended contract rate from the direct point of origin to destination
by the mileage from the
direct origin to destination then multiplied by the excess miles.
The charges provided by this note shall be in addition to all other
applicable charges.
(5)
Shipments loaded or unloaded at one or more points shall be
considered as separate stops under this item.
(6)
Where rates are stated in cents per mile, or where rates are
determined from distance mileage scales, the applicable rate shall be
calculated from origin to destination via the stop-off point, or points,
via the actual route of movement. Provisions of No. 4 above shall not be
applicable.
RE-CONSIGNMENT OR DIVERSION
When,
upon instructions of the shipper or the consignee, a shipment is diverted
or re-consigned at a point intermediate to the original destination, the
carrier will exercise a diligent effort to locate the shipment and effect
the desired change, but carrier will not be responsible for failure to
effect the changes unless such failure is due to its own negligence.
A
charge of $200.00 will be made for the re-consignment or diversion.
The transportation rate applicable will be the rate in effect on
the date of origin of shipment for the distance from the original shipping
point, via point of re-consignment or diversion, to the point of final
destination.
In
the event the shipment is returned to the origin point, the return move
will be charged at the original outbound rate, plus the re-consignment
charge of $200.00.
CONGESTION CHARGE
A
$500.00 surcharge will be applicable on shipments originating or
terminating within the following: New York zip codes: 100-108, 110-119.
A
$300.00 surcharge will be applicable on shipments originating or
terminating within the following: Boston, MA zip codes: 02101-02297
In
order to defray the cost of ferry service, a surcharge will be applicable
on shipments originating or terminating on:
Vancouver Island, British Columbia. $250.00
Martha's Vineyard $250.00.
There
is a $100.00 security inspection fee for Washington D.C.
VEHICLE ORDER BUT NOT USED
When
carrier is requested to perform transportation services and dispatches
equipment to the point (s) designated in accordance with instructions from
the shipper and the instructions to the carrier are later changed so as to
effect non-utilization of the equipment at the point (s) requested by
shipper, due to no fault of the carrier; then, a charge per mile of $1.25,
subject to a minimum charge of $250.00/day for a single driver or
$500.00/day for a team will be made for the empty miles traveled in
connection with the equipment ordered and not used.
Empty miles shall be equal to the out of route miles traversed from
point of dispatch to ultimate reload.
EXTENSION OF CREDIT TO PAYOR OF FREIGHT CHARGES
Where
credit is extended, the following provisions for payment of transportation
charges will apply:
(1)
When a party, other than the consignor on the bill of lading and
shipping order, is responsible for paying the freight charges, such partys'
name and address must be so designated in the body of the bill of lading
and shipping order at the time of original tender.
Shipments subject to provisions of this item will be accepted only
when the consignor guarantees to pay all lawfully accrued charges in the
event that the party other than the consignor fails to do so within the
time allowed under no. 2 below. Shipments
subject to the provisions of this item will not be accepted if the
consignor executes a non-recourse provision of the Bill of Lading.
(2)
The credit period for payment of the freight bill will be thirty
(30) additional calendar days after the invoice date of the freight bill.
After the expiration of the credit period, the unpaid balance of
the freight bill will be subject to an additional late charge of one and
one-half percent (1 ½ %) of the unpaid balance per thirty (30) day
period, to be prorated as applicable.
(3)
If carrier has to seek recovery by means of the collection process
or by litigation, the payor of the freight charges will be responsible for
a penalty of thirty-five (35%) of the outstanding account balance, in
addition to the outstanding account balance.
In the case of litigation, payor of the freight charges will also
be responsible for all attorneys’ fees and court costs.
FREE TIME
Carrier
shall allow two hours of free time both for loading and unloading for
vehicles with power units and drivers.
When any portion of free time extends into a Saturday, Sunday or
National holiday, the computation of free time shall not resume until
12:01 am on the next day which is neither a Saturday, Sunday or National
holiday.
DETENTION – VEHICLES WITH POWER UNITS
(A)
This item applies on shipments when the carrier’s vehicles with
driver and power units are delayed or detained beyond the free time
provided for in this Tariff Item above at time of delivery to the
consignee or at time of pick-up at the consignor’s place of business
when such delay is not the fault of carrier.
(B)
Charges for detention will be charged to the consignee in the case
of unloading and to the shipper in the case of loading.
(C)
When computing time, the beginning time shall be the time the
driver notifies the shipper or consignee of driver’s arrival and that
the trailer is available for loading or unloading, as the case may be, but
in no case shall time commence prior to the time of appointment or the
actual time of loading or unloading, whichever is first.
(D)
If a vehicle is both unloaded and reloaded, each transaction will
be considered separately and free time shall apply to each separately.
(E)
When delay occurs beyond free time, the charge for detention shall
be $100 per hour of fractions thereof, subject to a maximum charge of
$800/day for single drivers and $1,400/day for teams.
Item 490
DETENTION – VEHICLES WITHOUT POWER UNITS
(A)
This item applies when carrier spots a trailer at the facilities of
the shipper or consignee for the loading or unloading of shipments upon
the request of shipper, but this Item nor detention under any other term
or condition shall apply if the carrier spots the trailer for carrier’s
convenience with or without the authorization of shipper or consignee.
(B)
Time shall commence with the spotting of the trailer and shall end
when carrier is notified by the shipper or consignee that the trailer is
available for removal from the premises of the shipper or consignee.
(C)
If a trailer is both unloaded and re-loaded, an additional two (2)
hours free time shall be allowed.
(D)
After expiration of free time as provided in Item 470, charges for
delaying the trailer beyond free time shall be $150.00 per 24 hour period
or fraction thereof.
Item 500
PROOF OF DELIVERY CHARGE
Proof
of Delivery Charge – Shipper may access carrier’s web site and
retrieve necessary documents at no charge.
When carrier is requested to provide a copy or image of the bill of
lading to accompany each freight bill, a fee of $15 per bill of lading
will be charged. If carrier
is required to provide an original freight bill of lading, a fee of $25
per bill will apply.
Item 510
SUBSTITUTED SERVICE
For
its operating convenience, carrier reserves a right to hire other carriers
qualified subcontractors to provide all or part of given movements.
Carrier agrees to protect the rates set forth herein when
substituted services are provided and warrants that all terms, conditions,
duties and obligations owed to shipper by this Tariff, bill of lading,
and/or contract will be provided.
Item 520
CUSTOMS
(1)
Shipments
moving under United States Customs Bond for U.S. Customs clearance at a
point in the United States will be assessed a charge of $100.00.
This charge shall be in addition to all other applicable charges.
On shipments requiring the use of more than 1 trailer, each trailer
shall be considered as a separate shipment for the purpose of applying the
provisions of this item.
(2)
Line
haul charges on shipments requiring U.S. Customs clearance at a point
other than the final destination will be assessed on the basis of rates
and charges applicable from the point of origin to the point of U.S.
Customs clearance, plus the rates and charges applicable from the point of
U.S. Customs clearance to the final destination is located within the
terminal are of the point of U.S. Customs clearance.
(3)
Freight
moving In Bond may not be included in the same shipment on the same bill
of lading and shipping order with freight not moving In Bond.
(4)
Shipments
moving under US Customs Bond will not be accorded stopping in transit or
split pickup or split delivery privileges.
(5)
Detention
charges, if any, will be assessed against the party responsible for the
line haul charges. For the
purpose of applying storage rules and charges in connection with shipments
moving under US Customs Bond, notification to the Deputy Collector of
Customs that a shipment is available for Customs Inspection will
constitute tender of shipment for delivery.
(6)
Each
IT/Permit (Immediate Transportation Permit) issued for movement of an In
Bond shipment will be considered as a separate shipment, and must be
accompanied by one bill of lading and shipping order.
The provisions of this paragraph will not apply to volume or
truckload shipments In Bond between steamship company piers or wharves or
when such shipments are delivered to a US Customs Bonded Warehouse.
(7)
Shipments
tendered in a vehicle sealed by or at the instructions of the consignor,
or as required by competent authority, will be considered as fully loaded
or loaded to capacity. On
shipments cleared en route by US Customs, and movement beyond such
clearance does not require a seal, normal rates and charges shall apply to
the beyond point.
(8)
Shipments
moving from the US under Tir Carnet issued by the originating carrier are
subject to a charge of $39.41 which will be in addition to all other
lawfully applicable rates and charges (including the In Bond charges
herein applicable).
(9)
When
carrier is required to pick up shipping documents or US Customs Release
Forms from forwarder or broker for validation prior to pickup of a
shipment, a charge of $100.00 per shipment will apply.
Item 530
DEADHEAD
When
at the direction of the shipper the carrier is asked to move empty revenue
equipment from its’ site of placement to a facility designated by the
shipper, carrier shall charge shipper $1.45 per mile from site of
placement to shippers facility.
Item 540
POSITIONING CHARGE
When
at the direction of the shipper the carrier is asked to provide power only
to move equipment positioned at either the shippers facili |