SERVICE TRANSPORTATION, INC.
TARIFF GOVERNING RULES, REGULATIONS AND SCOPE OF OPERATIONS
APPLICABLE ON SHIPMENTS
BETWEEN POINTS IN THE UNITED
STATES, CANADA, and MEXICO
and INTERMODAL SHIPMENTS
This Tariff Applies on International, Interstate, and Intrastate Traffic.
EFFECTIVE: January 1, 2020
Jason King, President
Service Transportation, Inc.
Post Office Box 808, Cheraw, SC 29520
SECTION 1 – GENERAL TERMS
ITEM 100 BILLS OF LADING
The terms and conditions of the Standard Truckload Bill of Lading shall apply notwithstanding the use by Shipper of any other bill of lading or shipping document. Drivers are not authorized to bind Carrier to non-conforming bills of lading and execute bills of lading with alternative terms and conditions as receipts for the shipment only.
ITEM 105 BILLS OF LADING, CONTRACTS AND AUTHORITY OF COMPANY PERSONNEL
ONLY Carrier officials or personnel authorized to do so by the Carrier are empowered to enter into agreements or alter existing agreements. Authorized officials are Carrier personnel with the President. Terminal managers are not authorized personnel. Drivers employed or hired by Carrier are among those excluded from the category of authorized carrier personnel. Where a Bill of Lading issued by the shipper is signed for by the Carrier’s driver or other unauthorized person(s), that signature acknowledges only receipt of the freight and identifies the entity to which to deliver. It is NOT a contract for the carriage of freight. Continued use of an unauthorized Bill of Lading by the shipper will NOT constitute an implied acceptance by Carrier. Carrier drivers are not authorized to accept freight for which Section 7 is executed or to bind the company for other types of nonrecourse language.
ITEM 110 BROKERAGE AUTHORITY
Service Transportation Logistics has freight brokerage authority in One Source Logistics, LLC from the FMCSA, MC 88448. Carrier reserves the right to provide transportation service through its brokerage, rather than acting as motor carrier. In the event Carrier chooses to handle the shipment as a broker, Carrier’s liability and obligations shall be as a broker and not a carrier. In the even that the broker is listed on the bill of lading as the carrier, this is for convenience only and is not intended to indicate that the broker is the carrier.
ITEM 115 SUBSEQUENT VERIONS OF THIS TARIFF
When this tariff is amended, all shipments accepted by Carrier after the amendment are subject to the revision. The current tariff is available by request or at the Carrier’s website at www.servicedelivers.com/tariff.
ITEM 120 INTERPRETATION OF THIS TARIFF
No provision of this Tariff may be altered or amended orally, and any deviation from this Tariff must be in writing and agreed to by an Authorized Official of Carrier (see Item 105). This Tariff is subject to change without notice. The version of the Tariff in effect at the time of the acceptance of the shipment shall apply to the shipment.
ITEM 125 GOVERNING PUBLICATIONS
This tariff is governed, except as otherwise provided herein, by the following described publications, and by supplements thereto or successive reissues thereof. (Note A).
KIND OF TARIFF ISSUING AGENT SERIES
Mileage Guides Household Goods Carriers ICC HHG 100
PC Miler by ALK PC Miler
Rules Service Transportation, Inc. Carrier Tariff
Note A – When an item is published in this tariff covering the same service as an item published in a tariff mentioned in this item, such item published herein, to the extent of its application, will apply in lieu of the items published in tariff’s mentioned in this item.
ITEM 130 INTERSTATE VS. INTRASTATE
The rules set forth in this Circular shall apply to all shipments handled by Carrier regardless of the origin or destination.
ITEM 135 MILEAGE GUIDE
Where rates are set forth in cents per mile or other calculation based on mileage, distances shall be determined from origin to destination via intermediate points as specified by the Shipper utilizing the most recent edition of the following mileage guide:
PC Miler Practical (Latest Revision)
ITEM 140 NON APPLICATION OF TARIFF
Where Carrier has published a specific tariff for a shipper, the terms of that pricing/tariff shall apply in lieu of this tariff.
ITEM 145 NOTICE AND AMENDMENTS
Upon written request, Carrier will provide its customers and shippers with copies of all applicable rules and rates. Rules and accessorial charges are available on Carrier’s web site at: www.servicedelivers.com/tariff.
ITEM 150 OPERATING AUTHORITY
Carrier has 48 state irregular route authorities within the United States. Copies of the operating certificate are available upon request.
ITEM 155 PARTICIPATING CARRIERS
Motor carriers party to this tariff are shown below:
SCAC Carrier/Broker Name
SVDV Service Transportation, Inc.
SVTK Service Transportation, Inc.
OSGN One Source Logistics
ITEM 160 RATES AND SCHEDULES
The rules published herein are applicable to all shipments transported by Carrier unless expressly waived in a signed bilateral contract pursuant to 49 U.S.C. 14101(b). Rates and schedules may be published in rate catalogues, on a shipper specific basis or pursuant to a spot market rate quotation.
ITEM 165 REGULATED VS. EXEMPT
The rules set forth in this Circular shall apply to shipments exempt from economic regulation as well as shipments subject to the jurisdiction of the FMCSA. Liability for loss, damage and delay shall be governed by 49 U.S.C. § 14706 (the Carmack Amendment), or where applicable, the Carriage of Goods by Seas Act (COGSA).
ITEM 170 WAIVER
Carrier’s failure to enforce the terms of this Tariff shall not be a waiver of the Carrier’s rights to do so in the future.
ITEM 175 CONSENT TO JURISDICTION
Unless the Carrier and purchaser of carrier’s services have previously agreed in writing to proceed otherwise, the Carrier and the purchaser of carrier’s services consent to the exclusive personal jurisdiction of the State and Federal Courts applicable to Marlboro County, South Carolina for filing all civil actions arising out of the transportation services performed, or to be performed by Carrier.
SECTION 2- OPERATIONS
ITEM 200 APPLICATION OF CIRCULAR
Each provision of this rule circular shall apply to each transportation agreement entered into by carrier unless expressly waived in a signed, written agreement.
ITEM 205 APPOINTMENTS/PICKUP & DELIVERY TIMES
Pick-ups and deliveries shall be during customer’s normal business hours. Appointments shall be made at no charge. Carrier shall not be liable for late deliveries or un-kept appointments. Consignee shall facilitate prompt unloading in the event of missed appointments.
ITEM 210 COMMODITY LIMITATIONS
Carrier does not provide service related to transportation of jewelry, objects of art, currency, documents, and items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract, Carrier does not provide temperature controlled service. Shipper may not attempt, through internal packaging or otherwise, to ship temperature sensitive freight through Carrier. This includes packing freight in containers or dry ice or any other attempt to transform non refrigerated service into temperature controlled service.
ITEM 215 CONVENIENCE INTERLINING
In order to provide the most efficient, economical service to the shipping public, Carrier will utilize the service of the other named carriers participating in this tariff to achieve the transportation service required for tendered shipment, EXCEPT if bills of lading covering tendered shipments are noted by shippers that “convenience interlining not applicable”, convenience interlining will not be utilized. Interchange of freight of service will be at points common to the authorized service of Carrier. Shipments accorded “convenience interlining” shall move on the bill of lading of Carrier, who shall assume responsibility for the lading, and such shipments shall be charged for service performed exclusively by Carrier.
ITEM 220 DROPPED TRAILERS
Carrier may, for the convenience of its customers, drop trailers at a designated location. Carrier’s customer assumes responsibility for loss of damage to such trailers until such time as Carrier accepts the freight tendered on the dropped trailer. Carrier has no liability for loss or damage to freight on a dropped trailer until such time as Carrier’s driver accepts such freight.
ITEM 225 HAZ-MAT SHIPMENTS
All loads requiring the Carrier’s driver to have a current Haz-Mat endorsement will be subject to a surcharge of $100.00 per load. This surcharge will be added as a separate line item to the freight bill.
ITEM 230 IMPORT & EXPORT FREIGHT – CANADA/MEXICO
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 Canadian or Mexican Customs. Carrier does not represent and specifically disclaims any knowledge or expertise in proper customs clearance and inspection matters. Carrier is not responsible for the acts or omission of any Customs Agent or its affiliated Freight Forwarder that may be selected for the purpose of clearing shipper’s merchandise through Customs. Carrier will serve merely as a liaison between shipper and the Customs Agent (and the Customs Agent’s 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.
ITEM 235 IMPRACTICAL OPERATIONS
Nothing in this rule circular shall require the carrier to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the carrier to operate vehicles because of:
- The condition of roads, streets, driveways, or alleys;
- Inadequate loading or unloading facilities; or
Riots, Acts of God, the public enemy, the authority of law, strikes or labor unrest the existence of violence, or such possible disturbances as to create reasonable apprehension of danger to person or property.
ITEM 240 INDEMNITY
Carrier and shipper will each indemnify, defend and hold the other harmless from and against any liability, losses, damages, claims, judgments, fines, penalties, lawsuits and expenses (“Costs”) resulting from personal injury, property damage (other than cargo), or violation of the law caused by their respective negligent or wanton acts or omissions.
ITEM 245 INTERMODAL SHIPMENTS
Carrier does participate in the Uniform Intermodal Interchange Agreement (UIIA). See Section 6 for rules applicable to Intermodal Shipments.
ITEM 250 ON-HAND SHIPMENTS
From time to time and for various reasons, freight may be deemed to be “on-hand.” Freight will be deemed on-hand with or without notice. When freight is “on-hand” the legal liability of Carrier is altered from that of a motor carrier to that of a warehouseman pursuant to the Uniform Commercial Code. The procedures which Carrier agrees to and will take as a warehouseman involve the use of ordinary care to keep the lading in a safe or suitable place or to store the lading properly. Carrier shall (a) place the lading in public storage, if available, unless Carrier receives contrary disposition instructions from Shipper within twenty-four (24) hours, and (b) if disposition instructions are not given by Shipper within ten (10) days of Carrier’s initial notification to Shipper, Carrier may offer the lading for public sale. In the case of perishable lading, Carrier may dispose of the lading at a time and in a manner Carrier deems appropriate. Shipper will be responsible for storage costs and reasonable costs Carrier incurs in acting as a warehouseman. To the extent any sale or disposal revenues exceed the storage costs and the costs Carrier incurs as a warehouseman, Carrier shall remit the balance to Shipper. If Shipper gives Carrier timely disposition instructions, Carrier shall use any commercially reasonable steps to abide with such instructions. Shipper will pay Carrier’s costs and any additional transportation costs Carrier incurs in doing so.
ITEM 260 PACKAGING REQUIREMENTS
Where packing requirements are not otherwise provided by tariff or contract, the packaging requirements of NMFC will apply. Where packing requirements are provided in this tariff, rates provided therewith will apply only when the article or articles are packed in accordance with such packing requirements, except that rates subject to such packaging requirements will apply also when the article or articles so packed as required are placed on pallets.
ITEM 262 PACKING OR PACKAGING, BLOCKING, RACKS, STANDARDS OR SUPPORTS
Any temporary blocking, flooring or lining, racks, pallets, standards, stakes or similar bracing, dunnage or support or other commonly used items not constituting a part of the truck when required to protect and make freight secure for shipment, will be furnished and installed at the expense of the shipper unless Carrier has agreed to supply said equipment free of charge. The weight of this equipment shall be considered part of the shipment.
ITEM 265 PICKUP & DELIVERY SERVICE
The rates names herein include pickup or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply, but each shipment will include only one pickup and one delivery.
ITEM 270 RIGHT TO OPEN/INSPECT
Carrier reserves the right to open/inspect any freight which has been accepted for shipment, including loads that have been sealed.
ITEM 273 SERVICE STANDARDS
Unless Guaranteed Service is requested and agreed to by an authorized agent of Carrier (See Item 105), freight shall be delivered upon reasonable dispatch. Appointment times and notations such as “must deliver by” on the bill of lading are insufficient to alter the reasonable dispatch standard unless Guaranteed Service is requested and agreed to. To request Guaranteed Service and for terms and conditions, call Carrier Pricing Department at 843-537-9587, ext. 116.
ITEM 275 SHIPPER LOAD & COUNT
All shipments shall be loaded by the consignor and unloaded by the consignee. Carrier’s drivers are instructed to sign bills of lading as shipper load and count or “SLC”. Inadvertent omission of this notation shall not result in a presumption of carrier liability for shortage or damage (in the absence of upset or accident) where the driver was either not present or not allowed to observe the loading and unloading.
ITEM 280 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 circular, bill of lading, and/or contract will be provided.
ITEM 285 TERRITORIAL SCOPE
Carrier is authorized by the Federal Motor Carrier Safety Administration (FMCSA) in Docket No. DOT 2350063, MC 561814:
“To operate as a common carrier, by motor vehicle.”
ITEM 290 WEIGHTS
- Minimum weights shown herein apply to each vehicle used.
- Maximum weight per vehicle shall be 45,500 lbs.
- Weights include pallets or other shipping materials.
SECTION 3 – ASSESSORIAL CHARGES
ITEM 300 ADDITIONAL CHARGES – SAME DAY DELIVERY
On shipments requiring delivery the same calendar day as that of pick up charges will be 125% of the normal linehaul rate.
ITEM 305 CUSTOMER REQUESTED DEADHEAD
$1.45 per mile from point of dispatch to the loading location will be charged.
ITEM 310 FUEL SURCHARGE
Unless otherwise agreed to, the following fuel surcharge will apply between Carrier and shipper:
FUEL SURCHARGE SCHEDULE AND AGREEMENT
Fuel Surcharges shall be determined weekly using average self-service pump prices for the first Monday of each week from the DOE U.S. Average Retail Diesel Price Index.
The Fuel Surcharge is based on a cents per mile basis and will run from the first Monday of each week.
|DOE Fuel||Fuel Surcharge||DOE Fuel||Fuel Surcharge|
|Index Range||Cents Per Mile||Index Range||Cents Per Mile|
|**To calculate surcharge at a fuel index above $3.514, add $.005 to the surcharge for|
|each $.025 increase in the index|
ITEM 315 AFTER HOURS PICKUPS AND DELIVERIES BY SPECIAL REQUEST
On shipments requiring pickups and deliveries on weekends, holidays, and after hours by special request for the charges will be 125% of the normal linehaul rate. In addition, detention as otherwise provided herein shall apply between the time of arrival and loading or unloading and/or the time of subsequent dispatch.
ITEM 320 APPLICATION OF ACCESSORIAL CHARGES
In addition to the line haul or base rate for any shipment and unless otherwise agreed in writing, the following accessorial charges shall apply and shall be reflected on the Carrier’s invoice for service rendered.
ITEM 325 COLLECT ON DELIVERY (COD) SHIPMENTS
Collect on delivery (COD) shipments will be accepted subject to the following:
- Carrier must be notified at least 24 hours prior to tender of the shipment that it is “COD”.
- The letters “COD” or “Collect on Delivery” must be shown in large, bold print on the shipping document immediately before the name of the consignee.
- Unless otherwise specified on the shipping document, only bank cashier’s check, certified check or money order will be accepted. Carrier will accept payment only as an agent of the shipper, and carrier’s responsibility is limited to the exercise of due diligence in forwarding payment to shipper.
- Subject to a minimum charge of $25.00 or the charge will be computed at the ratio that $25.00 bears to $1000.00.
- In the event the Shipper of Consignor fails to follow the procedures of this Item with regard to “COD” shipments, Carrier shall have no liability for the failure to collect the proper payment
- In the event Carrier fails to collect payment, Carrier’s maximum liability shall be as if the freight were lost in transit pursuant to Section 4.
ITEM 330 DETENTION – VEHICLE WITH POWER UNITS
Vehicle with Power Units – When through no fault of the carrier, its vehicle is delayed or detained at place of loading or unloading, the following will apply:
- Two (2) Hours free time will be allowed to load and Two (2) Hours free time will be allowed to unload each van trailer.
- Time will be computed from arrival until departure of the vehicle, including waiting time in reaching or leaving the loading or unloading site.
- Unless otherwise agreed to, free time will begin when vehicle arrives within one hour of its scheduled appointment time.
- A charge of $60.00 per hour or fraction thereof will be assessed for the first hour of delay or detention beyond free time; after one hour the charge will be calculated at $15.00 for every fifteen minutes or fraction thereof. Maximum charge is $600.00.
- If Carrier misses its appointment time by more than one hour, free time will be extended by three hours, not counting the hours during which consignee is closed.
ITEM 335 DETENTION – VEHICLE WITHOUT POWER UNITS
Vehicle without Power Units – When carrier places a trailer to be loaded or unloaded or held at an intermediate point the following will apply:
- Free time of Seventy-Two (72) hours will apply for loaded trailers at Shipper/Consignee. When free time has expired, a Storage charge of $25.00 per day shall apply including weekends and holidays.
ITEM 340 LAYOVER PROVISION
When, due to no fault of the carrier, driver and vehicle are required to layover to wait for loading or unloading of a shipment, a charge of $60.00 per hour plus motel costs will be charged to the party responsible for the layover.
ITEM 345 LIABILITY FOR ACCESSORIAL CHARGES
Carrier reserves the right to bill and collect accessorial charges from the consignor or consignee which incurred those charges.
ITEM 350 LOADING AND UNLOADING
Charges do not include loading and unloading. When requested to do so, the driver or loading contractor will load or unload, or assist in loading or unloading. Charges for such service will be an amount equal to the total charges billed to Carrier by the loading contractor subject to a minimum charge of $100.00. The party responsible for payment of linehaul charges is responsible for paying of loading and/or unloading charges.
ITEM 355 LOADING AND UNLOADING UPON ARRIVAL
In the absence of an agreement with respect to an appointed time of pickup or delivery, consignor shall load and consignee shall unload carrier’s equipment within the allotted free time provided herein upon arrival if, during ordinary business days, as set forth herein. If carrier arrives before or after business hours as defined herein, free time begins at the commencement of the next business day.
ITEM 360 OVERLOAD – OVERWEIGHT
Loading with Power/Driver – When due to no fault of the carrier, a shipment exceeds the legal gross weight limit allowed by state regulations, a charge of $1.45 per mile from the nearest scale back to the shipper’s facility will apply. Customer will then have two hours of free time to correct the weight problem, after which an additional charge of $60.00 per hour will be assessed for detaining the vehicle up to a maximum time allotment of 8 hours.
Loading without Power/Driver – When due to no fault of the carrier, a shipment exceeds the legal axle and/or gross weight allowed by state regulations, a charge of $1.45 per mile from the nearest scale back to the shipper’s facility will apply. Customer will then have two hours of free time to correct the problem, after which an additional charge of $60.00 per hour will be assessed for detaining the vehicle up to a maximum allotment time of 8 hours.
ITEM 365 PALLET EXCHANGE
ITEM 370 PERISHABLE COMMODITIES
(a) The furnishing of protective service, as provided herein, does not undertake to overcome the inherent tendency of perishable goods to deteriorate or decay, but merely to retard such deterioration or decay. This may be accomplished by reasonable protective service of the kind and extent requested by the shipper, performed without negligence.
(b) When perishable freight is delivered to the consignee by this carrier, the consignee must check freight to determine quantity being received and condition insofar as it is possible to determine by close, careful observation. The consignee must also take product temperatures of the goods being delivered. If shortage, damage or out–of–line temperatures are found to exist, then a notation applicable to the discrepancy will be so noted by the consignee on the carrier’s copy of the delivery receipt. When offering a shipment for delivery, if any portion of the shipment bears any indication of having been pilfered, a joint inventory of contents shall be made by Carrier’s driver and the consignee, and the results of inventory so noted on Carrier’s copy of the delivery receipt.
(c) Where perishable commodities are transported, the carrier will not entertain any claims unless the carrier is notified within 24 hours from the time of delivery. In no case shall the carrier be responsible for damage to products when the carrier accepts a shipment, or portion of a shipment, as a unit (i.e. master cases, palletized shipments, etc.), when damage is not outwardly detectable by the carrier at the time of loading.
ITEM 373 RECONSIGNMENT
Shipments may be reconsigned subject to the following:
- Carrier will make a diligent effort to effect reconsignment but assumes no liability if it is unable to do so.
- The reconsignment charge will be $1.45 per additional mile, subject to a minimum charge of $150.00.
- When the reconsignment is to a point other than the original destination, rates will be assessed based on the mileage from origin to final destination via the point of diversion.
ITEM 375 REDELIVERY
When a shipment is tendered for delivery and, through no fault of carrier, delivery cannot be made, the following will apply:
- When carrier is notified that the shipment will be accepted within 24 hours of the first tender, and is accepted within that time, the redelivery charge will be $1.45 per mile for additional miles, subject to a minimum charge of $150.00.
- When carrier is notified that the shipment will not be accepted within 24 hours of the first tender, or if it is not accepted within 24 hours of the first tender, the redelivery charge will be $1.45 per mile for the distance to carriers nearest terminal and return, subject to a minimum charge of $150.00.
- Charges provided in this item will be in addition to all other applicable charges, including charges for delay or detention of vehicles.
ITEM 380 ROUND TRIP RATES
- Must be booked as a round trip on the original tender and so noted on the original bill of lading;
- Must be reloaded at its mid-point within 2 hours;
- Must be no other stops in transit;
- Detention charges are in effect for the entire trip;
- No stop-off charges are assessed but fuel surcharges apply to the entire trip (origin to destination x 2)
ITEM 385 STOPPING IN TRANSIT
Shipments may be stopped in transit to complete loading or for partial unloading subject to the following:
- The shipment must be covered by one shipping document naming a single shipper and origin and a single consignee and destination.
- The shipping document must show the point (s) at which stops are to be made with a complete description of the kind and quantity of freight to be loaded or unloaded at each stop.
- All stops for loading must be completed before the first stop for unloading.
- No substitutions or exchange of freight may be made at stop-off points.
- When stop-off(s) are required on shipments subject to rates stated in dollars per vehicle used, the rate will be calculated as follows:
- Divide the per vehicle used by charge by the miles from origin to destination to obtain the base rate per mile.
- Multiply the base rate per mile obtained in Paragraph 4-1 above by the total miles from origin via stop-off(s) to final destination. Additional charges for each stop to complete loading or for partial unloading, exclusive of stops at origin and final destination, shall be:
- $125.00 for the first stop;
- $225.00 for the second stop;
- $425.00 for the third stop;
- $425.00 for each stop in excess of three.
- Except as shown in Paragraph 4 above, rates will be assessed based on the mileage – via each stop-off point. Additional charges for each stop to complete loading or for partial unloading, exclusive of stops at origin and final destination, shall be:
- $125.00 for the first stop;
- $225.00 for the second stop;
- $425.00 for the third stop;
- $425.00 for each stop in excess of three.
- All charges for shipments subject to the provisions of this item must be PREPAID.
ITEM 390 TEAM SERVICE
Charge shall be an additional ten percent (10%) of the line-haul charges.
ITEM 395 VEHICLE FURNISHED BUT NOT USED
Where the carrier is requested to dispatch a vehicle to a point of origin designated by the shipper, or other designated party, and such vehicle is dispatched but is not used due to no fault of the carrier, a charge of $300.00 per vehicle may be assessed. Additionally, a charge of $1.45 per mile to next pick-up point will be assessed.
SECTION 4 – FREIGHT CLAIMS
ITEM 400 ALTERNATIVE RATES AVAILABLE
Shippers may obtain rates for shipments with higher released values (limitations of liability) than those indicated in this Section by contacting Carrier’s Pricing Manager by calling 843-537-9587, ext. 116. Any such alternative rate shall be reflected by the insertion of the higher released value and specially assigned identification number on the bill of lading at the time of pick-up.
ITEM 405 CLAIMS LIABILITY
Liability for claims shall be governed by 49 USC § 14706. Carrier shall not be liable to the owner of property for damage, loss or delay caused by (1) an act of default of the shipper, owner or consignee, or their agents; (2) an Act of God, (3) the public enemy, (4) act of the public authority; (5) inherent vice of the goods (6) freezing or spoiling of any perishable goods or property. Claims involving intrastate shipments and shipments of exempt commodities shall be subject to this Section. Liability shall be limited to actual loss to the goods. Transportation costs shall not be considered part of the claim if the claim is for invoice value of the goods.
ITEM 410 CLAIMS PROCESS
The provisions of this Tariff are established in compliance with Federal Claim, Loss and Damage Regulations (49 C.F.R. § 370 and the STBOL) which shall govern the investigation and disposition of claims for loss, damage, or delay to property transported or accepted for transportation in interstate or foreign commerce.
- 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.
- 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 al 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 ay, 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 in writing are required within nine (9) months from the date of delivery or from the time when delivery should have been accomplished. A claim for loss, damage, injury r delay to cargo shall not be voluntarily paid by carrier unless filed in writing, as provided in subparagraph (D) 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 carriage, and all rules circular provisions applicable thereto. Claims for concealed damages must be submitted to carrier within fourteen days of delivery. Any suit to recover loss to damage or delay to cargo must be instituted no later than two years and one day after the claim is denied.
- 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.
- 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 (D) above.
- 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 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 (D) above.
- 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.
- 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.
- Verification of loss. A prerequisite to the voluntary payment by carrier of a claim for loss of an entire package or an entire shipments 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.
- 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 advice to the claimant in its claim file thereon.
ITEM 415 CLAIMS LOSS & DAMAGE – ACCEPTANCE OF GOODS
The consignee must accept the goods upon delivery unless they are determined to be totally worthless.
ITEM 420 CLAIMS LOSS & DAMAGE – CLEAR DELIVERY
When the Consignee receives a shipment without noting loss or damage, this is a clear delivery. When damage is claimed after a clear delivery, such is referred to as concealed damage. Concealed damage shifts the burden of proof to the party asserting the claim to show that the damage occurred while the freight was in the possession of the Carrier.
ITEM 425 CLAIMS LOSS & DAMAGE – SALVAGE
- 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 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 filled thereon.
- 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.
- 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.
- To the extent that the Shipper asserts that the goods should be destroyed, Carrier remains entitled to the salvage value the goods would have generated had the goods been salvaged instead of destroyed.
ITEM 430 DISPOSITION OF OVERAGE
Consignee shall accept overages in fulfillment of its duty to mitigate damages. Overages will be returned to the consignee or shipper by carrier upon request in return for payment of carrier’s applicable freight charges. In the event consignor and consignee decline to accept overages and mitigate damages, carrier shall treat any overage as salvage and after notice shall sell same in accordance with the bill of lading contract and the terms of this circular. The proceeds of any such sale less carrier’s freight and storage charges shall be remitted to the person or persons lawfully entitled to receive same. Carrier shall not be liable for any difference between the sales price of overage and the destination market value where the shipper and consignee decline to mitigate damages.
ITEM 435 INADVERTANCE CLAUSE
If a shipper declares a value exceeding $2.50, per pound per article or $100,000.00, per truckload, without insertion of the corresponding specially assigned identification number (Item 400), 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 per article or $100,000.00 per truckload, whichever is less, and the shipment will move subject to such limitation of liability.
ITEM 440 RELEASED VALUE DECLARATION
Unless otherwise agreed to in writing, Carrier’s cargo liability is limited to a maximum of $2.50 per pound or $100,000 per trailer load, whichever is less. In the event weight is relevant to the determination, only the portion of the freight lost or damaged is to be considered in the calculations. For shipments governed by the Carriage of Goods by Seas Act, the released rate shall be $500 per package.
ITEM 445 RELEASED VALUATION/USED GOODS
Unless otherwise agreed in writing, all used goods is released to a maximum evaluation of $.25 per pound per article. Any goods that are other than new are deemed used (refurbished, reconditioned).
ITEM 450 RELEASED VALUATION/MEXICO AND CANADA
The Carmack Amendment and the above provisions relating to domestic transportation will apply to shipments while within the physical borders of the United States and within the jurisdiction of the Secretary of Transportation. While a shipment is outside the borders of the United States, the Carmack Amendment shall not apply. Carrier shall have no liability for delay, loss or damage when it is not in physical possession of the freight. To the extent liability cannot be excluded completely, the released rates shall be as set forth below:
- Canada – Carrier’s maximum liability will be the lesser of $2.00 per pound per package or any limitation provided for by Canadian or provincial law for loss occurring in Canada.
- Mexico- Carrier’s maximum liability will be the lesser of $.50 per pound per package or any limitation provided for by Mexican federal or state law for loss occurring in Mexico.
Losses of uncertain location shall be presumed to occur outside the United States.
ITEM 455 SEALED TRAILERS
In the event Carrier takes possession of a sealed trailer, delivery of the trailer with seal in-tact (absent evidence of tampering with the trailer, doors, or hinges) conclusively defeats any claim of a shortage. Claims for an absent or missing seal may only be asserted by the Shipper if the Shipper has adequate procedures in place for verifying that the seal was in place when the trailer left origin and only when there is proof of actual damage to the goods, verified by testing or other procedures. Carrier shall have no liability for cargo loss, damage or shortage where any seal is removed by order of any law enforcement or governmental authority.
ITEM 460 SHORTAGE
Carrier will not be responsible for shortage on shipments that 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 by consignee. Carrier will only be responsible for the number of bins, pallets, platforms or skids on such shipments.
ITEM 465 SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES
Carrier shall not be liable for special, incidental, indirect or consequential damages including without limitation, lost profits or business opportunity, or punitive and exemplary damages incurred or suffered by the Shipper as a result of shortage, damage or delay. Additionally, Carrier shall not be liable for attorney’s fees of the Shipper.
ITEM 470 SPOTTED EQUIPMENT
Carrier responsibility for cargo begins when Carrier picks up a shipment from the Shipper’s dock, or in the case of spotted equipment, when Carrier takes physical possession of the loaded trailer. Carrier’s responsibility ends when the shipment is delivered or in the case of spotted equipment, when the loaded trailer is placed in the consignee’s premises for its unloading convenience.
SECTION 5 – FREIGHT CHARGES
ITEM 500 COLLECTION AND PAYMENT OF CHARGES
Except as otherwise provided in this rule, transportation charges will be collected by carrier at the time shipments are delivered. 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 net thirty (30) days from date of the invoice or as otherwise agreed to with shipper in writing from the presentation of the freight bill.
ITEM 520 INTEREST & FEES ON PAST DUE ACCOUNTS
Carrier will assess one and one-half percent (1½%) per month on past due 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 twenty-five percent (25%), whichever is greater.
ITEM 530 INVOICES
Carrier shall submit an invoice to the specified party in accordance with the requirements of Federal regulations governing regulated transportation. Carrier will retain delivery receipts and proofs of delivery which will be provided upon specific request in accordance with the provisions of this circular.
ITEM 540 JURISDICTION AND VENUE OF COLLECTION SUIT
All action or proceedings instituted by Carrier for the collection of freight charges owed by the shipper, consignor, consignee or third party involved in the movement who has failed to pay such charges within 30 days of presentation of the freight bill, where the Carrier initiates a lawsuit, such suit shall be brought in a state or federal court of competent jurisdiction in Marlboro County, South Carolina, or where the debtor resides (at the option of Carrier). The parties will not raise, and hereby waive, any defenses based on the venue, personal jurisdiction, inconvenience of forum, or sufficiency of service of process related to the place of bringing of the action.
ITEM 550 LIEN FOR FREIGHT CHARGES
Carrier shall have a possessory lien on shipments in its dominion and control for the payment of current and past due freight charges. Shipper’s goods will be held and sold pursuant to the Carrier Lien provisions of the Uniform Commercial Code. Carrier reserves the right to convert any shipment to a collect shipment.
ITEM 560 PAYMENT WITHOUT OFFSET
Shipper, Consignor and/or Consignee, or its broker or agent, 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 this Tariff and shipper, consignor, or consignee shall not deprive Carrier of the claims process by unilateral deduction of claims from payment of freight charges due.
ITEM 570 PRIORITY OF FREIGHT CHARGE OBLIGATION
When arrangements are made with intermediaries for transportation services provided by carrier and the intermediary in turn bills the shipper or beneficial owner of the goods for freight charges inclusive of the carrier’s rates, the following rules shall apply:
- The intermediary will segregate money due owing to carrier from other accounts.
- 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.
- When the arranger of transportation is a carrier or freight forwarder, a constructive interline trust shall apply.
- 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.
- 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.
Carrier preserves recourse for payment of all freight charges to the consignor, unless Section 7 of the STBOL (see Item 100) 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 STBOL.
ITEM 580 THIRD PARTY BILLING
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 the consignee on collect shipments in the event full payments of freight charges is not received pursuant to third party billing.
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 shipments up at origin. The consignor and consignee guarantee to pay the charges if the third party 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.
ITEM 580 UNDERCHARGE/OVERCHARGE CLAIMS
Any claim for overcharges of freight bills must be submitted within 180 days of shipment date and must be submitted by the responsible party of the freight charges. Any claim for undercharges of freight bills must by submitted by the carrier to the payor of the freight charges within 180 days of the shipment date.
SECTION 6 – INTERMODAL SHIPMENTS
ITEM 600 APPLICABILITY
This Section applies to all movements on intermodal equipment governed by the Uniform Intermodal Interchange Agreement or any substantially similar organization or arrangement. Unless otherwise stated in this Section, the provisions of the remainder of this Tariff continue to apply.
ITEM 610 ARRIVAL NOTICE
- Actual tender of delivery at consignee’s place constitutes notice of the arrival of a shipment.
- If the shipment is not actually tendered for delivery, notice of arrival will be given to the consignee not later than the next business day following the arrival of the shipment:
(a) The notice will be given by telephone, if convenient and practicable; otherwise by mail or telegraph. The notice, however transmitted, will specify the point of origin, the consignor and the commodity and weight of shipment.
(b) If the consignee’s address is unknown to the carrier, the notice will be mailed to him at the post office serving the point of destination shown on the Bill of Lading.
(c) In the case of notification by mail, the notice will be deemed to have been given (that is, received by, the addressee) at 8:00 A.M. on the first business day after it was mailed.
ITEM 615 CLAIMS FOR OCEAN FREIGHT
- Section 4 is amended for freight subject to an ocean bill of lading.
- Freight moving under an ocean bill of lading shall be governed under the Carriage of Goods by Seas Act. Freight shall be considered moving under an ocean bill of lading if the bill of lading is a through bill of lading, regardless of whether carrier issues a separate shipping document.
- The released rate on ocean freight is the lesser of $500 per package or actual loss.
- The number of packages shall be determined by the number stated on the bill of lading under the column designated “packages.” If no number is designated, or if “1” is the number of packages, the container itself shall be the package.
ITEM 620 CUSTOMS – OCEAN FREIGHT
- Line haul charges on shipments requiring United States Customs Clearance at a point other than the final destination, will be assessed on the basis of rates applicable from points of origin to the point of United States Customs Clearance and from the point of United States Customs Clearance to the final destination, subject to a minimum charge of $100.00.
- 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.
- Shipments awaiting Customs Clearance will be subject to the Detentions and Charges as provided in Items 330, 350 and 650 and such charges, if any, will be paid by the party responsible for the line haul freight charges.
ITEM 630 HUBBING CONTAINERS
When containers must be stored on carrier’s yard before being turned in to the port, a minimum dray charge of $75.00 for the first 48 hours or fraction thereof will apply. If containers are stored on carrier’s yard for a period of more than 48 hours an additional charge of $35.00 per day or fraction thereof will apply. These charges apply when container cannot be terminated at the port due to Shipper related causes, which include but are not limited to loading container before port can receive it, rolled bookings, verification, etc.
ITEM 640 LOADING AND UNLOADING CONTAINER
Except as otherwise provided herein, the complete loading and/or unloading service, as the case may be, of the shipment including the count hereof must be performed by the shipper or consignee at his expense, without any assistance from the carrier. The carrier’s employee and power unit is to be released while loading and/or unloading is performed. At carrier’s option, the carrier’s employee and power unit may remain during loading or unloading but will render no assistance in loading or unloading.
- The complete loading service includes the loading of the shipment into or on the container or trailer and the proper stowing and/or stacking thereof to withstand the normal hazards of transportation. When blocking or bracing is necessary to insure safe transportation, such blocking or bracing must be furnished and installed by and at the expense of the consignor.
- The complete unloading service means that the consignee must remove the shipment from the position in which it is transported in or on the container or trailer. The consignee will be responsible for removal of all packing materials, dunnage, blocking, bracing, nails and excess product or waste, etc. or will be subject to a $100.00 cleanout fee.
ITEM 650 PER DIEM / DETENTION / DEMMURAGE
Carrier will comply with all Equipment Interchange Agreements in accordance with UIIA provisions. However, all chassis/container use and per diem charges incurred will be accessed to customer to include an additional 10% administration fee or $10.00 per box, whichever is more. All per diem charges will be assessed to customer at termination of equipment back to provider. The charges will be calculated based on free time agreement between customer and steamship line. If customer does not provide details of customer’s free time agreement with steamship line then standard free time will apply based on the interchange agreement between the steamship line and carrier. Charges for per diem will be determined by either the interchange agreement between carrier and steamship line or customer agreement with steamship line. Interchange charges will apply in the absence of customer/steamship Line agreement. Computation of time to begin at Out-gate from the port or off port depot and end at In-gate to port or off port depot. Free time will then be applied to total time in the computation of per diem charges.
ITEM 660 PREARRANGED SCHEDULING OF VEHICLE
ARRIVAL FOR LOADING AND UNLOADING
Upon reasonable request of consignor, consignee, or others designated by them and subject to the provisions contained herein, carriers will, without additional charge, prearrange schedules for the arrival of vehicles, for loading or unloading shipments governed by Items 330, 350, 610, and 650.
- Request for prearranged scheduling may be oral or in writing.
- Prearranged schedules for arrival of vehicle for loading or unloading may be on a one-time continuous basis mutually agreeable to all parties. Continuous prearranged scheduling agreements may be terminated by any party to the agreement on not less than 24 hours notice prior to the effective date of such cancellation.
- The scheduled time for arrival of vehicle for unloading should be prior to the time storage charges would begin to accrue. If arrival for unloading is not so scheduled, storage charges will be assessed as provided in applicable tariff.
ITEM 670 TERMINAL CHARGES AT PORT/RAILHEAD
Unless otherwise provided, the rates and charges published in this tariff do not include tollage, wharfage, usage, loading or unloading charges, or any other port terminal charges at piers, wharves, dockside terminals or warehouses, and carriers will not absorb said charges.
ITEM 680 UNDELIVERED FREIGHT
- If freight cannot be delivered because of the consignee’s refusal or inability to accept it, or because the carrier can not locate the consignee, or if freight can not be transported because of an error or omission on the part of the consignor, the carrier will make a diligent effort to notify the consignor promptly that the freight is being stored and the reason therefor.
- Undelivered shipments will be subject to Storage.
- On undelivered shipments, disposition instructions printed on the Bill of Lading, shipping label or container will not be accepted as authority to reship, return or reconsign a shipment or to limit.
- Carrier may elect to handle undelivered freight pursuant to the terms of Item 250.