This tariff is governed, except as otherwise provided herein, by the following described publications, and by supplements thereto and subsequent issues thereof:
NOMENCLATURE TARIFF NUMBER SERIES
PC Miler MOST CURRENT
Name of Corporation SCAC
First Coast Logistics of Savannah Inc FCGS
First Coast Logistics of Alabama Inc FCQG
First Coast Logistics of North Florida Inc FCGN
First Coast Logistics of North Carolina Inc FCQN
First Coast Logistics of Louisiana Inc FCQL
First Coast Logistics of Virginia Inc FCQV
First Coast Logistics of Maryland Inc FCGD
First Coast Logistics of Texas Inc FCGK
First Coast Logistics of South Florida Inc FCQS
First Coast Logistics of Jacksonville Inc FCQJ
First Coast Logistics of Georgia Inc FCGG
First Coast Logistics of New Jersey Inc FCGJ
First Coast Logistics of Memphis Inc FCGM
First Coast Logistics of Birmingham Inc FCQG
First Coast Logistics Services Inc FICL
Mile High Logistics Inc MHLQ
Mile High Intermodal of Georgia Inc MHIG
Mile High of Savannah, LLC MHON
First Coast Logistics of Houston, LLC FCLY
First Coast Logistics of South Carolina FCLF
- “Business Day” means each day, Monday thru Friday, excluding holidays.
- “Business Hours” means time during which operations are generally conducted by the carrier at the point where the service is performed.
- “Carrier”, “Consignor” or “Consignee” include the authorized representatives or agents of such “carrier”, “consignor” or “consignee”.
- “Consignee to unload the shipment” means that the consignee will perform the complete service of unloading the freight from the position in which it was transported in or on the carrier’s vehicle.
- “Consignor to load the shipment” means the consignor will perform the complete service of loading the freight in or on the carrier’s vehicle 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.
- “Holiday” means: New Years Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or any other day generally observed as a holiday by the consignee, consignor or ocean carrier at the point where the service is performed by the local port facility.
- “Place” (see note A), means a particular street or other designation of a factory, store, warehouse, place of business or private residence at a “point”.
- “Point” means a particular city, town, village, community or other area which is treated as unit for the application of line-haul rates.
- “truck” or “vehicle” means any vehicle or vehicles propelled or drawn by a single mechanical power unit and used on the highways in the transportation of property.
- “Volume” or Truckload (VOL or TL)” –A VOL or TL rate is one which is specifically designated VOL or TL in this tariff or in tariffs making reference to this tariff and are those for which a VOL or TL Minimum Weight is specifically provided.
- “Shipment” means a lot of freight received from one consignor at one point (or place within the confines of a single plant), on one day, consigned to one consignee a tone destination and covered by one Bill of Lading.
NOTE A: The “place” shall include only contiguous property which shall not be deemed separate if intersected by a public street or thorough-fare.
APPLICATION OF RATES
- Rates and/or provisions in tariffs governed by this tariff may or may not be applicable on commodities that are exempt from regulation as a result of provisions contained in the Motor Carrier Act of 1980 as well as those commodities already classified as “exempt” under previous provisions found in Title 49, CFR, Sub Title B, Part 1047 and clarifying administrative rulings.
- Agreements changing rates and charges in this tariff if agreed upon in writing by the parties are acceptable.
ITEM 170 LIMITATION OF LIABILITY
(a) Carrier’s liability for loss, damage or destruction to cargo transported is limited to the actual damage to the cargo transported, $0.10 per pound, or $100,000, whichever is less – unless Carrier and shipper agree in writing to a higher level of carrier liability in exchange for a higher transportation charge as set forth in this Item 170. These limitations apply regardless of whether transport is interstate or intrastate, or involves foreign commerce. Articles of extraordinary value (meaning items valued at more than $0.10 per pound) are not accepted for transportation unless shipper releases these items at $2.22 per pound or less, subject to a maximum liability of $100,000.00 per occurrence.
(b) Notwithstanding any other provision of this Item 170, Carrier’s liability for loss, damage or destruction to cargo transported in connection with another carrier (whether air, motor, water, or rail) shall not exceed that carrier’s maximum liability nor exceed the Carrier liability herein, and in no event shall Carrier’s liability exceed the lesser of the actual value of the cargo or the shipper’s declared value.
(c)The period of Carrier’s liability shall commence at the later of the time that cargo is loaded onto the transporting trailer or, if such loading occurs at any time while such trailer is not coupled to a power unit operated by Carrier, then upon coupling of a power unit operated by Carrier to the trailer. The period of Carrier’s liability shall terminate once Carrier has made the trailer available for unloading at the consignee’s location. Carrier’s sole liability with respect to delay in pick-up or transportation shall be if Carrier fails to deliver with reasonable dispatch and such failure results in loss, damage or destruction to cargo being transported.
(d) Unless a higher value is declared by Shipper in accordance with the provisions herein and the additional freight charges applicable to such declaration have been paid, Carrier’s liability for loss, damage, or destruction as to any cargo shall not exceed the lesser of one tenth of one dollar ($0.10) per pound, or one hundred thousand dollars ($100,000.00) per occurrence while the product is in transit within the continental United States. Carrier shall not be liable for loss or damage to cargo if the total value of the loss or damage is not greater than fifty dollars ($50.00). Any shipment with an actual value in excess of the valuation limitation described in this paragraph will not be accepted unless Carrier has acknowledged in writing acceptance after prior notification of excess value in accordance with this Item.
(e) If the shipper does not properly describe the freight on the Bill of Lading or uses a description of “FAK” or “Freight All Kinds” or other language that does not properly identify the commodities shipped, subsequent claims for shortage or damage will be based on the lowest value of any commodity contained in the shipment.
(f) Carrier does not have any Cargo Liability nor provide any Cargo Insurance whatsoever while the product is at the customs brokers or is in transit outside the continental United States, to include within the Republic of Mexico or Canada. Cargo Insurance while the product is outside the continental United States must be arranged for by the Shipper, consignee and/or owner of the goods.
(g) Declaring values in excess of $100,000 or $0.10 per pound.
(i) Carrier must be notified at the time it agrees to transport cargo that a value in excess of $100,000 or$0.10 per pound (but in any event, not exceeding $150,000) will be declared, and the amount that will be declared. In order to request such additional liability, the shipper must contact Carrier email@example.com and make such request.
(ii) No request for a higher level of Carrier liability shall be effective until reduced to writing signed by the customer and Carrier and including both the level of Carrier liability requested and the total transportation charge based on the requested level of liability. If Carrier agrees to accept the additional liability, Carrier will provide a signed rate confirmation sheet acknowledging Carrier’s acceptance of increased liability and reflecting additional charges as set forth below. A notation of agreed or declared value on the bill of lading unilaterally by the shipper shall not increase the default level of Carrier liability. Carrier’s driver is not an authorized representative of Carrier for purposes of this provision, meaning that declaration of value on the bill of lading at the time of tender, without complying with the remaining provisions of this Item, is an insufficient method of declaring value. The released value shall be valid (meaning Carrier’s $100,000 limitation of liability shall apply) unless Carrier has agreed in writing signed by an authorized representative to accept the cargo at the declared value.
(ii) The declared value must be clearly stated as such on the face of the bill of lading.
(iii) A charge of $3.50 per $100 of declared value in excess of $100,000 or $0.10 per pound, in addition to all other charges, shall be assessed.
(iv) Declared values in excess of $150,000 shall not be accepted, and in the event Shipper attempts to declare a value in excess of $150,000 per trailer or conveyance, Carrier’s liability shall continue to be limited to $100,000 per shipment.
(v) The transportation charge including the additional charge for excess carrier liability shall be paid by party specified in the bill of lading as responsible for the payment of freight charges.
(h) Regardless of commodity shipped or valuation, all transportation charges must be paid in full before any settlement for a claim for loss or damage will be made. No payor or other party with an interest in a shipment may deduct or offset any cargo loss, damage, or delay claims from any freight charges owed to Carrier. Carrier reserves the right, at its sole discretion, to either credit an account or provide an actual refund for any sums determined to be owed by Carrier.
(i) The valuation as determined by the provisions of this Item shall be the maximum liability in connection with a shipment of the specific cargo, including, but not limited to, any loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment. It is the shipper’s responsibility to prove actual damages. Exposure to and risk of any loss in excess of the released value provisions or declared value provisions as provided for in this item is assumed by the shipper.
(j) Liability for loss, damage, or destruction for temperature controlled cargo shall be subject to the limitations as provided in this item and Carrier shall only be liable for its own negligence. Where such cargo is transported, Carrier will not entertain any claims unless temperature damage is noted at time of delivery, and consignee (1) makes appropriate exceptions on the delivery receipt; (2) segregates and protects the damaged product, providing immediate notification to Carrier; (3) makes arrangements for USDA and/or Carrier inspection; and (4) follows salvage procedures as otherwise specified. Each consignee shall accept the common law duty to mitigate damages. In no case shall Carrier be responsible for damage to products when 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 Carrier at the time of loading.
(k) Carrier shall have the full benefit of the limitations on the amount of Carrier’s liability for cargo loss, damage or destruction as set forth herein unless Carrier has converted the cargo to its own use, or, through its intentionally wrongful conduct, has destroyed the cargo.
(l) Unless otherwise agreed to in writing, Carrier’s liability as a Warehouseman or ordinary Bailee for cargo loss or damage shall be limited to a maximum of one tenth of one dollar ($0.10) per pound, subject to a maximum one hundred thousand dollars ($100,000.00) per occurrence.
(m) The provisions of this item will apply to shipments that are returned or rejected, regardless of whether Carrier delivered the original shipment. Carrier will not be liable for the condition of the cartons, packages or products contained therein. Carrier will not be liable for the product piece count in palletized or unitized shipments, but only for the delivery back to the original point of origin of the same number of pallets or bins tendered to Carrier. Carrier’s responsibility will be limited to delivery of the same amount of loose pieces, pallets, or bins tendered, and delivery of the product at the same temperature as recorded when the product was tendered to Carrier. The rate of the return movement of such shipments shall be the same as the outbound movement in effect on the date of return. Return charges will be in addition to all charges applicable for the original shipment prior to the requested return.
(n) Claims for cargo loss and or damage, including all supporting materials, must be filed in writing with Carrier within 9 months of the date of delivery or attempted delivery (or when delivery should have been made in the event of lost freight). Lawsuits instituted against Carrier shall be barred unless they are instituted no later than two years and one day from the day when written notice is given by Carrier to claimant that it has disallowed its claim or part thereof. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, Carrier shall not be liable, and such claims will not be paid.
(o) IN NO INSTANCE SHALL CARRIER BE LIABLE, REGARDLESS OF THE ACTUAL OR ALLEGED NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF CARRIER, ITS EMPLOYEES, CONTRACTORS, OR UTILIZED INDIVIDUALS OR BUSINESS ENTITIES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR INCOME, OR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CARRIER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADVANCE CHARGES PROHIBITED
No advance charges that have accrued against a shipment prior to its receipt for transportation will be assumed or paid by the carrier, except such as are incidental to the transportation of freight (including drayage charges), and then only on such freight as in the judgment of the carrier or its agent is worth more than the total lawful charges at forced sale. No part of the cost of any article will be advanced by the carrier.
ARRIVAL NOTICE AND UNDELIVERED FREIGHT
- If freight cannot be delivered because of the consignee’s refusal to accept it, or because the carrier cannot locate the consignee or if freight cannot 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 may be placed in storage and the reason therefore.
- Undelivered shipments will be subject to applicable storage or detention charges.
- On undelivered shipments, disposition instructions printed on the bill of lading, shipping order, shipping label or container or disposition instructions issued prior to the tender of delivery will not be accepted as an authority to reship, return or re-consign a shipment or to limit storage liability.
BILLS OF LADING, FREIGHT BILLS AND STATEMENTS OF CHARGES
(Exception of NMFC Item 360)
- When an Export shipment is tendered to the carrier, a notation “FOR EXPORT” must be entered on the Bill of Lading.
- See ITEM 958 for a sample bill of lading. These rules are applicable whether or not a copy is forwarded to either shipper or consignee.
BILLS OF LADING – CORRECTED
Corrected Bills of Lading to change the freight charge collection status from PREPAID to COLLECT will not be accepted once the shipment has been delivered. A corrected Bill of Lading to change the original transportation contract from PREPAID to COLLECT will not be accepted if Section 7 (non-recourse clause) of the corrected Bill of Lading has been signed by the consignor.
COLLECTION OF CHARGES
(See Note A)
- When the Bill of Lading and Shipping Order indicates that a party other than the consignor or consignee is responsible for the pay the freight charges, such party’s name and address must appear in the body of the Bill of Lading at time of original tender. (See Note B)
- The carrier will not relinquish possession of any shipment until all charges have been paid, except where other arrangements, in accordance with ICC regulations, have been made. If the articles shipped are not as described, the charges must be paid upon the articles actually shipped.
- Should it be necessary for carrier to retain a third party to collect the charges accruing on the property covered by carrier’s Bill of Lading the party or parties responsible for payment of the charges will be liable to carrier for third party’s fees in the amount of thirty-five percent (35%) of the said total unpaid charges or $200.00, whichever is greater in addition to reasonable attorneys fees.
- Should carrier file suit to collect the charges, the party or parties responsible for payment of such charges will also be liable to carrier for court costs and interest charges at the rate of eighteen percent (18%) per annue of the total unpaid charges, such as interest to begin to accrue from the date Bill of Lading was issued, however, if the interest rate provided for herein is found to be usurious, then the maximum interest rate allowed under applicable usury laws will be the chargeable interest rate.
NOTE A: Shipments subject to the provisions of this item must be billed as “prepaid” (See Note C).
NOTE B: Such shipments will not be accepted if the consignor executed Section “7”, the non-recourse provision of the Bill of Lading.
NOTE C: Carrier will not accept a corrected Bill of Lading to add third party billing instructions if the shipment has already been delivered or if shipper has signed Section 7, the non-recourse provision, of the Bill of Lading.
All customs inbond movements will have a service charge of $50.00.
DETENTION-VEHICLES WITH POWER UNITS (Truckload)
Detention – Vehicles with Power Units
This item applies when carrier’s vehicles with power units are delayed or detained on the premises of consignor, consignee, or on other premises designated by them, or as close thereto as conditions will permit, subject to the following provisions:
Sec. 1. – General Provisions
- This item applies only when vehicles are delayed or detained at the premises of pickup or delivery and only when such delay or detention is not attributable to the carrier.
- Free time for each vehicle will be one hour for local movements and 2 hours for all others, unless otherwise agreed upon. After the expiration of free time, charges will be assessed as provided in Sec. 5.
- The detention charges due the carrier will be assessed against the party responsible for the payment of the freight charges and will be held responsible for any accrued detention charges. (See Note A)
- Nothing in this item shall require a carrier to pickup or deliver freight at hours other than carrier’s normal business hours. This shall not be construed to restrict a carrier’s ability to accept pickup and delivery schedules at hours other than its normal business hours.
NOTE A: At those marine terminal facilities where Federal Maritime Commission detention charges apply, carrier charges pursuant to this rule will be assessed on the party responsible for the payment of the freight charges to the extent such charges exceed those of the Federal Maritime Commission.
Sec. 2. – Definitions
- “Vehicle” means tractor-trailer/container combinations used for the transportation of property.
- “Loading” includes furnishing carrier with the Bill of Lading, forwarding directions or other documents necessary for forwarding the shipment.
- “Unloading” includes;
- Payment of lawful charges to the carrier when required prior to delivery of the shipment;
- Notification to the carrier that vehicle is unloaded: and
- Signing of the delivery receipt.
Sec. 3. – Computation of Time
- Commencement and termination:
- The time per vehicle shall begin to run upon actual notification by carrier to a responsible representative or consignor, consignee or other designated party at the premises of pickup or delivery of the arrival of the vehicle for loading and unloading. Upon such notification, the responsible representative of consignor, consignee or other designated party may enter the time of arrival onto the carrier’s detention record. If the representative refuses to enter the time, then carrier will enter the time and it will be binding upon each party.
- Time shall end upon completion of loading or unloading. Upon such completion, a responsible representative of consignor, consignee or other designated party may enter the time of completion onto the carrier’s detention record. If the representative refuses to enter the time, then carrier’s employee will enter the time and it will be binding.
- Upon reasonable request of consignor, consignee or others designated by them, carrier will, without additional charge, enter into a prearranged schedule for arrival of the vehicle for loading or unloading.
- When the carrier enters into a prearranged schedule with consignor, consignee or others designated by them for the arrival of the vehicle for loading or unloading and carrier is unable for any reason to maintain such schedule, then carrier and consignor, consignee or other party designated by them have the option to agree to a mutually convenient and prompt alternative arrival time or in the event such agreement cannot be reached, to compute detention time against consignor, consignee or other party designated by them from carrier’s actual arrival time subject to an extension of 60 minutes, or fraction thereof, the vehicle is delayed beyond the originally scheduled arrival time; in no case shall such extended free time exceed 60 minutes.
- If carrier’s vehicle arrives prior to scheduled time, time shall begin to run from the scheduled time or actual time loading or unloading commences, whichever is earlier.
Sec 4. – Free Time
- When a vehicle with power is changed to a vehicle without power at the request of consignor, consignee or other party designated by them, the free time and detention charges will be applied as follows:
- If change is requested and made before the expiration of free time for a vehicle with power, free time will cease immediately at the time the request is made, and detention charges for vehicles without power will immediately commence with no further free time allowed.
- If the change is requested and made after the expiration of free time for a vehicle with power, free time and detention charges will be computed on the basis of a vehicle with power up to the time the change was requested. In addition thereto, the vehicle will immediately be charged detention for vehicles without power with no further free time allowed.
- When a vehicle is both unloaded and reloaded, each transaction will be treated independently of each other, except that when loading is begun before unloading is completed, free time for loading shall not begin until free time for unloading has elapsed.
- Loading or unloading at more than one site at or on the premises of consignor, consignee or other designated party shall constitute one vehicle stop.
Sec. 5. – Charges
When the delay per vehicle beyond free time is 1 hour less, the charges will be $60.00. For each additional 15 minutes or fraction thereof, the charge will be $15.00, unless otherwise agreed to.
Sec. 6. – Records
A written record of the following information must be maintained by the carrier on all truckload shipments, and such record must be kept available at all times:
- Name and address of consignor, consignee or other party at whose premises freight is loaded or unloaded;
- Identification of vehicle tendered for loading or unloading:
- Date and time of notification of arrival of the vehicle for loading or unloading;
- Date and time loading or unloading is begun;
- Date and time loading or unloading is completed;
- Date and time vehicle is released by consignor, consignee or other party at place of pickup or delivery after loading or unloading is completed;
- Whether articles are tendered under a prearranged schedule for loading or unloading;
- Date and time specified for vehicles tendered under prearranged schedule; and
- Alternative made when a vehicle is tendered under a prearranged schedule that was not adhered to.
DETENTION – VEHICLES WITHOUT POWER UNITS
Detention – Vehicles without power units – spotting or dropping trailers (See Note A)
This item applies when carrier’s vehicles without power units are delayed or detained on the premises of consignor, consignee or on other premises designated by them, or as close thereto as conditions will permit, subject to the following provisions:
NOTE A: For the purpose of this item, the terms “spotting” and “dropping” are considered to be synonymous and are used interchangeably.
Sec. 1. – General Provisions
- Subject to the availability of equipment, carrier will spot empty or loaded trailers for loading or unloading on the premises of consignor, consignee or on other premises designated by them, or as close thereto as conditions will permit.
- Loading or unloading will be performed by consignor, consignee, or other party designated by them. When carrier’s employee assists in loading, unloading or checking the freight, the detention provisions governing vehicles with power units will apply. In the case of spotting for loading, the Bill of Lading must show “Shipper Load and Count”.
- Carrier responsibility for safeguarding shipments loaded into trailers spotted under the provisions of this item shall begin when loading has been completed and possession thereof is taken by the carrier.
- Carrier responsibility for safeguarding shipments unloaded from trailers spotted under the provisions of this item shall begin when loading has been completed and possession thereof is taken by the carrier.
Sec. 2. – Movement of equipment
Consignor, consignee or other designated party will indemnify, protect, save and hold harmless carrier from any claims, liabilities, losses, damages, costs and expenses of any kind, imposed upon, incurred by or asserted against carrier arising from, connected with or resulting from consignor, consignee or other designated party shifting or moving the spotted trailer with its own power units.
Sec. 3. – Computation of Free Time
- Commencement of spotting and free time:
- Spotted trailers will be allowed 2 hours of free time for loading or unloading. For trailers spotted for unloading, such time shall commence at the time of placement of the trailer at the site designated by the consignee, or other party designated by consignee. For trailers spotted for loading, such time shall commence when the trailer is spotted at the site specifically designated by consignor or a party designated by consignor.
- Trailers/containers under this section spotted overnight are charged at $200.00 per day, unless otherwise agreed upon.
- Termination of spotting and notification:
- Consignor, consignee or other party designated by them shall notify carrier when loading or unloading has been completed and the trailer is available for pickup. The trailer will be deemed to be spotted and detention charges will accrue until such time as the carrier receives notification.
- When a spotted trailer is changed to vehicle with power at the request of consignor, consignee or other party designated by them, the free time and detention charges will be applied as followed:
- If the change is requested and made before the expiration of free time for a spotted trailer, free time will cease immediately at the time request is made, and detention charges for vehicles with power will immediately commence with no further free time allowed.
- If the change is requested and made after the expiration of free time for a spotted trailer, free time and detention charges will be computed on the basis of a spotted trailer up to the time the change was requested. In addition thereto, the vehicle with power with no further free time allowed.
- Prearranged Scheduling:
- Upon reasonable request of consignor, consignee or others designated by them. Carrier will, without additional charge, enter into a prearranged schedule for the arrival of trailers for spotting.
- If carrier’s vehicle arrives later than the scheduled time, time shall begin to run from the actual time spotting commences.
- If carrier’s vehicle arrives prior to scheduled time, time shall begin to run from the scheduled time or actual time spotting commences, whichever is earlier.
Sec. 4. – Charges
- a) General detention charges: After the expiration of free time as provided in Sec.3 (a) of this item, charges for detaining a trailer/container will be assessed as follows, unless otherwise agreed upon:
- For each of the first and second 24 hour periods or Fraction thereof (Saturdays, Sundays or Holidays excepted) $200.00
- For each of the third and fourth 24 hour periods or Fraction thereof (Saturdays, Sundays or Holidays excepted) $200.00
- For the fifth and each succeeding 24 hour period or Fraction thereof (Saturdays, Sundays or Holidays included) $200.00
These charges are in addition to any per diem or chassis charges for the detained equipment.
- Delay in trailer pickup charge: No additional charge will be made for picking up trailers spotted under this item when such pickup can be performed within 30 minutes after arrival of driver and power until at premises of consignor, consignee or other party designated by them. When a delay of more than 30 minutes is encountered, detention charges for vehicles with power will commence from the time of arrival as specified in Item 500.
- Strike interference charge: When, because of strike of employees it is impossible for consignor, consignee or other party designated by them to make available for movement by carrier any partially loaded or empty trailers detained on their premises, detention charges in 4(a) will apply.
Sec. 5. – Records
A written record of the following information must be maintained by the carrier on all spotted trailers and such record must be kept available at all times:
- Name and address of consignor, consignee or other party at whose premises the trailer is spotted;
- Identification of spotted trailer;
- Date and time of arrival of the trailer for spotting;
- Date and time notification that the spotted trailer is ready for pickup was received by carrier;
- Date and time of arrival and departure of power unit for pickup;
- The duration of any strike induced delay on the premises of consignor, consignee or other designated party which resulted in carrier’s inability to obtain the release of any trailer, and any actions take to hasten the release;
- Whether trailers are spotted under a prearranged schedule; and
- When trailers spotted under prearranged schedule, the date and time specified therefore.
- Except as otherwise shown in tariffs making reference hereto, the distances shall be computed from the point of loading to the point of unloading by practical miles and shall be ascertained by compilation of distances as show in PC Miler current version.
- Where the shipper, consignee or owner requests transportation of a shipment over a route longer than the shortest route, the mileage over the longer route shall be used to determine the charge.
- In determination of mileage, fractions of a mile shall be increased to the next whole figure.
EXPORT, IMPORT, COASTWISE AND INTERCOASTAL SHIPMENTS—
IN TRAILERS AND/OR CONTAINERS RECEIVED FROM OR DELIVERED
TO WATER CARRIERS
International, export, import, coastwise, and inter coastal shipments will be transported in trailers and/or containers not owned by the motor common carriers parties to this tariff. When shipments so handled are received from or delivered to water carriers, rates provided in tariffs governed hereby will apply on the weight of the shipments and power units including the weight of the trailers, and the shipments will be transported under the conditions and subject to the additional charges provided in this section.
APPLICATION OF GENERAL PROVISIONS
- Loading shall, in no case, exceed the maximum weight that may be lawfully transported.
- Vehicle sizes refer to outside length of vehicle.
- Where time records are required motor common carrier must maintain such records and must make them available for inspection by authorized representative of regulatory authorities.
- When containers are to be moved over the highway secured to a chassis or bogey, such containers must be properly mounted on and secured to chassis or bogey when tendered.
- When loaded trailers or containers are received, such loaded trailers or containers must be sealed prior to acceptance.
- Each container moving under the provisions of this section will be considered as fully loaded or loaded to capacity.
- Shipments may be accorded stop off-in-transit for partial loading or partial unloading privileges.
APPLICATION OF GENERAL PROVISIONS – SHIPMENT IN CONTAINERS
- Shipments moving under United States Customs Bond will be subject to charge $100.00 per shipment or per container if more than one container is required to transport the shipment, to cover special handling, these charges will be in addition to the freight and other lawful charges, unless otherwise agreed upon. (See Note A)
- Except as provided in NOTE B, line-haul charges on shipments requiring United States Customs Clearance at a point other than the final destination will be assessed on the basis for 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.
- Shipments awaiting Customs Clearance will be subject to the detentions and charges as provided herein and such charges, if any, will be paid by the party responsible for the line haul freight charges.
NOTE A – Shipments moving under “United States Customs Bond” will not be accorded stopping-in-transit en route privileges.
NOTE B – Not applicable when the final destination is located within the terminal area (See ITEM 940) of the point of United States Customs Clearance.
LINE HAUL RATES
Line haul rates are assessed at $3.00 per mile whether loaded or empty subject to a $350.00 minimum, unless otherwise agreed upon.
All rates and charges published in this tariff are hereby or will on their effective date be increased as provided as follows, unless otherwise specifically stated in the contract.
In applying the provisions of this item, first determine the applicable net freight charges including all applicable increases. The net freight charge so determined will be further subject to the surcharge provided.
The amount of the fuel surcharge is determined by the US National average Fuel Index as published by the US Department of Energy. The current index may be obtained by calling 1(202) 586-6966. The index is announced each Monday and the fuel surcharge will be adjusted accordingly the following Wednesday. If Monday falls on a holiday, the index for the next business day that is not a holiday will be used to determine the applicable fuel surcharge, unless otherwise agreed upon.
FUEL SURCHARGE MATRIX
The fuel surcharge will cease when the DOE’s posted price is $1.79 or lower.
PRICE SURCHARGE PRICE SURCHARGE
$1.00 to $1.059 -$0.05 $2.62 to $2.679 $0.22
$1.06 to $1.119 -$0.04 $2.68 to $2.739 $0.23
$1.12 to $1.179 -$0.03 $2.74 to $2.799 $0.24
$1.18 to $1.239 -$0.02 $2.80 to $2.859 $0.25
$1.24 to $1.299 -$0.01 $2.86 to $2.919 $0.26
$1.30 to $1.359 No surcharge $2.92 to $2.979 $0.27
$1.36 to $1.419 $0.01 $2.98 to $3.039 $0.28
$1.42 to $1.479 $0.02 $3.04 to $3.109 $0.29
$1.48 to $1.539 $0.03 $3.11 to $3.169 $0.30
$1.54 to $1.599 $0.04 $3.17 to $3.229 $0.31
$1.60 to $1.659 $0.05 $3.23 to $3.289 $0.32
$1.66 to $1.719 $0.06 $3.29 to $3.349 $0.33
$1.72 to $1.779 $0.07 $3.35 to $3.409 $0.34
$1.78 to $1.839 $0.08 $3.41 to $3.469 $0.35
$1.84 to $1.899 $0.09 $3.47 to $3.529 $0.36
$1.90 to $1.959 $0.10 $3.53 to $3.589 $0.37
$1.96 to $2.019 $0.11 $3.59 to $3.649 $0.38
$2.02 to $2.079 $0.12 $3.65 to $3.709 $0.39
$2.08 to $2.139 $0.13 $3.71 to $3.769 $0.40
$2.14 to $2.199 $0.14 $3.77 to $3.829 $0.41
$2.20 to $2.259 $0.15 $3.83 to $3.889 $0.42
$2.26 to $2.319 $0.16 $3.89 to $3.949 $0.43
$2.32 to $2.379 $0.17 $3.95 to $4.009 $0.44
$2.38 to $2.439 $0.18 $4.01 to $4.069 $0.45
$2.44 to $2.499 $0.19 $4.07 to $4.129 $0.46
$2.50 to $2.559 $0.20 $4.13 to $4.189 $0.47
Will increase by $0.01 per mile for every $0.06 increase thereafter.
HAZARDOUS MATERIALS OR SUBSTANCES
1) Carrier will accept shipments of hazardous materials or substances for transportation in accordance with the transportation requirements of the US Department of Transportation.
2) When Consignor/Consignee requests Carrier to transport hazardous materials or substances, a charge of $100.00 per shipment will apply.
In no case shall the carrier be required to perform pickup or delivery service at any location from or to which, in the sole determination or discretion of carrier, it is impracticable to operate vehicles because of the condition of roads, streets, driveways, alleys or approaches thereto, inadequate loading or unloading facilities or any riot or strike.
LIMITATION OF SIZE AND WEIGHT
The obligation to accept articles for shipment shall be subject to capacity, type of vehicle, facilities, equipment, and to requirements of laws or ordinances limiting or regulating the transportation of property of the use of vehicles and facilities.
LOADING BY CONSIGNOR – UNLOADING BY CONSIGNEE
Carrier is not responsible for loading or unloading.
PREPAYMENT OR GUARANTEE OF CHARGES
Except as provided, shipments will be accepted subject to the following provisions:
1) A prepaid shipment is one on which the charges for transportation service rendered at the request of the consignor, including charges for any accessorial services performed at the request of the consignor are to be paid by the shipper.
2) A collect shipment is one which the charges for transportation service including accessorial services rendered at the request of the consignee, or requested by the consignor for the consignee, are to be paid for by the consignee.
3) A shipment on which charges are to be paid by a party other than the consignor or consignee will be accepted provided that the consignor has established credit with the carrier picking up the shipment at origin and guarantees to pay the charges if the third party fails to do so within the time allowed under the credit regulations of the Federal Highway Administration or state regulatory commission. Such a shipment will not be accepted if the consignor executes Section 7 of the Bill of Lading.
4) If, in the judgment of the carrier picking-up a shipment at origin, the forced sale of the goods would not realize the total charges due at destination, the shipment must be prepaid.
5) If a shipment is required by Section 4 hereof or by any provisions of this classification to be prepaid, it will be accepted on a collect basis if the consignor has established credit with the carrier picking up the shipment at origin and the consignor guarantees to pay the charges if the consignee fails to do so within the time allowed under the credit regulations of the Federal Highway Administration or state regulatory commission. Such a shipment will not be accepted as collect shipment if the consignor executes section 7 of the Bill of Lading.
6) Freight charges must be prepaid on all shipments consigned to or care of amusement parks, trade shows, chautauguas, fairs or exhibitions.
7) All freight and accessorial charges on all shipments consigned to federal, state, county or local Governmental Bodies or agencies, including schools, must be prepaid or guaranteed. (See Note A)
8) All freight and accessorial charges on all shipments of Salvage Parts or Materials must be prepaid or guaranteed.
NOTE A: Not applicable on shipments moving on Government Bills of Lading.
PREPAYMENT OR COLLECTION OF FREIGHT CHARGES
ON EXPORT SHIPMENTS
(See Note A)
All freight charges on shipments for export must be prepaid or invoiced to a third party. Paragraph (2) of Item 769 shall not apply.
NOTE A: The provisions of this item will not apply on shipments moving on Government Bills of Lading
PRINCIPLES AND PRACTICES FOR FAILURE TO MAKE PAYMENT OF FREIGHT CHARGES
Failure to make payment of freight charges to subject carriers for services performed as a common carrier by subject carriers, which subsequently results in legal action (such as collections) taken against the debtor, will be subject to the following:
1) Forfeiture of all discounts, allowances, commodity rates, brokerage agreements, incentives or any other rate reductions enjoyed by such debtor, if any, on all unpaid freight bills.
2) A penalty of 125% of the remaining freight bill amount due subject carriers after having added back any forfeitures as described in Paragraph 1.
3) In addition to the provisions of Paragraphs 1 and 2, debtor will be responsible for attorney fees and/or court costs associated with or as a result of any collection action.
PROHIBITED OR RESTRICTED ARTICLES
Sec. 1: PROPERTY EXTRAORDINARY VALUE
Unless otherwise provided, the following property will not be accepted for shipment nor as premiums accompanying other articles:
Currency, other than coin
Original works of art
Jewelry, other than costume or novelty jewelry
Letters, with or without stamps affixed
Valuable papers of any kind
Museum exhibits or articles of antiquity
Sec. 2: FREIGHT LIABLE TO DAMAGE OTHER FREIGHT OR EQUIPMENT
Carriers are not obligated to receive freight liable to impregnate or otherwise damage other freight or carriers’ equipment. Such freight may be accepted and receipted for subject to delay for suitable equipment, or may, for lack of suitable equipment, be refused.
Service is not offered unless in conjunction with service provided by an ocean carrier.
STOPPING OFF FOR PARTIAL LOADING OR UNLOADING
- Stop Offs Permitted:
- After initial pickup stop at origin and prior to final delivery stop at destination, a shipment may be stopped for the purpose of picking up or delivering component parts of a single shipment at origin, at points en route to destination, or at destination.
- Pickup or delivery service may be performed a additional loading or unloading sites at origin, destination or intermediate stop off points within the continuous plant property or premises of the party receiving the service provided the pickup or delivery sites are not intersected by more than one public thoroughfare. A vehicle transfer charge of $84.00 will be assessed for each transfer, unless otherwise agreed upon, or vehicle from one loading or unloading site to another. Pickup or delivery service between loading or unloading site separated by more than one public thoroughfare will be governed by other stop off provisions in this item.
- The total distance from initial origin to final destination via the stop off point or points will be used to compute line haul charges.
Freight held in carrier’s possession by reason of an act or omission of the consignor or owner, or for customs clearance or inspection, and through no fault of the carrier, will be considered stored immediately and will be subject to the following provisions:
- Storage charges on freight awaiting line will begin at 7:00 AM, the day after freight is received by carrier.
- Storage charges on undelivered freight will begin at 7:00 AM the first calendar day after notice of arrival has been given, except no charges under this item will be made when actual tender of delivery is made within 24 hours after such notice of arrival has been given.
- When carrier has been given instructions at time of shipment or prior to giving notice of arrival, that consignee will not accept freight for more than 24 hours, storage will begin at 7:00 AM the first business day after arrival at destination.
- When carrier notifies consignee at 11:59 AM or earlier on the day freight is ready to be delivered and the consignee refuses to, or does not accept delivery on the day notified, storage charges as provided in Paragraph 4 of this item will begin from the time consignee was notified, and the provisions of Paragraph 2 of this item will not apply on shipments subject to detention as provided in Item 502.
- Freight stored in carrier’s possession which is subject to truckload or container load rates will be assessed the following charges:
For the first 24hrs or fraction thereof………………………$100.00
For the second 24hrs or fraction thereof………………………$150.00
For the third & each succeeding 24hrs or fraction thereof…$200.00
Per shipment or per vehicle if more than one vehicle is used to transport the shipment plus any per diem or chassis charges. If with a power unit, these charges double.
- Storage charges under this item will end when carrier is enabled to deliver or transport the freight as a result of action by the consignee, consignor, owner or Customs Official.
- Storage charges under this item will apply on the day carrier places the freight in a public warehouse. When carrier does place the freight a public warehouse, the following charges will be assessed:
449 center per 100 pounds, subject to a minimum charge per shipment of $44.90 and a maximum charge of $560.50 per shipment or per vehicle if more than one vehicle is used to transport the shipment.
TERMINAL CHARGES AT PORTS
Unless otherwise provided, the rates and charges published in tariffs governed by this tariff do not include wharfage, usage, loading or unloading charges, or any other port terminal charges at piers, wharves, dockside terminals or warehouses, and carrier will not absorb said charges.
When there is no other access to pick-up or delivery site except via a toll road or bridge the following charges will apply.
- Current toll charge will be added to all other lawful charges and must be prepaid by shipper or paid by consignee.
BILLS OF LADING
Sample participating carrier bill of lading contract:
- EXCESS WEIGHT: All weight in excess of legal gross vehicle weights on standard equipment or customers provided tri axle will have an additional charge of $50.00 per state, unless otherwise agreed upon. Excess weight charges, permits, tire repair and slung cap replacement costs shall be for the account of the party paying the freight.
- OVERWEIGHT CITATIONS: Overweight citations/fines shall be for the account of the party paying the freight and will be assess a handling charge of 2% of the amount of the citation/fine, with a minimum handling charge of $20.00 when correct weights are not described.
- OVERWEIGHT PERMITS: Overweight permits can be obtained in various states however each state has different ruling and charges. Please contact the terminal if arrangements need to be made for a movement. Charges shall be for the account of the party paying for the freight and such charge shall be at a rate made exclusively by the Motor Carrier including transmissions.
VEHICLE ORDERED – NOT USED
Where through no fault of the motor carrier, the party requesting pick up or positioning of a chassis/container to or from any location, cancels the use of the equipment so requested at any time after the motor carrier comes into possession of the equipment, the full rate for the original move shall be applied. The party responsible for paying the freight shall be invoiced as though the original move had been completed by the motor carrier for the account of the cargo. Any ocean carrier changes caused by this act are the responsibility of the bill to party.