Revised 21 February 2011
SCHEDULE A “RULES TARIFF”
ITEM 1. |
MAXIMUM CARGO WEIGHTS FOR 20' AND 40' CONTAINERS: |
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ITEM 2. |
EXCESS WEIGHT: All weight in excess of 44,000 LBS on standard equipment or customers provided tri axle will have an additional charge of fifteen (15) cents per 1,000 LBS per mile. Excess weight charges, tire repair and slung cap replacement costs shall be for the account of the party paying the freight. |
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ITEM 3. |
OVERWEIGHT CITATIONS: Overweight citations / fines shall be for the account of the party paying the freight and will be assessed a handling charge of 2 % of the amount of the citation / fine, with a minimum handling charge of $20.00. |
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ITEM 4. |
OVERWEIGHT PERMITS: Overweight permits can be obtained in various states, however each state has different rulings and charges. Please contact the terminal if arrangements need to be made for a movement. Charges shall be for the account of the party paying for the freight and such charge shall be at a rate made exclusively by the Motor Carrier. |
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ITEM 5. |
BRIDGE AND TUNNEL TOLLS: Where the carrier has to pay tolls, such as in the states of Pennsylvania , New York , New Jersey , Virginia , Florida , Maryland , etc., such tolls shall be reimbursed by the party paying the freight. |
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ITEM 6. |
TEMPERATURE CONTROL EQUIPMENT: The motor carrier assumes no responsibility for any mal-function or repair of refrigerated equipment except for fueling. Please add ten (10) percent surcharge to the rate for cargo hauled that requires refrigerated equipment, with a minimum charge of $100.00. |
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ITEM 7. |
CONTAINER LOADING/UNLOADING: Drivers are not required to assist with loading, unloading or counting of freight. Container doors shall not be opened nor closed by the driver. All container loads are shipper load or consignee unload and shippers count. |
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ITEM 8. |
OUT OF ROUTE MILES: Motor carrier will, if requested, operate over a given route at the request of the consignor, consignee, or their agents; likewise, should the nature of the cargo or equipment require an alternate route because of safety, legal or insurance requirements. If the mileage via such route exceeds the shortest route between origin and destination, the excess mileage will be charged at $1.50 per mile, in addition to other applicable charges. |
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ITEM 9. |
STOP-OFF IN TRANSIT FOR PARTIAL LOADING/UNLOADING, INSPECTION AND/OR TRANSFER OF CONTAINER OR CHASSIS: A total of two stops in transit, in addition to final pick-up and delivery, will be permitted. The charge for each stop will be $125.00 in addition to all other applicable charges plus detention time charges in excess of 60 minutes free time each stop. |
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ITEM 10. |
DEMURRAGE (STORAGE CHARGED TO STEAMSHIP LINE BY PORT): Under no circumstances shall the Motor carrier be responsible for demurrage unless agreed to in writing prior to pick-up of container. |
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ITEM 11. |
DETENTION (WAITING TIME WITH DRIVER): This item applies when carriers' vehicles, or power units, are delayed or detained by the shipper, consignee or their representative on the premises designated by them. When the delay per vehicle beyond free time is one (1) hour or less, the charge will be $80.00. For each additional thirty (30) minutes or fraction thereof beyond one hour, the charge will be $40.00. |
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ITEM 12. |
WEIGHT VERIFICATION: Carrier will verify the weight of any shipment upon the request of the consignor / consignee. A charge of $100.00 (or actual charges, whichever is greater) per vehicle will be paid for such verification by the requesting party. |
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ITEM 13. |
REMOVING AND RESPREADING TARPAULIN: Carrier will upon request assist in removing and respreading tarpaulin. The charge for such service will be $250.00 for 40' equipment and $200.00 for 20' equipment. If the Motor carrier is requested to remove or respread the tarpaulin without assistance, the charge will be $350.00 for 40' equipment and $250.00 for 20' equipment. Payment for these charges shall be on a C.O.D. basis paid directly to driver at the time of request. |
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ITEM 14. |
SPOTTING OF HIGHWAY INTERMODAL VEHICLES: Where the motor carrier is requested by the water carrier to spot or retrieve a container/chassis at the customer's premises or any other location for the purpose of loading, unloading, inspection or any other function not directly and personally supervised by the motor carrier, the water carrier assumes all responsibility for per diem charges, equipment damages and any other claim by any party. By such request, the highway intermodal vehicle shall be considered not in possession or control of the motor carrier at any time while the highway intermodal vehicle remains detached from the motorized truck operated by the motor carrier. This rule overrides any other agreement to the contrary. |
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ITEM 15. |
HAZARDOUS MATERIAL: A surcharge for 15% for 20' and 20% for 40' containers shall be added to the base rate. Minimum charge $100. |
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ITEM 16. |
CREDIT TERMS: Payment for services performed by the Motor Carrier must be paid to the Motor Carrier by the party paying the freight at time of shipment unless a different payment schedule is agreed to in writing by the Motor Carrier. There can be no offset to Motor Carrier's freight charges under any circumstances except where a monetary judgment has been obtained from a Court of Law. Where motor carrier’s invoices for previous service performed by the motor carrier remain unpaid for 10 consecutive days after written notification of demand for payment (certified or registered mail) to the party responsible for making payment, the motor carrier may retain all cargo and property of the debtor in the possession of the motor carrier until said invoices are paid to the motor carrier. Recovery of cargo and property can not be had by any party until complete payment of previous invoices has been made to the motor carrier. |
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ITEM 17. |
LATE ARRIVAL: Under no circumstances shall the motor carrier be liable for any charges or costs because of late arrival of intermodal equipment at shipper/consignee premises nor liable for any charges or billing assessed by the Port or Steamship Line for late arriving water carrier equipment in meeting vessel close-out. |
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ITEM 18. |
VEHICLE ORDERED – NOT USED. Where through no fault of the motor carrier, the party requesting pick up or positioning of a chassis/container to or from any location, cancels the use of the equipment so requested at any time after the motor carrier comes into possession of the equipment, the full rate for the original move shall be applied. The party responsible for paying the freight shall be invoiced as though the original move had been completed by the motor carrier for the account of the cargo. |
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ITEM 19. |
CONTAINER DELIVERY / BREAKING OF SEAL. The motor carrier’s driver, when directed to deliver a container to a given premises, is not required to remove nor affix a container door seal. Once the seal is removed, such removal shall be considered a complete delivery of the cargo and container “as is” and the carrier’s bill of lading concluded. The driver is not required thereafter to reposition the container/chassis, nor open the container doors, nor back the container against a dock. A party so requesting any type service by the driver after the seal has been removed shall assume all risks pertaining to injury, accident and damage, shall indemnify the driver and motor carrier for any and all claims resulting from such additional service so provided by the driver. |
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ITEM 20. |
LIMITED CARGO LIABILITY CLAIMS. Payment for cargo loss or damage shall be limited to $1.25 per pound where the motor carrier through its negligence is responsible for such loss or damage. If agreed between shipper and Motor Carrier in writing, a higher limitation per shipment may be available but shall be limited to the maximum amount of Motor Carrier’s cargo liability insurance coverage per vehicle. Special damages caused by a delay in delivering are specifically excluded except where (a) shipper or consignee provides written notice to Motor Carrier’s Claims department manager (by fax only) prior to tender of shipment that special damages will be caused by delay in delivery and Carrier’s Claims department manager provides a written reply to shipper or consignee by fax prior to tender of shipment accepting responsibility for such special delay liability. Motor Carrier thereupon shall have the option to accept the shipment or refuse to accept the shipment. In the event the Motor Carrier agrees to accept such special damage liability shipment, the shipper or its agent shall provide written notice on the bill of lading at the time of tender to Motor Carrier that special damages will be caused by delay in delivery as agreed by Motor Carrier’s Claims Department manager. This type of shipment shall be considered as “Expedited Service”. |
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ITEM 21. |
EXPEDITED SERVICES. Where the Motor Carrier guarantees at the request of the Shipper or Consignee to a delivery time to meet any special circumstance under a penalty to the Motor Carrier for delay or non-delivery for reasons other than that caused by an act of God, the public enemy, the authority of law, or actions or omissions of a third party, or the act or default of the shipper, or owner; the shipment shall bear a surcharge of an additional $1.50 per loaded mile traveled by Motor Carrier motorized equipment in addition to all other charges and shall be paid by the party requesting the service. Failure of Motor Carrier to perform as guaranteed will cancel the surcharge and such cancellation of such surcharge shall be considered as payment of liquidated damages and shall cover all compensatory and consequential damages suffered by Shipper, Consignee, their agent, owner of the cargo, or third parties. (Minimum expedited service charge $300 per shipment) |
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ITEM 22. |
BILL OF LADING. All terms and condition of the Standard Truckload Bill of Lading shall apply to all shipments tendered to the Motor Carrier unless specifically waived by the contents of this “Rules Tariff”. |
A UNIFORM BILL OF LADING TERMS AND CONDITIONS
Sec.1. (a) The carrier or
the party in possession of any of the property described in this bill of
lading shall be liable as at common law for any loss thereof or damage
thereto, except as hereinafter provided. |
(c) where carrier has
attempted to follow the procedure set forth in subsections 4(a) and (b) above
and the procedure provided in this section is not possible, nothing in this
section shall be construed to abridge the right of the carrier at its option
to sell the property under such circumstances and in such manner as may be
authorized by law. When perishable goods cannot be delivered and disposition
is not given within a reasonable time, the carrier may dispose of property to
the best advantage. |