CRYSTAL MOTOR EXPRESS, INC.

Transcription

1 TABLE OF CONTENTS SUBJECT ITEM PAGE Governing Publications Arrival Notice & Arrival Notice of Undelivered Freight Application of Rates Copying Paperwork Corrected Bills of Lading Bridges, Ferries, Flagmen, Fines, Highway or Tunnel Charges, Penalties or Permits or any Tolls or Fees Capacity Loads Overcharge Claims Claims Minimum Loss & Damage Claims Requirement for Presentation in Writing Form & Method of Presentation Discounts Collect on Delivery (C.O.D.) Shipments Collection of C.O.D. Shipments Carrier Responsibility is Limited Collection of Charges & Extension of Credit Third Party Billing Control & Exclusive Use of Vehicle Customs or in Bond Shipments Detention Vehicles With Power Units Detention Vehicles Without Power Units Spotting of Trailers Detention Vehicles Picking up or Delivering Shipments Weighing Less Than 10,000 lbs Subject to Less-Than-Truckload or any Quantity Rates. Document Pickup Charge Expedited Service Export, Import, Coastwise & Inter-coastal Shipment Hazardous Materials Export Traffic Export, Import, Coastwise & Inter-coastal Shipments Paying of Charges Export Traffic Steamship Vehicles Orders, Not Used or Not Available Impracticable Operations Liability Limit Pallet rates Light & Bulky Freight Loading by Consignor Unloading by Consignee Loading or Unloading at Steamship Piers, Wharves or Docks Linear Foot Minimum Charge Mixed Shipments for LTL Commodity Rates or Class Rates for Shipments Subject to Minimum Weights of 2000 Pounds or More Over Dimension Freight New York Arbitrary Overweight Fines Payment of Charges & Extension of Credit Penalty for Non-Payment of Freight Charges Notice to Shippers, Receivers, & Other Persons Responsible for Payment of Freight Charges ISSUED: July 1,

2 Recovery of Collection Costs; Applicable Law and Choice of Venue TABLE OF CONTENTS SUBJECT ITEM PAGE Pickup or Delivery Service at Private Residences Pickup & Delivery Service by Trucks Equipped with Hydraulic Lift Gates Pickup & Delivery General Pickup & Delivery Service Beyond Accessible Points Pickup or Delivery Service at Exposition or Convention Centers Pickup or Delivery Service at Construction or Wrecking Sites Pickup & Delivery Service Performed on Saturdays, Sundays, or Holidays Pickup & Delivery Service at Airports Proof of Delivery Protective Service Release Value Excess Valuation Quotations of Estimated Charges Re-consignment or Diversion Redelivery Released Value Commodities Returned Undelivered Shipment Spotting of Equipment Single Shipments Sorting, Segregation, or Marking of Freight Pool Car or Pool Truck Special Labor & Service Special Labor Dedicated Service Stop-offs Storage Storage of Perishable Freight Trailer Rental Terminal Handling Charges Toll Surcharging Uncrated Merchandise Uncrating of Merchandise Vehicles Furnished But Not Used Transportation Officer: Mechanicsburg, PA, New Cumberland, PA Fuel Surcharge (Application of Surcharge) Hazardous Materials Infectious Substances Weights & Inspections Explanation of Abbreviations & Reference Marks Martha s Vineyard & Nantucket Island Guaranteed AM Delivery Homeland Security Carrier Liability on Pallet Rated Shipment ISSUED: July 1,

3 ITEM 100 GOVERNING PUBLICATIONS This tariff is governed by the following publications and successive reissues thereof: National Motor Freight Classification The National Motor Freight Traffic Association, Agent Household Goods Carriers Bureau Committee, Mileage Guide ITEM 140 ARRIVAL NOTICE AND ARRIVAL NOTICE OF UNDELIVERED FREIGHT (A) Actual tender of delivery at consignee s place constitutes the notice of the arrival of a shipment except that for shipments consigned to private residence. All notice of arrivals shall be given in the manner described below, unless prior delivery arrangements have been noted on the bill of lading by the consignor. (B) If Bill of Lading requires carrier to notify consignee prior to actual delivery, a charge of $15.00 shall be assessed in addition to all other applicable charges. (C) If freight cannot be delivered because of the consignee s refusal or inability to accept it, or because the carrier cannot locate the consignee, or if the 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 is in storage (see Item 910 Storage and Item 915 Storage Of Perishable Freight) and the reason therefore. (1) Undelivered shipments will be subject to applicable storage or detention charges. (2) On undelivered shipments, disposition instructions issued prior to tender of delivery will not be accepted as authority to re-ship or return a shipment or to limit storage liability. (3) If a shipment is not actually tendered for delivery, notice of arrival will be given to the consignee not later than the next business day. (a) The notice will be given by telephone, if convenient and practicable, otherwise, by mail or facsimile. 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. (D) Due to the nature of the carrier s business which involves many variables beyond the carrier s control, under no circumstances will carrier be responsible for any charges accessed by consignee or consignor for failure on carrier s part to meet delivery appointments, times or schedules. ISSUED: July 1,

4 ITEM 160 APPLICATION OF RATES Class rate tariffs making reference hereto will apply only as follows: All outbound collect shipments will be subject to rates published in such Class tariffs increased by 18 percent in addition to all other applicable charges. ITEM 220 COPYING PAPERWORK When carrier is required to make photocopies of bill of lading or to provide duplicates of bill of lading and include such copies of duplicates with freight bill, a charge of $2.00 per freight bill will be assessed in addition to all other charges. ITEM 370 CORRECTED BILLS OF LADING Prior to delivery of a shipment, changes in the collection status (prepaid or collect) of a freight bill will be permitted upon receipt of a corrected bill of lading from the shipper. After a shipment has been delivered, requests for reversal of charges must be received in writing by the party (shipper or consignee) assuming responsibility for payment. Reversal of charges will not be allowed after payment has been received based on the terms (prepaid or collect) of the original bill of lading. Instructions to add, change or delete a third party to a freight bill may only be accepted from the shipper and only before payment has been received based on the terms of the original bill of lading. The new debtor must have established credit with carrier. The charge for changing the payment terms or the party responsible for payment of a freight bill will be $ The new debtor will be responsible for this additional charge. This charge will be in addition to all other charges and will not be subject to discounts, loading or unloading allowances. 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. NOTE: We will not accept corrected bills of lading on COD shipments. ITEM 380 BRIDGES, FERRIES, FLAGMEN, FINES, HIGHWAY OR TUNNEL CHARGES, PENALTIES OR PERMITS OR ANY TOLLS OR FEES (A) When on a shipment of any kind which, due to size, height, width, length, shape or weight requires special permits from the state highway department or departments of states or cities or municipalities ISSUED: July 1,

5 in which the shipment is being transported, a service charge of $60.46 per vehicle per state in which permit is procured will be charged to the shipper or party requesting movement of the shipment, by whom the charges are to be paid plus purchase cost of such permits where purchase is required. (B) The carrier will advance all expenses (including telephone and telegraph tolls) necessary to secure such licenses or permits, or will pay as incurred, all bridge, ferry, highway, tunnel or other public charges of like nature which are incurred in the handling of any such shipment which would normally be required on shipments not requiring permits. All such expenses or charges shall be in addition to other charges provided in this tariff and shall be collected from the shipper or company requesting movement of the shipment upon request. ITEM 390 CAPACITY LOADS (A) A separate bill of lading and shipping order must be used for each truckload shipment and, except as otherwise provided in paragraph (D), in no case may a shipment be tendered as a single truckload where the shipment exceeds the carrying capacity of the vehicle used for pickup. (B) Except as otherwise provided in paragraph(c) or (D), each truckload shipment will be assessed freight charges based on the applicable truckload rate and minimum weight (or actual weight if greater), but not less than the rate for 40,000 pounds as determined at the 40,000 pound minimum weight. No discount shall apply on rates stated at 40,000 pounds. (C) Each and every standard truck bearing a capacity load (Note A) of freight will be assessed freight charges based on the actual weight or the applicable truckload minimum weight, whichever is greater. (D) When a truckload shipment is tendered in excess of the quantity that can be loaded in or on one standard truck, freight charges on each standard truck will be assessed at actual weight, but not less than the truckload minimum weight and rate applicable thereto, except that the last vehicle carrying the excess will be assessed freight charges based on its actual weight and at the truckload minimum weight rate applied on the capacity load (Note B). NOTE A: The term Capacity Load as used herein shall mean: (1) The quantity of freight which, in the manner loaded, so fills a standard vehicle that no additional articles in the shipping form tendered can be loaded in or on the vehicle; or (2) The quantity of freight, which because of unusual shape or dimensions or because of necessity for segregation or separation from other freight, requires the entire capacity of a standard vehicle; or (3) The quantity of freight that can be legally loaded in or on a vehicle because of weight or size limitation of state of other regulatory body. NOTE B: A master bill of lading may be issued to cover the entire weight of the shipment, and in addition thereto, a memorandum bill of lading must be issued covering each truck used to transport the shipment or, in lieu thereof, separate bills of lading may be issued covering each truck used. In either case, such bill of lading must show the weight loaded on the truck, as well as the total weight of the shipment, together with proper cross reference to the master bill of lading if issued, or reference to a part lot number, or other designation, indicating that each such part lot is part of a single shipment. ISSUED: July 1,

6 ITEM 400 OVERCHARGE CLAIMS Overcharge claims are processed according to the rules and procedures published in the NMFC rules The liability limit for the filing of overcharge claims is restricted to a maximum of 180 days from the date of delivery. ITEM 410 CLAIMS MINIMUM All persons involved with a shipment shall to the fullest possible extent mitigate loss and damaged claims on an equitable basis and will be subject to the following restrictions: Claims or suits of $ or less shall not be filed and no claim shall be paid if the net amount is $ or less. ITEM 415 LOSS AND DAMAGE CLAIMS REQUIREMENT FOR PRESENTATION IN WRITING FORM AND METHOD OF PRESENTATION (A) Carrier incorporates by reference the provisions of Title 49 C.F.R as the minimum requirements for presentation and investigation of claims for loss and damage to freight and disposition of salvage. The presentation and handling of claims and salvage are also subject to the terms of the bill of lading (shipper s order) and other provisions of this tariff. will not pay administrative costs or fees, or interest charges, regardless of the amount, associated with the processing of loss or damage claims. (B) will not pay labor charges over $25.00 per hour. (C) Tanks, totes, drums, pails and containers of any kind are accepted in apparent good order and with the assumption that the valves, bungs, lids, etc. are sealed and secure. Should these open or become loose during transit, the total loss incurred will be assumed by the shipper. (D) In the event Carrier is responsible for the cleanup costs involved with a hazardous material incident or a non-hazardous material incident. Shipper agrees to reimburse Carrier for all said costs if Shipper is negligent. Negligence on the part of Shipper will relate to, but will not be limited to, package failure (when tanks, totes, drums, pails and containers of any kind fail in transit) and seal failures (when valves, bungs, lids, etc. are not secured). At the time of pickup, freight is accepted in apparent good order and with assumption that all packaging (tanks, totes, drums, pails and containers of any kind) and seals (valves, bungs, lids, etc.) are in current compliance with packaging specifications in the current National Motor Freight Classification Guide and the current Department of Transportation Hazardous Material Regulations. In the event, negligence remains undetermined or is unclear, even after sufficient facts and documentation have been reviewed by both parties, Shipper and Carrier agree to equally split the clean up costs involved with the hazardous material incident or non-hazardous material incident. Either party shall have 30 days to remit payment for the cleanup costs after determination has been made that both parties will be responsible for payment. ISSUED: July 1,

7 ITEM 420 DISCOUNTS SECTION 1: Precedence of Discounts When a shipment is subject to the provisions of a discount item at an origin point and discount provisions at a destination point, the precedence of discount will be determined as follows: 1. When a shipment is prepaid and subject to discount provisions at both origin and destination, the provisions established at the origin point will take precedence (Note A). 2. When a shipment is collect and subject to discount provisions at both origin and destination, the provisions established at the destination point will take precedence. NOTE A: When shipper instructs carrier to bill freight charges to a third party who is neither the consignor nor the consignee, the shipment will be considered prepaid. For the account of this carrier, the discounts published in tariffs making reference hereto will apply on both prepaid and collect shipments unless otherwise indicated in individual items. SECTION II: Non-application of Discounts 1. When a shipment is subject to a discount and credit is extended to shipper as specified in Item 435 (B) and shipper delays payment of tariff charges for more than thirty (30) days, the discount originally applying to shipment shall not apply and the gross amount of the freight charges shall be collected. 2. No discount will apply for any account on shipments consigned to Nantucket or Martha s Vineyard. ITEM 430 COLLECT ON DELIVERY (C.O.D.) SHIPMENTS Except as otherwise provided herein, Collect on Delivery (C.O.D.) shipments will be accepted subject to the rules, provisions, and restrictions set forth in the governing classification. (See the provisions of Item 431 of this tariff.) The charges for collecting and remitting the amount of each C.O.D. bill to be collected on shipments consigned C.O.D. will be the responsibility of both the party requesting C.O.D. service and the party responsible for payment of the freight bill, provided that the charge shall only be collected once. C.O.D. charges shall be in addition to all other applicable charges and shall be determined as follows: Over Not Over Charge -0- $ $17.00 $ $ $22.00 $ $ $27.00 $1001 and over - $27.00 per thousand ISSUED: July 1,

8 For amount collected in excess of $1, C.O.D. charges for amount collected in excess of $1, should be computed at the ratio that $27.00 bears to $1,000.00, subject to a maximum fee of $ C.O.D. s over $5, will not be accepted. C.O.D. s over $5, if inadvertently accepted, will be subject to a maximum liability of $5, C.O.D. shipments of explosive designated as Class A and dangerous explosives or Class B less dangerous explosives will not be accepted. ITEM 431 COLLECTION OF C.O.D. SHIPMENTS CARRIER RESPONSIBILITY IS LIMITED Carrier may, but shall not be required, to collect C.O.D. amounts in cash or certified funds and shall not be liable for the collection of the C.O.D. amount whenever any of the following conditions apply: 1. When shipper fails to mark the Bill of Lading, Shipping Order, and packages in compliance with paragraphs (a) and (b) of this item: (a) Shipments must be tendered on Uniform Straight Bill, Straight Bill of Lading Short Form, or Straight Bill of Lading form as shown in the governing classification. The letters COD or C.O.D. must be conspicuously stamped, typed, or written on all Bills of Lading and Shipping Orders immediately before name of consignee; Or; COD in red letters at least one (1) inch in height with thickness of stroke ¼ inch thick or greater must be stamped or printed across the face of all bills of lading and shipping orders. Only one (1) C.O.D. amount may be shown and may not be subject to change dependent upon time or condition of payment. The name and street and post office address of consignor and consignee must be shown on the bill of lading and shipping order. On straight bills of lading (short form), there must be shown in the space provided for this purpose or in the lower left hand corner of space provided for description of articles, special marks, and exceptions, the following information: Collect on Delivery, $ and remit to: Street City, Zip C.O.D. charge to be paid by: (b) Each package must be plainly marked, labeled, or tagged by consignor showing letters C.O.D. and the name and address of consignor and consignee in accordance wit the governing classification. 2. When the carrier inadvertently fails to collect the proper C.O.D. amount and the shipper fails to file a claim for same within thirty (30) days of the shipment s delivery. ISSUED: July 1,

9 3. Where a check, bank draft, or money order is receive in payment of C.O.D. amount or amounts and is subsequently dishonored. 4. When the C.O.D. amount is over $5, ITEM 435 COLLECTION OF CHARGES AND EXTENSION OF CREDIT (A) COLLECTION OF CHARGES where credit has not been extended. Charges accruing under the provisions of this tariff are due and payable and shall be collected by the carrier at the time an outbound prepaid shipment is tendered by the shipper to the carrier for transportation at the time an inbound collect shipment is tendered by the carrier to the consignee, or, in the case of accessorial service charges such as storage, reweighing, marking, COD collection fees, at the time such service is requested or possession of the shipment involved, or any part thereof, is relinquished by the carrier, except where credit has been extended by the carrier to the shipper, consignee, or other party entitled to pay charges, under the provision of this item. (B) EXTENSION OF CREDIT (1) Carrier may extend credit to shipper, upon taking precautions deemed by them to be sufficient to assure payment of the tariff charges within the credit period herein specified. Common carriers by motor vehicle may relinquish possession of freight in advance of the payment of the tariff charges thereon and may extend credit in the amount of such charges to those who undertake to pay them, such persons here in being called shippers, for a period of 15 days, excluding Saturdays, Sundays and legal holidays. When the freight bill covering a shipment is presented to the shipper on or before the date of delivery, the credit period shall run from the first 12 o clock midnight following delivery of the freight. (2) Credit for additional charges after freight relinquished. Where a common carrier by motor vehicle has relinquished possession of freight and collected the amount of tariff charges represented in a freight bill presented by it as the total amount of such charges, and another freight bill for additional charges is thereafter presented to the shipper, the carrier may extend credit in the amount of such additional charges for a period of 30 calendar days to be computed from the first 12 o clock midnight following the presentation of the subsequently presented freight bill. (3) Period of credit following delivery of freight. Freight bills for all transportation charges shall be presented to the shippers within 7 calendar days for the first 12 o clock midnight following delivery of the freight. (4) Freight bills may be presented by mail. Mailing freight bill by the carrier shall be deemed to be the time of presentation of the bills. In case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. (5) Payment by checks, drafts, or money orders. The mailing by the shipper of valid checks, drafts, or money orders, which are satisfactory to the carrier in payment of freight charges may be deemed to be the collection of the tariff charges within the credit period for the purposes of the rules in this ISSUED: July 1,

10 part. In case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. (6) The provisions of this item shall not be construed to prohibit the extension of credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State of Territory of political subdivision thereof, or for the District of Columbia. (7) Unless otherwise provided freight charges must be paid within 15 days. Failure to pay within 30 days will result in a loss of discount. (8) Carrier shall collect all collection costs, including attorney s fees, delinquency of charges, in addition to all other applicable freight charge, if collection efforts are required to collect any outstanding freight bill. (C) RETURNED CHECKS When a payer of freight charges elects to pay a carrier s freight bill by check and through no fault or negligence of the carrier, the Bank returns the check for insufficient funds or any other reason, the issuer of the check will be charged a penalty of 5% of the face amount of the check, but not less than $30.00 per check. ITEM 440 THIRD PARTY BILLING (A) When a third party, other than the consignor or consignee shown on the bill of lading or shipper s order, is responsible for payment of freight charges, the name and address of the third party must be placed on the bill of lading or shipper s order by the consignor at the time of shipment, except as provided in paragraph(c) below. (B) Where consignor requests carrier to bill a third party, the shipment must be prepaid, and payment of freight charges must be guaranteed by the consignor. Consignor must immediately pay the freight charges (in lieu of payment by the third party) where a third party fails to pay such charges within carrier s credit period. (C) Where consignor or consignee instructs carrier to bill a third party not shown on the bill of lading or shipper s order at the time of initial shipment, an additional charge of $25.00 will be assessed in addition to all other charges and will be the responsibility of the party paying the freight bill. The party, instructing carrier to issue a third party billing, shall guarantee payment of all charges. (D) Third party billing may not be requested where Section 7 of the bill of lading (shipper s order) is executed, and the provisions of Section 7 will not apply where thirty party billing is requested. (E) Except as provided in paragraph (C), a consignee may not request thirty party billing. (F) Exception ratings will not apply on shipments for which third party billing is requested or extended. Exception ratings, as further provided for in carrier s other tariffs, will apply only where authorized for the consignor or consignee shown on the shipping order (bill of lading). ISSUED: July 1,

11 ITEM 470 CONTROL AND EXCLUSIVE USE OF VEHICLE Unless expedited (same day) service or as otherwise provided, the service of exclusive use of carrier s vehicle(s) is not included in the line haul rates and/or other charges. Subject to the provisions of this item, the service of exclusive use of carrier s vehicle(s) is hereby offered by the carrier. (A) Except as otherwise provided in the exceptions named in this item, the service of exclusive use of carrier s vehicle(s) shall mean: (1) That the carrier will transport the shipment from origin(s) to destination(s) without combining any other shipment in or on the original vehicle(s) while the shipment is in transit. (2) That the carrier will transport the shipment from origin(s) to destination(s) without transferring the shipment from the original vehicle(s) while the shipment is in transit. (3) That while the shipment is in transit, the carrier will not remove any seal, lock or other security device applied by the shipper or by the consignee (except in the case of a shipment partially loaded/unloaded), while the shipment is in transit. (B) The service of exclusive use of carrier s vehicle(s) will be furnished by the carrier upon request by the shipper, consignee or their designated agent. Any one of the following instances shall constitute a request for exclusive use of carrier s vehicle(s). (1) When the shipper, in form or in substance, requests exclusive use of the carrier s vehicle(s) on the bill of lading or written shipping order, or (2) When the shipper, in form or in substance, notates the bill of lading that the carrier is not to break seals except in case of emergency or upon prior authority of the shipper, consignee or their designated agent, or (3) When the shipper applies a lock or other security device (other than an ordinary seal) to prevent easy access to carrier s vehicle(s). (C) When the service of exclusive use of carrier s vehicle(s) is performed by the carrier upon request, each vehicle used to transport the shipment will be subject to the charges listed below. ISSUED: July 1,

12 ITEM Continued TRAILER WEEKENDS CONTROL AND EXCLUSIVE USE OF VEHICLE Miles Charge Miles Charge Miles Charge TRAILER - WEEKDAYS Miles Charge Miles Charge Miles Charge ISSUED: July 1,

13 TRAILER WEEKDAYS (continued) Miles Charge Miles Miles Charge Miles Charge Miles Miles Charge Miles Charge Miles Charge Miles Charge Miles Charge Miles Ch STRAIGHT JOB WEEKENDS Miles Charge Miles Charge Miles Charge STRAIGHT JOB WEEKDAYS Miles Charge Miles Charge Miles Charge ISSUED: July 1,

14 STRAIGHT JOB WEEKDAYS (continued) Miles Charge Miles Charge Miles Charge (D) The term vehicle(s) used herein shall not be construed to cause the provisions of this item to be inapplicable because carrier substitutes power unit(s) (semi-tractors) while the shipment is in transit. EXCEPTION 1 If because of equipment failure or other conditions over which the carrier has no control prevent the carrier from continuing to transport the shipment in or on the same vehicle(s), the following will apply: (A) When there is no emergency (such as imminent danger to life, the lading or other property), the carrier will immediately contact the shipper, consignee, or their designated agent for permission to remove locks, or other security devices, if any, and to transfer the lading. In the case of an emergency, the carrier may transfer the lading without prior approval of the shipper, consignee, or their designated agent, however, following such emergency transfer of the lading, the carrier shall immediately notify the shipper, consignee or their designated agent. (B) Upon notification, the shipper, consignee or their designated agent may elect not to continue the service of exclusive use of carrier s vehicle(s) beyond the transfer point and the provisions of this item will not apply to lading transferred. Such election must be immediately confirmed in writing. EXCEPTION 2 If a seal, lock or other security devise is found broken for emergency reasons and no transfer of the lading is required the carrier will apply a new seal, lock or other security devise as soon as possible and notify the shipper, consignee or their designated agent. The carrier will then continue to provide the service of exclusive use of carrier s vehicle subject to the provisions of this item. ITEM 480 CUSTOMS OR IN BOND SHIPMENTS In addition to all other legally applicable charges, shipments moving in United States customs bond will be subject to the following charges in cents per hundred pounds, minimum charge $35.00 per shipment to cover special handling. When the weight of the shipment is: The cwt charge will be 0 to 11,999 pounds ,000 to 19,999 pounds ,000 to 35,999 pounds ,000 pounds and over 0.94 ISSUED: July 1,

15 Truckload shipments moving in United States customs bond will not be subject to the above charges when moving from one steamship terminal to another steamship terminal of the same company. ITEM 500 DETENTION VEHICLES WITH POWER UNITS Free time for loading or unloading shall be two hours. The charge for vehicle beyond free time shall be $22.50 for each 15-minute period of fraction thereof. ITEM 510 DETENTION VEHICLES WITHOUT POWER UNITS SPOTTING OF TRAILERS After the expiration of 24 hours free time, charges for detaining a trailer (exclusive of Saturdays, Sundays and Holidays) will be assessed as follows: When the delay per vehicle beyond free time is: For each of the first and second 24 hour periods or fractions thereof For each of the third and forth 24 hour periods or fractions thereof For the fifth and each succeeding 24 hour period or fractions thereof The charge for vehicle will be: $44.10 $76.65 $89.25 ITEM 520 SECTION A DETENTION VEHICLES PICKING UP OR DELIVERING SHIPMENTS WEIGHING LESS THAN 10,000 LBS. SUBJECT TO LESS-THAN-TRUCKLOAD OR ANY QUANTITY RATES On shipments subject to less-than-truckload or any quantity rates, and when due to no disability, fault or negligence on the part of the carrier, the loading or unloading of the freight is delayed beyond the free time authorized in Section B, the assessment of charges will be made as follows: (A) Charges for detention time at point of origin or in effecting delivery at docks, piers, wharves or steamship terminals shall be assessed to and collected from the shipper. (B) Charges for detention time at point of destination or in effecting pickup at docks, piers, wharves, or steamship terminals shall be assessed to and collected from the consignee. (C) When more than one shipment is received from or delivered to a dock, pier, wharf, or steamship terminal on one or more vehicles at one time and a delay cannot be allocated to a specific shipment, the charge for detention time, if any, on such pickup or delivery will be distributed on a pro-rata basis, by weight to all of the shipments comprising the pickup or delivery. ISSUED: July 1,

16 ITEM 520 Continued SECTION B DETENTION VEHICLES PICKING UP OR DELIVERING SHIPMENTS WEIGHING LESS THAN 10,000 LBS. SUBJECT TO LESS-THAN-TRUCKLOAD OR ANY QUANTITY RATES Free time per vehicle shall begin at the time the driver notifies the consignor or consignee, or party entitled to load or unload, that the vehicle is available for loading or unloading. Free time for either service will be as follows: (A) Fifteen (15) minutes of free time will be allowed per stop, regardless of the number of shipments constituting the pickup or delivery. (B) In the event the driver s lunch period occurs after the driver notifies the consignor or consignee, or party entitled to load or unload that the vehicle is available for loading or unloading, and before such loading or unloading is completed, such lunch period, not to exceed one (1) hour, will be in addition to the free time designated herein. (C) Fifteen (15) minutes of free time will be allowed for the loading or unloading of each weight unit of freight (or any portion thereof) in accordance with its class rating as provided in the Coordinated Freight Classification or in this tariff, whichever is applicable as indicated below, regardless of the number of shipments constituting the pickup or delivery. Freight Provided With a Rating of Class Weight Unit To Be Loaded Or Unloaded Per Each Fifteen (15) Minute Period 50,55 2,000 Pounds 60,65 1,500 Pounds 70,77.5 1,000 Pounds 85, Pounds Pounds Mixed and/or multiple shipments consisting of more 1,000 Pounds than one (1) class of freight SECTION C COMPUTATION OF DETENTION TIME AND CHARGES (A) Where pickup or delivery time exceeds the free time computed as provided in Section B, such excess time shall be considered detention time. (B) Except as provided in Notes A and B, the charges for detention time shall be $21.00 for each fifteen (15) minute period or fraction thereof. ISSUED: July 1,

17 ITEM 520 Continued SECTON D DETENTION VEHICLES PICKING UP OR DELIVERING SHIPMENTS WEIGHING LESS THAN 10,000 LBS. SUBJECT TO LESS-THAN-TRUCKLOAD OR ANY QUANTITY RATES INFORMATION TO BE RECORDED A record of time consumed in loading or unloading must be maintained and kept available for inspection at all times. In the case of delivery, this information may be shown on carrier s delivery receipt or other appropriate time record, in the case of pickup, an appropriate time record must accompany customer s shipping order. In either case driver s time record shall become a permanent part of such delivery receipt or freight waybill. (A) Name and address of consignor or consignee at whose place of business freight is loaded or unloaded. (B) Identification of vehicle tendered for loading or unloading. (C) Date and time of notification to consignor or consignee that vehicle is available for loading or unloading and signature of consignor or consignee thereto. If consignor or consignee fail to sign, the time specified by the driver shall be binding. (D) Date and time of completion of loading or unloading and signature of consignor or consignee thereto. If consignor or consignee fail to sign, the time specified by the driver shall be binding. (E) Actual weight of shipment loaded or unloaded. (F) If freight is palletized, it must be so specified. SECTION E ASSESSMENT OF CHARGES ON SHIPMENTS REQUIRING REDELIVERY Where through no fault of the carrier, the unloading of the entire shipment is not accomplished during the business hours of the consignee on the day of the initial tender, and the freight is again tendered for delivery, both the detention charges provided for in this item and the redelivery charges provided for in this tariff will be assessed. This space left blank intentionally ISSUED: July 1,

18 ITEM 523 DOCUMENT PICKUP CHARGE When carrier is required to pickup any documentation not furnished by the consignor at a location other than where freight is originated and/or prior to arrival of shipment at delivering carriers terminal, an additional charge of $50.00 per shipment will be assessed in addition to all other lawfully applicable rates and charges. ITEM 525 EXPEDITED SERVICE (A) In those instances where expedited service is requested (same day pickup and delivery) and carrier agrees to accommodate each request. Class rates will apply if a pickup and delivery can be accomplished within the scope of the driver s delivery area. (B) If A not applicable, see mileage charts in Item 470. ITEM 540 EXPORT, IMPORT, COASTWISE AND INTERCOASTAL SHIPMENT HAZARDOUS MATERIALS When shipments are delivered or picked up either domestically or at piers or wharves by the carrier for delivery to final destination and proper documentation and or other necessary documents are not furnished as to the proper description, or presented in the proper order on the paperwork according to Code of Federal Regulation, Title 49, as it pertains to Hazardous Material, an additional charge of $50.00 will be assessed in addition to all other lawfully applicable rates and charges. The party responsible for payment of the rates and charges will also be assessed a bill of lading charge of $25.00 and $5.00 each for every placard furnished by the carrier that is not supplied by the consignor or their designated party at point of origin and pickup point. The carrier also reserves the right to refuse any pickups that are not in compliance with Hazardous Material paperwork. ITEM 550 EXPORT TRAFFIC Except as otherwise provided in tariffs made subject hereto, Export Traffic is freight consigned to points outside the Continental Limits of the United States of America (except Alaska), and will only apply on traffic which does not leave the possession of the carrier and is delivered direct to the steamer or steamer s dock or steamship terminals upon arrival at the port, except shipments ordered into public or private warehouses and subsequently exported within the next 12 month period and on which required proof of exportation is submitted. ISSUED: July 1,

19 ITEM 550 Continued EXPORT TRAFFIC After arrival at the United States Port, will be subject to the rates, rules and regulations applicable to Export Traffic or the same as would have applied had the shipment been originally consigned for export, so long as the freight has not passed from the possession of the carrier. Export rates will also apply on shipments consigned on Bills of Lading for export to foreign countries or foreign possessions of the United States, handled through Untied States Navy Yards, Naval Bases or Army Bases or delivered to United States Government Vessels docked thereat on presentation of proper evidence of exportation. All freight charges on shipments for export, except to points in Canada, must be prepaid; however charges may be billed for collection from an agent, broker or similar party when such charges are guaranteed by the shipper. The Bill of Lading must specify such guarantee and provide a specific mail address for the agent, broker or party from whom the collection is to be made. A Shipment of export freight is any freight received at one time on one Shipping Order or Bill of Lading which is covered by not more than one dock receipt from one shipper at one point of origin to be delivered to one consignee at one destination. NOTE A When a shipping order or Bill of Lading covers more than one dock receipt, each and every dock receipt shall constitute a separate distinct shipment and charges will be assessed accordingly unless otherwise specified. NOTE B Where charges are provided herein for truckload or less-than-truckload shipments, as the case may be, such charges will only apply based on the following. Less-than-truckload when a shipment has moved or will move at a rate subject to rate groups other than described above in connection with truckload shipment, such shipments will be considered less-than-truckload. ITEM EXPORT, IMPORT, COASTWISE AND INTERCOASTAL SHIPMENTS PAYING OF CHARGES Unless otherwise instructed by the shipper or consignee, carriers may pay charges for wharfage usage, loading, or unloading at piers, wharves, dockside terminals or warehouses. Such charges are to be collected with the transportation charges. For such service, there will be a charge of $55.00 in addition to all other legally applicable charges. NOTE A: Applies only on import, export, coastwise, and intercoastal shipments. NOTE B: The charge specified to this rule must be entered on the billing in such a manner as to accurately describe their exact character. ISSUED: July 1,

20 ITEM 555 EXPORT TRAFFIC STEAMSHIP VEHICLES ORDERED, NOT USED OR NOT AVAILABLE When an order is placed with a carrier to pickup an empty steamship trailer at a pier, dock, wharf or steamship terminal, or carrier s tractor is dispatched to make such pickup from its terminal, prior to the cancellation of such pickup order, or when due to no fault or negligence of the carrier such empty steamship trailer is not available and pickup cannot be made, a charge of $ per vehicle will be assessed against the shipper placing the order. ITEM 570 IMPRACTICABLE OPERATIONS Pickup or delivery service will not be performed by the carrier at any site from or to which it is impracticable or unsafe to operate vehicles because of: (A) The condition of roads, streets, driveways, alleys or approaches thereto; (B) Inadequate loading or unloading facilities; (C) Riots, acts of God, the public enemy, the authority of law, the existence of violence or such possible disturbance as tending to create reasonable apprehension of danger to persons or property; (D) When request by consignor, consignee, or owner of shipment requires that carrier s equipment leave improved roads or highways for the purpose of loading or unloading. Any damage done to carrier s equipment resulting from such loading, unloading, towing, pushing, or winching shall be at the expense of the party which made the request; (E) On shipments picked up or delivered at a place not located on improved highways, carrier will not be responsible for any loss or damage to any property or lading including, but not limited to, ground surface, buildings, or landscaping. ITEM 575 LIGHT AND BULKY FREIGHT (A) On shipments of light or bulky nature, or unusual shape or size that occupy the full available loading space of the truck, or which because of their nature must be loaded in a manner that precludes additional loading of other freight without danger of damage to any lading or equipment, charges will be computed on the basis of the truckload rate at the truckload minimum weight corresponding to the shipment, but not less than the truckload rate for 40,000 pounds. (B) On LTL shipments tendered from one origin to one destination that occupy 20 feet or any greater portion of a 45 foot trailer, charges will be assessed on the basis of a minimum weight of 10,000 pounds or actual weight, whichever is greater. ISSUED: July 1,

21 ITEM 578 LOADING BY CONSIGNOR UNLOADING BY CONSIGNEE (A) Shipments transported at rates named in this tariff or in tariffs making reference hereto must be loaded by the consignor and unloaded by the consignee. (B) For loading or unloading responsibility of piers, wharves, or docks, see Item 579. ITEM 579 LOADING OR UNLOADING AT STEAMSHIP PIERS, WHARVES OR DOCKS Rates from or to piers, wharves, or docks do not include loading or unloading services by carrier. ITEM 600 LINEAR FOOT MINIMUM CHARGE Except as otherwise provided, shipments which occupy more than one linear foot of vehicle floor space for each 350 pounds of shipment weight will be subject to a minimum charge based on the applicable class 77.5 rate multiplied by the calculated weight. The calculated weight shall be determined by multiplying the linear foot of vehicle floor space occupied by the shipment by 350 pounds for each linear foot, or portion thereof, of vehicle floor space occupied by the shipment. Conditions and Definitions (1) The term linear feet or linear foot used in this item refers to the length of the floor of a vehicle a shipment occupies. (2) When loading of the vehicle is performed by the carrier, the carrier shall load as fully as conditions permit, consistent with safety and precautions against damage and any loading or packing conditions requested by the consignor and noted on the bill of lading. The carrier shall use the least amount of linear feet possible, observing all legal requirements of state or other regulatory bodies. (3) When loading of the vehicle is performed by the consignor, or its agent, the linear feet will be determined by the manner in which the consignor, or its agent loads the shipment. The carrier may rearrange the shipment to comply with legal requirements of regulatory bodies. (4) When the shipments are loaded first in the vehicle, the linear foot will be determined by measuring the inside length of vehicle along the floor starting at the front of the vehicle and stopping at the furthest point toward the rear where the shipment ends. (5) When the shipments are not loaded first in the vehicle, the linear foot will be determined by measuring the inside length of vehicle along the floor starting form the furthest point where the prior shipment ends and stopping at the furthest point toward the rear where the shipment ends. ISSUED: July 1,

22 ITEM 600 Continued (6) When this item has application, the carrier s freight bill will indicate both the linear feet and square foot of vehicle floor space occupied by the shipment. LINEAR FOOT MINIMUM CHARGE (7) The provisions of this item are not applicable in connection with shipments subject to CAPACITY LOAD (Item 390) or EXCLUSIVE USE OF VEHICLE (Item 470). (8) The provisions of this item are not applicable in connection with shipments, which occupy less than 100 square feet of vehicle floor space. (9) Shipments subject to the provisions of this item will not be subject to any otherwise applicable discounts. (10) To determine the cubic feet of space occupied by any LTL shipment, apply the provisions of Item 110 in the governing classification (See Item 100). The height (vertical measurement) of any loaded shipment shall be deemed 84 inches when no other freight can be stowed securely on the top of a shipment because of the packaging configuration or lack of packaging, the nature of the article shipped, or the consignor s shipping instruction. (11) The minimum charge specified in this item shall not apply to shipments subject to rates determined per vehicle or stated fraction thereof, per mile, per pallet, per container, or per hour. (12) The minimum charge determined by this item shall not exceed the charge determined by rating the shipment as a truckload. (13) Discounts, loading, or unloading allowances shall not be applicable on shipments subject to the minimum charge established in this item. ITEM 645 MIXED SHIPMENTS FOR LTL COMMODITY RATES OR CLASS RATES FOR SHIPMENTS SUBJECT TO MINIMUM WEIGHTS OF POUNDS OR MORE (Exceptions to NMFC Item 640) Different articles shipped at one time by one consignor to one consignee at one destination on one bill of lading as mixed shipment will be charged as follows: (A) Assess the straight TL commodity rate or class rate applicable on shipments subject to minimum weights of pounds or more applying to each article at the actual weight of each article in the shipment. (B) The applicable minimum weight will be the highest provided for any article in the shipment. (C) Any deficit in the minimum weight will be charged for at the same rate as that applying to the lowest rated article in the shipment. ISSUED: July 1,