SIDNEY TRANSPORTATION SERVICES, LLC. 777 West Russell Road P. O. Box 946 Sidney, Ohio (937) STS 102 STANDARD RULES AND REGULATIONS FOR
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1 SIDNEY TRANSPORTATION SERVICES, LLC. 777 West Russell Road P. O. Box 946 Sidney, Ohio (937) STS 102 STANDARD RULES AND REGULATIONS FOR TRANSPORTATION SERVICES Revised January 1, 2011 APPLICATION: Applicable when necessary, to all shipments transported by Sidney Transportation Services, LLC. Rules as contained herein supersede all others.
2 Table of Contents Number 100 Governing Publications 110 Abbreviations and Definitions 140 Application of Pricing Agreements 150 Application of Discounts 360 Bills of Lading Carrier Liability 430 Collect on Delivery (COD) 500 Detention of Vehicles with Power 501 Detention of Vehicles without Power 560 Extra Labor 670 Extreme Length Fuel Surcharge Guaranteed Delivery Services 566 Inside Delivery or Pick Up 560 Loading or Unloading 647 Notification Charge Overcharge and Undercharge Claims 740 Payment Provisions 750 Pick Up or Delivery Private Residence 755 Pick Up or Delivery after Hours 820 Reconsignment or Diversion 830 Redelivery Sorting & Segregating 985 Vehicles Ordered but not Used
3 100 GOVERNING PUBLICATIONS Classification NMF 100AG Rate Tariff MCAI 500 Effective 01/01/2011 Mileage Guide Zip Codes United States Postal Service Zip Code Directory 110 ABBREVIATIONS AND DEFINITIONS 1. Business day means each day, Monday through Friday, excluding Holidays 2. Business hours 8:00 AM to 5:00PM local time, excluding Saturdays, Sundays, and Holidays. 3. Carrier STS Agent Carriers or Interline Carriers. 4. Consignee The person, firm or corporation shown on the bill of lading as the party to whom the property is delivered by the Carrier. 5. Consignor The person, firm, or corporation shown on the bill of lading as the shipper of the property received by Carrier to be transportation. 6. FAK Freight all kinds 7. Intrastate Origin and destination points reside within the same state. 8. Interstate Origin and destination points do not reside within the same state. 9. Joint line traffic the transportation of a shipment via two or more motor carriers. 10. LTL Less than truckload 11. Line haul freight charges The rate or charge for transporting a shipment from the origin to the destination as stated on the bill of lading and will not include any accessorial, storage, or terminal charges 12. MC Minimum Charge. 13. Pricing Agreement Document between Carrier and Customer outlining agreed upon rates, discounts, allowances and terms. 14. Single line traffic the transportation of a shipment via one carrier. 15. Spot Quote A rate quote made by the Carrier that differ from that established in a customer s pricing agreement. APPLICATIONS OF PRICING AGREEMENTS > Discounts apply only to the customer and its account codes in the Tariff or Pricing Agreement > Except as otherwise provided, discounts will be shown as a reduction of the freight bill from the applicable freight charges. > Discounts published and agreed to will not apply on the accessorial charges > In the event Carrier receives no shipments rated under the provisions of any individual pricing agreement for a period of 180 days, the agreement may be deemed obsolete and subject to cancellation
4 without notice APPLICATION OF DISCOUNTS STS Discounts will apply as follows > The lowest rates applicable to the shipment shall be determined by rating at the actual weight or at a higher minimum weight scale, whichever results in a lower charge prior to discount. > After rating the shipment as set forth above, including any deficit weight, the applicable discount will be applied, and shown on the freight bill. BILLS OF LADING Unless otherwise agreed to in writing, the only acceptable bill of lading form is the Uniform Straight Bill of Ladings as specified in NMF 100 series along with its terms and conditions. STS may accept freight on another bill of lading subject to the terms and conditions of the Uniform Straight Bill of Lading as the only terms and conditions applicable to such other form. On bills of ladings other than the Straight Bill of Lading, the driver signature acknowledges receipt of freight only. STS drivers are not authorized to sign and/or commit STS to any liability in excess of the liability outlined in the NMF 100 series, the liability outlined in this tariff or provisions of agreement in effect between STS and its customers. When the Consignor fails to state the freight terms (prepaid or collect) in writing on the bill of ladings, the Shipment will move as collect and all applicable charges will be borne by the Consignee. > Corrected bill of ladings to change the freight charge collection status from PREPAID to COLLECT will not be accepted once the shipment has been delivered, unless the consignee issues authorization taking responsibility for the freight charges. > Corrected bill of lading to change the freight charge collection status from COLLECT to PREPAID will be allowed only if a corrected bill of lading is issued by the consignor, a charge of $20.00 per bill will be assessed. CARRIER LIABILITY > Carrier s obligation to perform transportation services shall be excused and carrier shall not be liable for any loss or damage to a shipment or for any delay caused by an act of God, the public enemy, the authority of law, the inherent vice of the goods, terrorism, the act of or default of the shipper, or any act beyond carrier s reasonable control. > Carrier liability for loss or damage to any shipment, or any part thereof, is limited to the actual invoice value, released value as described in the NMFC or limited liability provisions of the bill of lading of the articles lost, damaged, or destroyed, but shall not exceed $10.00 per pound with maximum liability of $100,000 per bill of lading (shipment) COLLECT ON DELIVERY (COD) SHIPMENTS > Collect on delivery (COD) shipments will be accepted subject to the following provisions and charges: > Shipments must be tendered on Uniform Bill of Lading
5 The letters COD must be stamped, typed or written on all such bills of lading and shipping orders immediately before name of consignee: and COD in red letters at least (1) inch in height must be stamped or printed across the face of the bill of lading and shipping order. Only one COD amount may be shown and may not be subject to change dependent on time or conditions of payment. The name, street address and post office address of consignor and consignee must be shown on bill of lading and shipping order. The following information must be provided on the uniform straight bill of lading: COD $ amount Remit to: COD Fee Prepaid or Collect Company Check acceptable or not acceptable > Only the following forms of payment will be accepted: Cash, Certified Check, Money Order, Cashier s Check. A personal check of the consignee will be accepted only if the consignor has authorized in writing or by endorsement on the bill of lading by the consignor. > In the case the freight charges are collect, two separate checks are required, one for the freight charges and COD fee made payable to the carrier, and the second for the COD amount. > The carrier will remit direct to the consignor or party entitled to receive payment as shown on shipping document within fifteen (15) days after collection from the consignee. > COD shipments will not be subject to any discount provision unless the freight charges are prepaid and the shipper participates in a discount program. > The charges for collecting and remitting the amount of each COD bill, will be (3%) of the COD amount subject to a minimum charge of..$ This charge is in addition to all applicable freight charges. > Increasing, reducing, or canceling the COD amount will be accepted only through written instruction from the shipper. A minimum charge of. $25.00 will be assessed in addition to all applicable freight charges. DETENTION OF VEHICLES WITH POWER UNITS > When due to no fault of the carrier, the unloading or unloading of freight is delayed, the following provisions will apply: > Computation of time shall commence from the time of arrival of the carrier s vehicle and the presentation to the responsible party that the carrier is available to load or unload, and shall cease upon a signature being given to the carrier upon completion of delivery or pick up service. > Prearranged schedules-if carrier arrives earlier than the scheduled time, free time shall begin from the scheduled time, unless loading or unloading commences sooner, in which case time shall run from commencement of service. > Free time Shipments subject to Truckload Rates Palletized (90%) of shipment weight 2 Hours All other traffic.4 Hours Shipments subject to LTL Rates 2,000 lbs. or less 30 Minutes 2,001-5,000 lbs..45 Minutes 5,001-10,000 lbs 75 Minutes 10,001-15,000 lbs..105 Minutes 15,001-20,000 lbs..135 Minutes Each additional 5,000 lbs An additional 30 Minutes > Charges: LTL..$20.00 per 15 Minutes or fraction thereof Minimum.$40.00 per shipment Truckload $60.00 for the first hour or fraction thereof..$25.00 for each additional 30 Minutes or fraction thereof >All charges are in addition to all applicable freight charges.
6 DETENTION OF VEHICLES WITHOUT POWER UNITS > If loading or unloading is not completed by the end of the business day, Consignor/Consignee has the option to request trailer without power to remain. Free time will cease, and detention shall begin with applicable free time. > Free time.24 Hours > Charges for each trailer for each 24 hour period or fraction thereof, including non Business Days will be..$60.00 per day Carrier responsibility for shipments will begin when Carrier takes possession, custody, and control of shipments, and will end when carrier spots equipment pursuant to Consignor or Consignee s request. All charges are in addition to all applicable freight charges. EXTRA LABOR > When requested by the Consignor or Consignee, extra labor will be furnished by the carrier for loading or unloading. At each location where extra labor is used the charge therefore will be: > Charges: For the first three hours or less $ per man For each hour or fraction thereof in excess of 3 Hours but not over 8 hours...$60.00 per hour/per man For each hour or fraction thereof over 8 hours..$90.00 per hour/per man > The provisions of this item do not obligate the Carrier to provide extra labor if such labor is not available. > All charges are in addition to all applicable freight charges. EXTREME LENGTH > Shipments containing articles exceeding fifteen (15) feet in length, a charge of $ per shipment will be added to the otherwise applicable rates and charges after discount. > This item will not apply on shipments subject to capacity Load or Lineal Foot Rules, or TL volume rates or charges. FUEL SURCHARGE > Fuel Surcharge to apply on all line haul transportation charges resulting form rates and/or charges named in Pricing Agreements and or contracts, unless otherwise indicated. > Fuel Surcharge based on Department of Energy (DOE) National Diesel Price Index, as calculated weekly by the DOE. GUARANTEED DELIVERY SERVICES > The following Guaranteed Services are available for time sensitive shipments: > Shipper confirms the need for services either in writing, via fax, or to the Sidney Terminal.
7 > Confirmation for services must itemize the specific service required, the consignee s address and contacts and confirmation of the additional dollar amount due. > Carrier, at it s discretion, can offer the following Guaranteed Services at the additional charges as listed below: Next Day Guarantee (Delivery by 5:00 day after pick up)... Before noon next day. 2 Hour window delivery > Shipments will be guaranteed to be delivered on time based on STS standard transit times depending on the services requested, exclusive of non Business days. > In case of no delivery on the day promised and within the time limits specified herein, Carrier s maximum liability shall be limited to the reduction of shipment charges. Carrier will not be liable for any special, incidental, or consequential damages, or commercial loss of any kind. > Collect shipments will not be accepted without prior and written authority for the specified service. INSIDE DELIVERY OR PICK UP > When requested by consignor or consignee, and carrier s operating conditions permit, the carrier may move shipments or portions of shipments from or to positions beyond the immediate adjacent loading or unloading positions. > Service under this item will only be provided to floors above or below ground level providing elevator service is available. > Charges will be assessed at:.$4.00 per 100lbs. Minimum charge...$40.00 per shipment Maximum charge..$ per shipment > All charges for this item are in addition to all applicable freight charges. LOADING OR UNLOADING > When a consignor or consignee requests carrier s driver to assist or perform loading or unloading, such service will be rendered at a charge of.$0.40 per 100 lbs. Minimum charge...$75.00 per shipment > Charges will apply on the actual weight of each shipment > Charges are in addition to all applicable freight charges. NOTIFICATION CHARGE > When the bill of lading or shipping order contains a notation that the carrier is to notify consignee before making a tender of delivery, such notice will be given at: Charge..$15.00 per shipment > Charge for this service will be billed to the party paying the freight unless otherwise instructed by the shipper. > Charges are in addition to all applicable freight charges.
8 OVERCHARGE AND UNDERCHARGE CLAIMS > The time limit for filing overcharge and undercharge claims on shipments shall be 180 days from pick up date. All overcharge and duplicate payments shall be processed in accordance with 49 CFR Part 378. The minimum overcharge to be processed will be $10.00 per freight bill. > The shipper can not offset freight or other charges owed to the carrier against claims for loss, damage or delay, or for overcharge and duplicate payment claims. PAYMENT PROVISIONS > All shipments upon which applicable rates and/or charges have not been paid in full and are subsequently litigated or placed for collection with a collection agency, an attorney or other authorized agent, will be subject to: > Full tariff class rates and/or charges without application of discounts, allowances, or any other reductions. > Any fees incurred due to legal actions and/or collection agencies. > Carrier may also refuse to deliver and retain possession of other goods belonging to the debtor which come into possession of the carrier if at any time the shipment consignor, consignee, or any other third party involved in the movement had failed to pay the freight charges for any other property previously transported by the carrier for such debtor. PICK UP OR DELIVERY SERVICE AT PRIVATE RESIDENCE > Shipments picked up or delivered to: private residences construction sites, churches, schools (other than general receiving docks) and other locations that differ from locations such as business, warehouses and other commercial locations. > Applicable charges will be $4.00 per 100 lbs. Minimum charge...$40.00 per shipment Maximum charge..$ per shipment > When provisions of this item apply, provisions of Inside Delivery will not be applicable. > Charges are in addition to all applicable freight charges. PICK UP AND DELIVERY SERVICE AFTER HOURS AND WEEK ENDS > When a consignee or consignor requests carrier to pick up or deliver freight prior or subsequent to normal business hours, the following charges will apply: Charges..$30.00 per hour Minimum charge $ per shipment Week end charge $40.00 per hour Week end Minimum charge.. $ per shipment > Charges are in addition to all applicable freight charges. > Discount provisions will not be applicable to freight charges on shipments requiring these services.
9 RECONSIGNMENT OR DIVERSION > A request for re-consignment or diversion of a shipment will be subject to the following definitions, conditions and charges. > A change in the name of the consignee and consignor. > A change in the place of delivery within the original destination point. > A change in the destination point > Return of shipment to point of origin > Requests for changes must be received in writing > Applicable charges after attempted delivery.$40.00 Original charges must be guaranteed and brought forward: plus the freight charges from original destination to new destination. Applicable charges if delivery was not attempted but the points between which freight is transported has changed...$35.00 fee plus > Freight charges from origin to reconsignment point or reconsignment point to final destination, or origin to final destination whichever charge is greater. REDELIVERY > When a shipment is tendered for delivery and through no fault of the carrier, such delivery cannot be accomplished no further tender will be made except upon written request. Additional tenders and final delivery will be subject to the following charges: > If one or more additional tenders, or final delivery of the shipment are made at consignee s place a charge of.$4.00 per 100 lbs. Minimum charge $45.00 per shipment Maximum charge $ per shipment SORTING & SEGREGATING.> When a carrier is required to sort and or segregate consignor or consignee s shipment or shipments a charge of.. $0.70 per piece or $1.20 per CWT whichever is higher, subject to a minimum charge of. $32.00 per shipment will be added. Charges are in addition to all applicable freight charges VEHICLE ORDERED BUT NOT USED > When a vehicle is ordered by a shipper and such order is canceled or postponed after the vehicle has been dispatched by the carrier a charge of: $2.35 per mile Minimum charge $165.00
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