MODE TRANSPORTATION, LLC

Transcription

1 MODE TRANSPORTATION, LLC REFRIGERATED AND FROZEN SHIPMENTS CARGO CLAIMS AND COVERAGE RULES These Terms Apply Only to Refrigerated and Frozen Shipments Revision April 17, MAXIMUM LIABILITY OF MODE TRANSPORTATION ( MODE ) a. Less-than-Truckload - The maximum released value will not exceed the lesser of (i) $3.00 per pound per package; (ii) $100, USD per trailer or container, (iii) the applicable released value as governed by the National Motor Freight Classification 100 series rules or (iv) the applicable released value as governed by the underlying carriers tariffs, rules or regulations. Subject to the limitations stated in the preceding sentence, Mode Transportation ( Mode ) shall be liable as a common carrier for any loss or damage to shipper s cargo while such is in the underlying carrier s possession and in transit subject to the provisions of 49 U.S.C ("Carmack Amendment ). b. Full Truckload or Intermodal - The maximum released value will not exceed $100,000 per trailer or container. Subject to the limitations stated in the preceding sentence, Mode shall be liable as a common carrier for any loss or damage to shipper s cargo while such is in the underlying carrier s possession and in transit subject to the provisions of 49 U.S.C ("Carmack Amendment ). c. Neither Mode nor the underlying carrier shall be liable under any circumstances for any incidental, special or consequential damages, even if they have been advised of the possibility of such damages. Nor shall Mode or the underlying carrier be liable for any loss or damage to cargo if or when a shipment is in Mexico. All rail shipments hereunder shall also be subject to the terms and conditions set forth in the applicable published intermodal circulars and directories of the Rail Carriers (the Rail Circulars ). Mode does not guarantee shipment delivery dates or times and Mode shall have no liability whatsoever for delay to shipments transported by the underlying carriers. 2. EXCESS LIABILITY PROTECTION Liability protection in excess of the limits set forth in Section 1 above will be quoted upon request.

2 3. CARGO CLAIMS PROCESS a. Claims for loss or damage to cargo shall be filed and resolved in accordance with 49 CFR Part 370 or Part b. Shipper must notify Mode of concealed damage to cargo within twenty-four (24) hours of delivery or Mode will not be liable for claims for such concealed damage. During normal business hours contact or and during after normal business hours contact or for reporting concealed damage claims. c. Claims for loss or damage to cargo must be in writing and filed with Mode within nine (9) months from the date of delivery or a reasonable time during which delivery should have been accomplished. Any legal action to recover for loss or damage to cargo must be instituted against Mode within two (2) years from any disallowance of a claim for loss or damage to cargo. 4. CLAIMS STANDARDS Mode will not be liable for any cargo loss or damage claim, including but not limited to thawing or deterioration or seal breakage, unless actual loss or damage to the cargo is established. Mode shall not be liable for any cargo loss or damage claims for shipments requiring Frozen service, unless (i) actual loss or damage to the cargo is established, and (ii) such actual loss or damage is due to a mechanical failure that lasted in excess of twelve (12) consecutive hours. A mere variation in temperature will not by itself be considered actual loss or damage to cargo. The minimum amount of any cargo loss or damage claim is $100. Mode will not process any claim for less than $100, and no claim will be paid that is determined to be worth less than $ MEASURE OF CARGO LOSS OR DAMAGE a. Subject to the limitations set forth in Section 1, the measure of loss or damage to cargo shall be the shipper s replacement value applicable to the kind and quantity of the commodities in question if sold to a buyer or, otherwise, the manufacturer s cost applicable to the kind and quantity of the commodities in question moved from one of shipper s facilities to another. b. Consignee has the duty to mitigate cargo damages including replacing damaged cartons, repackaging, and/or relabeling unless the cargo is deemed useless and of no value. c. If shipper elects to salvage the cargo, any amounts received in salvage shall be applied to reduce the cargo claim amount. If shipper elects not to salvage

3 product that is deemed to be reasonably salvageable, any cargo claim will be reduced by a reasonable salvage amount. 6. PERISHABLE CARGO a. When perishable cargo is delivered to the consignee, the consignee must check the cargo to determine quantity being received and condition by close, careful observation. The consignee must also take product temperatures of the goods being delivered at the time of delivery. If cargo shortage, damage or out of range product temperatures are found to exist, then a notation applicable to the discrepancy will be so noted by the consignee on the carrier's copy of the delivery receipt. When offering a shipment for delivery, if any portion of the shipment bears any indication of having been pilfered, a joint inventory of contents shall be made by the carrier's driver and consignee, and the results of inventory so noted on the carrier's copy of the delivery receipt. b. Where perishable commodities are transported, Mode will not be liable for any claims unless Mode is notified within 24 hours from the time of delivery. In no case shall Mode or the carrier be responsible for damage to products when the carrier accepts a shipment, or portion of a shipment, which at the time of loading is damaged. During normal business hours contact or [email protected] and during after normal business hours contact or [email protected] for reporting claims for damage to perishable commodities. 7. TEMPERATURE REQUIREMENTS a. Frozen means when shipped frozen and so stated on the bill of lading by the shipper. Frozen products will be transported and maintained at 0 32 degrees Fahrenheit while in carrier s custody and control. Notwithstanding the temperature of the product at the time of acceptance by the carrier, in no case shall Mode or the carrier be responsible for maintaining an air temperature for Frozen products that is different than 0-32 degrees Fahrenheit while in carrier s custody and control. Mode will only recognize temperature recording devices that record the actual product temperature at the time of delivery. b. Refrigerated means when shipped refrigerated and so stated on the bill of lading by the shipper. Refrigerated products will be transported and maintained at an air temperature of degrees Fahrenheit while in carrier s custody and control. Notwithstanding the temperature of the product at the time of acceptance by the carrier, in no case shall Mode or the carrier be responsible for maintaining an air temperature for Refrigerated products that is different than degrees Fahrenheit while in carrier s custody and control. Mode will only recognize temperature recording devices that record the actual product temperature at the time of delivery.

4 c. Temperature Controlled means when shipped temperature controlled and so stated on the bill of lading by the shipper. Temperature Controlled products will be transported and maintained at an air temperature of degrees Fahrenheit while in carrier s custody and control. Notwithstanding the temperature of the product at the time of acceptance by the carrier, in no case shall Mode or the carrier be responsible for maintaining an air temperature for Temperature Controlled products that is different than degrees Fahrenheit while in carrier s custody and control. Mode will only recognize temperature recording devices that record the actual product temperatures at the time of delivery recorded at the time of delivery. d. Multi-temperature or Mixed Shipment means when shipped in mixed shipments of Frozen, Refrigerated and Temperature Controlled. Multi-temperature or Mixed Shipment products will be transported and maintained at the respective air temperatures described in 7(a)-(c) above. While in the carrier s custody and control, the Frozen portion of the shipment will be transported and maintained at 0-32 degrees Fahrenheit, the Refrigerated portion will be transported and maintained at an air temperature of degrees Fahrenheit, the Temperature Controlled portion of a shipment will be transported and maintained at degrees Fahrenheit and the dry portion of a shipment will be transported at ambient temperature. Notwithstanding the temperature of the product at the time of acceptance by the carrier, in no case shall Mode or the carrier be responsible for maintaining an air temperature for Frozen, Refrigerated or Temperature Controlled products that is different than the respective temperatures set forth herein. Mode will only recognize temperature recording devices that record the actual product temperatures at the time of delivery. 8. IMPRACTICABLE OPERATIONS Mode shall not be liable for any failure to perform its service or for loss or damage to any of the goods described in the bill of lading when such is caused by an act of God, public enemies, riot, strike, other work stoppage or labor unrest, a defect or inherent vice in the goods, act of public authorities, act or omission of custom officials, terrorism, faulty or impassable highway, lack of capacity of a highway or bridge, authority of law, quarantines, civil commotion or hazardous incidents to a state of war, compliance with laws, government regulations, orders or requirements, act or omission of Shipper, consignee or owner of the goods, or any cause beyond Mode s control.

5 9. SHIPPER LOAD AND COUNT All shipments are Shipper Load and Count. When shipments are loaded by shipper s agent and a seal is affixed without the carrier s driver present and provided verifiable access to the shipment to confirm count, freight will be considered to be tendered to the carrier as Shipper Load and Count or SL&C. On such shipments, neither Mode nor the carrier shall be liable for overages, shortages or damages. Neither Mode nor the carrier will be responsible for shortages or overages on any unsealed shipment where the freight is banded, strapped, netted, shrink-wrapped or otherwise secured to pallets, skids, bins or platforms preventing an accurate piece count or if the carrier s driver is not otherwise provided verifiable access to the shipment. Mode and the carrier will only be responsible for the number of pallets, skids, bins or platforms on such shipments. Shipper or the carrier s driver s failure to include SL&C on the applicable bill of lading does not change the liability of any party if Shipper did, in fact, load and count the shipment. 10. RESTRICTED REFRIGERATED AND FROZEN COMMODITIES Restricted refrigerated and frozen commodities include fresh fish and seafood, fresh cut flowers or plants that have been removed from the root and ice-cream products. Mode will not accept any shipment of these restricted commodities. If shipper ships any of these restricted commodities, Mode shall have no liability whatsoever for any damage to or loss of a restricted commodity, regardless of the cause of such loss or damage. 10. MODE TERMS OF SERVICE The refrigerated and frozen shipments hereunder are also subject to Mode s standard Terms of Service as may be in effect from time to time and located at ( Terms of Service ). If there is a conflict between the terms contained herein and the Terms of Service, the terms contained herein shall prevail.