ORIGINAL
Tariff No. 20160101
TITLE PAGE
BUCHANAN HAULING AND RIGGING, INC. (“Carrier”)
RULES / ACCESSORIALS TARIFF
TRUCKLOAD SERVICE
RULES, REGULATIONS AND CLAIMS PROCEDURES FOR MOTOR CARRIER SERVICES
BETWEEN
POINTS IN NORTH AMERICA (EXCEPT MEXICO)
ALL FEES, SUMS & VALUATIONS STATED IN U.S. DOLLARS
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015 ISSUED BY
_________________ _________________
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TABLE OF CONTENTS
Subject
Item No.
Page
Application of Tariff and Bill of Lading ................................................................... 10.................................................... 1 Mileage ...............................................................................................................20 ...............................................1 Notice and Amendments .............................................................................................. 30.................................................... 1 Rates and Schedules ................................................................................................... 100.................................................... 1 Payment ...........................................................................................................110 ...............................................1 Delinquent Accounts.........................................................................................120 ...............................................2 Additional Costs ...............................................................................................130 ...............................................2 Lien Right .........................................................................................................140 ...............................................2 Application of Accessorial Charges..................................................................200 ...............................................2 Loading and Unloading ....................................................................................210 ...............................................2 Detention ..........................................................................................................220 ........................................... 2-3 Fuel Surcharge ..................................................................................................230 ...............................................3 Special Permits or Fees.....................................................................................240 ...............................................3 Tolls .................................................................................................................250 ...............................................3 Trans-Border Fee: Canada...............................................................................260 ...............................................3 Vehicle Furnished But Not Used .....................................................................270 ...............................................3 Carrier Liability and Released Value................................................................300 ........................................... 4-5 Filing of Cargo Claims......................................................................................310 ........................................... 5-6 Investigations of Cargo Claims.........................................................................320 ...............................................6 Acknowledgment of Claims..............................................................................330 ...............................................6 Processing of Salvage .......................................................................................350 ........................................... 6-7 Claims for Overcharge, Undercharge or Duplicate Payment ............................400 ...............................................7 Filing, Documenting, and Processing Claims ...................................................410 ........................................... 7-8 Disposition of Unidentified Payments, Overcharges or Duplicate Payments Not Supported By Claims...........................................................420 ...............................................8 Liabilities Not Assumed ...................................................................................500 ...............................................8 COD Shipments ................................................................................................510 ...............................................8 Force Majeure Events .......................................................................................520 ...............................................8 Appointments....................................................................................................530 ........................................... 8-9 Impracticable Operations..................................................................................540 ...............................................9 Limitation of Size and Weight ..........................................................................550 ...............................................9 Warranties ........................................................................................................560 ...............................................9 Non-Waiver ......................................................................................................570 ...............................................9 Packaging, Marking and Paperwork .................................................................580 ...............................................9 Hazardous Materials .........................................................................................600 .............................................10 Pier Deliveries ..................................................................................................610 .............................................10 Reconsignment or Diversion.............................................................................620 .............................................10 Redelivery.........................................................................................................630 .............................................10 Return, Rejected and Damaged Shipments .......................................................640 .............................................10 Specialized Services and/or Equipment ...........................................................650 .............................................10 Stop-Off In Transit: Loading / Unloading .......................................................660 ....................................... 10-11 Storage Rights ..................................................................................................670 .............................................11 Shipper Bill of Lading / Airway Bills / Paperwork...........................................700 .............................................11 Subcontracting Rights.......................................................................................710 .............................................11 Vehicle Used to Transport Customer Trailer....................................................720 .............................................11 Team Driver......................................................................................................730 .............................................11 Tractor & Trailer (Hourly Rate) .......................................................................740 .............................................12 Trailer Rental/Day or Month ............................................................................750 .............................................12 New York City Charges....................................................................................760 .............................................12 Exclusive Use of Vehicle .................................................................................770 ............................................12 Trailer Detention...............................................................................................780 ....................................... 12-13
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015 ISSUED BY
_________________ _________________
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Temperature Control.......................................................................................................790.................................13 Pick-up or Delivery Service Saturday, Sunday or Holiday .............................................800.................................13 Insurance Coverage.........................................................................................................810..................................13 Exhibit A ................................................................................................................... .............................................14-15 Exhibit B- FSC.......................................................................................................................................................16-17
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Tariff No. 20160101
Item 10: APPLICATION OF TARIFF AND BILL OF LADING
The provisions of this Tariff, as amended, shall apply to services provided by Carrier in interstate, intrastate and/or foreign commerce between points in North America, except that the provisions of this Tariff shall not apply to any services or transportation provided in Mexico. The provisions of this Tariff may be waived in a written agreement signed by Carrier and a Customer. For purposes of this Tariff, the term “Customer” shall mean any entity responsible for requesting that Carrier provide services governed by this Tariff, any entity responsible for payment to Carrier for such services, or any entity receiving the benefit of such services. Unless expressly disclaimed by a written agreement signed by Carrier and Customer, this Tariff shall apply to all services provided by Carrier that are otherwise within the scope of this Tariff (including services performed pursuant to a short form rate confirmation or “spot” move agreement which such agreement does not specifically disclaim the provisions of this Tariff) and the terms and conditions of Carrier’s standard bill of lading shall apply notwithstanding the use of any other bill of lading or shipping document. If there is a conflict between the terms and conditions of this Tariff and the terms and conditions on any air bill, manifest, label, bill of lading, or other transit documentation, the terms and conditions of this Tariff, as amended, modified, changed, or supplemented, will control.
Item 20: MILEAGE
Mileage shall be calculated using PC MILER VERSION 28 / PRACTICAL MILES.
Item 30: NOTICE AND AMENDMENTS
Upon written request, Carrier will provide a Customer with copies of all applicable rules circulars and rates.
When this Tariff is amended by revised pages, the cancellation of prior pages will be effected by means of this item. A revised page will not show a cancellation notice for the prior version. A revised page takes effect at 12:01 A.M. Eastern time as of the Effective Date shown thereon, and cancels any and all uncancelled, revised or original pages, or uncancelled portions thereof.
Item 100: RATES AND SCHEDULES
Rates and schedules may be published in rate catalogues or sheets, on a shipper specific basis or pursuant to a spot market rate quotation. Rates and service quotations are good faith estimates based upon information provided to Carrier, but final rates and service may vary based upon the shipment actually tendered, unknown circumstances, incorrect or incomplete information, and subsequent inclusion of the terms and conditions of this Tariff.
The rates published in this tariff are the minimum standard rates that carrier shall charge. The actual rate agreement and or contract for a load will supercede the standard minimum charges published in the tariff.
Minimum rates apply for both local moves and moves that are less than 50 miles. [SEE EXHIBIT A]
Item 110: PAYMENT
Absent a written waiver by Carrier or contractual specification to the contrary, all freight transportation and related charges are due and payable within fifteen (15) days of delivery of shipment, or in the event of a cancelled move, within fifteen (15) days of the date of the scheduled delivery.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015 ISSUED BY
_________________ _________________
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Item 120: DELINQUENT ACCOUNTS
Payments received more than 30 days after the date of Carrier’s bill will be assessed a late payment fee equal to 1.5% of the total freight bill for each 30-day period or portion thereof, from the date of the Carrier’s freight bill until the date the payment is received, in addition to all other charges. In any action to recover unpaid freight bills from delinquent accounts, carrier shall be entitled to interest, reimbursement for reasonable attorney’s fees, court costs and any related fees associated with the collection or attempted collection of past due bills.
Item 130: ADDITIONAL COSTS
Whenever Carrier incurs costs due to Customer requirements, the customer shall be invoiced at 120% of any and all fees, charges, repairs, replacements and/or general expenses associated with those incurred costs.
Item 140: LIEN RIGHTS
Carrier shall have a possessory lien on shipments and any proceeds there from in its dominion and control for the payment of any amounts due and owing to carrier. In addition, to the extent permitted by applicable law, Carrier will have a general lien on any goods that have come or will come into its possession, and on any proceeds thereof, for any and all charges due and owing to carrier regardless of whether those charges related to the goods or proceeds against which the general lien is enforced.
Item 200: APPLICATION OF ACCESSORIAL CHARGES
In addition to line haul or base transportation rates, unless otherwise agreed in writing, the accessorial charges and fees set forth herein or otherwise agreed upon by Carrier and Customer shall govern.
Item 210: LOADING AND UNLOADING
Rates in this Tariff contemplate loading of cargo by the consignor and unloading by the consignee, except that if the Customer, consignor or consignee requests that Carrier furnish outside labor to load or unload, all charges for such outside labor will be passed through to Customer, who will be billed of actual time of outside labor. If the driver or any other Carrier personnel is requested to assist with loading and/or unloading, a charge of $100.00 per hour, or fraction thereof, will be assessed in addition to all other applicable charges. Item 220: DETENTION When Carrier's vehicles are delayed or detained at premises of consignor or consignee, or other places designated by consignor or consignee for loading or unloading, the following charges will be assessed which will be in addition to all other lawful transportation charges. [ SEE EXHIBIT A ] Type of Equipment Total “Free Time” Allowance for Loading and Unloading Combined Charge per each hour or fraction thereof in excess of “Free Time” Trailer Only [SEE EXHIBIT A] Trailer With Power
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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a) Time per vehicle shall begin upon notification by driver to the consignor or consignee that the vehicle is available for loading or unloading, and end upon completion of loading or unloading and receipt by driver of a signed bill of lading or delivery receipt. b) When shipments are stopped for either partial loading or partial unloading service, or both, one hour free time for each stop will be added to the total “Free Time” allowed.
Item 230: FUEL SURCHARGE
Absent Carrier’s written waiver, a fuel surcharge shall be applied. The calculated fuel cost is determined using the U.S. Department of Energy’s Energy Information Administration U.S. National Average On-Highway diesel fuel price published each week. Adjustments, if any, in surcharges will be made effective for shipments picked up the calendar day following the calendar day of publication of each week’s price. The surcharge shall be applied and utilize the criteria established herein regardless of whether shipments are entirely within the U.S., involve the U.S. and Canada, or entirely within Canada. Fuel surcharges will be applied to any/all mileage related charges, and should prices rise to $5.00/gallon or above, Carrier reserves the right to implement an extended surcharge.
[SEE EXHIBIT B]
Item 240: SPECIAL PERMITS OR FEES
Any fees paid to any Federal, State or Municipal Government or Canadian Authority, or any subdivision thereof for special permits and/or escort services as may be required in connection with such movement will be added at a cost plus 20% of such cost.
Item 250: TOLLS
In concert with mileage calculations, companion tolls calculation software will be used to determine toll charges. Toll charges will be assessed in addition to any and all other lawful transportation and related charges.
Item 260: TRANS-BORDER FEE: CANADA
A fee of $250.00 will be charged on all shipments that a) pick up in the U.S. and deliver in Canada,
b) pick up in Canada and deliver in the U.S., c) pick up in the U.S. and trip-through Canada making delivery in the U.S., and d) pick up in Canada and trip-through the U.S. making delivery in Canada. No such fee will be charged for intra-Canada moves. Carrier does n ot handle shipments into Mexico, and assumes no liability for any loss, damage or delay that might occur while any such shipment is being transported in Mexico.
Item 270: VEHICLE FURNISHED BUT NOT USED
When an order is canceled after a vehicle has already been dispatched with pickup orders, fees will be charged at the applicable one-way rate based on the type of equipment ordered for all miles from the point of dispatch to point of pickup times the applicable rate per mile, and subject to a minimum charge of $250.00. A $250.00 charge is also applicable if the truck is cancelled within 24 hours or less of scheduled pickup.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Item 300: CARRIER LIABILITY AND RELEASED VALUE
a) Carrier’s liability for loss, damage, destruction or delay to cargo transported shall be that of a motor carrier as set forth in the Carmack Amendment currently codified at 49 U.S.C. § 14706 (Carmack), as amended from time to time, regardless of whether transport is interstate or intrastate, or involves foreign commerce. Unless a higher value is declared by Customer 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 delay as to any shipment, regardless of cause, shall not exceed $100,000 per trailer or conveyance. Carrier must be notified at the time it agrees to transport cargo that a value in excess of $100,000 (but in any event, not exceeding $250,000) will be declared, and the amount that will be declared. 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. In order request such additional liability, the Customer must contact Carrier at (260) 399-4402 and make such request. 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. 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. ii. The declared value must be clearly stated as such on the face of the rate confirmation and the bill of lading. iii. A charge of $.20 per $100 of declared value in excess of $100,000, in addition to all other charges, shall be assessed. iv. Declared values in excess of $250,000 shall not be accepted, and in the event Customer attempts to declare a value in excess of $250,000 per trailer or conveyance, Carrier’s liability shall continue to be limited to $100,000 per trailer or conveyance. d) Used or Reconditioned Equipment The foregoing notwithstanding, Carrier’s cargo liability on used or reconditioned equipment is limited to the lesser of the cost of repair, cost to replace, actual value, released value or declared value. In any event, Carrier cargo liability for such goods is limited to $.25 per pound per item up to $10,000 per trailer or conveyance unless excess value is declared and obtained in accordance with the foregoing provisions. Regardless of valuation, Carrier’s liability is limited to visual surface damage to external parts only and not to the electrical or mechanical condition of the unit, and will not be liable for any claims of diminished value or any other value not specifically set forth herein. The charge will be $.20 per $100.00 of value declared over $10,000 with a maximum limit of $50,000 valuation permissible. Shipments which unknowingly involve used or reconditioned equipment will still be governed by these terms regardless of other terms arranged. Freight will be considered reconditioned freight if it has been in previous service and was later reconditioned, regardless of the percentage or value of the new, unused, or reconditioned parts added during the reconditioning processes. e) The value of shipments involving documents (including checks, bonds, stock certificates, or any other negotiable or non-negotiable instrument), records and data records, without limitation as to the type, including but not limited to electronic or paper hard copy, shall be limited to the value of the actual media upon which it is contained. Further, no costs, expenses, or claims of any nature will be assumed or accepted which is associated with the replication, duplication or recreation of lost data or documentation. For example, in the case of paper documents the value shall be limited to the value of the paper. f) 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 b) Declaring values in excess of $100,000. i. c) In no event shall Carrier’s liability exceed the lesser of the actual value of the cargo or the declared value.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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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.
g) 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.
Item 310: FILING OF CARGO CLAIMS
a) Claims in writing required. Claims for loss, damage, injury, or delay to cargo must be filed in writing, as provided in subparagraph (b) below, and as otherwise may be required by law, the terms of the bill of lading.
b) Minimum filing requirements. A communication in writing from a claimant for loss or damage must be filed within nine (9) months after the delivery of the property except that claims for failure to make delivery (or portion thereof) must be filed within nine (9) months from the date delivery should have been made: (1) containing facts sufficient to identify the shipment (or shipments) or property involved, (2) asserting liability for alleged loss, damage, injury, or delay, and (3) making claim for the payment of a specified or determinable amount of money, will be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage. c) Documents not constituting claims. Notations of shortage or damage, or both, on freight bill, delivery receipts, or other documents will not be considered by Carrier as sufficient to comply with the minimum claim filing requirements specified in subparagraph (b) above. d) Claims filed for uncertain amounts. Whenever a claim is presented against Carrier for an uncertain amount, such as “$100 more or less,” Carrier will determine the condition of the shipment involved at the time of delivery by it, if it was delivered, and will ascertain as nearly as possible the extent, if any, of the loss or damage for which it may be responsible. It will not, however, voluntarily pay a claim under such circumstances unless and until a formal notification in writing for a specified or determinable amount of money will have been filed in accordance with the provisions of subparagraph (b) above. e) Concealed damage claims. When damage to contents of a shipping container is discovered by the consignee which could not have been determined at the time of delivery, it must be reported by the consignee to Carrier upon discovery and a request for inspection by Carrier’s representative made by consignee. Notice of loss or damage and request for inspection may be given by telephone or in person, but in either event must be confirmed in writing by mail or overnight courier. If more than fifteen (15) days pass between date of delivery of shipment by Carrier and the date of report of loss or damage and subsequent request for inspection by consignee, it shall be the obligation of the consignee to offer reasonable evidence to the carrier’s representative when inspection is made that loss or damage was not incurred by the consignee after delivery of shipment by carrier. While awaiting inspection by Carrier, the consignee must hold the shipping container and its contents in the same condition they were in when damage was discovered insofar as it is possible to do so. f) Institution of Suits. Suit for loss, damage, injury or delay shall be instituted against Carrier no later than two years and one day from the day when written notice is given by the Carrier to the claimant that Carrier has disallowed all or any part of the claim specified in the notice. 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.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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g ) Carrier shall be liable for a maximum of the actual cost of the cargo. Cost shall mean the raw cost of the materials and labor with no mark up for profit. In no event shall carrier be liable for retail value. Carrier shall be liable for a maximum of $20/man hour for any labor involved in fixing damaged cargo .
Item 320: INVESTIGATIONS OF CARGO CLAIMS
Each claim for loss or damage to cargo filed against Carrier in the manner prescribed herein will be promptly and thoroughly investigated.
Carrier reserves the right to require any and all other documentation it deems necessary, in its sole discretion, to investigate any claim. Regardless of the foregoing, each claim will be supported by the original bill of lading, evidence of the freight charges, if any, and either the original invoice, a copy of the original invoice, or an extract made therefrom, certified by the claimant to be true and correct.
For shipments or any parts thereof which are not delivered, Carrier reserves the right to require certification from the claimant that the missing cargo has not been received from any other source.
Item 330: ACKNOWLEDGMENT OF CLAIMS
Carrier will, upon receipt in writing of a proper claim in the manner and required, acknowledge the receipt of such claim in writing to the claimant within 30 days after the date of its receipt by Carrier unless Carrier will have paid or declined such claim in writing within 30 days of the receipt thereof. Carrier will indicate in its acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it to further process the claim as its preliminary examination of the claim as filed, may have revealed.
Item 350: PROCESSING OF SALVAGE
Whenever baggage or material, goods, or other property transported by Carrier is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, Carrier, after giving due notice whenever practicable to do so to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, will undertake to sell or dispose of such property or by the employment of a competent salvage agent. Carrier will only dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein. Carrier will make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved and claim, if any, filed thereon. Carrier also will assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed thereon. Whenever disposition of salvage material or goods will be made directly to an agent or employees of Carrier or through a salvage agent or company in which Carrier or one or more of its directors, officers, or managers has any interest, financial or otherwise, Carrier’s salvage records will fully reflect the particulars of each transaction or relationship, or both as the case may be. Upon receipt of a claim on a shipment on which salvage has been processed in the manner hereinbefore prescribed, Carrier will record on its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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If Carrier does not receive disposition instructions within forty-eight (48) hours of sending its initial notice, Carrier may, in its sole discretion, attempt to issue a second and final confirmed notification. Such second notice shall advise that if carrier does not receive disposition instructions within ten (10) days of that notification, Carrier may offer the shipments for sale at a public auction and Carrier has the right to offer the shipment for sale. If Carrier determines in its sole discretion that the potential for recovery will be prejudiced by such second notice period (e.g., where the goods to be salvaged are perishable), Carrier may shorten the second notice period or forego the second notice altogether. The amount of sale will be applied to the costs of the sale and Carrier’s invoice for transportation and other lawful charges. The owner will be responsible for the balance of the charges not covered by the sale of goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon written claim and proof of ownership. a) “Overcharge” means an overcharge as defined in Section 49 U.S.C. § 14704(b). It also includes duplicate payments and unidentified payments as hereinafter defined when a dispute exists between the parties concerning such charges. b) “Duplicate payment” means two or more payments for transporting the same shipment. Where one or more payment is not in the exact amount of the applicable rates and charges, refunds shall be made on the basis of the excess amount over the applicable rates and charges. c) “Unidentified payment” means a payment which a carrier has received but which the carrier is unable to match with its open accounts receivable or otherwise identify as being due for the performance of transportation services. Item 400: CLAIMS FOR OVERCHARGE, UNDERCHARGE OR DUPLICATE PAYMENT
d) “Claimant” means any shipper or receiver, or its authorized agent, filing a request with a carrier for the refund of an overcharge or duplicate payment.
e) “Undercharge” means charges for transportation services which are less than those applicable thereto.
Item 410: FILING, DOCUMENTING, AND PROCESSING CLAIMS
Claims for overcharge or duplicate payment shall be accompanied by sufficient information to allow Carrier to conduct an investigation and pay or decline the claim within 180 days of the date of the invoice. Claims shall include the name of the claimant, its file number and the amount of the refund sought to be recovered and shall be accompanied by the original freight bill along with all other documents or data in the possession of the claimant which substantiates the basis for the claim. Claims for duplicate payment shall be accompanied by the original freight bill(s) for which charges were paid and by applicable payment information. If Carrier invoices the shipper, receiver or its authorized agent for charges for transportation services which are less than those applicable to such services, Carrier shall file an undercharge claim within 180 days of the date of the original invoice to the party responsible for payment of the freight charges. Carrier shall provide the amount of the undercharge sought to be recovered and such claim shall be accompanied by a copy of the original freight bill and a corrected freight bill along with all other documents or data substantiating Carrier’s claim.
Item 420: DISPOSITION OF UNIDENTIFIED PAYMENTS, OVERCHARGES OR DUPLICATE PAYMENTS NOT SUPPORTED BY CLAIMS
If Carrier is not provided sufficient information with which to properly apply a payment, Carrier shall notify the payor of the unidentified payment within 60 days of receipt of the payment and request information which will enable it to identify the payment. If Carrier does not receive the information requested within 90 days from the date
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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of the notice, Carrier may treat the unidentified payment as a payment of freight charges owing to it. Following the 90-day period, the regular claims procedure shall be applicable.
Item 500: LIABILITIES NOT ASSUMED
CARRIER SHALL NOT 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 SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, REGARDLESS OF WHETHER CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Item 510: COLLECTION ON DELIVERY (COD) SHIPMENTS AND PREPAYMENTS
a) This service is not provided. As such, carrier will not be liable for collecting any COD charges even if the bill of lading is designated as COD delivery. b) In the event that carrier requires prepayment, payment shall be made to carrier via wire, credit card or electronic check PRIOR TO DEPARTING FROM SHIPPER.
Item 520: FORCE MAJEURE EVENTS
Carrier shall not be liable for any failure to perform, including failure to timely perform, services under this tariff where such failure is wholly or partially due to an Act of God, War, Fire, Weather, Explosion, Riot, Civil Commotion, Act of Terrorism, Restriction by Government or other Authority, Strikes, Lock Outs, Failure of Suppliers, or to any cause whatsoever which is beyond the direct and exclusive ability of Carrier to control, or which could not be reasonably anticipated by Carrier.
Item 530: APPOINTMENTS
Carrier is not bound to transport a shipment by a particular appointment schedule, or in time for a particular market, but is responsible to transport a shipment with reasonable dispatch. Carrier will not be liable for late deliveries or unkept appointments unless such late delivery or unkept appointment is beyond Carrier’s duty of reasonable dispatch. In no event shall a time quotation be considered a guarantee of delivery time. Carrier does not agree to any charges for a late delivery unless agreed to in writing by an officer of Buchanan Hauling and Rigging, Inc. Delivery times on rate confirmations are to be considered estimates and are not to be considered to agreeing to damages for deliveries made beyond the estimated dates/times.
Item 540: IMPRACTICABLE OPERATIONS
Nothing in this tariff shall be construed as making it binding upon Carrier to accept freight from or make delivery to locations to which it is impracticable to operate vehicles, inclusive of performing pickup or delivery services, because of conditions of alleys or streets, because of riots or strikes, conditions typically referred to as Acts of God or Force Majeure events, inclusive of Force Majeure events as defined in that item of this Tariff, local, state, or federal regulations restricting or prohibiting certain vehicle types, commodities, services, or if perceived to constitute a risk to environment, vehicle, cargo, vehicle operators, the general public, or pose a security risk. Further, at its sole discretion, Carrier reserves the right to refuse or reject requests for service, or to return accepted shipments, if it is known or perceived that any of the foregoing may exist or occur. Any applicable service guarantees are rendered null and void in the event any of the foregoing are experienced.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Item 550: 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 or the use of vehicles or facilities. Without limiting the foregoing, Carrier is not required to accept for transportation any lading that exceeds 45,000 pounds or which occupies the full visible capacity of the trailer provided.
Item 560: WARRANTIES
CARRIER MAKES NO WARRANTIES, IMPLIED OR OTHER, FOR ANY TRANSPORTATION AND/OR RELATED SERVICES PROVIDED.
Item 570: NON-WAIVER
Failure by Carrier to apply or enforce the provisions of its Tariff(s), service guides, standard operating procedures, terms and conditions, or requirements shall not be considered a waiver of its ability to enforce application of such on any past, current or future transportation services provided.
Item 580: PACKAGING, MARKING AND PAPERWORK
The “shipper,” not Carrier, is responsible for ensuring compliance with all applicable laws and/or governmental authority relating to packing, marking, labeling, commodity identification, certifications, and all paperwork required for the safe and lawful transportation of its tendered cargo.
Item 600: HAZARDOUS MATERIALS
BUCHANAN HAULING AND RIGGING DOES NOT ACCEPT HAZARDOUS MATERIAL LOADS.
Item 610: PIER DELIVERIES
Carrier expenses incurred for pickup or delivery service on shipments involving piers, docks, pier terminals, transit sheds, or wharves, including the loading and/or unloading charges of the longshoremen, stevedores, public loaders, gate passes and all other applicable charges, the charge will be actual costs, plus 30%, subject to a $100 minimum. Detention will be applied normally.
Item 620: RECONSIGNMENT OR DIVERSION
Shipments may be diverted or reconsigned upon instructions from Customer, and Carrier’s applicable prevailing Tariff mileage rates from point of original destination to reconsignment destination will be applied and added to the original shipment mileage charges.
Item 630: REDELIVERY
When a shipment is consigned to businesses, warehouses and other generally recognized receiving locations, and the Carrier vehicle is capable of making delivery and through no fault of Carrier such delivery cannot be accomplished,
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Tariff No.20160101
applicable detention charges will be assessed, with credit for any applicable free-time given, until delivery is made, subject to a maximum of ten (10) hours detention per calendar day, regardless of whether or not Carrier’s vehicle remains on the consignee premises or departs from said premises while waiting (a) to deliver on the consignees next regularly scheduled business day or (b) to deliver at a re-designated time as instructed by a consignee representative. If redelivery is to a location other than original consignee location, detention charges will accrue as provided for herein until carrier receives instruction to deliver to a new consignee location. An additional charge based upon mileage and vehicle furnished will also be assessed for all miles from the original consignee location to the newly designated consignee location, provided however, that if redelivery is to a location within the confines of the same plant, compound or facility grounds, no additional mileage charges shall apply but in lieu thereof a stop-off charge of $75.00 shall be assessed.
Item 640: RETURN, REJECTED AND DAMAGED SHIPMENTS
On shipments or portions thereof which are returned (refused), rejected or damaged, Carrier will return such shipments or portions thereof upon request of the shipper or owner back to the original point of origin and charges will be assessed at the mileage rates shown in carriers applicable tariffs (in effect on the date of the return shipment) with mileage calculated from delivery point to point of original pickup. Return charges will be in addition to all charges applicable for the original shipment prior to the requested return.
Item 650: SPECIALIZED SERVICES AND/OR EQUIPMENT
Upon request, Carrier may provide the following services and/or equipment. Carrier will not be responsible to provide special and/or extra equipment or perform accessorial services if not specifically requested to do so prior to the tender of the shipment. If prior arrangements for specialized services and/or equipment are not made with the carrier, carrier reserves the right to refuse such shipment. Customer may however, at its own risk, choose to unload the shipment and wait for the required equipment to be furnished. Requests for special equipment and/or services must be noted on all shipping orders, bills of lading, and/or electronic media. The following charges shall be in addition to all other lawful transportation and related charges. [SEE EXHIBIT A]
Item 660: STOP-OFF IN TRANSIT: LOADING / UNLOADING
a) Shipments may be stopped in transit for the purpose of partial loading and/or unloading. One (1) hour additional free time will be given for each such in transit stop.
b) The rate to be assessed shall be the rate applicable from point of origin to point of final destination (See Note).
c) The initial pickup stop and the final delivery stop are not subject to stop-off charges. For all other stops for partial loading or unloading, the charge shall be $ [SEE EXHIBIT A] per stop.
d) On shipments where the charges are collect or prepaid but not a combination of both, and shipper or consignee requests separate billing per stop-off, the carrier will divide the total applicable revenue of such shipment by the number of stops, and the result will be the charges for each billed stop.
NOTE: When rates are based on mileage, the rate to be applied shall be the rate applicable for the total mileage of the shipment calculated from the original point of origin to point of final destination via all stop-off points.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Tariff No.20160101
Item 670: STORAGE RIGHTS
On refused, rejected or other shipments where Carrier is unable to deliver a shipment or part of a shipment to its intended final destination, Carrier’s liability as a warehouseman shall begin immediately upon refusal or rejection and Carrier shall be entitled to recover any and all costs in any way associated with the storage of any cargo. At its sole option, Carrier may deposit the cargo in a public warehouse or storage facility under the consignee’s, and/or shipper’s name so that storage fees do not accrue against Carrier.
Carrier liability for loss or damage to cargo is eliminated once cargo is deposited.
Item 700: SHIPPER BILL OF LADING / AIRWAY BILLS / PAPERWORK
Bills of Lading and/or paperwork provided by a shipper, broker, forwarder, other carrier, intermediary, or other documents not issued by Carrier, shall act solely as “receipts” for the transfer of custody of cargo only. All terms and conditions of transport shall be pursuant to Carrier’s Bill of Lading and applicable tariffs in effect when service is provided.
Item 710: SUBCONTRACTING RIGHTS
When necessary to honor service commitments, Carrier may, at is sole discretion, utilize the services of other carrier’s or modes of transportation. Carrier’s liability to its customer will not change unless agreed upon in writing by Carrier and Customer.
Item 720: VEHICLE USED TO TRANSPORT CUSTOMER TRAILER
All such moves are considered to be round-trip moves, even if the Customer trailer is only transported one-way. As Carrier is requested or required to provide power to transport a Customer trailer, charges will be 120% of the applicable one-way mileage (outbound) rate.
Item 730: TEAM DRIVER
When requested by the purchaser of carrier's services, an extra driver will be furnished at a rate of $1.00 per mile in addition to all other published charges. The bill of lading must bear the notation "Team Driver Requested".
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Item 740: TRACTOR & TRAILER (HOURLY RATE)
When carrier provides a Tractor and Trailer based on an hourly rate, the rate shall be $125.00/hour with a 4 hour minimum. See [EXHIBIT A] -billed in one hour increments.
Item 750: TRAILER RENTAL
When carrier rents trailers, the rates shall be as reflected in [EXHIBIT A]
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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Tariff No.20160101
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Item 760: NEW YORK CITY CHARGES
Shipments originating at or destined to New York, NY (points in the Boroughs of Bronx, Brooklyn, Kings, Manhattan, Staten Island and Queens) and points in Nassau and Suffolk Counties, an additional $350.00 per shipment will be charged in addition to all other lawfully published charges.
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Item 770: EXCLUSIVE USE OF VEHICLE
When the exclusive use of a vehicle is provided by the carrier at the request of the purchaser of carrier’s services, the following provisions will apply:
a). The request must be given in writing or placed on the Bill of Lading and Shipping Order. b). Charges are to be paid or guaranteed by the party requesting the services and non- recourse stipulation on the Bill of lading will not apply. c). Charges for this service will be a minimum charge of 150% of the freight charges based on the actual weight or the applicable truckload charge based on 40,000 pounds (full truckload) whichever is greater.
Item: 780: DETENTION, WITHOUT POWER, COMPUTATION OF TIME -"SPOTTED TRAILERS"
a). Spotted trailers will be allowed 24 consecutive hours of free time for loading or unloading. b). For trailers spotted for loading or unloading, time commences at the time of placement for loading or unloading as the case may be. c). Saturday, Sunday and Holidays shall be included in the free time calculation.
d). When a trailer is both loaded and reloaded, each transaction will be treated independently of the other, except that when loading is begun before unloading is completed, the free time for loading shall not begin until free time for unloading has elapsed. e). Consignor shall notify carrier, the purchaser of carrier's services or other party designated by them, when loading or unloading has been completed and the trailer is available for pickup. f). When a spotted trailer is changed to a vehicle with power, free time shall cease at the time of request. Detention provisions governing vehicles with power units will then apply. g). When prearranged scheduling has been made, time begins from the actual time of spotting if the carrier's vehicle arrives later than the scheduled time. If the carrier's vehicle arrives prior to the scheduled time, time shall begin at the scheduled time of actual time spotting commences, whichever is earlier.
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Item 790: TEMPERATURE CONTROL
Carrier shall assume no responsibility for articles or commodities that require protection from either heat or cold. Any shipment requiring temperature control will be accepted at the purchaser of carrier's services own risk.
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ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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