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Tariff No.20160101
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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