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TARIFF UPGF 102-H

(cancels UPGF 102-G)


UPS GROUND FREIGHT, INC.

P.O. BOX 1216

RICHMOND, VA 23218-1216

#MC 109533 Sub 146

#MC 109533 Sub-No. 149-P

www.upsfreight.com

RULES AND CHARGES



For Less-Than-Truckload (LTL) Service



EFFECTIVE: March 31, 2014





APPLIES ON INTERSTATE, INTRASTATE AND FOREIGN COMMERCE

IMPORTANT STATEMENT OF GENERAL APPLICATION


This publication explains the rules and conditions of service that apply on shipments by the LTL Division of UPS Ground Freight, Inc., and that show this document as a governing publication. Exceptions to any of the items in this publication will be noted in agreements that apply for an individual customer. When UPS Freight acts as a motor carrier, it is acting pursuant to its motor carrier authority #MC 109533 Sub 146 (as to common carrier authority) and #MC 109533 (Sub-No. 149-P) (as to contract carrier authority); when UPS Freight acts as a broker, it is acting pursuant to its broker authority #MC 109533 SUB 105 B. In the event UPS Freight is acting as a motor carrier and, in order to meet operational goals, finds it necessary to broker any shipment(s), it will then be doing so pursuant to its brokerage authority; provided, however, UPS Freight will remain liable for any freight loss or damage claims, as set forth in the contract documents and/or Rules Tariff applicable to such shipment(s).














In an effort to provide its customers with quality service at competitive rates, certain commodities may be offered to be shipped at less than full value and UPS Freight encourages shippers to review this publication, as some items may be subject to limitations of liability, released values or other options specific to a shipment or a commodity. All shippers are further encouraged to evaluate their cargo insurance program so they may tender their goods at the lowest possible overall cost while still being insured for a value consistent with their requirements.








( SEE ITEM 100 )

UPS FREIGHT
TARIFF UPGF 102-G
SECTION 1



CUMULATIVE LIST OF ITEMS IN UPGF 102-G AND SUPPLEMENTS

LISTED BELOW ARE ITEMS THAT HAVE BEEN ADDED, AMENDED OR BROUGHT FORWARD IN SUPPLEMENTS AND INCORPORATED INTO THE ORIGINAL TARIFF.

UPGF 102 -G ORIGINAL TARIFF EFFECTIVE : December 30, 2013
SUPPLEMENT NO. 1 EFFECTIVE: March 31, 2014
SECTION 1
120-A DEFINITIONS AND ABBREVIATIONS
149-A APPLICATION OF RATES - CANADIAN POINTS
166-1A EXCESS DECLARED VALUE COVERAGE
362-A INSPECTION OF PROPERTY
430-A COLLECT ON DELIVERY (COD) SHIPMENTS
575-A MINIMUM CHARGE - CUBIC CAPACITY AND DENSITY
755-A PICK-UP OR DELIVERY - LIMITED ACCESS LOCATIONS
757-A HIGH COST SERVICE AREA SURCHARGE
780-A PROHIBITED OR RESTRICTED ARTICLES
990-A REWEIGH AND WEIGHT VERIFICATION

SECTION 2 MEXICO
ITEM 1002-2A PICK-UP OR DELIVERY - SPECIAL REQUIREMENTS

EXPLANATION OF ABBREVIATIONS AND REFERENCED MARKS

A 1ST REVISED
B 2ND REVISED
* NEW ITEM
*c CANCELED

UPS FREIGHT
TARIFF UPGF 102-G
SECTION 1




SUBJECT

SECTION 1

SECTION 2

Abbreviations-States of Mexico

125-2

Advancing or Paying Charges

300


Application – General

100


Application of Classes

360


Application of Density Based Rates

645


Application of Rates – Direct and Indirect Pricing

101


Application of Rates – Florida Zip Codes

146


Application of Rates – New York City (Borough of Manhattan)

145


Application of Rates – "Not Taken" or "O" Rating Provisions on Articles so Designated in the NMFC

420

 

Application of Rates – Canadian Points

149

 

Application of Rates – Pallets

466


Application of Rates – Prohibited Articles

817


Application of Rates – Trade Show Shipments

148


Application of Rates – Shipper Pricing

105


Appointment and Notification Prior to Delivery

647

647-2

Arrival Notice and Undelivered Freight

345


Bill of Lading, Letter of Authority and Freight Bill Corrections

361


Billing on Joint Line Shipments

811


Border Brokerage Fees


135-2

Border Crossing (Mexico)


487-2

Border Processing Fee

486


Bumping Clause – Non – Application

171


Capacity Load – Minimum Charge

390


Carrier Liability

166

 

Carriers, Containers, Pallets, Skids

465

 

Claims and Legal Actions: Individual Binding Arbitration of Claims

812

 

Claims for Unidentified Payment, Overpayment or Duplicate Payment

813

 

Collect on Delivery shipments (C.O.D.)

430

430-2

Collection of Charges – Collection Fee for Non-Payment or Late Payment

721


Collection of Charges – Extension of Credit

140


Collection of Charges – Currency

815

815-2

Collection of Charges – Currency Exchange Rate

475


Collection of Charges – Payment Application

814


Collection of Charges – Third Party

435


Construction Site Delivery

755


Customs – In Bond Freight

480


Customs – Customs Inland In-Bond Fee

485


Customs – Inspection Border Unload Fee

487

487-2

Definitions and Abbreviations

120


Detention of Vehicle – with Power

500


Detention of Vehicle – without Power

501


Distances – Exception to Method of Determining Mileage

510


Diversion – Mexico


832-2

Diversion to Another Carrier

821


Drop Trailer for Consignee Unloading

579


Excess Declared Value Coverage

166-1

166-2

Exclusive Use and Control

470


Extra Labor

560

560-2

Extreme Length / Over Dimension Freight

670

670-2

Foreign Tariffs

141


Fractions

562


Fuel Surcharge

1

1-2

Fumigation


1001-2

Governing Publications

115


Grocery Warehouse Services

582


Guaranteed Services

823/824/825


Hazardous Materials

565

565-2

High Cost Service Area Surcharge

757


Household Goods or Personal Effects

615


Impractical Operations

570


Indemnification

150


Inspection / Reclassification

365


Interline Shipments

811


Liability of Carrier for Cargo Loss or Damaged

166

166-2

Logistics Providers

160


LTL Guaranteed A.M. Service

825


LTL Guaranteed – Standard Delivery Service

823


LTL No Fee Guarantee

824


LTL Urgent

822


LTL Urgent Requested and Canceled

987


Marking or Labeling Freight

580


Maximum Charge

595


Maximum Charges and Exclusive Use

470


Maximum Weights -Capacity Load or Volume Shipment

596


Minimum Charge – Absolute

610


Minimum Charge – Capacity Load

390


Minimum Charge – Cubic Capacity and Density

575


Minimum Charge – Household Goods or Personal Effects

615


Minimum Payment Amount for Allowance, Discount and Incentive Checks

170


Mixed Shipments and Articles Classified by Weight or Quantity

640


No-Fee Guarantee

824


 Notification Prior to Delivery

647


Offshore Freight Charges

117


Order Notify Shipments

363


Packaging Requirements  and Carrier Liability

680


Pallet Rates

466


Pallet Weight

465


Palletizing Shipment


100-2

Part lots of Shipments Held at Ports of Import by Custom House Authorities

555


Permits

700


Pick-up or Delivery – Consignee Unload or Drop Trailer

579


Pick-up or Delivery – General

750


Pick-up or Delivery – Handling Freight not Adjacent to Vehicle (including Inside Pickup or Delivery)

566


Pick-up or Delivery – Inside

566


Pick-up or Delivery – Limited Access Locations

755

755-2

Pick-up or Delivery – Lumper Service

752


Pick-up or Delivery – Pallet Jack

835


Pick-up or Delivery – Port

556


Pick-up or Delivery – Private Residences

753

755-2

Pick-up or Delivery – Redelivery

830

830-2

Pick-up or Delivery – Saturdays, Sundays, Holidays or Non Business Hours

754

754-2

Pick-up or Delivery – Shipper Load and Count

578


Pick-up or Delivery – Shipment Assembly at Origin

888


Pick-up or Delivery – Special Equipment

725


Pick-up or Delivery – Special Requirements


1002-2

Pick-up or Delivery – U.S. Domestic Islands

758


Precedence of Rates and Pricing

765


Prepayment or Guarantee of Charges

769


Prohibited or Restricted Articles

780


Protective Services

810


Reconsignment or Diversion

820


Reweigh and Weight Verification

990


Saturday, Sunday, Holiday or Non Business Hours - Pick-up or Delivery Service

754

754-2

Security Escort Services


1003-2

Shipments Tendered as Capacity Load

884


Shipper Load and Count

578


Sorting and Segregating of shipments

751


Special Damages and Liabilities not Assumed

819


Special Services – Lift Gate

892


Special Services – Quotation of Estimated Charges

894


Special Services – Security Check – Signature Security Service

896


Special Services – Shipments to Post Offices

895


Spot Quote

890


Stop off for Partial Loading or Unloading

900


Storage

910

910-2

Substitution of Services

920


Taxes and Duties – Mexico


915-2

Temperature Control

810


Through Rates

818


Trade Show Shipments

148


Undelivered Returned Shipments

980


Urgent – UPS Freight ® LTL

822


Urgent – UPS Freight ® LTL, Requested but Canceled

987


Vehicle Furnished But Not Used

985


Weighing and Inspection of Property– Incomplete or Incorrect Description

362












UPS FREIGHT
TARIFF UPGF 102-H

SECTION 1



ITEM 1

FUEL SURCHARGE

APPLICATION OF PERCENTAGE INCREASE

All charges for line haul transportation resulting from rates and/or charges named in tariffs, contracts or other agreed pricing provisions making reference to this tariff, are hereby or will on their effective dates be increased as provided below. In applying the provisions of this item, first determine the applicable line haul charge including all applicable increases and/or discounts, if any. The line haul charge so determined will be subject to the percentage increase as provided below. The term linehaul charge applies to all freight charges other than accessorial charges.






Fuel Price At Least:


The Fuel Surcharge on LTL, Capacity Load or Minimum Charge Shipments is

Fuel Price At Least:

The Fuel Surcharge on LTL, Capacity Load or Minimum Charge Shipments is

Fuel Price At Least:

The Fuel Surcharge on LTL, Capacity Load or Minimum Charge Shipments is

Fuel Price At Least:

The Fuel Surcharge on LTL, Capacity Load or Minimum Charge Shipments is


10.90%

275

18.40%

350

25.90%

425

33.40%

201

11.00%

276

18.50%

351

26.00%

426

33.50%

202

11.10%

277

18.60%

352

26.10%

427

33.60%

203

11.20%

278

18.70%

353

26.20%

428

33.70%

204

11.30%

279

18.80%

354

26.30%

429

33.80%

205

11.40%

280

18.90%

355

26.40%

430

33.90%

206

11.50%

281

19.00%

356

26.50%

431

34.00%

207

11.60%

282

19.10%

357

26.60%

432

34.10%

208

11.70%

283

19.20%

358

26.70%

433

34.20%

209

11.80%

284

19.30%

359

26.80%

434

34.30%

210

11.90%

285

19.40%

360

26.90%

435

34.40%

211

12.00%

286

19.50%

361

27.00%

436

34.50%

212

12.10%

287

19.60%

362

27.10%

437

34.60%

213

12.20%

288

19.70%

363

27.20%

438

34.70%

214

12.30%

289

19.80%

364

27.30%

439

34.80%

215

12.40%

290

19.90%

365

27.40%

440

34.90%

216

12.50%

291

20.00%

366

27.50%

441

35.00%

217

12.60%

292

20.10%

367

27.60%

442

35.10%

218

12.70%

293

20.20%

368

27.70%

443

35.20%

219

12.80%

294

20.30%

369

27.80%

444

35.30%

220

12.90%

295

20.40%

370

27.90%

445

35.40%

221

13.00%

296

20.50%

371

28.00%

446

35.50%

222

13.10%

297

20.60%

372

28.10%

447

35.60%

223

13.20%

298

20.70%

373

28.20%

448

35.70%

224

13.30%

299

20.80%

374

28.30%

449

35.80%

225

13.40%

300

20.90%

375

28.40%

450

35.90%

226

13.50%

301

21.00%

376

28.50%

451

36.00%

227

13.60%

302

21.10%

377

28.60%

452

36.10%

228

13.70%

303

21.20%

378

28.70%

453

36.20%

229

13.80%

304

21.30%

379

28.80%

454

36.30%

230

13.90%

305

21.40%

380

28.90%

455

36.40%

231

14.00%

306

21.50%

381

29.00%

456

36.50%

232

14.10%

307

21.60%

382

29.10%

457

36.60%

233

14.20%

308

21.70%

383

29.20%

458

36.70%

234

14.30%

309

21.80%

384

29.30%

459

36.80%

235

14.40%

310

21.90%

385

29.40%

460

36.90%

236

14.50%

311

22.00%

386

29.50%

461

37.00%

237

14.60%

312

22.10%

387

29.60%

462

37.10%

238

14.70%

313

22.20%

388

29.70%

463

37.20%

239

14.80%

314

22.30%

389

29.80%

464

37.30%

240

14.90%

315

22.40%

390

29.90%

465

37.40%

241

15.00%

316

22.50%

391

30.00%

466

37.50%

242

15.10%

317

22.60%

392

30.10%

467

37.60%

243

15.20%

318

22.70%

393

30.20%

468

37.70%

244

15.30%

319

22.80%

394

30.30%

469

37.80%

245

15.40%

320

22.90%

395

30.40%

470

37.90%

246

15.50%

321

23.00%

396

30.50%

471

38.00%

247

15.60%

322

23.10%

397

30.60%

472

38.10%

248

15.70%

323

23.20%

398

30.70%

473

38.20%

249

15.80%

324

23.30%

399

30.80%

474

38.30%

250

15.90%

325

23.40%

400

30.90%

475

38.40%

251

16.00%

326

23.50%

401

31.00%

476

38.50%

252

16.10%

327

23.60%

402

31.10%

477

38.60%

253

16.20%

328

23.70%

403

31.20%

478

38.70%

254

16.30%

329

23.80%

404

31.30%

479

38.80%

255

16.40%

330

23.90%

405

31.40%

480

38.90%

256

16.50%

331

24.00%

406

31.50%

481

39.00%

257

16.60%

332

24.10%

437

31.60%

482

39.10%

258

16.70%

333

24.20%

408

31.70%

483

39.20%

259

16.80%

334

24.30%

409

31.80%

484

39.30%

260

16.90%

335

24.40%

410

31.90%

485

39.40%

261

17.00%

336

24.50%

411

32.00%

486

39.50%

262

17.10%

337

24.60%

412

32.10%

487

39.60%

263

17.20%

338

24.70%

413

32.20%

488

39.70%

264

17.30%

339

24.80%

414

32.30%

489

39.80%

265

17.40%

340

24.90%

415

32.40%

490

39.90%

266

17.50%

341

25.00%

416

32.50%

491

40.00%

267

17.60%

342

25.10%

417

32.60%

492

40.10%

268

17.70%

343

25.20%

418

32.70%

493

40.20%

269

17.80%

344

25.30%

419

32.80%

494

40.30%

270

17.90%

345

25.40%

420

32.90%

495

40.40%

271

18.00%

346

25.50%

421

33.00%

496

40.50%

272

18.10%

347

25.60%

422

33.10%

497

40.60%

273

18.20%

348

25.70%

423

33.20%

498

40.70%

274

18.30%

349

25.80%

424

33.30%

499

40.80%

Note 1 All shipments will be subject to a fuel surcharge based on a weekly fuel price report, published on the website of the US Energy Information Administration (EIA) for the US On-Highway Diesel Fuel Price. The report may be received directly from the EIA or by calling (202) 586- 6966. If Monday falls on a Federal Holiday, the index next published will be used to determine the applicable fuel surcharges. The website is www.eia.gov/petroeum/gasdiesel. The surcharge for each week (Monday through Sunday) will be based on Monday’s EIA price of the previous week.






Note 2 For each one cent ($ .01) increase over 500 cents in the EIA Diesel Fuel Price, the fuel surcharge will increase by an additional 0.1% on LTL, Volume or Capacity Load shipments. For each one cent ($ .01) decrease below 200 cents in the EIA Diesel Fuel Price, the fuel surcharge will decrease by 0.1% on LTL, Volume or Capacity Load shipments, subject to a minimum fuel adjustment of $2.00 when the Diesel Fuel Price Index is at least 115 cents per gallon. When the EIA Diesel Fuel Price falls below 115 cents, the fuel surcharge will not apply.






Note 3 Urgent shipments (as defined in Item 822) moving “out-of-network” shall be subject to fuel surcharge in accordance with the amounts charged to Carrier by its agent, partner carrier, other mode of transportation, or sub-contractor, unless the fuel surcharge has been previously negotiated on Urgent “out-of-network” shipments between the parties in tariffs, contracts, or other agreed upon pricing provisions.





ITEM 100

GENERAL APPLICATION

  1. This publication applies to the Less-Than-Truckload (LTL) Division of UPS Ground Freight Inc.,d/b/a/ UPS Freight (identified herein as "Carrier" or UPS Freight)
  2. . It explains Carrier’s services as well as the rules and conditions of service that apply on shipments moving under other publications, pricing agreements, or in customer contracts which show this document as a governing publication. Where reference is made, in other publications, pricing agreements or contracts to Carrier’s current rules or UPGF 102 Series rules, this rules publication shall be used to determine all rules, fuel surcharges, accessorial charges and special service fees. Where reference is made, in other publications, pricing agreements or contracts to OVNT 102 Series rules or MTRG 100 Series rules, this rules publication shall be used to determine all rules, fuel surcharges, accessorial charges and special service fees. Any shipment made using a PRO number generated by Carrier is subject to the rates, classifications, limitations and rules that have been established by Carrier and are in effect as of the date of shipment, including without limitation this rules tariff, except to the extent otherwise set forth in customer specific pricing, or contracts that apply for individual customers.

  3. Exceptions to any of the items in this publication will be noted in customer specific pricing agreements, statements of agreed pricing or contracts that apply for individual customers. Carrier, in accordance with its obligations under the Title 49 USC, Section 13710, shall provide to the Shipper, on request of the Shipper, this publication or any other written or electronic copy of the rate, classification, rules, and practices upon which any rate applicable to its shipment or agreed to between the Shipper and Carrier is based. In addition, this publication appears on Carrier’s internet site (www.upsfreight.com), may be accessed at any time, by any Shipper without cost and is the most current version.


  4. In an effort to provide its customers with quality service and competitive rates, certain commodities are shipped at less than full value. Carrier encourages its customers to review this publication as some items may be subject to limitations of liability, released values or other requirements that may relate directly to your shipment. (Therefore, all Shippers are further encouraged to evaluate their personal or corporate cargo insurance polices so they may ship their goods at the lowest possible rate while still being protected for full value.)

  5. Unless otherwise provided, when provisions of this tariff are in conflict with those published in individual contracts and / or tariffs, such contracts and / or tariffs, to the extent of their application, will apply. Where a rule published in this tariff covers the same rule published in the National Motor Freight Classification, STB NMF 100 Series, such rule published herein, to the extent of its application, will apply in lieu of the rule published in STB NMF 100 Series.

  6. When UPS Freight acts as a motor carrier, it is acting pursuant to its motor carrier authority #MC 109533 Sub 146 (as to common carrier authority) and #MC 109533 (Sub-No. 149-P) (as to contract carrier authority); when UPS Freight acts as a broker, it is acting pursuant to its broker authority #MC 109533 SUB 105 B. In the event UPS Freight is acting as a motor carrier and, in order to meet operational goals, finds it necessary to broker any shipment(s), it will then be doing so pursuant to its brokerage authority; provided, however, UPS Freight will remain liable for any freight loss or damage claims, as set forth in the contract documents and/or Rules Tariff applicable to such shipment(s).

  7. Except as otherwise provided, or otherwise stated on the bill of lading, and unless the Shipper has agreed to accept responsibility, additional charges for special services which exceed the normal pickup, line haul, and delivery service defined by Item 750, shall be collected from the party requesting or requiring the service irrespective of whether the line haul charges are prepaid or collect. In the event the party requesting or requiring the service does not pay or is unwilling to pay, Carrier reserves the right to assess the charges against the payor of the freight charges.

  8. Carrier will maintain records to verify the application of charges and will so document on any billing or invoicing to the responsible party.

  9. Reissued tariffs, items or parts of items will cancel previously issued tariffs, items or party of items, or publications referenced thereto. The term “series” implies the most current tariff in effect at time of shipment. Where an item is suffixed with an alphabet letter, the letter A, cancels the original item not so suffixed, B cancels A, C cancels B. etc.

  10. In the event Carrier receives no shipments rated under the provisions of any statement of agreed pricing, for a period of 120 days, that statement of agreed pricing will be deemed obsolete and subject to cancellation.

  11. All pricing agreements established by Carrier for its customers are subject to annual general rate increases, unless specifically stated otherwise in the pricing agreement.

  12. Section 1 provides general application. Section 2 applies only on International commerce from or to points in Mexico. Rules, rates and charges shown in Section 2 take precedence over the same rules, rates and charges shown in Section 1 to the extent of the application.

  13. Accessorial rates and charges shown in this tariff are not subject to discounts or reductions.
  14. Carrier may disclose information of any nature regarding any agreement to its corporate parent, subsidiaries, affiliates and related entities and may disclose information as specifically required by law or for payment and audit purposes.

  15. In the event any item or provision of an item in this tariff is determined to be invalid by a court or administrative agency order or ruling, or by enactment or amendment of law, such action shall not invalidate the entire tariff, but this tariff shall be construed as if not containing the particular item or provision held to be invalid and the rights and obligations of Shippers, Consignees, customers and Carrier shall be construed and enforced accordingly.

  16. Except as otherwise provided in agreements referring to this tariff, no shipment will be accepted upon a partially PREPAID or partially COLLECT basis.

  17. Shippers and Consignees may refer to UPGF 105 tariff for applicable offshore rates, rules and charges or call international Customer Service at (800) 333-7400. A copy of the UPGF 105 tariff is available upon request at no cost.

  18. Except as otherwise provided or otherwise stated on the bill of lading and agreed to by Carrier, Carrier agrees to accept, transport and deliver such goods as a customer or Shipper may tender with reasonable dispatch. Carrier is not otherwise bound to transport the goods by any particular schedule, by a particular route or in time for any particular event or in any other manner other than with reasonable dispatch.
  19. NOTICES: All notices required between Carrier and customer or Shipper shall be deemed to be properly served only if reduced to writing and sent by United States mail, certified, return receipt requested, postage prepaid, or by UPS Next Day Air®, fees prepaid, or by personal delivery. The date of any notice so sent will be deemed to be the date of receipt. If any notice mailed or sent by United States mail or by UPS Next Day Air® delivery service is properly addressed with appropriate charges prepaid but is returned because the intended recipient refuses delivery or can no longer be found at the current notice address, such notice shall be deemed effective notice and to be given on the date such delivery is refused or cannot be accomplished.


  20. Carrier introduces new services from time to time that would not have been contemplated in a customer agreement that went into effect prior to introduction of the service. Additionally, an existing service provided by Carrier may not be included in a customer agreement for a variety of reasons even though the service was in effect at the time the agreement went into effect. To resolve these situations, Carrier will observe the following rules: Where a Shipper, consignee or other Third Party with an interest in the Shipment requests an accessorial service that was in effect at the time the agreement was in effect, the service will be provided and charged for as negotiated between the parties. Where the accessorial service is introduced by Carrier after the effective date of an agreement, then the stated description of the service in this Tariff, including the service charge, will apply. Any service rendered beyond pickup, delivery and linehaul that is not provided for in this Tariff will be charged for as negotiated between the customer and Carrier.

ITEM 101

APPLICATION OF RATES-DIRECT AND INDIRECT PRICING

Direct pricing applications established by UPS Freight in any individual tariff item, contract or statement of agreed pricing will apply between all points in the contiguous United States, and between all points in the contiguous United States on the one hand and all points in Canada on the other, when moving on Carrier’s current base rates in effect on the date of shipment, subject to the following conditions:

  1. Base rates applicable to such pricing must be the current UPGF 500, 505, 525, 560 or 580 series; and,
  2. Shipment must be picked up by UPS Freight on a freight prepaid basis where the UPS Freight® customer is the Shipper-payor or Third Party payor, or,
  3. Shipment must be delivered by UPS Freight on a freight collect basis where the UPS Freight customer is the Consignee-payor or Third Party payor.
  4. Unless specifically provided in the pricing, where reference is made to indirect, joint-line, partner or interline pricing in any individual tariff item, Contract or statement of agreed pricing, the pricing applies only on shipments originated by UPS Freight and will not apply on advance interline shipments.

Note Indirect, joint-line, partner and interline pricing shown in the individual tariff, contract or statement of agreed pricing shall have no application to the extent shown above. All other conditions governing the pricing application shall continue to apply.


ITEM 105

APPLICATION OF RATES - SHIPPER PRICING

Collect shipments consigned to customers having no established pricing or shipments billed to 3rd party payers having no established pricing, shall be rated at the Shipper’s pricing, to the extent of application, based on 125 percent of the applicable rates or minimum charge. The provisions of this item do not apply when no pricing provisions are applicable.




ITEM 115

GOVERNING PUBLICATIONS

This tariff is governed, except as otherwise provided herein, by the following described publications and tariffs, and by supplements or loose-leaf page amendments thereto or successive issues thereof :

KIND OF TARIFF                                                       ISSUING AGENT                                         TARIFF SERIES
Canadian Postal Zip Code Directory                             Canada Post Corporation
Direct Service Points                                                  Carrier                                                        Carrier website
Hazardous Materials Regulations Guide                         DOT                                                            CFR Title 49
Household Goods Carriers Bureau                                Household Goods Carrier’s Bureau                  HGB 100
Household Goods Carriers Bureau                                Household Goods Carrier’s Bureau                  HGB 105
Mexican Postal Zip Code Directory                              Servicio Postal Mexicano
National Motor Freight Classification, NMF 100 Series    National Motor Freight Traffic Association Inc   STB NMF 100
National Five-Digit Zip Code Post Office Directory        United States Postal Service
Off-Shore Rules                                                        Carrier                                                         UPGF 105

ITEM 117

OFFSHORE FREIGHT CHARGES

Except as otherwise provided, when a shipment originates in or is destined to Hawaii, Alaska, Puerto Rico, Guam or the US Virgin Islands the shipment will be rated using a combination of rates. The portion of the movement between Carrier’s facility in the contiguous 48 United States and the port of debarkation to (or entry from) Hawaii, Alaska, Puerto Rico, Guam and the US Virgin Islands will be rated using the customer’s pricing provisions for LTL or Capacity Load shipments, governed by UPGF 102 Tariff in effect on the date of shipment. For Shipments tendered to the Truckload Division, the Tariff UPTS 103 will apply to the domestic portion of the shipment. The portion of the movement between the port of debarkation and the port of entry will be rated using UPGF 105. To the extent UPGF 105 includes accessorial services and charges, UPGF 105 will apply. All other accessorial services and charges will be found in this Tariff effective at the time of the shipment. Shippers and Consignees may refer to UPGF 105 tariff for applicable offshore rates, rules and charges or call international customer Service at (800) 333-7400. A copy of the UPGF 105 tariff is available upon request at no cost.



ITEM 120-A

DEFINITIONS AND ABBREVIATIONS

Capitalized terms used and not otherwise defined herein shall have their respective meanings as set forth below:



Absolute Minimum Charge is the minimum charge after applying all of the pricing terms and conditions.

Assembly is the consolidation of shipments into a larger unit of volume i.e. a single piece or multiple pieces of freight received from one Shipper at one place at one time for one Consignee at one destination and covered by one bill of lading.


ATA-American Trucking Association

Agent is a person or business entity authorized to act on behalf of another person or business entity

Allowance is an amount that is reimbursed to a customer for performing services normally completed by Carrier

Broker is a person other than a motor carrier, its agent or employee that sells, offers for sale, negotiates or holds itself out as selling, providing or arranging for transportation by motor carrier for compensation, as further defined in 49USC article 13102. Brokers arrange for transportation of freight belonging to others and using carrier-provided equipment for the actual transportation services. Brokers normally do not assume responsibility for or take possession of any freight. Brokers are registered with the FMCSA.





Bumping is the declaration on the original bill of lading of an artificially higher weight for the purpose of causing a higher density that allows the article or piece being “Bumped” to qualify for a lower classification rating.


Business Days is that time during which operations are generally conducted by Carrier at the point where the service is performed, normally Monday through Friday, excluding Holidays.


Business Hours - Carrier’s normal business hours are 8:00 AM to 5:00 PM

Capacity Load Rates are those rates for shipments defined in Item 390.

Capacity Load shipments are those shipments tendered to the LTL Division of UPS Ground Freight, Inc. as defined in Item 390.

Carrier (UPGF) is UPS Ground Freight, Inc.

C O D - Collect on Delivery.

Component is any portion of a shipment delivered separately by Carrier, regardless of whether it was received separately by Carrier; also a portion of a shipment received separately by Carrier, regardless of whether it was delivered separately.


Consignee is the person or business enterprise shown on the bill of lading as the party to whom the goods may lawfully be delivered by Carrier.

Consolidation is the consolidation of LTL shipments at one point into a larger unit of volume for transportation to another point.

Construction Site is the site of any construction of buildings, roads or bridges or other structures including the entire property upon which the construction is taking place, and delivery to any facility (such as warehouses, depots, supply houses or similar facilities) located on such property.



Constructive Placement is the delivery of a vehicle at a Place or Site other than the place or site identified on the bill of lading due to the inability or Consignee or Shipper to accept the vehicle at the identified site.


Current Base Rates refers to the Carrier’s base rates in effect on the date of shipment.

CWT – Hundred weight

Delivery References:

Point – a particular city, town, village, community or other area which is treated as a unit for the application of rates

Place – a particular street address or other designation of a factory, store, warehouse, residence, or address within a Point.

Site – a particular platform or specific location for loading or unloading at a Place

Address – a number and street name (not a Box Number), including US or Canadian Postal Service Zip Code

Density – unit of measure calculated in pounds per cubic foot.

Dimensional Weight is computed at the actual cube dimensions multiplied by the dimensional weight factor provided in the customer’s pricing agreement.

Diversion is the process of changing the destination, but not the Consignee, at the request of the owner of the goods, while a shipment is enroute.

Doubles Trailer means a set of trailers, each not exceeding 28 lineal feet of loading space, operating in tandem and drawn by a single power unit.

Equipment is any motorized truck or self-propelled vehicle for use on the highway, and the trailing equipment of such vehicles.

Export designates shipments that originate within the 48 contiguous United States and have a subsequent movement to a location outside the contiguous 48 United States

FAK – Freight, All Kinds

FMCSA – Federal Motor Carrier Safety Administration.

Frozen Base Rates refers to base rates that are not subject to (and do not change with) Carrier’s General Rate Increase.

HGB – Household Goods Bureau

Holiday shall mean Christmas Day, Independence Day, Labor Day, Memorial Day, New Year's Day, Thanksgiving Day or any other day generally observed as a Holiday by Carrier at the point where the service is performed. If a delivery date is specified on the bill of lading or the shipping order and it is a Saturday, Sunday, or a Holiday, such document must also indicate that the date is in fact a Saturday, Sunday or Holiday.









Import designates shipments that originate outside the 48 contiguous United States that are either (i) consigned to points within the contiguous 48 United States; (ii) consigned from an ocean or air carrier for delivery within the contiguous 48 United States; (iii) consigned to a warehouse and within twelve months consigned to points within the contiguous 48 United States.





Impractical Operations shall mean those types of events set forth in item 570.

Interplant Move is a shipment by a company from one of its facilities to one or more or its other facilities (or the facilities of its divisions or subsidiaries) of any items that are not manufactured or distributed by the company as part of its normal business operations. Facilities of a company include, but are not limited to, its offices, warehouses, distribution centers and manufacturing facilities.





Less than Truckload (LTL) shipments are those shipments that have an actual or billed weight of less than 20,000 lbs. and do not exceed 28 linear feet of a trailer.

Logistics Provider is any person or business entity holding itself out as a Broker, freight forwarder, third party logistics provider or agent of a Shipper.

LTL – see Less than Truckload.

Lumper – third party service that provides loading or unloading services at a shipper or consignee facility for a fee.

Mine Site is the site of any pit, excavation, shaft or deposit at which coal, ore or minerals is, has been, or will be extracted. Such site or “mine” shall include the entire property upon which the mine is located, and delivery to any facility (such as mine warehouses, mine deposits, mine supply house, mine tipples or similar receiving facilities) located on such property will be considered as delivery to a mine. On shipments involving stop offs, charges apply to each portion of the shipment delivered to a mine site.





NMF – National Motor Freight Traffic Associations, Inc.

NMFC – National Motor Freight Classification

Non-Frozen Base Rates refers to base rates that are subject to (and change with) Carrier’s General Rate Increase.


Oil Field is the site of any pit, excavation, shaft, deposit (including tar/oil sand) or rigging at which crude oil, natural gas or other fossil fuel is, has been, or will be extracted. Such site or Oil Field shall include the entire property upon which the site is located, and delivery to any facility (such as, but not limited to, field warehouses, field deposits, field supply house or similar receiving facilities) located on such property will be considered as delivery to an Oil Field. On shipments involving stop offs, charges apply to each portion of the shipment delivered to an "Oil Field" site.







PCF – Per cubic foot (density measure)

Pricing Program is any program created to apply in lieu of Carrier’s full actual class rates and charges as published in the UPGF 500 Series tariffs.

Pup is a single trailer not exceeding 28 lineal feet of loading space.

Reconsignment is the process of changing the Consignee at the request of the owner of the goods, while a shipment is enroute.


Residence means a location that is a home, including home-based businesses, college dormitories, apartments, townhouses, rectories, convents and parsonages.

Set is more than one trailer, each of which does not exceed 28 lineal feet of loading space.

Shipment is a lot of freight received from one Shipper at one place at one time for one Consignee at one destination and covered by one bill of lading, whose weight includes all packaging, wrapping and pallets used in the shipment.


Shipper is the person or business enterprise shown on the bill of lading as the Shipper of the goods received by Carrier for transportation.

Shipper Load & Count (“SL&C”) is a shipment loaded by Shipper without Carrier’s driver present to confirm count.

Straight Truck is a two or three axle Vehicle used on a highway for transportation with a driver compartment separated from the cargo compartment.

Third Party is defined as a person or company designated on the bill of lading as the payor of the freight charges, but who is neither the Shipper nor the Consignee (or their affiliates) on a bill of lading for a shipment.





Van is a single trailer exceeding 29 feet of loading space.

Vehicle means any trailer equipment or combination of trailer equipment handled as one unit, drawn by a single power unit and used on the highways in the transportation of property. When the vehicle consists of a power unit and two or more trailers or containers, the combined length of the trailers or containers must not exceed the statutory maximum length measured along the center longitudinal line of each trailer floor.




ITEM 140

COLLECTION OF CHARGES - EXTENSION OF CREDIT

Unless a different credit period has been established in a transportation agreement, the credit period is 15 calendar days which includes Saturdays, Sundays and Holidays. The party responsible for payment of the freight charges must remit payment within 15 days of invoice date. Late payment service charges may apply if not paid within the credit period (see item 721).





  1. The presentation of the freight charges may be completed by first class mail, electronic data interchange or other method acceptable to Carrier and the payor.
  2. Payments may be completed by check, a bank draft, money order, electronic funds transfer, automatic clearing house, domestic or international wire transfer or other acceptable method.
  3. When a check or similar payment instrument is returned to Carrier for non-payment for any reason, a fee of $79.00 (plus any bank fees borne by Carrier) for each returned check or similar payment instrument will be applied against the customer’s account. Customer may be placed on a "cash only" basis if not cleared to the satisfaction of Carrier.

ITEM 141

FOREIGN TARIFFS

Base rate tariffs not issued by Carrier are defined as foreign tariffs. When a foreign tariff or an older UPS Freight (or former Overnite) tariff is used as the basis for rating a customer’s bills, and the bill of lading covering the shipment is shipped from or consigned to U.S., Canadian or Mexican postal ZIP Codes that are not identified and included within the tariff, then shipment rating will be accomplished using Carrier’s UPGF 560 series (US/US), UPGF 525 series (US/CN), or UPGF 570 series (US/MX), or UPGF 580 (where applicable) current base rates in effect at time of shipment. Any otherwise applicable pricing established for the customer will apply off the current base rates.







ITEM 145

APPLICATION OF RATES–NEW YORK CITY (Borough of Manhattan)

Discounts and NMFC class exceptions do not apply on shipments destined to the following Zip Codes: 10001 – 10099       10101 – 10292

Note 1 Except as otherwise restricted, customers will receive their applicable discount and NMFC class exception provisions on shipments destined to New York ZIP Codes 10001 – 10099 and 10101 – 10292 when their shipments are rated from: UPGF 500, 505, 525, 560, 570 and 580 base rates base rates effective May 1, 2006 and later OVNT 560 and 525 base rates effective August 14, 2000 and later MTRG 502 base rates effective June 23, 2003 and later





Note 2 Freight charges on shipments destined to these ZIP Codes must be prepaid.

ITEM 146

APPLICATION OF RATES – FLORIDA ZIP CODES

Discounts and NMFC class exceptions do not apply on shipments originating from or destined to the following Zip Codes:

33001, 33036-037, 33040-045, 33050-052, and 33070

Note Except as otherwise restricted, customers will receive their applicable discount and NMFC class exception provisions on shipments originating from or destined to the above ZIP Codes when their shipments are rated from UPGF 500, 505, 525, 560, 570 and 580 base rates effective May 1, 2006 and later, OVNT 560 and 525 base rates effective August 14, 2000 and later MTRG 502 base rates effective June 23, 2003 and later





ITEM 148

APPLICATION OF RATES – TRADE SHOW SHIPMENTS

Shipments, subject to rates and charges that are governed by this rules tariff, when picked up from or delivered to convention centers or temporary warehouses, for trade shows, will be subject to the following:



  1. The shipment will be rated at the otherwise applicable pricing, but at the class 125 rating and rate (See Note 1). (If the base rate tariff or pricing does not contain a class 125 rating and rate, multiply the otherwise applicable rate or charge by 125%).

  2. When the applicable pricing is subject to rating based solely on density, a density of 7.0 pounds per cubic foot will be utilized for rating. If the base rate tariff or pricing does not contain a density of 7.0 pounds per cubic foot and rate, the rate will be determined by multiplying the otherwise applicable rate or charge by 125%.


  3. Each shipment will be subject to a trade show shipment charge of $49.00 in addition to all other charges (See Notes 2 and 3).

  4. Carrier will accept television monitors in the exhibition materials tendered to Carrier, under the following conditions:

    1. The packaging and containers must be accepted for shipment by Carrier representative.
    2. All exhibition materials must be shrink-wrapped on pallets or contained within a shipping container in a manner to withstand the normal rigors of transportation and handling. Television monitors may be consolidated with other apparatus and shrink wrapped on a pallet.
    3. Carrier’s liability for loss or damage to refurbished or used television monitors that are properly classified, marked, labeled, packaged and tendered as part of a trade show shipment shall be the lesser of the actual invoice price or the liability for class 125 indicated in Section 2 of Item 166, below.
    4. Where a television monitor is not marked, labeled or packaged as part of a trade show shipment, or is packaged in a manner not approved by Carrier’s representative, Carrier’s liability shall be the lesser of the actual invoice price or $3.00 per pound for any lost or damaged television shipped.

Note 1 Freight of all kinds (FAK) class exceptions and NMFC class exceptions do not apply.

Note 2 The trade show shipment charge will apply on UPGF 20339 item 2000 rated shipments, but is not otherwise applicable on shipments subject to rates, charges or discounts established in that tariff.


Note 3 The trade show shipment charge on shipments to or from ZIP codes 60601-60699 and 27260 shall be $81.00.

ITEM 149-A

APPLICATION OF RATES – CANADIAN POINTS

SECTION 1 – INDIRECT POINTS
Discounts, rates and NMFC class exceptions will not apply on shipments destined to or originating from points in Canada that are not direct service points. For points where direct service is not indicated in the UPS Freight® Service Points File at the time of shipment, Shippers must contact UPS Freight Customer Service at 1-800-333-7400 and select option 6 for a spot quote to include all transportation charges to these locations and the available modes of transportation depending on the season of the year and availability of equipment. When a spot quote is not requested for an interline point prior to shipment, Carrier reserves the right to adjust the charges to reflect any additional costs incurred to process the shipment.









SECTION 2 – DIRECT POINTS
For all other direct points in Canada, an additional charge may be assessed to areas where access is limited. This charge will be in addition to all other freight charges applicable to the shipment and will be assessed on all shipments destined to or originating from these points.

A listing of the applicable postal codes is shown in Table 149A below. A shipment destined to or originating from a postal code within one of the ranges shown in Table 149A will be assessed the charge corresponding to the rate code shown for that postal code range. A listing of charges by rate code is shown in Table 149B.




TABLE 149A – Applicable Postal Codes

Postal Code Range

Rate Code

Postal Code Range

Rate Code

Postal Code Range

Rate Code

Postal Code Range

Rate Code

A0R0A0 – A0R1B0

B

R0B1W0 – R0B1Z0

F

T0G1X0

C

V0C2R0 – V0C2W0

C

A2V0A1 – A2V2Z2

A

R0B2B0

C

T0G2A0 - T0G2B0

C

V0C2X0 – V0C2Z0

F

G0G0A0 – G0G1J0

B

R0B2C0 - R0B2G0

F

T0G2G0

C

V0J1A0

C

G0G1M0 – G0G1T0

B

R8N0A1 - R8N2B8

A

T0G2K0 - T0H1P0

C

V0J1G0

C

G0G1W0 - G0G1X0

B

S0J0H0

F

T0H1R0

F

V0J1K0

F

G0G2E0 – G0G2N0

B

S0J0W0

F

T0H1S0 - T0H4E0

C

V0J1P0

C

G0G2P0 – G0G2R0

B

S0J1L0

C

T0H4G0

F

V0J1T0 – V0J1W0

F

G0G2T0

D

S0J1W0

C

T0P1B0

F

V0J1X0 – V0J1Y5

C

G0G2W0

B

S0J2B0

C

T0P1C0 – T0P1J0

A

V0J2A0

C

G0G2Y0 – G0G2Z0

D

S0J2L0

F

T8S0A1 – T8S2A5

A

V0J2C0

A

G0W0A0 – G0W9Z9

B

S0J2P0 - S0J2R0

F

T9H0A1 – T9K5A7

A

V0J2G0

A

G8P0A0 - G8P9Z9

B

S0J2W0

F

V0C1B0 – V0C1C0

A

V0J2H0

F

J0Y0A2 - J0Y0A5

C

S0J3C0

F

V0C1E0 – V0C1G0

F

V0J2J0 – V0J2J3

C

J0Y2B0

C

S0J3G0

C

V0C1H0 - V0C1K0

A

V0J2N0 – V0J2N7

C

J0Y2X0 - J0Y3B0

C

S0M0G0

C

V0C1L0

F

V0J2R0

C

J0Y3H0

C

S0M0J0 - S0M0K0

C

V0C1N0

A

V0J2T0 – V0J2W0

F

P0L2H0

F

S0M0M0

C

V0C1R0

C

V0J3B0

F

P0V1C0

C

S0M0S0

C

V0C1S0

A

V0J3J0

C

P0V1W0

F

S0M1C0

C

V0C1T0

C

V0J3N0

A

R0B0A0 – R0B0B0

F

S0M1G0

C

V0C1V0

A

V0J3S0 – V0J3T0

C

R0B0E0

F

S0M2H0

C

V0C1W0

F

V0W1A0

F

R0B0L0 – R0B0M0

C

S0M2M0

C

V0C1X0

A

V1G0A1 – V1G0C9

B

R0B0N0

F

S0M3E0 - S0M3H0

C

V0C1Y0

C

V1G1A1 – V1G5B6

B

R0B0S0 – R0B0V0

C

S0P0E0-S0P0G0

C

V0C1Z0

F

V1J0A1 – V1J0H9

B

R0B0W0

F

S0P0J0

F

V0C2A0 – V0C2B0

C

V1J1A2 – V1J7J6

B

R0B0Z0 – R0B1A0

C

T0G0C0

C

V0C2C0 - V0C2E0

A

V8C0A0 – V8C9Z9

G

R0B1C0 - R0B1E0

C

T0G0K0 -T0G0M0

C

V0C2G0

C

V8J0A0 – V8J9Z9

G

R0B1G0 – R0B1L0

F

T0G0V0

C

V0C2H0

A

X1A0A1 – X1A9Z9

E

R0B1N0

F

T0G0W0 - T0G0X0

C

V0C2J0

C

Y1A0A1 – Y1A9Z9

G

R0B1P0 – R0B1R0

C

T0G1B0 - T0G1G0

C

V0C2K0 -V0C2N0

A

R0B1S0

A

T0G1J0 - T0G1K0

C

TABLE 149B – Rate Code Table

Rate Code

Minimum Charge

Charge per cwt

Maximum Charge

Rate Code

Minimum Charge

Charge per cwt

Maximum Charge

A

$32.10

$ 6.30

$129.00

E

$94.00

$18.70

$562.00

B

$43.90

$ 8.80

$205.00

F

$117.00

$23.50

N/A

C

$55.70

$ 11.10

$278.00

G

$117.00

$23.50

$703.00

D

$73.10

$14.65

N/A

ITEM 150-A

INDEMNIFICATION

Shipper shall indemnify, defend and hold harmless Carrier, including its officers, directors, agents, sub-contractors, employees and those of its parent and affiliated companies from and against any and all claims, demands, losses, damages and expenses (including reasonable attorney’s fees, costs and expenses ) connected with or resulting from injury to or death of any person, injury to property or to natural resources arising out of Shipper’s (or its employees’ or agents’) negligent acts or omissions or willful misconduct, or violation of any local, state or federal law or regulation. Customer shall further indemnify, defend and hold Carrier harmless in the event Customer tenders to Carrier any prohibited item for shipment. Carrier shall provide Shipper with (i) written notice of any such claim within a reasonable time of its receipt; (ii) authority and control over the defense and/or settlement of such claim; and (iii) reasonable assistance and information for the defense of such claim that is available to Carrier at Shipper’s cost.











ITEM 160

LOGISTICS PROVIDER

This Item applies to Logistics Providers, as defined in Item 120, and shall be in addition to all other terms and conditions of this tariff.


  1. SECTION 1 - SERVICE

    Subject to reasonable requests, Carrier may transport such merchandise as Logistics Providers may tender to Carrier, excluding any prohibited merchandise or articles described this rules tariff. Additionally, the services by Carrier shall not include any freight that is destined to have any subsequent movement by any aircraft.


  2. SECTION 2 - REPRESENTATIONS AND WARRANTIES

    1. Each Logistics Provider represents and warrants that neither it nor its agents will represent its relationship with Carrier to be other than that of independent contractors;


    2. Each Logistics Provider acknowledges and agrees that neither it nor its agents will represent to any third party that Logistics Provider is authorized to bind Carrier or that Logistics Provider is authorized to act on behalf of Carrier.


    3. Each Logistics Provider represents and warrants that it will not tender any goods to Carrier hereunder if such tender would result in a breach of any understanding or agreement between Logistics Provider and any customer or other third party. Specifically, each Logistics Provider represents and warrants that it will not tender any goods to Carrier that it is prohibited from brokering or providing to third parties for transportation.





    4. Each Logistics Provider represents and warrants that in the event any other motor carrier transports all or any portion of a shipment tendered to Carrier, for example, by way of an interline or interchange, it shall be solely responsible for selecting such third party motor carrier.



    5. In the event that any Logistics Provider additionally holds authority from any regulatory agency to operate as a motor carrier, it represents and warrants that all goods tendered to Carrier hereunder shall be tendered pursuant to the Logistics Providers’ Broker and/or freight forwarder authority.



    6. Each Logistics Provider represents and warrants that it is duly and legally qualified to operate as a Broker and or freight forwarder in accordance with applicable law.


    7. Each Logistics Provider represents and warrants that it maintains all insurance coverage as required by applicable law.


    8. Each Logistics Provider represents and warrants that it shall not provide to Carrier any freight that is destined to have any subsequent movement by any aircraft.


  3. SECTION 3 - DISPOSITION OF CLAIMS

    The Logistics Provider expressly acknowledges and agrees that Carrier’s sole obligation with respect to cargo claims is owed to the Logistics Provider. As between Carrier and the Logistics Provider, the Logistics Provider agrees, represents and warrants that it is solely responsible for any agreement or understanding with respect to cargo liability with regard to any of its customers, for purposes of this Item 160, a "Customer." The Logistics Provider will indemnify and hold Carrier harmless from any claim made by any Customer or any third party claiming an interest in the goods tendered to Carrier by the Logistics Provider.






  4. SECTION 4 - REFUSAL OF SHIPMENT

    In the event of refusal of a shipment by a Consignee or in the event that Carrier, for any reason, is unable to deliver a shipment, Carrier shall notify the Logistics Provider. Carrier shall have reduced liability as a warehouseman for such shipments upon its placement of the shipment in a public warehouse or at its service center or storage facility. In no event shall Carrier’s liability as a warehouseman exceed the maximum liability limitation amount set forth in this tariff.




  5. SECTION 5 - INDEMNIFICATION

    Logistics Providers shall indemnify, defend and hold harmless Carrier, including its respective officers, directors, agents, employees and parent, and other affiliated companies, from and against any and all claims, demands, losses, damages, costs and expenses (including reasonable attorney’s fees, costs and expenses), connected with or resulting from (i) violation of any local, state or federal law or regulation, (ii) breach of any representation or warranty contained herein, (iii) strict liability imposed by any law or regulation, or (iv) injury to or death of any person, injury to property, or to natural resources to the extent arising out of the Logistics Provider’s or its Customer’s (or its respective employees’ or agents’) negligent acts or omissions or willful misconduct. Carrier shall provide a Logistics Provider with (1) written notice of any such claim; (2) sole authority and control over the defense and/or settlement of such claim; and (3) upon the written request from the Logistics Provider, such reasonable assistance and information as is available for the defense of such claim at the Logistics Provider’s expense.












ITEM 166

CARRIER LIABILITY FOR CARGO LOSS OR DAMAGE

This rule explains the liability limits and conditions established by Carrier for all shipments handled. SECTION 1, “GENERAL LIABILITY” applies except where a more specific liability provision exists in this item.

SECTION 1 – GENERAL LIABILITY

  1. Carrier’s liability for loss, damage, or destruction to any shipment or part thereof is limited to the lesser of: (1) twenty five dollars ($25.00) per pound per package; (2) $100,000 per shipment; (3) the actual invoice value of the commodities or articles lost, damaged or destroyed; (4) the amount determined from the applicable limited liability provisions of the NMFC; (5) the limits provided by contract, if applicable; or (6) any other applicable limits set forth in this tariff, unless Excess Declared Value Coverage is specifically requested along with the amount of coverage needed in writing on the bill of lading at the time of shipment and the applicable additional charges are paid (see Item 166-1).






  2. In no event shall Carrier be liable to any party to the extent damages represent loss of profit, income, interest, attorney fees or are incidental, consequential, special, punitive or exemplary, whether or not Carrier knew or should have known that such damages might be incurred by the Shipper, Consignee or a third party. This liability limitation extends to the delay, misdelivery or nondelivery of information regarding the shipment. Where the rate or NMFC classification is dependent on value, Shippers are required to state specifically in writing on the bill of lading the declared value of the property.






SECTION 2 - LIABILITY FOR COMMODITIES OR ARTICLES SUBJECT TO EXCEPTION RATINGS
(See Note 6)

Carrier’s liability for loss, damage, or destruction to any shipment or part thereof for which the charges are determined by class exception ratings or freight of all kinds class exceptions is limited to the (1) actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the bill of lading; or, (3) applicable limited liability provisions of the NMFC; whichever is less, subject to the maximums by exception class as shown in Table 166 below, unless Excess Declared Value Coverage is requested and the additional charges are paid.





TABLE 166 – Maximum Liability per pound per package for Commodities Subject to Class Exception Ratings

CLASS

*MAXIMUM
LIABILITY

CLASS

*MAXIMUM
LIABILITY

50

$1.00

92.5

$13.00

55

$2.00

100

$15.00

60

$3.00

110

$16.00

65

$5.00

125

$17.00

70

$5.50

150

$18.00

77.5

$8.00

175

$19.00

85

$11.00

200 & up

$20.00


SECTION 3 - LIABILITY FOR ITEMS OTHER THAN NEW, INTERPLANT MOVES AND INTERNET AUCTION ITEMS

Items not manufactured or distributed by a company in its normal business operations include, but are not limited to, items such as equipment, machinery, accessories, raw materials, office equipment, electronic equipment (including computers), spare parts and supplies utilized by the company in its business operations. Commodities or articles which are in any way other than new (including, but not limited to, commodities or articles which are "used", "reconditioned", "refurbished", or "rebuilt); commodities or articles shipped as part of an Interplant Move; and commodities or articles purchased through internet auctions, whether listed on the bill of lading as such or not, will be accepted for transportation subject to the following Carrier liability limitations and conditions:












  1. Carrier's liability for loss, damage, or destruction to any shipment or part thereof is limited to the actual invoice value of the commodities or articles lost, damaged or destroyed, or $1.00 per pound per package, whichever is less, unless Excess Declared Value Coverage is requested and the additional charges are paid.



  2. Carrier's liability for loss, damage, or destruction to commodities or articles subject to liability limitations on the bill of lading or as provided in the NMFC is limited to, (1) the actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the bill of lading; (3) applicable limited liability provisions of the NMFC; or, (4) $1.00 per pound per package, whichever is less, unless Excess Declared Value Coverage is requested and the additional charges are paid.




  3. Carrier's liability for loss, damage or destruction to any shipment resulting from an internet auction sale is limited to the actual invoice value of the commodities or articles lost, damaged or destroyed, or $1.00 per pound per package, whichever is less, unless Excess Declared Value Coverage is requested and the additional charges are paid.



  4. Failure to declare a commodity as other than new, including the use of terms such as "used," "reconditioned," "refurbished" or "rebuilt;" failure to identify the shipment as part of an interplant move; or failure to identify the commodities as purchased through an internet auction will not alter the application of this item.

SECTION 4 - LIABILITY FOR SHIPMENTS PRICED BY HANDLING UNIT

Carrier's liability for loss, damage, or destruction to any shipment or part thereof that has been priced per handling unit (per piece, per pallet, per drum, etc.), is limited to the (1) actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the bill of lading; (3) applicable limited liability provisions of the NMFC; or (4) one dollar ($1.00) per pound per package; whichever is less, unless Excess Declared Value Coverage is requested and the additional charges are paid.





SECTION 5 - LIABILITY FOR SPECIFIC COMMODITIES OR ARTICLES

1.      The following list of commodities or articles are subject to the liability
           limitations and conditions shown below:


COMMODITIES OR ARTICLES

NMFC ITEMS and
SUB NUMBERS

LIABILITY PER
POUND

Furnaces, house heating, hot air

26280

$2.00

Heaters, water, NOI

26520

$2.00

Cards or tickets, paper or plastic

40750, S1

$2.00

Cards or tickets, paper or plastic

40750, S2

$3.00

Cards or tickets, paper or plastic

40750, S3

$4.00

Furniture Group

79000 - 82670

$2.00

Furniture Parts Group

82750 - 83999

$2.00

Air Coolers, Air Conditioners, or Heat Pumps

114125

$2.00

Air Handlers, Refrigeration Evaporators

114126

$2.00

Machines, Systems or Devices

116030

$5.00

Compressors, air; or Air Ends, NOI

118100

$2.00

2. Provisions Regarding Shipments of Televisions or Television Monitors:

  1. When a shipment of new televisions is properly classified, marked, labeled, packaged and tendered in accordance with the terms and conditions of a separate Agreement for Shipping and Transporting Televisions ("Television Agreement"), and the shipment is lost or damaged, Carrier’s liability shall be the lesser of the actual invoice price or $25.00 per pound for any lost or damaged television shipped.





  2. Carrier’s liability for loss or damage to refurbished or used televisions that are properly classified, marked, labeled, packaged and tendered in accordance with the terms and conditions of a Television Agreement shall be the lesser of the actual invoice price or $5.00 per pound.




  3. Where a shipment is not classified, marked, labeled or packaged correctly in accordance with the terms of a Television Agreement, and the shipment is lost or damaged, Carrier’s liability shall be the lesser of the actual invoice price or $3.00 per pound for any lost or damaged Television shipped.




  4. Shipments of Televisions will be consigned to businesses and not private residences, and no single television or television monitor will be tendered for shipment. If a single unit is tendered to Carrier or if the television(s) is consigned to a private residence, Carrier liability for loss or damage shall be the lesser of the actual invoice price or $1.00 per pound.




  5. Shipments of televisions over 24” require advanced written approval by Carrier. In the event these articles are inadvertently accepted but not approved in writing by Carrier prior to pick-up, Carrier will not be liable for delay, loss or damage. In the event Carrier has approved the transportation of these articles, Carrier’s maximum liability shall not exceed $0.10 per pound per package. In no case shall Carrier liability exceed $100,000.00 per shipment. For more information on restricted items such as televisions, see Item 780, Section 1A.








3. Provisions Regarding Shipments of Food, Food-Related Products, Medical Supplies, Drugs and Toiletries for Human or Animal Consumption or Use:

  1. Carrier shall not be liable where loss or damage is limited to the packaging, and no loss or damage to the contents of the package is evident, even if such loss or damage results in Shipper incurring a cost for repackaging and redelivery.


  2. Carrier shall not be liable for loss or damage for any concealed damages, contamination, or infestation unless Shipper can demonstrate by clear and convincing evidence that there has been actual damage, contamination or infestation and it was caused by Carrier’s negligence or willful misconduct. In such event, Carrier shall only be liable to the extent provided in this rules tariff for that portion of the shipment that suffers such actual damage, contamination or infestation, and the liability shall be limited to $3.00 per pound for the product lost or damaged. Carrier shall not be liable for loss or damage in the event of product expiration.








  3. Shipper shall incur all costs for salvage or disposal or destruction of product and packaging where, following Shipper’s internal policies and procedures, shipments shall not be salvaged even where only packaging is damaged.


  4. Where Shipper requires Carrier to dispose of or destroy a shipment, Shipper will be charged an administrative fee of $104.00 per shipment in addition to any applicable fees charged by the facility.


SECTION 6 – LIABILITY – MEXICO (See Section 2 of this Tariff).

SECTION 7 – LIABILITY – CANADA

Carrier's liability for loss, damage, or destruction to any shipment or part thereof in connection with shipments originating in the provinces of Canada is limited to the (1) actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the bill of lading; or, (3) applicable limited liability provisions of the NMFC; whichever is less, subject to a maximum liability of $2.00 (Canadian dollars) per pound based on the entire weight of the shipment. In no case shall Carrier's maximum liability exceed $20,000 (Canadian dollars) unless Excess Declared Value Coverage is requested and the additional charges paid. Commodities or articles accepted with an invoice value exceeding $2.00 (Canadian dollars) per pound without a specific request for Excess Declared Value Coverage will be considered to have been released by the shipper at a maximum of $2.00 (Canadian dollars) per pound.











SECTION 8 – LIABILITY – VOLUME RATES AND SPOT QUOTES

Carrier’s liability for loss, damage, or destruction to any shipment or part thereof in connection with volume rated shipments (i.e. linear foot rated, pup rated, or set rated shipment) or spot quotes will be governed by the terms of the quote, but in no event shall Carrier’s liability be greater than the actual invoice value of the damaged or lost commodities or articles. In cases where Carrier’s liability is not established by the terms of a volume price quote, Carrier’s liability will be limited to the (1) actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the bill of lading; or, (3) applicable limited liability provisions of the NMFC; whichever is less, subject to a maximum liability of $1.25 per pound per package. In no case shall Carriers liability exceed $10,000.00 per shipment. This section is not subject to Item 166-1.










SECTION 9 – LIABILITY – UPS FREIGHT® LTL URGENT

Urgent shipments (as defined in Item 822), moving “out-of-network”, if loss or damage occurs, Carrier’s liability for loss or damage will be $0.50 per pound per package, unless “Excess Declared Value Coverage” is specifically requested along with the amount of coverage needed in writing on the bill of lading at the time of shipment and applicable charges are paid.




Urgent shipments (as defined in item 822) moving “in-network” if loss or damage occurs, Carrier’s liability for loss or damage will be subject to the terms and conditions otherwise stated herein this item 166.



SECTION 10 – LIABILITY FOR PROTECTIVE SERVICE SHIPMENTS (SEE ALSO ITEM 810)

  1. Carrier shall have no liability for loss, damage or destruction to any shipment or part thereof for failure to provide Protective Service (Temperature Controlled or Freezable Protection), (i) if such is the result of a delay in delivery because of the need for a delivery appointment, notification prior to delivery or any other delay not attributable to the negligence on the part of the Carrier, (ii) if the shipment is refused by the consignee, (iii) if Shipper fails to indicate "TEMPERATURE CONTROLLED SERVICE REQUESTED", or "PROTECT FROM FREEZING", as applicable, on the bill of lading at the time of the shipment, (iv) if Shipper fails to comply with the applicable pick up and/or delivery process set forth in the Conditions of Service in Item 810, (including without limitation, in the case of Temperature Controlled Service, if Shipper fails to give Carrier 24 hours prior notice of the shipment or fails to arrange the transportation service through UPS Freight® LTL Urgent ), or (v) if any of the Exclusions of Service in Item 810 apply.













  2. Carrier shall have no liability for loss, damage or destruction to any shipment or part thereof for failure to provide Temperature Controlled Service, if the commodity degrades even though Carrier maintained a temperature range between 40 and 65 degrees Fahrenheit.





SECTION 11 – LOSS OR DAMAGE CLAIM FILING

  1. Carrier will investigate and dispose of cargo loss and damage claims under common carrier provisions as set forth in Title 49 CFR, Part 370 and STB NMF 100 series, Items 300100 through 300155. All claims for loss or damage to property transported by Carrier must be filed with Carrier within nine (9) months following delivery. All claims for loss in the case of non-delivery must be filed within nine (9) months following the date of the bill of lading. Failure to do so shall forever bar recovery of the claim. Any action at law with respect to such claim must be instituted against Carrier within a period of two (2) years from the date in which Carrier provided written notice disallowing all or part of the claim for which the action is sought.









  2. All claims must be accompanied by documents supporting the amount of the claim. This documentation may include original manufacturer invoices, purchase orders, statements of actual expense incurred such as invoices for repair or repackaging, or other documents verifiable to Carrier’s satisfaction.




  3. Delivery receipts without written notice of damage by the recipient are prima facie evidence that the shipment was delivered in good condition. Visible loss or damage apparent at the time of delivery should be recorded in detail on the delivery receipt.



  4. In the case of a claim for concealed loss or damage that could not have been noted at the time of receipt, the claimant must notify Carrier no later than fifteen (15) days after the delivery date. Notice of concealed damage must be confirmed in writing. Carrier may make an inspection, have its agent inspect, or waive inspection. Where Carrier waives inspection, Consignee or claimant must make the inspection and record all information available that is relevant to the concealed loss or damage claim. Where Carrier or its agent schedule an inspection, claimant must hold the shipping container, all packaging material and contents in the came conditions as they were in when damage was discovered.









  5. Where salvage value will be a substantial element of the claim it is the duty of the Consignee, Shipper or claimant to handle the freight in such a manner as to mitigate the claimed loss through repackaging, repair or salvage proceeds.



SECTION 12 – OFFSETTING OF FREIGHT CHARGES

Claims and claim amounts made against Carrier (whether filed or unfiled) may not be offset by shipper, Consignee or payor against freight charges otherwise owed to Carrier


SECTION 13 – LIABILITY LIMITS FOR DENSITY BASED RATING

Shipments moving under Item 645 will be subject to the following limits of liability for new articles. Exclusive of the limits defined below for new articles, shipments moving under Item 645 will be subject to all other liability provisions outlined Item 166.



  1. For shipments with a density of 22.5 or higher, Carrier’s liability for loss, damage or destruction to any shipment or part thereof is limited to the actual invoice value of the commodities or articles lost, damaged or destroyed or two dollars ($2.00) per pound per item, whichever is less, up to a maximum of $3,000 per incident, unless Excess Declared Value Coverage is requested and additional charges are paid as outlined in Item 166-1.
  2. For shipments with a density between 12 and 22.4, Carrier’s liability for loss, damage or destruction to any shipment or part thereof is limited to the actual invoice value of the commodities or articles lost, damaged, or destroyed or five dollars ($5.00) per pound per item, whichever is less, up to a maximum of $7,500 per incident, unless Excess Declared Value Coverage is requested and additional charges are paid as outlined in Item 166-1.
  3. For shipments with a density of 11.9 or less, Carrier’s liability for loss, damage or destruction to any shipment or part thereof is limited to the actual invoice value of the commodities or articles lost, damaged, or destroyed or eight dollars ($8.00) per pound per item, whichever is less, up to a maximum of $12,000 per incident, unless Excess Declared Value Coverage is requested and additional charges are paid as outlined in Item 166-1.

CARRIER LIABILITY NOTES

Note 1 Additional liability coverage above the maximum Carrier liability limits shown herein is available in accordance with Item 166-1.

Note 2 In no case shall Carrier’s liability for new items exceed $100,000.00 per shipment unless excess declared value coverage is requested and the additional charges are paid.



Note 3 Shipments of commodities or articles that have an invoice value exceeding the maximum liability limits outlined above will be considered shipments of "extraordinary value," and will not be accepted except under the conditions and charges as provided in Item 166-1 "Excess Declared Value Coverage." Moreover, if inadvertently accepted, such shipments will be considered released at a value not to exceed the maximum liability limitations provided herein. Commodities identified as Restricted in Item 780-1A, are subject to additional liability limitations and approval prior to acceptance of the shipment.








Note 4 Where the term "per package" is used, it shall mean the smallest identifiable unit authorized by the provisions of the individual tariffs or classification item. In the event of partial loss, damage or destruction to a shipment, the Shipper shall be entitled to a partial recovery based on the per pound per package liability limits of this Item. The amount of Shipper's maximum recovery shall be determined by dividing the weight of the particular package or packages that were lost, damaged or destroyed by the weight of the entire shipment and then multiplying that ratio by Carrier's total maximum liability for the entire shipment. For example, assuming (1) the maximum liability for a particular shipment is $25.00 per pound per package, (2) the entire shipment weighed 100 pounds, (3) the packages that were lost, damaged, or destroyed weighed a total of thirty pounds, and (4) the total invoice value of the packages was $900.00 dollars, then Shipper's total recovery would be $750.00 dollars. If the weight of the individual package or packages that were lost, damaged or destroyed cannot be determined, then the average weight per package will be used to determine the Shipper’s total recovery.















Note 5 Whenever the NMFC provides a released value rating for any commodity or article included in a shipment, such value shall be stated on the Shipping Order and bill of lading by the Shipper or Shipper's agent at time of shipment. Should Shipper or Shipper's agent fail to state the released value of such commodity or article at time of shipment or declares a value higher than the highest released value shown, the shipment will be subject to the lowest released value provided for such commodity or article in the NMFC. Excess declared value coverage in item 166-1 is not applicable for commodities or articles subject to released value ratings in the STB NMF 100 Series and where the shipment moves at a release value rate.









Note 6 Whenever a customer’s pricing program provides rates or charges based on exception class rating level, on a freight of all kinds exception class or on a stated rate or charge per handling unit (whether or not the shipment is rated as a minimum charge), and the NMFC provides released or declared value ratings for such commodity or article, the lowest released value provided for such commodity or article will apply, regardless of any notation, absence of a released notation, or higher value declaration on the bill of lading to the contrary.






Note 7 Where a commodity or article is subject to more than one liability limit shown herein, the lowest applicable liability limit shall apply.

Note 8 Whenever the NMFC provides an actual value rating for any commodity or article included in a shipment, such value shall be stated on the Shipping Order and bill of lading by the Shipper or Shipper's agent at time of shipment. Carrier’s liability shall not exceed the actual value shown on the Shipping Order and bill of lading, and shall be subject to the maximum Carrier liability limits otherwise shown in this item. Excess declared value coverage in item 166-1 is not applicable for actual value commodities or articles.






Note 9 Movement of property as part of a continuous movement that has been or will be transported by an "air carrier" is subject to a maximum liability of 50 cents per pound per package.



Note 10 Carrier liability limits shown in this rule apply even when the shipment is rated at the minimum charge. Apply the liability limit otherwise applicable to the shipment for less-than-truckload or truckload shipments.



Note 11 For shipments moving on shrink wrapped skids, and where the shrink wrap is intact on delivery, Carrier shall not be liable for individual pieces.

Note 12 Carrier shall not be liable for loss, damage or for any delay to a shipment caused by an act of God, the public enemy, the authority of law, the inherent nature or vice of the goods (including but not limited to natural shrinkage), or resulting from an act or default of the Shipper.



Note 13 Each of the Shipper, Consignee, Broker and owner of the goods shall, at its cost and expense, comply with all applicable federal, state, local and international laws, rules and regulations pertaining to its shipments, and agrees to furnish all documents necessary to comply with such laws, and shall be responsible for all costs (including Carrier accessorial charges), liabilities, delays, fines and expenses caused by, resulting from or otherwise associated with any noncompliance with any such laws, rules or regulations. Under no circumstances shall Carrier be liable for any failure to comply with any such provisions.







Note 14 If loss or damage occurs to goods in transit during the loading, handling, stowage or carriage on an ocean vessel, or during the discharge of such goods from the ocean vessel, Carrier liability shall be limited to the actual value, the liability limits shown in Sections 1-8 of this item or $500 per package, whichever is less.




Note 15 Failure of the Shipper to declare a commodity or article as "other than new" (including, but not limited to, failure to declare the commodity or article to be "used", "reconditioned", "refurbished", or "rebuilt") and/or failure to declare a commodity or article shipped as being part of an interplant move shall not alter the application of this item. Commodities or articles purchased through internet auctions will be deemed to be used unless claimant can prove otherwise.





Note 16 Carrier has identified certain commodities it is prohibited from handling, or which require operations approval prior to pickup. Liability for loss or damage of these types of commodities is limited. See Item 780 for further details.





ITEM 166-1A

EXCESS DECLARED VALUE COVERAGE

The shipper may request “Excess Declared Value Coverage” for shipments of commodities or articles that exceed the maximum liability limitations provided in Item 166 or in other tariffs or contracts making specific reference to this Item 166-1. Shipments that are inadvertently accepted that exceed these limitations, and where “Excess Declared Value Coverage” is not requested, will be considered released at a value not to exceed the maximum liability limitations shown in Item 166.






“Excess Declared Value Coverage” will be deemed to be requested when the bill of lading specifically contains a request for excess coverage including the total dollar amount of excess coverage requested. (See Examples below and Note 1)


“$20,000.00 excess declared value coverage requested”     “$20,000.00 excess liability requested”
                                          OR                                                                                     OR
“Excess declared value coverage requested: $20,000.00”     “Excess liability requested: $20,000.00”


The charge for the “Excess Declared Value Coverage” will be 3% of the amount of excess liability requested, subject to a minimum charge of $68.00 per shipment. This charge is in addition to any other freight charges accruing to the shipment, and is to be paid by the party responsible for payment of the freight charges. The fee for Excess liability coverage is not recoverable in the event of cargo claim for loss or damages.




The maximum excess declared value coverage allowed is $100,000.00 per shipment.

In no case shall Carrier’s total liability (including “Excess Declared Value Coverage”) exceed the actual invoice value of the goods shipped.

Note 1 Carrier excess declared value coverage is NOT insurance. A statement on the bill of lading to insure for a specific value or a statement of value without an express request for excess liability coverage will not increase Carrier's liability, and charges for excess liability coverage will not be assessed.



Note 2 Excess declared value coverage requested in excess of the maximums allowed will not increase Carrier's liability above the stated maximums. In the event excess liability coverage is requested for an amount greater than the maximums provided, the maximum allowable excess liability coverage shall apply.



Note 3 Excess liability coverage requested on the Canadian bill of lading will be 3% of the amount of excess liability requested stated in Canadian dollars.

Note 4 Maximum excess coverage for Item 166 SECTION 3 is $5.00 per pound per package, subject to a maximum of $5,000.00 per shipment.

Note 5 Excess liability coverage is not applicable on or available for Prohibited Articles or Restricted Articles (see Item 780), or commodities or articles where the NMFC provides actual or released value ratings. Any request for excess value coverage on such articles is null and void, and acceptance of a shipment bearing a request for excess value coverage does not constitute a waiver of any provision of this tariff as to such shipment. Commodities identified as restricted in Item 780-1A, are subject to additional liability limitations and approval prior to acceptance of the shipment.





ITEM 170

MINIMUM PAYMENT AMOUNT FOR ALLOWANCE, DISCOUNT AND INCENTIVE CHECKS

Should a participant in an allowance, discount or incentive program fail to tender or receive a sufficient volume of business to earn a payment from Carrier of $50.00 or more in a period (month, quarter or year as defined in the program), no payment will be made.



Each period will stand on its own for payment computation purposes. Business volume will not be rolled over from one period to the next in order to meet the minimum payment requirement.



Should a participant fail to meet the $50.00 minimum payment requirement for three consecutive periods the Allowance, discount or incentive program will be rendered inapplicable and will be canceled.


Should a participant become delinquent as described in Item 721, any Allowance, discount or incentive payment otherwise due pursuant to this Item will be forfeited by the participant. Carrier may reinstate the Allowance, discount or incentive solely at it’s discretion on a case-by-case basis depending on the cause of the delinquency, the duration of the delinquency and other facts at its disposal.




ITEM 171

ARTIFICIAL CONSTRUCTION OF DENSITY (BUMPING) - NON – APPLICATION
(Exception to NMFC Item 171)

The provisions of NMFC Item 171 "Bumping" will not apply.

ITEM 300

ADVANCING OR PAYING CHARGES
(Exception to NMFC Item 300)

  1. Unless otherwise instructed by the shipper or consignee, Carrier may advance or pay charges for truck entry fees, pier handling fees or for accrued lawful charges of air or water carriers. Such advancements or payments together with the charges accruing under this item will be assessed to the party paying the freight charges.




  2. The charge for this service will be 5% of the amount advanced or paid, subject to a minimum charge of $75.00 per shipment.

Note 1 Charges specified in this rule must be entered on billing in such a manner as to accurately describe their exact character.

Note 2 Provisions of this item do not include the advancing of Broker's fees or in bond shipments moving from a place in a foreign country to another place in a foreign country and transported through the United States.


ITEM 345

ARRIVAL NOTICE AND UNDELIVERED FREIGHT

SECTION 1 - ARRIVAL NOTICE

  1. Carrier will make a diligent effort to notify consignee of the arrival of a shipment at Carrier's destination service center. Regardless of the method that the notice of delivery is transmitted to the Consignee, the notice will indicate the Shipper, commodity as described on the bill of lading and shipment weight. Actual tender of delivery constitutes notice of the arrival of a shipment.




  2. If the shipment is not actually tendered for delivery, notice of arrival will be given to the Consignee not later than the next Business Day following the arrival of the shipment:


    1. The notice will be given by telephone or mail.

    2. In the case of notification by mail, the notice will be considered received by the addressee at 8:00 A.M. on the first Business Day after it was mailed. If Consignee is notified by both telephone and by mail, the earlier date of contact will determine the arrival notice date.


  3. Shipments not delivered on the next Business Day following notification will be subject to storage charges as outlined in Item 910


SECTION 2: UNDELIVERED FREIGHT


  1. If freight cannot be delivered because of the Consignee's refusal or inability to accept it, or because Carrier cannot locate the Consignee, or if freight cannot be transported because of an error or omission on the part of the Shipper, Carrier will make a diligent effort to notify the Shipper promptly that the freight is in storage and the reason thereof.




  2. Undelivered shipments will be subject to applicable storage or detention charges.

  3. On undelivered shipments, disposition instructions printed on the bill of lading, shipping order, shipping label, or container or disposition instructions issued prior to tender of delivery, will not be accepted as an authority to reship, return, or reconsign a shipment, or to limit storage liability. Carrier will follow only the Uniform Bill of Lading terms and conditions for disposition of undelivered freight, as further described in Item 910.





ITEM 360

APPLICATION OF CLASSES

(Exceptions to NMFC 100 Series items 170 and 421)

  1. To insure the correct assessment of freight charges and to avoid infractions of federal and state laws, Shippers must use proper commodity word descriptions on the bills of lading and shipping orders. Such descriptions must conform to those shown in the National Motor Freight Classification (STB NMF 100 Series).


  2. Appropriate abbreviated descriptions are permitted provided the NMFC item is used and appropriate Sub number thereof are shown. Incomplete or improper commodity descriptions accompanied by a class rating (i.e. "Class 70" or "FAK 70") are not acceptable forms of abbreviation and shall not determine the classification rating applicable to such commodity. Packaging types are required for classification rating and must be shown.




  3. If Carrier receives a bill of lading, shipping order, manifest or receipt for goods where an incomplete or improper commodity description is used or where the NMFC item number is not valid or has expired, Carrier will make every effort to classify the freight according to the information shown. In the event Carrier, in its judgment, cannot determine the proper classification rating, the shipment will be assigned a class, and rates will be assessed on the basis of the shipment density as calculated in Item 640. (See Note 1)




  4. On shipments where the commodities have been combined or attached to each other, and not specifically classified or described in this tariff or in the governing publications (see Item 115), the commodities will be charged at a rate of the highest rated article(s) of the combined unit. On a shipment subject to volume rates, the minimum weight will be the highest minimum weight provided for any article in the combination.



  5. For commodities that are subject to different class ratings dependent upon the actual density or density group, Shippers must show on the bills of lading and shipping orders the actual density or density group for the commodity shipped. If the actual density or density group is not shown and the shipment is inadvertently accepted, Carrier will assess its charges on the highest class provided for such commodity not to exceed a class 250 rating.





Note Upon submission of satisfactory documentation of the actual commodity shipped and where a proper description of articles can be determined, charges will be adjusted on the basis of the proper description, NMFC item and class. This documentation may be an invoice or packing slip along with a spec sheet or catalog page that lists the commodity description, weight and shipping dimensions; or a copy of the spec sheet or catalog page information identifying the freight that references the item indicated on the original bill of lading. A new bill of lading covering the same shipment or a copy of the original bill of lading with typed or hand-written description, weight, density or class changes is NOT acceptable documentation.







ITEM 361

BILL OF LADING, LETTER OF AUTHORITY AND FREIGHT BILL CORRECTIONS
(Exception to NMFC Item 360)

  1. Carrier’s transportation services are governed by the Uniform Straight Bill of Lading terms and conditions shown in the NMFC in effect on the date of the shipment, unless modified by the rules and charges published in this tariff, or covered in a separate agreement between the Shipper and Carrier. A bill of lading form provided by UPS Freight, either as a hard copy form or through the use of its web site resources meets the requirements of the Uniform Straight Bill of Lading for these purposes. If a Shipper elects to use a non-authorized bill of lading contract or other form of freight receipt, such non-authorized forms are not contracts of carriage and Carrier will not be subject to its terms and conditions. The terms and conditions of the Uniform Straight Bill of Lading shall apply and govern.









  2. Where a bill of lading issued by the Shipper is a non-authorized form, a driver or other carrier signature will acknowledge receipt of the freight only. Carrier driver’s signature does not constitute acceptance of any terms (including, but not limited to, notations regarding special or consequential damages) which conflict or are inconsistent with the Uniform Straight Bill of Lading terms and conditions. Continued use of unauthorized bills of lading by Shipper does not constitute an implied acceptance or ratification by Carrier.
  3. When the bill of lading does not indicate which party (Shipper, Consignee or 3rd party) is responsible for payment of the freight charges, the freight charges will be billed prepaid and freight charges assessed against the party identified as the shipper on the bill of lading, or its agent.
  4. Movement of property as part of a continuous movement that has been or will be transported by an air, ocean or rail carrier will be subject to the terms and conditions of the UPS Freight ® bill of lading together with any applicable tariffs, released rates or limits of liability. On a through bill of lading which anticipates movement by another mode of carriage, the Shipper authorizes Carrier to act as its agent to sign any additional bill of lading as Shipper's agent and Shipper will be bound by the lowest limitation of liability under the applicable bill unless the Shipper agrees in writing to seek full liability coverage and to be responsible for payment of the requisite freight charges to obtain full liability coverage. Should a connecting carrier not offer full liability coverage when requested by the Shipper in writing, Carrier shall be authorized to obtain the highest liability coverage offered by the connecting carrier and Shipper will be responsible for the applicable freight charges.
  5. Any time Carrier must issue a freight bill correction, due to no fault of Carrier, to correct any invoice, freight bill or delivery receipt which was billed correctly by Carrier in accordance with the original bill of lading, the following provisions will apply:
    1. Prior to delivery a request to change the payment terms (prepaid or collect) or to add or change a third party payor on a freight bill will be permitted upon receipt of a corrected bill of lading (“CBOL”) or letter of authority (“LOA”) with written instructions from the shipper. The fee to change a freight bill or issue a freight bill correction prior to delivery for payment terms, name or address or payor or otherwise is $29.00.






    2. After a shipment has been delivered, but prior to receipt of payment, a change in payment terms or payor will not be permitted unless written authorization is provided to Carrier by the party (Shipper, Consignee or third party) assuming responsibility for payment. Carrier reserves the right to disallow a requested change after shipment delivery if the new payor has not been extended credit, or if Section 7 of the bill of lading has been signed by the consignor, or if the shipment has been lost or damaged. The correction fee will be assessed against the Shipper unless the payor authorizes the change and agrees to pay or guarantees the payment of the fee. The fee to change a freight bill or issue a freight bill correction after delivery for payment terms, name or address of payor, or otherwise is $42.00.











    3. After payment has been received based on the original terms of the bill of lading, requests to change the party responsible for payment of the freight charges may not be allowed without Carrier’s approval. Carrier reserves the right to disallow a requested change after payment has been received if the new payor has not been extended credit. If a refund is requested, no refund shall be made until payment has been received. The correction fee will be assessed against the new payor. The fee to change a freight bill or issue a freight bill correction after payment has been received is $40.00







    4. CBOL and/or LOA will not be accepted:

      1. To change the released, declared or actual value of the commodity on the freight bill.
      2. To change the weight, commodity, cubic feet or density after freight has delivered, unless proof of weight, commodity or density can be established and accepted by Carrier as satisfactory proof. “Proof” is described as an invoice or packing slip along with a pre-printed spec sheet or catalog page, which lists the commodity description, weight and shipping dimensions. If an invoice and packing slip are not available, then a copy of the spec sheet or catalog page information identifying the freight must correspond to an order/product number, which can also be found on the original bill of lading. A new bill of lading covering the same shipment or another copy of the original bill of lading with typed or hand-written description, weight, density or class changes will NOT be accepted as proof.
      3. To change a shipper name/address or a consignee name/address after freight has delivered.

Note 1. A CBOL is a bill of lading with changes that replaces the original. An LOA is a letter or written instructions requesting changes on company letterhead and will complement a bill of lading or CBOL.


Note 2. This item is not applicable on shipments originating in Canada to the extent these provisions are inconsistent with Canadian laws.


ITEM 362-A

INSPECTION OF PROPERTY

In the event Carrier or its agent believes it is necessary that the contents of packages be inspected, it will take the action necessary to make that inspection, or require other sufficient evidence to determine the actual characteristics of the commodities. Actions to determine actual freight characteristics include inspection of packages; verification of gross shipment weights, verification of actual or declared density, or collection of other sufficient evidence necessary to verify whether the shipment is described correctly. When found incorrectly described, the bill of lading and the Carrier freight bill will be corrected and freight charges assessed according to the proper descriptions and weights.







ITEM 363

ORDER NOTIFY SHIPMENTS

Carrier does not provide order/notify service, also referred to as negotiable bill of lading. Bills of lading or shipping instructions tendered to Carrier in the form of an order/notify bill of lading will be handled as a straight bill of lading. Instructions requesting Carrier to not complete delivery of a shipment until either securing authorization for delivery from the Shipper or some other party, surrender of the bill of lading or notification by Carrier to the Shipper or some other party, shall have no effect an be void regardless of whether such instructions are contained in a straight or an order/notify bill of lading; and the Carrier shall have no liability for delivering a shipment to the Consignee listed in the bill of lading in such circumstances








ITEM 365

INSPECTION / RECLASSIFICATION

  1. All shipments handled by Carrier are subject to inspection by Carrier or governmental agencies at any time for any reason, including but not limited to, confirmation that the shipment contains the items described on the bill of lading and the shipment does not violate applicable laws, rules, regulations or tariff provisions, or for any other reason determined as necessary in Carrier’s or governmental agency’s discretion. However, Carrier is not obligated to perform any inspection and does not assert that acceptance of a shipment is proof of Shipper’s compliance with any such applicable provisions. By tendering the shipment to Carrier, Shipper, Consignee, and any interested third party consent to such inspections and agree that Carrier will not be held liable for any loss, damage, action or event arising out of such inspection, except to the extent that Carrier is negligent in performing the inspection.









  2. When an inspection by Carrier results in an increase or decrease in the net freight charges by $15.00 or more, a charge of $25.50 per shipment shall be applied. This charge shall be the responsibility of the party responsible for the payment of the freight charges and shall be in addition to all other applicable charges.


  3. The charge in this item will NOT apply if the Minimum Weight or Minimum Charge in any of the following rules is used to determine Final Charges :

    1. Capacity Load Minimum Charge
    2. Cubic Capacity and Density Minimum Charge
    3. Extreme Length / Over Dimension Minimum Charge
  4. The provisions of this item do NOT apply when the inspection of a shipment is to determine the Cube for rating offshore shipments destined to Alaska, Guam, Hawaii, Puerto Rico or the U.S. Virgin Islands.


Note When two or more shipments are tendered to Carrier from the same place during one calendar day for delivery to one place and the aggregate is equal to or exceeds 20,000 lbs. or 28 linear feet of a vehicle, they will be consolidated and considered as one shipment.


ITEM 390

CAPACITY LOAD – MINIMUM CHARGE

Any shipment tendered to Carrier that occupies the full visible capacity of a Van or doubles trailer shall be subject to the minimum charge as provided below.

  1. The provisions of this item shall have no application in any case where the otherwise applicable charge is greater than the minimum charge provided herein.

  2. The term “occupies the full visible capacity”, “loaded to capacity”, or “capacity load” refers to the extent each Van or doubles trailer is loaded and shall mean:

    1. That quantity of freight which because of unusual shape or dimensions or because of necessity for segregation from other freight requires the entire capacity of a vehicle or doubles trailer; or


    2. That quantity of freight that exceeds 25 linear feet of Van or doubles trailer or 19,999 lbs

  3. Each Van or doubles trailer loaded to capacity will be rated as a separate shipment and will be subject to the minimum charge provided below. When the charge is applicable to any vehicle or doubles trailer in the tender, the charge for that portion of the shipment loaded into the last Van or doubles trailer (not loaded to capacity) will be rated as a separate shipment.





  4. Carrier shall notate on the bill of lading, freight bill or inspection report the size of the shipment or the number of Vans or doubles trailers loaded to capacity and if any additional Vans or doubles trailers carrying less than capacity were furnished. Carrier will indicate the weight of that portion of the shipment on the Van or doubles trailer carrying less than a capacity load.




  5. On request of the Shipper, Carrier will attempt to furnish the largest capacity vehicle available. Shipper will have the right to refuse the vehicle offered, but once loading has begun, the provisions of this item shall apply.



  6. Should Carrier receive two or more shipments from one Shipper at one origin address, destined to one or more Consignees at the same delivery address, during one calendar day, that if combined would cause the “full capacity” of a Van or doubles trailer, then the aggregate shipments will be combined and considered as one shipment and will be subject to the provisions of this item.




  7. On shipments that move via two or more carriers, the minimum charge provided in this item shall be based on the vehicle or doubles trailer furnished by the originating carrier, and will apply to the continuous through movement.



The rates and/or charges shown below in Table 390A (Doubles Trailer), Table 390B (Van) apply on Interstate and Intrastate shipments between points in the Continental United States and between points in the Continental United States and Canada. Rates and/or charges in this item shall be determined as follows :



  1. First, determine the actual mileage from point of origin to point of destination by the shortest regularly traveled available highway routes using Tariff STB – HGB 105 Series (US/US) or STB – HGB 100 (US/CN) Mileage Guides (See Note 3).



  2. Using the State/Province Zone Matrix, determine the Zone number for both the Origin State and the Destination State.


  3. Refer to the applicable Table 390A (for Doubles Trailer) or Table 390B (for Van).

  4. Apply the mileage between origin and destination to either Table 390A or 390B to determine the applicable rate per mile subject to the stated minimum charge in the applicable Table.


  5. Rates and/or charges are stated in cents per mile per Doubles Trailer or Van used.

Note 1 All rates and/or charges shown herein shall be considered volume or Capacity Load.

Note 2 Except as otherwise provided, shipments are not subject to Allowances, discounts or reductions.

Note 3 When, at the request of the consignor, a longer route than the shortest available regularly traveled route is used, the actual mileage over the longer route shall apply.

Note 4 Rates and/ or charges provided for in this item apply on “Freight all Kinds” (FAK) as described in the NMFC –100 Series except will not apply on shipments of Hazardous Wastes that require or are accompanied by an Environmental Protection Agency (EPA) or state Hazardous Waste Manifest, Household Goods, Class 1.1 through 1.6 explosives, Livestock, Poultry, articles that cannot be loaded inside a vehicle or doubles trailer, articles of unusual value, commodities requiring special equipment or commodities injurious or contaminating to other freight.





STATE/PROVINCE ZONE MATRIX

UNITED STATES

CANADA

STATE

ZONE

STATE

ZONE

STATE

ZONE

STATE

ZONE

PROVINCE

ZONE

AL

5

IN

4

NC

5

RI

1

AB

14

AR

8

KS

7

ND

9

SC

5

BC

14

AZ

11

KY

4

NE

7

SD

9

MB

14

CA

13

LA

8

NH

1

TN

5

NB

15

CO

10

MA

1

NJ

2

TX

8

NF

15

CT

1

MD

3

NM

11

UT

10

NS

15

DC

3

ME

1

NV

10

VA

3

ON

15

DE

3

MI

4

NY

2

VT

1

PE

15

FL

6

MN

7

OH

4

WA

12

PQ

15

GA

5

MO

7

OK

8

WI

4

SK

14

IA

7

MS

5

OR

12

WV

3

ID

12

MT

9

PA

2

WY

9

IL

4

TABLE 390A – DOUBLES TRAILER
RATE (STATED IN CENTS) PER MILE
SUBJECT TO A MINIMUM CHARGE PER DOUBLES TRAILER OF $ 1,034.00

FROM
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1

538

263

159

121

124

150

142

149

164

146

145

144

137

158

269

2

384

388

267

168

160

176

175

172

188

163

161

156

146

175

304

3

295

342

335

192

205

213

192

187

194

166

170

159

148

183

288

4

232

250

241

304

208

205

279

226

245

192

189

174

163

210

322

5

219

224

247

192

293

267

213

236

204

175

188

165

157

187

240

6

148

137

129

114

127

338

138

159

157

174

163

139

142

153

169

7

172

168

157

172

156

171

295

233

264

211

201

183

171

200

214

8

140

133

125

118

126

153

166

268

195

190

220

172

170

176

165

9

138

131

120

125

117

133

162

153

188

206

172

226

153

211

173

10

120

109

102

105

100

120

116

127

200

274

184

224

177

212

149

11

113

104

98

91

88

108

104

123

166

187

353

193

186

181

136

12

114

108

102

101

100

114

106

111

155

142

118

302

121

236

136

13

115

109

104

104

100

115

109

127

174

228

241

241

396

203

137

14

135

129

123

124

120

134

135

137

163

156

144

230

144

N/A

N/A

15

260

247

210

216

168

175

194

176

198

167

162

157

148

N/A

N/A

TABLE 390B – VAN
RATE (STATED IN CENTS) PER MILE
SUBJECT TO A MINIMUM CHARGE PER VEHICLE OF $ 1,622.00

FROM
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

TO
ZONE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1

868

423

255

203

209

274

254

274

304

275

272

272

260

295

474

2

668

645

435

280

274

324

315

316

350

306

303

296

278

329

541

3

527

587

555

324

345

388

343

342

361

311

322

302

280

340

519

4

425

446

424

508

364

372

494

412

454

358

356

330

306

394

573

5

402

401

429

333

517

483

381

430

378

330

354

313

298

346

437

6

269

243

219

194

201

559

245

287

291

265

303

262

266

287

306

7

315

299

274

282

267

313

496

416

479

389

373

341

319

373

385

8

258

237

218

197

209

277

280

456

356

351

402

324

314

331

299

9

252

231

211

208

198

241

274

275

357

366

315

410

280

387

314

10

223

203

185

184

176

221

199

223

355

467

324

460

303

392

274

11

207

186

175

157

149

193

180

209

299

331

587

355

314

335

250

12

213

199

189

183

184

212

189

199

268

237

208

515

201

421

252

13

214

201

191

189

183

210

201

229

318

402

423

442

653

374

256

14

251

237

123

124

120

134

135

137

163

156

144

230

144

N/A

N/A

15

453

427

361

366

293

321

348

324

364

308

302

294

278

N/A

N/A

ITEM 420

APPLICATION OF RATES - “NOT TAKEN” OR “O” RATING PROVISION
ON ARTICLES SO DESIGNATED IN THE NMFC


  1. When in the NMFC an article is assigned an “O” rating it will be rated as Class 500.

  2. When in the NMFC, an article is assigned a “not taken“ provision and it is picked up inadvertently, the rating will be Class 500.



ITEM 430-A

COLLECT ON DELIVERY (COD) SHIPMENTS

Collect on Delivery (COD) Shipments will be accepted subject to the following provisions and charges:

SECTION 1: Shipment Tendered to Carrier

  1. In connection with any COD shipment, the letters "COD" must be stamped, typed or written on the bill of lading immediately before the name of the consignee; or "COD" in red letters at least one inch in height must be stamped or printed across the face of the bill of lading.



  2. Only one COD amount may be shown and may not be subject to change dependent upon time or conditions of payment.


  3. The name and street address of Shipper and Consignee must be conspicuously shown on the bill of lading.


  4. Each package must be plainly marked, labeled or tagged by shipper showing the letters COD, and the name and address of shipper and consignee in accordance with Item 580 of the NMFC.


  5. If shipper desires to forward invoice or collection papers, they must be securely attached to the shipping order copy of the bill of lading and the shipping order must show the following information: "Attached invoice (or invoices) to accompany shipment to destination."



  6. The shipper name and address must show conspicuously on the bill of lading as the remit to address (see example below). The failure of shipper to properly document the request for COD as required under this Section 1 shall, in Carriers sole discretion, release Carrier of any liability for the failure to collect the COD amount.



Collect on Delivery $_____and remit to: Shipper Name, Street, City, State, zip

COD charge to be paid by:     Shipper ( ) Consignee ( )

Changes Initiated by Shipper:

  1. Carrier will accept only written instructions from the Shipper to return the shipment or to change the bill of lading provisions on COD shipments as long as all charges accrued under this item have been prepaid or guaranteed by the Shipper.



  2. Carrier will change the form of payment from the original instructions to another payment instrument (including Consignee’s personal check) only upon written instruction from shipper, subject to an additional charge of $71.00 per shipment. If the request is received after the shipment has been tendered for delivery and refused by Consignee, the shipment will also be assessed the applicable redelivery charge as provided in Item 830.





  3. Carrier does not obligate itself to effect such changes but upon request, a reasonable effort will be made to do so.


Limitations of COD Shipments accepted by Carrier:

  1. COD shipments will not be accepted for transportation subject to inspection or trial by Consignee or when bearing instructions to make partial delivery. If, for any reason, COD payment is refused by the Consignee, Carrier is responsible for the disposition of the shipment only in accordance with the bill of lading contract and will not be responsible to seek or remit the COD amount to the Shipper or owner of goods.




  2. Intoxicating beverages may be handled COD only under the provisions provided by state laws of the state in which the point of destination is located (See Section 389 of Title 18 of the United States Code annotated).



  3. COD shipments will not be accepted when billed to one firm or person, with instructions to collect charges from another firm or person.


  4. COD packages will not be accepted on the same bill of lading with packages other than COD and only packages covered by one COD bill may be entered on one bill of lading.


  5. COD shipments of explosives designated as Hazard Class 1.1 through 1.6 as referenced by the US Department of Transportation will not be accepted.


  6. COD shipments will not be accepted if the delivery address is outside the United States, Canada or Puerto Rico.


  7. COD shipments will not be accepted if the COD amount is $90,000 or greater.

SECTION 2: COD Fee

  1. The fee for collecting and remitting each COD bill will be 6% of the COD amount, subject to a minimum charge of $98.00 per shipment. This charge includes notification service prior to delivery. The maximum fee for a COD shipment is $5,400.00.



  2. The COD fee will be collected at the time such shipments are delivered to the Consignee unless prepaid by the Shipper, providing notation to that effect is made by the Shipper on the bill of lading or shipping order.


  3. Collection or remitting charges for freight or other lawful charges due Carrier shall be paid to Carrier and must not be included in the payment instrument made payable to the Shipper.



SECTION 3: Collection of COD Amounts

  1. COD Amounts due upon delivery and not prepaid by the Shipper will be collected from the Consignee. Collection fees and charges for freight or other lawful charges due Carrier shall be paid to Carrier and must not be included in the payment instrument made payable to the Shipper.



  2. If Shipper fails to specify an acceptable form of payment on the bill of lading, Carrier is specifically authorized to accept personal and company checks, official checks (by any term used by the institution), money order or similar instrument issued by or on behalf of the Consignee. Cash will not be accepted.




  3. Where Shipper requests “certified funds,“ Carrier will accept only an official check or money order. Cash will not be accepted.


  4. Notwithstanding the foregoing, Carrier shall have no liability whatsoever for failure to collect the specified form of payment.


  5. All checks in payment of COD packages must be made payable to the Shipper or Shipper’s designee. If checks are made payable to Carrier, the payment will be rejected and the shipment will remain undelivered. Redelivery charges (see Item 830) will apply.




  6. All checks (including cashier’s, certified, business and personal) and money orders are accepted at Shipper’s sole risk; including, but not limited to the risk of non-payment, fraud, misrepresentation, forgery and counterfeiting; and Carrier shall not be liable upon any such instrument. Endorsing or depositing of the payment instrument by the Shipper or payee signifies acceptance of the payment instrument and ends Carrier’s liability. Carrier shall not be liable for the collection of the COD amount whenever any of the following conditions apply:







    1. Shipper fails to mark the bill of lading, shipping order and packages in compliance with Section 1 of this item; or

    2. Carrier inadvertently fails to collect the proper COD amount and the Shipper files no claim for the same within 30 days of the shipment’s delivery.

    3. Non collectability of funds as a result of a stop payment order, insufficient funds, invalid signature, uncollected funds, forgery, fraudulent or counterfeit instruments, or any other reason beyond Carrier’s normal exercise of due care in collecting and forwarding the COD amounts.


SECTION 4: Remittance of COD Amounts

  1. COD collection will be forwarded directly to the Shipper or other person designated by the Shipper as payee, within 30 days after delivery of the COD shipment to the Consignee. Carrier will not be responsible for loss or misdelivery by the postal service.



  2. If the COD shipment moved in interline service the delivering Carrier will, at the time of remittance of the COD collection to the shipper or payee, notify the originating Carrier of such remittance.


  3. Performance of the COD service will not constitute Carrier as the Shipper’s agent for any purpose, including but not limited to, completion of the sale of the goods by the Shipper to the recipient.



  4. In the event that Carrier or its authorized interline Carrier fail to collect the COD amount, Carrier and/or its authorized interline Carrier will only be responsible for the COD amount and will not be subject to any late fee, interest charge, service charge, loss of business liability or consequential damages of any kind.



ITEM 435

COLLECTION OF CHARGES – THIRD PARTY

  1. The Shipper is responsible to show the name and address of the Third Party or Bill to Party on the bill of lading at time of shipment.


  2. A shipment on which the charges are to be paid by a Third Party must be prepaid and will only be accepted if the Shipper has established credit with Carrier and guarantees to pay the charges if the Third Party fails to do so. Such shipment will NOT be accepted if the Shipper executes Section 7 of the bill of lading, or if the shipment is marked collect. If the shipment is inadvertently accepted, the signing of Section 7 will NOT be applicable and the Shipper will remain liable for all freight charges.





  3. A shipment on which the invoice is to be sent and paid by a Bill to Party, payment terms will be changed from prepaid to collect or from collect to prepaid, as necessary, to ensure that the shipment is Prepaid, if the consignor and Bill to Party are affiliated, or Collect, if the Consignee and Bill to Party are affiliated.


ITEM 465

CARRIERS, CONTAINERS, PALLETS, SKIDS

  1. When shipments are tendered to Carrier and transported in or on shipping carriers, containers, pallets, platforms, racks, reels or skids, they constitute an integral part of the shipment, are to be charged at the rate applicable for the commodity they carry, and are to be delivered to and receipted for by the Consignee(s) named on the bill of lading covering the loaded movement.




  2. Application for mixed shipments will be governed by STB NMF 100 Series item 640, except Sec. 3(b) (3) shall read, The weight of pallets, platforms, racks, skids, unitizing materials or packaging devices as required by Paragraph 3(b) (5) must be shown on the shipping order and the bill of lading and will be charged at the lowest class applicable to any article or articles in the shipment. Where rating based solely on density is applicable, the weight and dimensions of pallets, platforms, racks, skids, unitizing materials or packaging devices as required by Paragraph 3(b) (5) must be shown on the shipping order and the bill of lading and will be included in the calculation of the shipment density for rating purposes.







  3. Unless written agreements have been made with the Shipper, any request or provision noted on the bill of lading or shipping order at the time of movement requesting the return of these shipping devices, forms or packages will not be binding upon Carrier to accomplish or comply with such request or provision to complete the contract of carriage on the shipment.





ITEM 466

APPLICATION OF RATES - PALLETS

When governed by this tariff, any tariff, contract, customer specific pricing agreement or statement of agreed pricing that provides rates/charges stated in units of “Per Pallet” subject to a maximum weight per pallet, the following will apply. If the total shipment weight exceeds the maximum stated weight per pallet, multiplied by the number of pallets:





  1. Divide the total shipment weight by the stated maximum weight per pallet

  2. Round all fractions up to the next whole number

  3. Use this number so calculated to determine the number of pallets to be charged for at the stated rate per pallet

Example: Stated maximum weight per pallet equals 2,400 pounds. Shipment consists of 3 pallets with total weight of 8,000 pounds. Divide 8,000 pounds by the 2,400 pound stated maximum = 3.3. Round 3.3 to 4 pallets. Charge to be computed at the applicable rate per pallet for 4 pallets.





ITEM 470

MAXIMUM CHARGES AND EXCLUSIVE USE

SECTION 1: MAXIMUM CHARGES ( See Notes 1 & 4 )

Rates and/or charges shown below apply per Vehicle used and shall be the Maximum linehaul charges Carrier will charge for its transportation services.


SECTION 2: EXCLUSIVE USE (See Notes 1 through 6)

  1. Except as otherwise provided, no shipment is entitled to the exclusive use of the Vehicle in which it is to be transported. Carrier has control of the Vehicle and the unrestricted right to :



    1. Select the Van or doubles trailer for the transportation of a shipment

    2. Transfer the shipment to another vehicle

    3. To load other freight in the same vehicle

    4. Remove lock(s) and/or seal(s) applied to the vehicle


  2. When consignor or Consignee requests a vehicle be devoted exclusively to a shipment such requests must be given in writing or placed on the bill of lading and shipping order. The Van or doubles trailer will be devoted exclusively to the transportation of the shipment, without breaking of locks or seal(s) and will be subject to the charges shown below.





SECTION 3: CHARGES

  1. Maximum shipment Rates and/or charges shown below are stated in cents per mile per (Doubles Trailer) or (Van) used and shall be the Maximum amount Carrier will charge for linehaul and exclusive use services.



  2. Maximum shipment Rates and/or charges shown below for (Doubles Trailer) and (Van) apply on Interstate and Intrastate shipments between points in the Continental United States and between points in the Continental United States and Canada.



  3. Rates and/or Charges in this item shall be determined as follows :

    1. First, determine the actual mileage from point of origin to point of destination by the shortest regularly traveled available highway routes using Tariff STB – HGB 105 Series (US/US) or STB - HGB 100 (US/CN) Mileage Guides.



    2. Using the State/Province Zone Matrix, determine the Zone number for both the Origin State and the Destination State.


    3. Refer to the applicable Table 470-A (for Doubles Trailer) or Table 470-B (for Van).

    4. Apply the mileage between origin and destination to either Table 470-A or Table 470-B to determine the applicable rate per mile subject to the stated minimum charge in the applicable Table.


Note 1 When the bill of lading and/or shipping instructions prohibit the breaking of lock(s) or the co-loading of additional freight, such instructions shall be considered as a written request for exclusive use service and the shipment will be handled under of this Item. In the event a lock or seal has been inadvertently removed from a vehicle, or doubles trailer, Carrier will immediately re-lock or re-seal the vehicle or doubles trailer and will notate the accompanying paper with the new seal number and appropriate reasons why it was applied.






Note 2 When the request for exclusive use of vehicle is made by the consignor or Consignee after the shipment has been picked up, Carrier will, if possible, intercept the shipment and convert it to exclusive use service over as much of the route as possible. The party making the request must confirm in writing and must guarantee charges. This written verification will be preserved by Carrier and considered part of the bill of lading contract. Charges will be assessed as provided below between the point of origin and point of destination.






Note 3 Shipments moving under the provisions of this item will be considered Volume or Capacity Load and shall not be subject to Allowances, discounts or reductions. Rates and charges offered by Carrier under a spot quote will take precedence over the charges included in this item.



Note 4 Stop off for partial loading or partial unloading will not be permitted on exclusive use of shipment.

Note 5 All charges are to be paid or guaranteed by the party requesting the service and the Section 7 non-recourse stipulation on the bill of lading may not be executed. If Carrier inadvertently accepts a shipment with the Section 7 signed it shall be deemed null and void.



STATE/PROVINCE ZONE MATRIX

UNITED STATES:

CANADA:

STATE

ZONE

STATE

ZONE

STATE

ZONE

STATE

ZONE

PROVINCE

ZONE

AL

5

IN

4

NC

5

RI

1

AB

14

AR

8

KS

7

ND

9

SC

5

BC

14

AZ

11

KY

4

NE

7

SD

9

MB

14

CA

13

LA

8

NH

1

TN

5

NB

15

CO

10

MA

1

NJ

2

TX

8

NF

15

CT

1

MD

3

NM

11

UT

10

NS

15

DC

3

ME

1

NV

10

VA

3

ON

15

DE

3

MI

4

NY

2

VT

1

PE

15

FL

6

MN

7

OH

4

WA

12

PQ

15

GA

5

MO

7

OK

8

WI

4

SK

14

IA

7

MS

5

OR

12

WV

3

ID

12

MT

9

PA

2

WY

9

IL

4


TABLE 470A – DOUBLES TRAILER
RATE (STATED IN CENTS) PER MILE
SUBJECT TO A MINIMUM CHARGE PER DOUBLES TRAILER OF $ 1,481.00






From
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1

730

357

216

166

167

204

192

203

222

199

195

194

186

214

367

2

522

526

362

228

216

240

239

233

255

221

218

212

199

239

412

3

401

466

455

261

279

288

261

255

264

224

232

216

200

247

393

4

315

339

327

412

283

274

379

306

334

262

258

238

221

286

432

5

298

304

336

261

421

362

289

321

276

239

256

224

213

251

326

6

201

187

175

155

172

462

188

216

213

193

220

188

192

209

230

7

235

228

212

235

211

232

400

317

359

287

272

246

232

272

291

8

191

180

169

161

171

208

224

364

266

259

299

235

230

241

223

9

187

176

163

169

155

181

219

209

268

279

235

306

209

286

236

10

164

151

139

143

137

164

158

172

272

371

250

345

242

288

203

11

152

140

133

124

118

145

142

167

224

255

479

262

252

245

185

12

155

146

139

138

137

155

144

150

210

192

162

410

166

319

185

13

156

147

140

142

136

156

151

172

237

310

327

327

538

275

187

14

184

175

166

168

164

182

184

187

220

211

194

312

194

N/A

N/A

15

352

336

285

293

229

239

264

240

268

227

219

213

201

N/A

N/A

 

TABLE 470B – VAN
RATE (STATED IN CENTS) PER MILE
SUBJECT TO A MINIMUM CHARGE PER VEHICLE OF $ 1,834.00



From
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

To
Zone

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1

1178

573

345

275

283

371

342

371

412

373

370

370

353

400

643

2

905

876

592

380

371

438

427

430

474

414

411

402

377

447

733

3

716

798

753

440

468

526

467

466

491

421

436

409

379

462

704

4

577

604

574

691

494

504

671

560

617

485

483

448

416

533

777

5

533

533

583

451

701

657

519

583

513

447

481

425

404

470

594

6

366

330

296

263

272

758

333

389

395

360

414

355

361

390

417

7

428

406

372

382

362

425

673

565

650

528

506

464

433

506

522

8

350

322

296

267

283

375

379

619

483

475

546

440

426

449

405

9

341

314

286

282

268

327

371

375

484

498

428

556

588

525

426

10

303

276

250

248

240

301

269

303

481

633

440

624

411

531

372

11

280

252

238

213

204

263

242

284

405

449

798

482

426

454

339

12

288

269

257

248

248

288

258

269

363

322

282

698

275

572

339

13

292

275

259

257

247

289

274

310

432

546

574

598

885

507

348

14

339

321

302

300

295

336

330

339

397

377

353

555

346

N/A

N/A

15

615

578

490

496

398

434

471

438

494

419

409

399

377

N/A

N/A

ITEM 475

COLLECTION OF CHARGES - CURRENCY EXCHANGE RATE

Exchange rates will be applied by Carrier based on the most recent update of the previous week ending posting by the Federal Reserve (www.federalreserve.gov/releases/h10/Current) on the pickup date of the shipment.




ITEM 480

CUSTOMS - IN BOND FREIGHT

  1. Shipments moving under United States Customs Bond for U.S. Customs clearance at a point in the United States will be assessed a charge of:

    $4.60 per cwt
    $99.00 minimum charge per shipment
    $431.00 maximum charge per shipment

    Such charges will be in addition to all other applicable charges. On shipments requiring the use or more than one trailer, each trailer will be considered as a separate shipment for the purpose of applying the provisions of this rule.

  2. Line haul charges on shipments requiring U.S. Customs clearance at a point other than the final destination will be assessed on the basis of rates and charges applicable from the point of origin to the point of U.S. Customs clearance, plus the rates and charges applicable from the point of U.S. Customs clearance to the final destination, except no beyond line haul charges will apply when the final destination is delivered by the same service center as the service center performing the U.S. Customs clearance as provided in Carrier’s Service Guide. These shipments will be rated from point of origin to point of final destination.






  3. Freight moving in bond may not be included in the same shipment on the same bill of lading and shipping order with freight not moving in bond. Shipments moving under United States Customs Bond will not be allowed stop off, split pickup or split delivery privileges.



  4. For the purpose of applying storage rules and charges in connection with shipments moving under U.S. Customs Bond, notification to the Deputy Collector of Customs that a shipment is available for customs inspection will constitute tender of shipment for delivery.



  5. Each I.T. Permit (Immediate Transportation Permit) issued for movement of an in bond shipment will be considered as a separate shipment, and must be accompanied by one bill of lading and shipping order. The provisions of this paragraph will not apply on TL shipments moving in bond between steamship company piers or wharves or when such shipments are delivered to a U.S. Customs Bonded Warehouse.




  6. Shipments tendered in a trailer sealed by or at the instructions of the Shipper or as required by U.S. Customs, will be subject to the provisions of item 470 section 2.


  7. Shipments moving from the United States under a TIR carnet issued by the originating carrier are subject to a charge of $198.00 which will be in addition to all other lawfully applicable rates and charges (including the in bond charges herein applicable).



  8. When Carrier is required to pickup shipping documents or U.S. Customs Release Forms from a forwarder or Broker for validation prior to pickup of a shipment, a charge of $64.00 per shipment will apply, subject to a maximum charge of $327.00 for each pickup of such shipping documents or U.S. Customs Release Forms.



  9. When necessary for Carrier to purchase and apply "high security red in-bond seal(s)" for shipments moving under United States Customs Bond a charge of $76.00 per seal will be assessed in additional to all other applicable charges. Carrier will not be responsible for equipment or tools necessary for removal of the high security red in bond seal(s).




  10. Shipments moving under United States Customs Bond will not be allowed stop off, split pickup, or split delivery privileges.


Note This rule will not apply on export, import, coastwise or intra-coastal shipments in trailers and/or containers not owned by Carrier, received from or delivered to water carriers and transported thereon.


ITEM 485

CUSTOMS - INLAND IN BOND FEES

All shipments destined to Canada that fail to clear Customs at the border, through no fault of Carrier, may be assessed one or more of the following charges:

SECTION 1: IN BOND FEE

  1. All shipments destined to Canada that fail to clear Customs at the border and must be held in a Customs Bonded Warehouse until cleared by Customs, will be assessed a charge of $36.50.

  2. In Bond fees incurred as a result of a customs delay will be billed to the Importer of Record for the shipment.

SECTION 2: CUSTOMS EXAM FEE

  1. All shipments called for inspection by the Canada Border Services Agency (CBSA) or other government department (OGD) will be assessed a $52.00 handling fee in addition to other charges that may be assessed the Carrier by the SufferanceWarehouse inspection site.


  2. Handling fees and Sufferance Warehouse fees arising from a CBSA or OGD inspection will be billed to the Importer of Record for the shipment.

SECTION 3: STORAGE FEE

  1. All shipments held in a Customs Bonded Warehouse pending release from customs will be assessed a $63.00 per day storage. Storage fees will begin to accrue at 7:00 AM on the 4th working day following notification to the Importer of Record that the shipment is being held pending clearance by customs.


  2. Storage charges will end when Carrier is able to deliver or transport the shipment as a result of action by the Shipper, Consignee, owner or customs official.

  3. Freight stored at a Customs Bonded Warehouse will be transferred by Carrier, at Shipper expense, for safekeeping after 40 days. Freight not cleared by customs after an additional 30 days will be forfeited to the Canadian federal government for disposal and additional cost may be incurred.


  4. All storage fees will be billed to the Importer of Record for the shipment.

  5. Shipments subject to this item will be exempt from the provisions of Item 910.

ITEM 486

BORDER PROCESSING FEE

The following border processing fee will apply on all cross-border shipments between Canada and the United States. This fee will be billed to and payable by the party responsible for the line haul freight charges and will be in additional to all other applicable charges.

$29.00 per shipment

ITEM 487

CUSTOMS - INSPECTION BORDER UNLOAD FEE

On cross-border shipments between Canada and the United States where Customs requires a trailer unload at the border for physical inspection of a shipment, through no fault of Carrier, and such inspection delays Carrier, a charge of $129.50 per shipment inspected, in addition to any charge(s) to Carrier for the off load inspection, will apply. The Importer of Record for the shipment will be responsible for the charges in this item. If Customs requires that more than one shipment on a vehicle be unloaded, the total charges for the Customs inspection will be prorated equally among the shipments required to be unloaded and inspected by Customs.





ITEM 500

DETENTION OF VEHICLE - WITH POWER

  1. When Carrier’s vehicle(s) are delayed by Shipper or Consignee for loading or unloading on or near the premises of Shipper or Consignee, Detention charges shall begin upon expiration of the applicable free time allowed, and will end when the vehicle(s) are loaded or unloaded and is available for movement.



  2. When the loading or unloading is delayed beyond the free time shown below, a charge of $51.00 per vehicle for each 15 minutes or fraction thereof shall be made for the time consumed for the delay subject to a minimum charge of $92.00.



a. Free time for loading or unloading shall be determined as follows:

When actual weight is

Free Time will be

Less than 2,500 lbs

30 Minutes

2,500 but less than 5,000 lbs

60 Minutes

5,000 but less than 7,500 lbs

90 Minutes

7,500 but less than 10,000 lbs

120 Minutes

10,000 but less than 20,000 lbs

180 Minutes

More than 20,000 lbs

240 Minutes

b. When at least 90% of the shipment weight is on pallets, free time shall be reduced by 50%.

c. When multiple shipments are received from one Consignor or delivered to one consignee at one time in one vehicle free time shall be computed on the aggregate weight received or delivered.

d. The provisions and charges applies to equipment owned by steamship lines, railroads or third party leasing companies

  1. Computation of free time shall begin upon notification by the driver to the responsible representative of the Shipper or Consignee of the arrival of the vehicle for loading or unloading. Time shall end upon completion of loading or unloading and receipt by the driver of a signed bill of lading or receipt for delivery.



  2. Unless the Shipper or Consignee stamps or marks the delivery receipt with time of arrival and departure, Carrier’s records shall be used to determine free time.


  3. When through no fault of Carrier, the loading or unloading of a vehicle with power cannot be completed at the end of a normal Business Day the Shipper or Consignee may use one of the following options:


a. Request that the vehicle without power remain at its premises. However, free time shall cease immediately at the time request is made and detention charges for vehicle without power shall apply.


b. Request that the vehicle with power be returned to Carrier's premises. At that time, computation of any remaining free time shall cease. That portion of the shipment in Carrier's possession shall be subject to storage charges. When the vehicle is returned to the premises of the Shipper or Consignee computation of any remaining free time shall resume. That portion of a shipment that is redelivered shall be subject to redelivery charges.





  1. The amounts due Carrier under the provisions of this item shall be assessed against the Shipper in the case of loading, and against the Consignee in the case of unloading, irrespective of whether the line haul charges are prepaid or collect.





ITEM 501

DETENTION OF VEHICLE - WITHOUT POWER

  1. Subject to the availability of equipment, Carrier will spot empty or loaded vehicle(s) for loading or unloading on the premises of Shipper, Consignee, or on other premises designated by them, or as close thereto as conditions will permit. Shipper, Consignee or the party designated by them, receiving a spotted trailer may move the trailer with its own power units at its own expense and shall be liable if the trailer is lost, stolen or damaged while in their custody and control.





  2. Loading or unloading will be performed by Shipper, Consignee or other party designated by them. When Carrier’s employee assists in loading, unloading, or checking the freight, the detention provisions governing vehicles with power (see item 500) will apply. In the case of spotting for loading, the bill of lading must show “Shipper Load and Count.” Carrier shall not be responsible for any claims arising from exceptions (over, short or damaged freight) noted at Carrier’s first physical check of the shipment.





  3. Vehicle(s) spotted for loading or unloading will be allowed 24 consecutive hours of free time for loading or unloading, excluding non-Business Days.


  4. Free time shall begin when Carrier notifies Shipper or Consignee that the vehicle(s) is available for loading or unloading..


  5. After the expiration of free time as provided above, charges for detaining vehicle(s) will be assessed against Shipper in the case of spotting for loading and against Consignee in the case of spotting for unloading regardless of whether transportation charges are prepaid or collect . The charges shall be assessed as follows:




$141.00 per vehicle for each 24 hour period or fraction thereof, excluding non-Business Days.

  1. Shipper, Consignee or other party designated by them shall notify Carrier when loading or unloading has been completed and the vehicle(s) is available for pickup. The vehicle will be deemed to be spotted and detention charges will accrue until such time as Carrier receives notification.



  2. Nothing in this item shall require Carrier to pickup or deliver spotted vehicle(s) at hours other than Carrier’s normal Business Hours. This shall not be construed as a restriction on Carrier’s ability to pickup or deliver spotted vehicle(s) at hours other than normal Business Hours.



  3. Detention charges due Carrier will be assessed against the Shipper in the case of spotting for loading and against the Consignee in the case of spotting for unloading irrespective of whether freight charges are prepaid or collect.



  4. Carrier responsibility for safeguarding shipments shall begin when Carrier takes possession of the vehicle(s) loaded by Shipper. Carrier responsibility for safeguarding shipments will end when Carrier spots vehicle(s) for unloading by Consignee, as the case may be.



  5. When a spotted vehicle is changed to a vehicle with power at the request of Shipper, Consignee, or other party designated by them, the free time and detention charges will be applied as follows :


a. If the change is requested and made before the expiration of free time for a spotted vehicle, free time will cease immediately at the time the request is made, and detention charges for vehicles with power will immediately commence with no further free time allowed.



b. If the change is requested and made after the expiration of free time for a spotted vehicle, free time and detention charges will be computed on the basis of a spotted vehicle up to the time the change was requested. In addition, thereto, the vehicle will immediately be charged detention for a vehicle with power with no further free time allowed.






ITEM 510

DISTANCES -- EXCEPTIONS TO METHOD OF DETERMINING IN MILEAGE

  1. Unless otherwise indicated in the pricing or contract documents, distances shall be computed by use of Tariff STB HGB 100 series (Mileage Guide).


  2. If the Shipper or Consignee requests transportation of the shipment over a particular route longer than the shortest route, the mileage over the longer route will be used.


  3. If operation over the shortest or specified route is not feasible because of operating hazards, load limitations of the highway or bridges, underpasses or other highway limitations, the mileage computed over the actual route of movement of the shipment will apply.



  4. When shipments move under special permits, as required by or obtained from a municipal, state or federal regulatory body or commission, which specify the route to be traveled, the mileage to be used will be the mileage via the route specified in the special permit.




ITEM 555

PART LOTS OF SHIPMENTS HELD AT PORTS OF IMPORT BY CUSTOM HOUSE AUTHORITIES

  1. A part of a shipment held out by the United States Government authorities at port of import for appraisement or other action by them, when forwarded, will be billed as a part lot of the original shipment and full reference to the original billing shall be shown on the part lot billing.



  2. Such freight will be rated as a part of the original shipment and not as a separate LTL shipment. The rate on this part of the shipment does not include pickup service provided for in Item 750.


  3. If such part lot shipment is brought to Carrier’s dock by another carrier, the actual cost of such movement, if paid by Carrier, will be added to the freight bill. If such part lot shipment is picked up by Carrier, a charge of $4.95 per 100 pounds, subject to a minimum charge of $28.50 per shipment, will be assessed and such charge will be in addition to the linehaul charge.





ITEM 556

PICKUP AND DELIVERY - PORT

1. Shipments picked up at or delivered to U.S. Ports will be subject to an additional pickup or delivery charge of $11.00 per 100 pounds, subject to a minimum charge of $104.00 per shipment.

2. When it becomes necessary for Carrier, at its sole option to obtain a chassis for the movement of a water or rail container at a location site other than at the place where the container is located, a charge of $237.00 will be assessed for each chassis obtained. This charge will be in addition to all other applicable charges incidental to the movement of containers.



3. When Carrier is requested to pick up and LTL shipment at a port location and dispatches a vehicle for that purpose and, due to no fault or negligence on the Carrier’s part, pickup cannot be completed or the shipment is not available for pickup, a charge of $147.00 will be assessed against the party requesting the pickup or the payor of the freight charges.



Note: Rates and charges do not include tollage, usage fees, loading, unloading charges, or any other port terminal charges at piers, wharves, dockside terminals or warehouses. Such charges will accrue and are due from consignor, Consignee or payor of the freight charges.





ITEM 560

EXTRA LABOR

  1. When consignor or Consignee requests extra labor be furnished for loading, unloading, blocking or bracing, during regular Business Hours and Business Days, and labor is available, the following charges shall apply:

$127.00 per labor hour or a fraction thereof, subject to a minimum charge of $334.00 per person per day.

  1. The Extra Labor charges shall be in addition to all other freight charges and shall be assessed against the party requesting the service.


  2. Time will be computed by Carrier from the time the extra labor arrives at the place of pickup or delivery until loading or unloading is completed.

Note The provisions of this item are not applicable on Saturdays, Sundays, Holidays or Non-Business Hours, (See Item 754).

ITEM 562

FRACTIONS

Except as otherwise specifically provided in applying the provisions of this tariff or tariffs, contracts, customer specific pricing agreements or statements of agreed pricing governed by this tariff, fractions will be disposed of by rounding to the next cent as follows:

If less than .5 reduce to next lower cent. If .5 or more increase to next higher cent

ITEM 565

HAZARDOUS MATERIALS

Carrier may accept shipments of hazardous materials or hazardous substances subject to Carrier’s restrictions noted in Item 780 and all requirements of the U.S. Department of Transportation and the Environmental Protection Agency governing transportation of such commodities. Shipper shall comply with all governmental requirements including but not limited to any special labeling, packaging requirements and bills of lading descriptions. When tendered by Shipper and accepted by Carrier, such shipments shall also be subject to the following provisions:




Applicable Commodities under this rule – Any shipment containing commodities that are classified as hazardous by the Department of Transportation as published in the Code of Federal Regulations (CFR), Title 49.

Per Shipment Charge: $26.00

Note 1 In addition to the per shipment charge, if Carrier must move shipment over a circuitous route due to local, state, or federal highway restrictions, Carrier will prepare a designated route plan over the most practical and approved route for movement of such commodities. If the total distance from the initial origin to the final destination via the designated route of movement exceeds 115% of the mileage over the normal route of movement, all distance in excess of 115% will be charged for at the rate of $7.50 per mile.





Note 2 If Carrier must purchase special permits for transportation movement, Carrier will purchase such permits and collect the purchase price plus a service fee of $23.20 for each permit purchased.

Note 3 Any fines or penalties imposed on Carrier as a result of Shipper’s failure to meet regulatory requirements will be charged back to Shipper.

Note 4 The per shipment charge accruing under this item will be collected from the party responsible for payment of the line haul freight charges.

Note 5 Nothing in this rule shall obligate Carrier to handle any commodity not packaged properly for transportation or from transporting shipments beyond the scope of Carrier’s operating certificates. Neither shipments of hazardous waste (defined by CFR 49 section 171.3) nor shipments of radioactive materials (except in limited quantities of class 7 materials described under section CFR 49 sections 173.422 and 173.424) will be accepted for transportation.




Note 6 Carrier guaranteed service programs are not applicable in connection with shipments of hazardous materials unless specifically pre-approved by Carrier before shipment.

Note 7 Any bill of lading notation limiting full access to a vehicle or any delays caused by a regulatory agency (or any party to the transportation), will be subject to exclusive use of vehicle and/or storage charges found in Items 470 and 910 herein.


Note 8 If the shipment is refused by the Consignee or, for any other reason not the fault of Carrier, cannot be delivered to the Consignee, Carrier will provide notice to the Shipper that the freight is undelivered and subject to storage charges (see item 910). If, within 10 days of such notice, Shipper does not provide written disposition instructions to Carrier, Carrier, at its sole discretion, shall be entitled to dispose of the shipment. Shipper shall be responsible for all disposal costs and for all storage charges up to the time of disposal or other disposition of the shipment.






ITEM 566

PICK UP OR DELIVERY - HANDLING FREIGHT NOT ADJACENT TO VEHICLE (INCLUDING INSIDE PICK-UP OR DELIVERY)

  1. When requested by Shipper or Consignee and operating conditions permit, Carrier may move shipments or portions of shipments from or to positions beyond the immediate adjacent loading or unloading positions defined in Item 750 (Pickup or Delivery Service).



  2. Service under this item will be provided to floors above or below the level accessible to Carrier's vehicle when elevator or escalator service is available and labor, when necessary to operate it, is provided without cost to Carrier. If elevator or escalator service is not available, the charges shown below labeled as (stairs) apply.




  3. Except as provided below, service under this item will be assessed a charge of $10.30 per 100 pounds (stairs, $12.25 per 100 pounds), subject to a minimum charge of $107.50 (stairs, $127.00) and a maximum charge of $1,093.00 (stairs, no maximum) per shipment. When shipments are accorded split pickup, split delivery or stopped in transit for partial loading or unloading, the minimum and maximum charges will apply to each stop separately wherever the service is performed.





  4. When this service is performed at New York ZIP Codes 10001-10099 and 10101-10292, a charge of $25.50 per 100 pounds (stairs, $30.80 per 100 pounds), subject to a minimum charge of $129.50 (stairs, $154.50) and a maximum charge of $1,180.00 (stairs, no maximum) per shipment will apply. When shipments are accorded split pickup, split delivery or stopped in transit for partial loading or unloading, the minimum and maximum charges will apply to each stop separately wherever the service is performed.





  5. The charges provided in this item, will be in addition to all other lawful charges and unless the bill of lading is specifically endorsed to show prepayment of these charges, they will be collected from the party requesting such service, except such charge for shipments moving on Government Bills of Lading will be collected from the U.S. Government.




Note: When inside pickup or delivery service is requested on an Urgent shipment (as defined in Item 822); it shall be subject to a charge of $232.00 per shipment.


ITEM 570

IMPRACTICAL OPERATIONS

Pickup or delivery service may not be performed by Carrier at any site from or to which it is impractical to operate vehicles, including but not limited to:


  1. The conditions of roads, streets, driveways, alleys or approaches thereto.

  2. Inadequate loading or unloading facilities.

  3. Riots, acts of God, the public enemy, acts of terrorism, the authority of law (including customs inspections), the existence of violence or such possible disturbances as tending to create reasonable apprehension of danger to persons or property, industry disruptions, fires, strikes or labor disputes (including those of third parties), disruption in communication, an information systems failure, inclement weather.





  4. Ferryboat.

ITEM 575-A

MINIMUM CHARGE - CUBIC CAPACITY AND DENSITY

  1. The provisions of this item will apply to any shipment, or portion thereof, which is 750 cubic feet or more and has an average density of less than six (6) pounds per cubic foot (PCF). Average shipment density to be calculated using actual shipment weight.


  2. The provisions of this item are not applicable in connection with:

a. Rates determined by any unit measure other than by weight;
b. Capacity Load Minimum Charge;
c. Exclusive Use of Vehicle or Maximum Charges;
d Volume rates and Charges Per Vehicle or Trailer used; or
e. Where the otherwise applicable charge is greater than the calculation in this item.




  1. The cubic capacity of the shipment shall be determined by totaling the cubic feet of each packaged unit in the shipment, in accordance with STB NMF 100 Series, item 110, Section 8(a) and (b), except a minimum vertical dimension of eight (8) feet [(nine (9) feet when a bulkhead has been constructed in a Carrier vehicle by the Shipper)] shall be used to determine the cube of the individual shipping unit(s) when top loading is precluded because of:




a. The nature of the article/commodity when due to the irregular shape on top (e.g., machines, etc);
b. Packaging or lack of packaging used;
c. Palletization in “pyramided”, “rounded off”, or “topped off” fashion;
d. Specific instructions by the shipper or by notation on the bill of lading; or
e. Packaged units bearing instructions that the freight is not to be top loaded or double stacked.




  1. The minimum charge under this item will be based upon the calculated weight and the applicable rate. The calculated weight will be determined by multiplying the total cubic feet by six (6) pounds for each cubic foot or portion thereof. The minimum charge will then be determined as shown in (a) or (b) below:


    1. Multiply the calculated weight by the applicable class 150 rate from the customer’s base rates less any applicable discount. The class 150 rate used here shall not be reduced or increased by any exception class, class tier/grouping or Freight All Kinds class rating(s) contained in the customer’s pricing.



    2. Where the customer’s pricing is determined from mileage rates or where their applicable base rates do not provide a class 150 rating and rate, the minimum charge shall be determined by multiplying the calculated weight by the applicable class 150 rate from the most current UPGF 560 Series or UPGF 525 Series class rate tariff less a 60% discount.



  1. For the purpose of applying this rule and charge, when two or more shipments are tendered to Carrier by the same consignor, from the same place during one calendar day for delivery to the same Consignee at one place, and where remittance will be paid by the same payor, they will be considered one shipment.


  1. The provisions of the National Motor Freight Classification NMF 100 Series, Item 171 (Bumping Clause) will not apply in connection with the application of this item.


  2. Any overflow portion of a Capacity Load shipment which is charged for as a separate shipment will be subject to the provisions of this item.


  3. The provisions of this item do not apply to shipments billed using any UPGF 580 series tariff.


ITEM 578

PICK-UP OR DELIVERY - SHIPPER LOAD AND COUNT

When empty trailers are delivered to the Shipper’s location for subsequent loading at a later time by the Shipper or its agent, such delivery will be identified as Shipper Load & Count (“SL&C”) and will be subject to the following terms and conditions:



1. For each SL&C shipment tendered by Shipper to Carrier, Shipper will include "SL&C" on the bill of lading for the shipment, indicating that Shipper counted and loaded the shipment without Carrier's driver present. Shipper's failure to include "SL&C" on the applicable bill of lading does not change the liability of either party if Shipper did in fact count and load the shipment.




2. Shipper will load each SL&C shipment securely, in such a manner so as to withstand the normal rigors of transportation to Carrier’s originating Service Center, intermediate handling facility to final destination.


3. Carrier's driver will not check a SL&C shipment at the time of pick up.

4. Carrier's driver will sign the bill of lading for each SL&C shipment with "SL&C" instead of a piece count. All provisions of the bill of lading contract, which are consistent with this item, will apply. The failure of Carrier’s driver to include "SL&C" on the applicable bill of lading does not change the liability of either party if the Shipper did, in fact, count and load the shipment.




5. Carrier will count and verify the piece count, defined as cartons, rolls, pails, or similar units of each SL&C shipment and note any exceptions - over, short, or damaged (referred to herein as “O/S/D exceptions”) when the shipment is actually transferred from the original trailer picked up by Carrier (such transfer is hereinafter referred to as the “first physical handling” of the shipment).




6. Shipper will be notified of any O/S/D exception(s) or a clear delivery within 24 hours (excluding weekends and Holidays) of the first physical handling of the shipment. Failure of Carrier to notify shipper of any O/S/D exceptions as provided herein does not relieve the shipper of its obligations.



7. In the event of any O/S/D exception(s), Carrier may hold the shipment and await disposition from Shipper or may adjust Shipper’s bill of lading to reflect the overage or shortage and forward the shipment onto destination. Carrier agrees to note the O/S/D exception(s) for Shipper, on the bill of lading and delivering documentation.



8. Carrier will not be liable for any O/S/D exception(s) occurring before the first physical handling of the shipment and reporting of any O/S/D exception(s) to Shipper, unless there is evidence of a vehicle accident or negligence by Carrier.



ITEM 579

PICK-UP OR DELIVERY - CONSIGNEE UNLOAD OR DROP TRAILER

When shipments are delivered to the Consignee’s location for subsequent unloading at a later time by Consignee, such delivery will be subject to the following:

  1. Upon delivery of a trailer hereunder, Carrier will present to Consignee:

    1. the trailer with its door seal intact;
    2. a printed manifest listing all shipments contained within the trailer; and
    3. a delivery bill for each shipment contained within the trailer.
  2. Upon delivery of each trailer by Carrier hereunder, Consignee will:

    1. ensure the trailer door seal is intact and matches with the seal number printed on the manifest;
    2. ensure a delivery bill is received for each shipment listed on the manifest; and
    3. sign the manifest acknowledging receipt of the sealed trailer and delivery bills.
  3. Upon unloading the shipments from the trailer, Consignee will:

    1. note all exceptions to the condition of the shipments (shortages, overages, and/or damages) on each individual delivery receipt for the applicable shipment;
    2. ensure that all delivery exceptions reference product numbers or some other specific identifier of the specific freight for which an exception is being taken;
    3. sign and date each delivery receipt, and note the condition of the shrink wrap for that shipment;
    4. reload any overages back onto the Carrier’s trailer; and
    5. contact Carrier to advise that the trailer and delivery receipts are available for pick up. A trailer is considered “returned” for purposes of this agreement, and calculating detention charges, only if all applicable delivery receipts have been returned with the trailer.
  4. Exception Notification

    1. Consignee will advise Carrier of any delivery exceptions (over, short or damaged) within 24 hours of the time the trailer was delivered to Consignee’s location. Notification must reference the individual freight bill number and corresponding exception.
    2. Consignee’s failure to report delivery exceptions within 48 hours will mean there were no delivery exceptions and Consignee agrees that all claims for which a delivery exception is not presented within such 48 hour period are hereby waived.
  5. Trailer Detention Charges apply beyond the free time allowed for unloading Carrier’s trailer, see item 501.

  6. Consignee will not utilize Carrier’s equipment for any purpose other than unloading.

  7. Consignee will accept liability for damage to Carrier’s equipment while in its possession.


ITEM 580

MARKING OR LABELING FREIGHT

The provisions of NMFC 100, Item 580 will apply, except as follows :

When the consignor or Consignee requests, or when required to conform to NMFC Item 580, governing publications or this Tariff, to change, alter or add marks, tags, label or stencils on any package or piece of freight, MARKING OR LABELING charges will apply as follows:

$5.00 per package or piece of freight, subject to a minimum charge of $68.00 per shipment

Note When REQUIRED to conform to the provisions of NMFC Item 580 all charges accruing under the provisions of this item shall be assessed against the consignor or must be guaranteed to the satisfaction of Carrier before services will be performed. When REQUESTED by the consignor or Consignee all charges accruing under the provisions of this item must be paid by the party requesting the service.

ITEM 582

GROCERY WAREHOUSE SERVICES

  1. In the event Carrier is required to perform or complete additional services as a condition of the delivery to a grocery warehouse, the payor of the freight charges shall be charged for the cost incurred by Carrier, unless payment has been guaranteed to the satisfaction of Carrier by another party, whether the bill of lading indicates the freight charges are prepaid or collect. Additional services required to be provided or resulting from these services, may include, but are not limited to, such services as Inside Delivery (see Item 566), Sort and Segregating (see Item 751) Detention with Power (see Item 500), among others.
  2. Where the grocery warehouse requires the use of a service provider for specific unloading services, Carrier will be reimbursed by the payor of the freight charges for the cost of the required service charged by the provider, any resulting cost for delay incurred for detention or delivery completed after normal Business Hours, plus a processing fee of $29.00 per shipment.

ITEM 595

MAXIMUM CHARGE

In no case shall the charge for any shipment from and to the same points, via the same route and movement, be greater than the charge for a greater quantity of the same commodity in the same shipping form and subject to the same packing provisions at the rate and weight applicable to such greater quantity of freight.



Note 1 Not applicable where different levels of service are provided.

Note 2 The provisions of this item will not apply when the rates or charges are based on unit or pallet pricing.

ITEM 596

MAXIMUM WEIGHTS - CAPACITY LOAD OR VOLUME SHIPMENT

Except as specifically provided in individual items, Capacity Load or volume shipment provisions subject to a maximum weight restriction, will apply only to the extent total weight of the shipment does not exceed maximum weight. That portion of a shipment in excess of a stated maximum weight will be rated as a separate shipment.


ITEM 610

MINIMUM CHARGE – ABSOLUTE

Unless otherwise provided, the linehaul minimum charge applicable to any shipment after discount, will be no lower than the following:

$152.50 - Direct shipments between points in the Continental United States
$184.00 - Direct shipments between points in the Continental United States and Canada
$279.00 - Direct shipments from or to points in the Canadian Provinces of Newfoundland, Nova Scotia,                 Prince Edward Island, and the Yukon, Nunavut and Northwest Territories



Note Linehaul freight charges are determined by multiplying the applicable rate of each article by the actual weight of each article. Total linehaul freight charges cannot be less than the applicable linehaul minimum charge. The minimum charge is the published linehaul minimum charge (less any applicable discount) subject to the above Absolute Minimum Charge per shipment.



ITEM 615

HOUSEHOLD GOODS OR PERSONAL EFFECTS

Carrier may accept household goods ("HHG") only when each of the following conditions is met:

  1. The shipment is picked up and delivered entirely within Carrier’s network.
  2. A HHG mover or Broker is the requester of and debtor for the transportation services requested. A HHG mover or Broker is a commercial business that is properly licensed, certified, and insured per applicable city, county, state, federal, and any other applicable law or regulation.
  3. Pickup and Delivery service must occur at an HHG facility or at a military installation
  4. The freight is tendered in Carrier approved containers or otherwise secured in trailer by HHG.
  5. The bill of lading must state that the articles are released to a value not to exceed 10 cents per lb. The Consignee name and address on the bill of lading must match the Consignee name and address on the container. Each bill of lading must show HHG or Broker as the third party payor of the freight charges.
  6. Carrier agrees to transport such merchandise as HHG or Broker may tender to Carrier, excluding any prohibited items described in Item 780. The parties agree that Carrier shall have no liability whatsoever for any Prohibited Items and that HHG or Broker shall fully indemnify and hold harmless Carrier for any claims that may arise against Carrier with respect to such Prohibited Items.
  7. All claims for loss, damage or delay must be filed with Carrier by HHG or Broker. All claims by HHG’s or Broker’s customer for loss, damage or delay must be filed against HHG or Broker and any claim filed direct with Carrier by HHG’s or Broker’s customer will be declined.
  8. The minimum charge for an LTL shipment of household goods or personal effects as described in NMFC Items 100200 through 100292 will be for 500 pounds at the applicable rate, but not less than the minimum charge published between the origin and destination in which the shipment is moving.

ITEM 640

MIXED SHIPMENTS AND ARTICLES CLASSIFIED BY WEIGHT OR QUANTITY
(Exception to NMFC Item 640)


Unless otherwise provided, shipments that consist of differently classed articles contained in or on one handling unit and which are not accurately identified on the Bill of Lading will be rated at the applicable class shown below based on the density of the total shipment using the weight and measurements of the total shipment.


Range of Density of Shipment

Class for
Rating
Purposes


Range of Density of Shipment

Class for
Rating
Purposes


Less than 1PCF

500

9 PCF but less than 10.5 PCF

100

1PCF but less than 2 PCF

400

10.5 PCF but less than 12 PCF

92.5

2 PCF but less than 3 PCF

300

12 PCF but less than 13.5 PCF

85

3 PCF but less than 4 PCF

250

13.5 PCF but less than 15 PCF

77

4 PCF but less than 5 PCF

200

15 PCF but less than 22.5 PCF

70

5 PCF but less than 6 PCF

175

22.5 PCF but less than 30 PCF

65

6 PCF but less than 7 PCF

150

30 PCF but less than 35 PCF

60

7 PCF but less than 8 PCF

125

35 PCF but less than 50 PCF

55

8 PCF but less than 9 PCF

110

50 PCF or greater

50

ITEM 645

APPLICATION OF DENSITY BASED RATES

Density based rates will only be available upon a written agreement executed by each of Shipper and Carrier. Where Shipper and Carrier have established density based rates in such an agreement, the following rules shall apply:



Section 1:   Calculating Density

  1. Calculation of the Total Cube of a Shipment
    1. Multiply the greatest straight-line dimensions of length, width and height (depth) in inches, including all projections, of the individual handling unit as tendered to the carrier for shipment. Divide the total by 1,728 cubic inches (one cubic foot) to determine the total cube of the handling unit in cubic feet.
    2. For cylindrical / conical shipments, square the greatest dimension on the cylindrical plane by multiplying the dimension by itself in inches and then multiplying that result by the height or length. Divide the total by 1,728 cubic inches (one cubic foot) to determine the total cube of the handling unit in cubic feet.
    3. For irregularly shaped handling units, treat the irregularly shaped unit as if it were in a regular rectangular box. Measure the length, width, and height of the handling unit from its extreme points, in inches. Multiply the measured dimensions and divide the total by 1,728 cubic inches (one cubic foot) to determine the total cube of the handling unit in cubic feet.

      Image Irregular_Shape.jpg

    4. Before the cube is calculated, all individual handling unit dimensions will be rounded according to the following methodology:
      1. Any individual measurement that includes a fractional measurement of 0.4999 inches or less will be rounded down to the nearest whole inch.
      2. Any individual measurement that includes a fractional measurement of 0.5000 inches or greater will be rounded up to the next whole inch.
    5. After the individual handling unit cube is calculated, each result should be rounded to a precision of four decimal places. The total shipment weight divided by the sum of the individual handling unit cube(s), as calculated above, will constitute the density for the shipment.
  2. The density as calculated in (3) will be rounded according to the following methodology:
    1. Any calculated density that includes a fractional result of 0.0999 or less will be rounded down to the nearest whole integer.
    2. Any calculated density that includes a fractional result between 0.1000 and 0.5000, the fractional result will be rounded up to 0.5.
    3. Any calculated density that includes a fractional result between 0.5001 and 0.9999 will be rounded up to the next whole integer.
  3. Where articles are unitized on lift truck pallets, platforms, racks or skids, the pallet, platform, rack or skid constitutes the shipping package, or a part thereof, and must be included in the computation of density.
  4. On a single handling unit of less than one cubic foot, it shall be rated at one cubic foot.

Section 2:   Dimension Adjustments

  1. Carrier reserves the right to adjust dimensions to the values shown when any of the following conditions are present:
    1. A vertical dimension (height) of 96 inches will be used in determining the cube of any handling unit on top of which other freight cannot be loaded due to the following conditions:
      1. The nature of the article(s) within the handling unit
      2. Packaging, or lack thereof, used within the handling unit
      3. Handling units where the articles are "pyramided" or "rounded off"
      4. Instructions on the bill of lading, or provided by the consignee, indicating other freight cannot be loaded on top of the handling unit
      5. The actual vertical dimension (height) is in excess of 60 inches
    2. b. A width of 96 inches will be used when the actual width of the handling unit exceeds 72 inches.
    3. A width of 96 inches, a height of 96 inches and a length based on the linear feet of trailer occupied will be used when the following conditions are met:
      1. Unitized shipments or non-unitized shipments that are loaded in such a manner that determining the cube of each handling unit is impractical
      2. Shipments tendered in a manner such that any required transfer of the shipment is impractical

Section 3:   Rate Application

  1. It will be the responsibility of the Shipper to list the weight of each commodity and the dimensions of each handling unit on the bill of lading or shipping instructions as provided in Section 1 above when the shipment is tendered to Carrier.
  2. All freight rates and other charges are based upon the density calculated in Section 1 and the total weight of the shipment.
  3. Total weight of the shipment will be shown on the original bill of lading when tendered to Carrier at the time of shipment.
  4. Carrier reserves the right to verify the information furnished and make corrections when errors, omissions or discrepancies are found. Where a dimension is omitted on the bill of lading, and the Carrier is unable to determine the actual measurement, one or more of the following default measurements will be utilized for the omitted dimension – Length = 120 inches, Width = 96 inches, Height = 96 inches
  5. Rates are stated in dollars and cents in lawful currency of the United States of America.
  6. Where rates are provided for articles named herein, the same rate will be applicable on parts of such articles, when so described on the bill of lading.
  7. When two or more freight rates are named for the carriage of goods of the same descriptions, and the application is dependent upon the quantity of the goods shipped, the charges assessed against the smaller shipment shall not exceed those of any larger quantity.
  8. A corrected bill of lading or letter of authorization to change dimensions or density will not be acceptable after the shipment has been tendered for delivery.

Section 4:   Density-to-Class Conversion

  1. In the event the "Bill To" party and the Carrier have previously agreed to a rating structure based on class, but handling unit dimensions are provided on the bill of lading in lieu of class, Carrier will convert the density of the shipment, as calculated in Section 1, to a class using the table in Item 640.
  2. Furthermore, the density/class relationships set forth in the conversion table presume that there are no unusual or significant stowability, handling or liability characteristics, which would call for giving those characteristics additional or different weight in determining the appropriate class.
  3. Liability will be limited by Item 166, Section 2.
  4. The customer invoice will indicate when the rates have been determined using a density-to-class conversion.

Section 5:   Class-to Density Conversion:

  1. In the event the "Bill To" party and the Carrier have previously agreed to a rating structure based on density, but class is provided on the bill of lading in lieu of handling unit dimensions, Carrier will convert each indicated class to a density value using the table in Item 640. The density value utilized for each class will be the lower limit of each density range shown for each class.
  2. Should the bill of lading contain more than one classification, the weight of the items for each classification will multiplied by the converted density value for each classification. The sum of these values will be divided by the total weight of the shipment to determine the average density for the shipment. The average density calculated will be rounded based on the rules outlined in Section 1.
  3. Furthermore, the density/class relationships set forth in the conversion table presume that there are no unusual or significant stowability, handling or liability characteristics, which would call for giving those characteristics additional or different weight in determining the appropriate class.
  4. Liability will be limited by Item 166, Section 13.
  5. The customer invoice will indicate when the rates have been determined using a class-to-density conversion.

ITEM 647

APPOINTMENT AND NOTIFICATION PRIOR TO DELIVERY

  1. When Carrier is requested or required, as a condition necessary to delivery, to call for a delivery appointment, to make arrangements for customer pickup at Carrier’s service center or to provide written notice concerning the arrival of a shipment, a charge of $48.00 per shipment will be assessed.
  2. Notice of arrival will be given to the Consignee no later than the next Business Day following the arrival of the shipment.
    1. The notice will be given by telephone or mail.
    2. In the case of notification by mail, the notice will be considered received by the addressee at 8:00 A.M. on the first Business Day after it was mailed. If Consignee is notified by both telephone and by mail, the earlier date of contact will determine the arrival notice date.
    3. Shipments not delivered within the next Business Day after notification will be subject to storage charges as outlined in Item 910.
  3. When the Consignee requires delivery of the freight bill prior to delivery of a shipment, a charge of $48.00 per shipment will apply.

Note   Not applicable when the Consignee is located at a Private Residence (Item 753) or a location identified as having limited access (Item 755).


ITEM 670

EXTREME LENGTH / OVER DIMENSION - MINIMUM CHARGE

  1. Shipments containing one or more articles with dimensions that equal or exceed 15 feet in length shall be subject to a charge of $99.00 per shipment. This charge shall be in addition to all other applicable charges and shall be collected from the party responsible for the payment of the freight bill.
  2. The charge in this item will not apply on shipments that are subject to :
    1. Capacity load minimum charge
    2. Cubic Capacity and Density Minimum Charge
    3. Exclusive Use of Vehicle
    4. Truckload or Volume rates and charges

Note   Not applicable on Urgent shipments (as defined in Item 822) moving “out-of-network.”

ITEM 680

PACKAGING REQUIREMENTS AND CARRIER LIABILITY
(Exception to NMFC Item 680)


It is the responsibility of Shipper to ensure that proper packaging is used and that contents of packages are adequately and securely packed, wrapped and cushioned for transportation. Where customer pricing is dependent on packing requirements those rates or ratings will apply only when the commodities are packed in accordance with such packing requirements. Where packing requirements are not provided in tariffs governed hereby, the packing requirements of NMFC will apply. Where packing requirements are provided in tariffs governed hereby, rates or ratings provided in connection therewith will apply only when the article or articles are packed in accordance with such packing requirements.






Unless otherwise provided, commodities in a shipping container (excluding commodities in containers within containers) shall be accepted by Carrier to be in compliance when filled to not less than 65% of the capacity of the container. Where the commodities are filled to less than 65% of the container’s capacity, the gross weight of the container and its contents and the measurements of the container will be used to determine the density of the container. The container will be rated at the applicable class shown in Item 640, above.




Carrier will not be liable for, nor shall any adjustment, refund or credit of any kind be made to Shipper, Consignee or any third party with an interest in the shipment as a result of any loss, damage, destruction or misdelivery (including misinformation accompanying the shipment) caused by any of the following:



  1. Insufficient packing, securing, marking or labeling of shipment
  2. Damage or loss of articles packaged and sealed by Shipper or a third party acting on Shipper’s instructions, where the seal is unbroken at the time of delivery, the shipment retains its basic integrity and the Consignee accepts the shipment without noting the damage on the delivery record.
  3. Allegation of damages indicated solely by reliance on any instrument attached to or shipped with the commodities that measure and record vibration, temperature, impact or other physical characteristic.
  4. Shipper’s failure to ship goods in packaging approved by Carrier prior to shipment where such prior approval is recommended or required.
  5. Damage to general shipping containers whose outer finish might be damaged by adhesive labels, soiling or marking incidental to transportation.
  6. For shipments of food, food-related products, medical supplies, toiletries or drugs for human or animal consumption or use, Shipper is responsible for ensuring that packaging is sufficient to protect such goods from damage due to prolonged exposure to sunlight, heat, cold or precipitation or co-loading with shipments of chemicals, food or other products in the normal course of LTL handling and transportation.

ITEM 700

PERMITS

When Carrier is required or requested to obtain a special permit, the payor of the freight charges will reimburse Carrier for the cost of the permit plus an administrative fee of $97.00.


ITEM 721

COLLECTION OF CHARGES - COLLECTION FEE FOR NONPAYMENT OR LATE PAYMENT

  1. When credit has been extended by Carrier, all transportation charges shall be paid in full within 15 days of presentation by Carrier of the freight bill in accordance with item 140 (credit period).
  2. Payments not made within 30 days of presentation of the freight bill shall be considered delinquent. Pursuant to Title 49, subsection 13707 and CFR Part 377.203, notice shall be given by Carrier that failure to pay within the authorized credit period will require Carrier, before extending credit again, to determine whether the Shipper will comply with the credit regulation in the future. The consignor, Consignee and any third party involved in the movement shall remain liable for transportation charges incurred, with the sole exception being the non-recourse provisions of the bill of lading contract. The consignor, Consignee and any third party shall be jointly and severally liable for said charges, regardless of any agreement between them with respect to the party responsible for the freight charges incurred.
  3. In the event payment In the event payment is not made within 30 days of presentation of the freight bill and Carrier deems it necessary to retain the services of a collections agency, and or legal counsel to collect any outstanding indebtedness, a collection fee of 35% of the unpaid balance will be assessed, all discounted pricing (including Allowances, discounts and incentives described in Item 170) shall be removed and the liable party shall pay to Carrier 100% of the undiscounted class rates.

    Additionally, a service charge of 1.5% per month (or fraction thereof) will be assessed and due on the unpaid balance. This service charge will begin at the time the receivable is placed with the collections agency and/or legal counsel and will end when payment has been made.
  4. All action or proceedings instituted by Carrier for the collection of freight charges owed by the Shipper, consignor, Consignee or third party involved in the movement who has failed to pay such charges within 30 days of presentation of the freight bill, where Carrier initiates a lawsuit, such suit shall be brought in a court of competent jurisdiction in the State where the debtor resides, and cause of any action or suit hereunder must be brought by the parties in the federal or state court with appropriate jurisdiction over the subject matter established or sitting in that State. The parties will not raise, and hereby waive, any defenses based on the venue, inconvenience of forum, lack of personal jurisdiction, sufficiency of service, of process or the like in any cause of action or suit brought in the sitting State.
  5. Carrier may provide trade credit information on its customers to commercial reporting agencies.

ITEM 725

PICK - UP OR DELIVERY – SPECIAL EQUIPMENT

1. Either the Shipper or Consignee may request flatbed service, and where Carrier is able to make arrangements for equipment and driver, the following provisions will apply:
  1. Flatbed service will be performed entirely within the boundaries of Carrier’s service center contacted for pick up or delivery service.
  2. Flatbed service is limited to pick up and delivery service. The commodities shall meet the requirements for dispatch and handling within Carrier’s linehaul equipment and facilities.
  3. Flatbed trailers exceeding 29 feet in length are subject to double the flatbed charge
  4. The bill of lading shall clearly note “Flatbed Service” and reference the number of flat bed trailers required.
  5. A charge of $334.00 per hour, or fraction thereof, per flatbed trailer, subject to a minimum charge of $978.00 per trailer shall accrue, measured from the time the equipment leaves Carrier’s service center until it is returned.

2. When Shipper or Consignee, or other third party responsible for arranging the freight service requests a fork lift for loading or unloading (other than at Carrier’s service center) and Carrier is able to arrange for such equipment the charge will be $247.00 per hour or fraction thereof for each unit used during the actual time of loading or unloading.



ITEM 750

PICK-UP OR DELIVERY - GENERAL

Rates include one pickup and loading, line haul and one delivery and unloading or one tender for delivery of a shipment (See Item 570 for Impractical Operations), performed under reasonable dispatch during normal Business Hours (See Item 754 for Pickup or Delivery Service - Saturdays, Sundays, Holidays or non Business Hours), subject to the following provisions:




    Section 1 - Placement of Vehicle for Loading or Unloading

    At the request of the Shipper, Carrier will furnish and place a vehicle at the loading site designated. The delivery of a shipment will include the placing of vehicle at the site designated by the Consignee.

    Section 2 - Loading and Unloading by Carrier
    1. Freight tendered for loading must be situated to be directly accessible to the vehicle (Note 1), or it shall be immediately adjacent to a parking space (see Item 566 for handling freight not adjacent to the vehicle).
    2. Carrier will furnish only one person per vehicle for loading (see Item 560 - Extra Labor if requested).
    3. Carrier will not be obligated to receive and load freight that may be liable to damage or adulterate other freight or its equipment.
    4. Freight will be unloaded at the delivery site immediately adjacent to the delivery vehicle (see Item 566 for Inside Pickup or Delivery).
    5. Carrier will furnish only one person per vehicle for unloading (see Item 560 – Extra Labor).

    Section 3 - Restrictions on Loading or Unloading by Carrier

    1. Shipments must be tendered to Carrier in consigned lots. Loading or unloading service by Carrier does not include assembling, packing, unpacking, dismantling, inspecting, de-palletization, sorting or segregating freight, except as provided in this paragraph and Item 751.
    2. Loading or unloading service does not include furnishing by Carrier of rigging or special loading or unloading equipment such as platform vehicles (other than two-wheeled hand trucks), winches, cranes, jacks, blocks or falls, chain falls or other special equipment used in hoisting, lowering, handling or placing freight in position. When such equipment is required in loading or unloading, the Shipper or the Consignee will furnish the necessary equipment and the trained labor to operate such equipment at its expense and will also assume responsibility for safe loading or unloading.
    3. Unloading service includes sorting or segregating the freight for the purpose of determining that the proper freight is being delivered to the Consignee or to determine the extent and identity of shortages, damages or overages as may have been ascertained by Carrier employee.
    4. When freight is tendered in lots according to size, brand, flavor or other distinguishing characteristics and so identified on the bill of lading or accompanying papers, delivery service includes tender in the same manner, including placement of segregated lots on the platform dock, conveyor, pallets, dolly, buggy or similar device provided by the Consignee for receipt of freight within or adjacent to the vehicle, except as provided in Paragraph 2 of Item 751.
    5. Loading or unloading service does not include opening of packages or unitized shipments including shrink-wrapped or banded freight on pallets or skids.

    Section 4 - Loading by Shipper or Unloading by Consignee

    The Shipper or Consignee may elect to waive the loading or unloading of freight by the Carrier by performing same at his own expense.

    Section 5 - Waiver of Delivery Receipt

    When Shipper or owner has made written arrangements with Carrier, freight consigned to construction sites (or other places where no representative of the Consignee is present or available to receipt for the shipment) will be delivered and unloaded and left unattended at the place designated. Carrier will unload the shipment providing the rules or rates do not specifically require the Consignee to perform the service. Carrier will not be responsible for any loss or damage after delivery has been made or for any damage to the freight, property or personal injury arising out of acts or omissions after delivery was completed.


    Section 6 - Heavy or Bulky Freight – Loading or Unloading (See also Item 725)

    When freight (per package or piece) in a single container, or secured to pallets, platforms or lift truck skids, or in any other authorized form of shipments:

    1. Weighs 110 lbs. or less, Carrier will perform the loading and/or unloading.
    2. Weighs more than 110 lbs., but less than 500 lbs.:
      1. Carrier will perform the loading and/or unloading where the Shipper and/or Consignee provides a dock, platform or ramp directly accessible to the vehicle. Not applicable when the freight exceeds 8 feet in its greatest dimension or exceeds 4 feet in each its greatest and intermediate dimension. Where the Shipper and/or Consignee does not provide a dock, platform or ramp, the truck driver, on request, will assist the Shipper and/or Consignee in loading and/or unloading.
      2. Carrier will perform the loading and/or unloading where the Shipper and/or Consignee provides a dock, platform or ramp directly accessible to the vehicle, if freight:
        1. Exceeds 8 feet but does not exceed 22 feet in its greatest dimension and does not exceed 2 feet in its intermediate dimension, or;
        2. If it does not exceed 10 feet in its greatest dimension and does not exceed 5 feet in its intermediate dimension and does not exceed 1 foot in its least dimension. Where the Shipper and/or Consignee does not provide a dock, platform or ramp, the truck driver, on request, will assist the Shipper and/or Consignee in loading and/or unloading.
    3. Weighs 500 lbs. or more, the Shipper will perform the loading and the Consignee will perform the unloading. On request of Shipper or Consignee, the truck driver will assist in loading or unloading.
    4. Exceeds 8 feet in its greatest dimensions or exceeds 4 feet in each it’s greatest and intermediate dimension, the Shipper will perform the loading and the Consignee will perform the unloading. On request of Shipper or Consignee, the truck driver will assist in loading or unloading.

    Note 1 Freight shall be considered to be immediately adjacent to a space suitable for loading or unloading site if not separated therefrom only by an intervening public sidewalk or such comparable distance.

    Note 2 Loading include stowing and counting of the freight in or on the vehicle. Unloading includes the counting and removing of the freight from the position in which it is transported in or on the vehicle.


ITEM 751

SORTING AND SEGREGATING OF SHIPMENTS OR TRANSFER OF SHIPMENTS LOADED ON
PALLET(S), PLATFORM(S), RACK(S), SKID(S) OR OTHER SIMILAR DEVICES ON DELIVERY

  1. Loading and unloading services does not include any of the following services. Any request for such service shall be subject to a charge of $0.92 per package/piece or $2.50 per cwt., whichever is greater, subject to a minimum charge of $100.00 per shipment. Charges for these services shall be the responsibility of the party requesting the service, and if uncollectible, Carrier reserves the right to assess the charges against the payor of the freight charges. In all cases, the responsibility for payment of these charges will be irrespective of whether the shipment is prepaid or collect.
    1. Sort or Segregate shipments by size, brand, flavor or other distinguishing characteristics.
    2. Assembling freight in such a manner to create a shipment.
    3. Inspecting, dismantling, packing, unpacking of any freight.
    4. When the product terms of sale requires a shipment be sorted or segregated in any manner, but the Shipper fails to tender the shipment in that manner.
  2. No sorting or segregating charge will apply when :

    1. The only service performed is a count necessary to determine the extent and identity of shortages or overages as may have been ascertained by Carrier’s employee.


    2. The shipment tendered to Carrier on pallet(s) and delivery in the same palletized manner in which the freight was tendered to Carrier.

ITEM 752

PICK-UP OR DELIVERY – LUMPER SERVICE

When Carrier is required to utilize a Lumper Service to load or unload freight from or onto Carrier’s vehicle, Carrier will assess a fee to the payor of the freight bill unless payment has been guaranteed to the satisfaction of Carrier by another party. The fee will be $1.67 per hundredweight, subject to a minimum charge of $26.00 per shipment. Charges for sorting and segregating as described in Item 751 will not apply if Lumper Services apply.








ITEM 753

PICK-UP OR DELIVERY - RESIDENCES

  1. Before attempting pickup or delivery at a Private Residence, Carrier will determine that its equipment may legally operate in the municipality or locality, subject to existing zoning, weight, and height restrictions of commercial vehicles



  2. If pickup or delivery to the particular Residence is allowed then before attempting pickup or delivery at the Residence, Carrier must reach agreement with the consignor or Consignee regarding the date and approximate time of such pickup or delivery. This arrangement for pickup or delivery shall be made before pickup, or tender of delivery is initially attempted, and shall include at least the following:





    1. Delivery will be made to the building ground floor entrance, garage entrance or carport for the consignee.


    2. The shipment may be delivered to the address on the bill of lading or may be picked up by the Consignee at Carrier’s terminal


    3. Carrier’s next delivery schedule for the delivery area and the delivery requirements, including:


      1. The shipment weight, number of packages and payment requirements

      2. Additional services that may be available and the respective charges, including delivery to positions not immediately adjacent to Carrier’s vehicle (Item 566) and Lift Gate services (Item 892).



  3. When Carrier is requested or required to arrange for pick-up or delivery service at a Residence an additional charge of $112.00 will apply.

  4. In the case of delivery, the charge in paragraph 3 will include an initial notification to make delivery arrangements. Any additional notifications will be subject to the provisions of Item 647 and assessed to the party requiring the additional notice.



  5. Unless the bill of lading is specifically endorsed to show prepayment of these charges, they will be collected from the party who authorized the additional services or the party responsible for the payment of the freight charges. On shipments moving on Government Bills of Lading the charges will be collected from the U.S. Government.




  6. If a shipment cannot be delivered, Carrier will make a diligent effort to notify the Consignor promptly that the shipment is in storage and the reason therefor.

Note     When pick-up or delivery is performed at New York zip codes 1001-10099 and 10101 – 10292 the additional charge of $134.00 will apply

ITEM 754

PICK-UP OR DELIVERY – SATURDAYS, SUNDAYS, HOLIDAYS OR NON BUSINESS HOURS

  1. When Shipper or Consignee requests pick up or delivery on a Saturday, Sunday, Holiday or during non-Business Hours (See Item 120), the service will be subject to a charge of $211.00 per person per hour, or fraction thereof, subject to a minimum charge of $470.00 per person per day. Such charges shall be in addition to all other applicable charges.




  2. Time shall be computed upon notification by the driver to the representative of the Shipper or Consignee that the vehicle is available for loading or unloading and shall end upon completion of loading or unloading and receipt by driver of signed bill of lading or receipt for delivery.



  3. Shipper or Consignee may request Carrier to place or pick up empty trailer(s) on Saturdays, Sundays, Holidays or during non-Business Hours even though the actual pickup and/or delivery of freight may occur on a day other than Saturday, Sunday, Holiday or occurs during normal Business Hours. The charges for this service will be as indicated in paragraph 1 above.




  4. A request for pickup or delivery service on a Saturday, Sunday, Holiday or during non-Business Hours must be made in advance with the local servicing terminal. Carrier will accommodate the request where possible, but is not obligated to perform such services during non-Business Hours even if requested on the bill of lading.




  5. Charges must be either paid by the party requesting the service or guaranteed to the satisfaction of Carrier before pickup or delivery will be made

Note Not applicable on Urgent shipments (as defined in Item 822) moving “out-of-network.”

ITEM 755-A

PICKUP OR DELIVERY – LIMITED ACCESS LOCATIONS

  1. Before attempting pickup or delivery at Limited Access Locations, Carrier must reach agreement with the consignor or Consignee regarding the date and time (approximate) of such pickup or delivery. This arrangement for pickup or delivery shall be made before pickup, or tender of delivery is initially attempted, and shall include at least the following:




    1. The shipment may be delivered to the address on the bill of lading or may be picked up by the Consignee at Carrier’s terminal.


    2. Carrier’s next delivery schedule for the delivery area and the delivery requirements, including:

      1. The shipment weight, number of packages and payment requirements

      2. Additional services that may be available and the respective charges, including delivery to positions not immediately adjacent to Carrier’s vehicle (Item 566) and Lift Gate services (Item 892).



  2. When Carrier is requested or required to arrange for a pickup or delivery at a location with Limited Access, the following charge shall apply :

    $112.00 per shipment

  3. The terms LIMITED ACCESS LOCATIONS include but are not limited to the following:

    1. Churches