CLE Transportation Company - Terms and Conditions

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DS EXPRESS CARRIERS, INC. AND CLE TRANSPORTATION COMPANY (COLLECTIVELY, "CARRIER")
TERMS AND CONDITIONS

Introduction. Unless otherwise modified by an authorized representative (as defined below) of Carrier, these Terms and Conditions govern the services provided by Carrier to its customers (whether shippers, consignees, receivers, or otherwise) and shall be deemed attached to and incorporated in Carrier's Uniform Bill of Lading. In accordance with 49 U.S.C. '14101(b), these Terms and Conditions control over any conflicting provisions contained in Title 49 of the United States Code, and the Parties hereby waive all such conflicting provisions.
Convenience Interlining. Carrier may, from time to time in its discretion, utilize the services of other motor carriers to transport the tendered shipment so as to provide the most efficient, economical service to its customer; provided, however, if the Bill of Lading applicable to the shipment is noted by the shipper that Aconvenience interlining not applicable@ Carrier will not use convenience interlining. Shipments transported using convenience interlining will move on the Bill of Lading of Carrier, which assumes responsibility for the shipment.
Liability for Loss and Damage; Limitation of Liability.
1. Carrier assumes liability for cargo loss and damage claims under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. '14706, et seq. and all other applicable federal laws and regulations governing the interstate transportation of freight in effect as of the date of the shipment and under the terms and conditions of the Uniform Straight Bill of Lading, except as otherwise provided in these Terms and Conditions. To the extent the provisions of the Carmack Amendment or any other applicable law conflict with the provisions of these Terms and Conditions, the conflicting provisions are deemed waived in accordance with 49 U.S.C. '14101(b) or as otherwise provided by law.
2. Carrier's liability for cargo loss and damages begins upon signing the receipt or Bill of Lading for the shipment and ends when delivery is completed or when the shipment is tendered for delivery. Carrier will investigate and depose of shipment loss and damage claims as set forth in 49 C.F.R. Part 370. All claims for loss, damage, or destruction must be filed in writing with Carrier within nine (9) months of delivery or, for non-delivery claims, within nine (9) months after the date of the Bill of Lading. When claims are not filed within the prescribed times, the claims will be barred and not paid. Purported claims that do not comply with the provisions of 49 C.F.R. Part 370 are not valid claims. All lawsuits for shipment claims must be instituted against Carrier no later than two (2) years from the day when written notice is given by Carrier to the claimant that it has disallowed the claim or any part thereof, and Carrier is not liable and has no obligation to pay any claim not filed in accordance with the foregoing. Carrier is deemed to have denied a claim when it responds otherwise then by allowing the claim in its entirety. Carrier's customer shall not deduct or offset any part of the claim or other alleged claim or debt of Carrier from the charges owed to Carrier unless authorized in writing by Carrier's authorized representative.
3. Carrier is not liable for any delay or non-performance of its obligations to its customer if performance by Carrier is effected or caused by any event beyond Carrier's reasonable control, including (but not limited to) fire, labor strife or riot, weather conditions, act of the public enemy, act of Gods, acts of terrorism, local or national disruption to transportation networks or operations, material equipment repairs, fuel shortages, governmental regulations, any other act of a government authority, the inherent vice of the goods being shipped, or the act or default of the shipper.
4. Carrier shall not be liable for and hereby disclaims responsibility for any indirect, incidental, consequential, special, punitive, or multiplied damages or other indirect costs, economic loss, penalties, lost profits, fines, fees, interest, assessments, or other charges of any kind arising from any claims associated with a shipment or any other acts, including the acts, omissions, or delays of Carrier, whether or not foreseeable or disclosed.
5. Except as otherwise provided in these Terms and Conditions, for all shipments made by Carrier (whether of new, used, or reconditioned goods), Carrier's liability for any loss, damage, theft, or destruction of the shipment will not exceed the least of the following:
  1. The cost of replacement or repair of the lost or damaged cargo;
  2. The actual cost of the goods as supported by a certified copy of the original invoice; and
  3. $50,000.00 per shipment.
6. Liability limitations based upon weight will be determined based only on the damaged portion of the shipment and not based on the weight of the packaging of the entire shipment or the entire weight of the goods in question.
7. When goods are shrink wrapped and the shrink-wrapped skid is delivered to the consignee intact with the plastic shrink wrap unbroken, Carrier has no liability for loss or damage to the goods. Skids are only considered to be not intact at the time of delivery if there is a written exception indicating the number of pallets and that they were not intact on the Bill of Lading. The driver signing the Bill of Lading will sign only for the number of pallets, and not the number of pieces therein.
8. For new shipments, Carrier’s maximum liability for loss, damage, or destruction to all or any part of the goods shipment while in Carrier's possession, is limited to $5.00 per pound per package or $50,000.00 per shipment, whichever is lower. Each shipment is considered to be new only if it remains in its original box, carton, or shipping container, is tendered for transportation directly from the manufacturing facility, and has never been removed from the original packaging of the manufacturer. Liability for any other shipment (which is deemed to be a used shipment) is limited to $.10 per pound per package or $10,000.00 per shipment, whichever is lower.
9. Notwithstanding the foregoing, the customer may, upon written request to Carrier in writing at least 72 hours prior to the scheduled pick-up, declare a higher value of liability with respect to the shipment. For the increased liability, Carrier's customer shall pay Carrier an additional fee equal to $ .50 per $100.00 of declared value. Notwithstanding anything to the contrary in this section, in no event shall the declared value exceed $100,000.00 per shipment. Declared value coverage is not available for the following goods:
  1. Antiques and/or fine arts;
  2. Household goods and personal effects;
  3. Precious stones, diamonds;
  4. Precious metals and bullion (e.g., gold, platinum, silver, and other precious metals);
  5. Money and currency in any form;
  6. Bills, deeds, notes, securities, trading stamps, evidence of indebtedness, letters of credit, tickets, passports, manuscripts, mechanical drawings, and other valuable papers and documents;
  7. Recorded or electronic data and media;
  8. Furs or fur garments;
  9. Cadavers and/or bodily fluids;
  10. Pianos;
  11. Perishables and live plants;
  12. Live animals; and
  13. Metal poles
  Coverage for declared value shipments begins at the time Carrier takes possession of the goods and continues in force during the ordinary and customary course of transit to the place of business of the consignee as per the Bill of Lading. Coverage will remain in force up to the time of the signed delivery of the goods, whereupon coverage shall automatically and immediately terminate. All shortages of goods subject to a declared value shipment must be reported at delivery or on the same day of delivery. All goods subject to a declared value shipment must be held until any claim thereon is finalized, and all such goods must be made available for inspection. All claims and litigation arising from any declared value shipments are otherwise subject to the same terms and conditions as provided above. The customer must request full value coverage prior to tender of the goods to the Carrier.
10. If goods transported by Carrier are damaged or alleged to be damaged and, as a result, are not delivered and rejected or refused upon delivery, Carrier after giving written notice to the owner and any other party that may have an interest in the goods (if practicable) and unless advised to the contrary after giving notice, may undertake to sell or dispose of the property directly or by a salvage agent. Carrier must document the salvage sufficiently to identify the property involved and related to a shipment and should document any claim filed on the shipment. Carrier shall also make record of the amount of money recovered, if any for the disposition of the property and salvage and the date of transmittal of the money to the person or persons lawfully entitled to receive it. If the customer asserts that the goods should be destroyed for any reason, Carrier remains entitled to the salvage value the goods would have generated had the goods been salvage instead of destroyed.
11. If the shipper, broker, or consignee requests that the shipment be delivered at an unattended location or be delivered without signature, Carrier is not liable for loss, damage, theft, or destruction that occurs after Carrier makes the delivery, and Carrier's delivery receipts signed by the driver will constitute evidence of delivery in good condition.
12. Liability for loss, damage, or destruction of shipments being returned to the original shipper, which were not originally transported by Carrier from the original shipper or that were transported by Carrier from the original shipper and Carrier is not given an opportunity to inspect, will be limited to lost freight only and Carrier will not be responsible for any other damages.
Bills of Lading.
1. A request to change or correct a Bill of Lading must be submitted to Carrier in writing. Carrier may deny a change to the terms of the Bill of Lading after an over, short, or damage delivery has occurred.
2. A corrected Bill of Lading to change the original freight charge collection status from pre-paid to collect will not be accepted if Section 7 (the non-recourse clause) of the corrected Bill of lading has been signed. The party requesting the change and collection status remains liable and by submitting the change guarantees payment of the freight charges.
3. Re-delivery, storage, or other charges that become applicable on shipments that have been refused due to the freight charges collection status of the payor will be assessed against the payor of the freight charges on the corrected Bill of Lading.
4. Corrected Bills of Lading that change the description, density, or weight of commodities will not be accepted without documentary proof that the description, density, or weight is as claimed on the corrected Bill of Lading. Carrier may refuse corrections where the validity of the corrected information has not been verified to Carrier's satisfaction, or where execution of the corrected Bill of Lading would violate applicable laws, rules, or regulations. Carrier has sole discretion on whether to accept corrections to Bills of Lading under this sub-section.
5. Unless otherwise agreed in writing by an authorized representative of Carrier, the contract terms governing shipment shall be those contained in Carrier's Uniform Bill of Lading as published on its website and in effect as of the date the shipment is tendered to Carrier. If an authorized Bill of Lading issued by the shipper or consignor is signed for by Carrier's driver or other person that is not an authorized representative, a signature acknowledges only receipt of the freight and the intention to deliver, and is not a contract for carriage or freight.
6. Carrier is not obligated for any liability provided on a Bill of Lading except as expressly provided in these Terms and Conditions, and no signature of Carrier's driver or other representative (other than authorized representative) indicates acceptance of any additional liability other than that provided by these Terms and Conditions.
Collection of Freight Charges.
1. Carrier's rates and charges are subject to the payment rules and regulations under 49 CFR Part 377 as in effect at the time of shipment. The consignor and shipper will remain liable for transportation and other charges when the terms or information on the Bill of Lading are incomplete or conflicting.
2. The freight charges are due or payable at the time of shipment for pre-paid shipments, and at the time of delivery for collect shipments. Creditor may require the shipment to be pre-paid if in its reasonable judgment the forced sale of the shipment would not realize the total charges due at the destination. Carrier may extend credit for a period of 30 calendar days upon prior request and receipt of information satisfactory to Carrier that payment will be made within the credit terms and time frame.
  1. A pre-paid shipment is a shipment where the charges for transportation service and any accessorial service charges are paid by the shipper.
  2. A collect shipment is a shipment where the charges for the transportation service and any accessorial service charges are paid by the consignee.
3. Carrier will not accept any collect shipment if the consignor or shipper executes Section 7 of the Bill of Lading unless authorized in writing by an authorized representative of the Carrier.
4. All freight charges not paid within the credit period provided by Carrier are subject to service charges as provided by 49 CFR 377.203(e). A freight invoice not paid within 60 days of the date of invoice will be subject to a service charge equal to the greater of (a) $125.00, or (b) 25% of the amount of freight charges. The service charge will increase to the greater of (a) $250.00, or (b) 50% of the freight charge if unpaid within 90 days following the date of invoice.
5. If the customer does not make payment of the freight charges during the authorized credit period of thirty (30) days, the customer shall pay liquidated damages in accordance with 49 CFR '377.203(g)(1) equal to [10%] of the amount of the unpaid freight charges, constituting Carrier's liquidated damages for its collection efforts. This sub-section applies automatically at the expiration of the authorized credit period, without the need to re-invoice the customer, and the failure of Carrier to re-invoice the customer does not waive Carrier's right to collect the same.
6. A charge of $35.00 will be accessed for any check returned unpaid for any reason including, but not limited to, insufficient funds or stop payment.
7. If the consignor or shipper requests Carrier to bill a third party, the shipment will be considered pre-paid and payment of all charges will be deemed guaranteed by the consignor or shipper. If the third party will be billed, the name and address of the third party must be placed on the Bill of Lading and shipping order at the time of shipment; provided, however, no shipment will be deemed accepted by Carrier if Section 7 of the Bill of Lading is executed and Section 7 is hereby deemed not applicable to any shipments where a third party will be paying all charges. Third parties may be required to demonstrate adequate credit in Carrier's discretion. Also, such third parties must have an address within the United States.
8. All freight charges are due and payable in full, without offset.
9. Carrier has a lien on all freight in its possession (whether actual or constructive) for the total amount of current and overdue freight and other charges owed to Carrier, and Carrier may convert any shipment in its possession to on-hand freight, which will be subject to the applicable on-hand storage charges provided in these Terms and Conditions.
10. All actions to collect freight charges may be brought by Carrier in any state or federal court having jurisdiction over Huron County, Ohio or, at the option of Carrier, where the debtor is located. All parties engaging Carrier to transport shipments or otherwise responsible for freight and other charges to Carrier, by so engaging Carrier, consent to personal jurisdiction and venue in such courts.
11. Carrier may offset any amounts it owes to its customer against the customer’s unpaid accounts receivable dated sixty (60) days or more.
12. When shipments or arrangements are made with an underlying carrier or a broker for transportation services provided by Carrier and the broker or underlying carrier bills the shipper or consignor for freight charges that include Carrier's rates, the broker or underlying carrier must segregate the money owed to Carrier from its other accounts and pay the Carrier without offset. The broker or underlying carrier will hold all monies received by it that include Carrier's fees in a constructive trust for the benefit of Carrier. In all such instances where a broker or underlying carrier is involved, Carrier does not waive recourse for payment of all freight charges to the consignor or consignee unless Section 7 of the Bill of Lading is signed and prior notice is given to Carrier.
Redelivery. If delivery cannot be accomplished through no fault of Carrier, each redelivery will be subject to an additional charge of $ .20 per 100 pounds, subject to a minimum charge of $200.00, and a maximum charge of $750.00 per shipment. All redeliveries will be subject to surcharges.
On-Hand and Storage Charges.
1. As used in these Terms and Conditions, "on-hand" freight means freight in Carrier’s possession by order of governmental authority, by reason of act or omission of the shipper, consignor, consignee, or owner, or for customs clearance or inspection, in any case through no fault of Carrier, or when held by Carrier due to rejection by the consignee or instruction from the shipper, whether due to damages or otherwise.
2. Carrier's liability for on-hand freight is that of a warehouseman, and Carrier will use ordinary care to keep the freight in a safe or suitable place.
3. Freight on-hand will be subject to a charge of $ .20 per 100 pounds, except the charge will not exceed $100.00 for the first 24 hours or fraction thereof, $175.00 for a second 24 hours or fraction thereof, and $250.00 for the third and each following 24 hours or fraction thereof. Storage charges will begin at 7:00 a.m. e.s.t. the day of business following that on which the notice of arrival has been made. Despite the foregoing, if Carrier must place the freight in a public warehouse, the maximum charges will not apply and the rate will be $ .20 per 100 pounds.
4. In the event of a refused delivery or if Carrier is unable to make delivery due to the act or omission of the consignor or consignee, Carrier shall attempt to provide notice by telephone or electronic communication in accordance with the Bill of Lading to the shipper or other party designated on the Bill of Lading. In this instance, storage charges will begin the business day following the attempted notification and storage may be had at any location that, in Carrier’s determination, provides reasonable protection against loss and damage including, but not limited to, public storage. Any storage shall be at the owner’s expense and without liability of Carrier. If Carries does not receive instructions for disposition of the shipment within forty-eight (48) hours of the time of Carrier’s first notification, Carrier will attempt to make a final notification. The final notification will advise that if Carrier does not receive instructions as to the disposition of the shipment within ten (10) days of the date of the notification, Carrier may offer the shipment for sale at a public or private auction and Carrier has the right to do so. The amount of the proceeds received from the sale will be applied to the Carrier’s transportation, storage, and other charges, and the shipper will be responsible for the charges not covered by the sales proceeds. If there is a balance remaining after all charges and expenses are paid, the balance will be paid to the owner of the shipment sold. If the goods are perishable and they cannot be delivered or instructions as to their disposition are not given within any reasonable time, Carrier may dispose of the perishable goods in its reasonable judgment.
Fuel Surcharge.
1. All charges for line haul transportation resulting from rates and/or charges, named in these Terms and Conditions or contracts or other tariffs subject to these Terms and Conditions, are hereby or will on their effective dates be increased as provided below.
2. In applying the provisions of this Section, first determine the applicable line haul charge including all applicable increases and/or discounts, if any. The net line haul charge so determined will be further subject to the surcharge provided herein. Fuel surcharges will apply on redeliveries.
3. The net line haul charge will be subject to a fuel surcharge as provided below (See notes A and B). The amount of the fuel surcharge will be determined by the U.S. National Average On-highway Diesel Price as provided by the U.S. Department of Energy (D.O.E.). The current On-highway Diesel Price may be obtained by calling 1-202-586-6966 (24 hours per day).
4. The U.S. National Average On-highway Diesel Price announced each Monday will be utilized to determine the applicable fuel surcharge, which will be adjusted up or down on the succeeding Monday based on the above referenced U.S. D.O.E. On-highway Diesel Price. Example: D.O.E U.S. National Average On-highway Diesel Price announced on Monday, June 3, 2019, will be used to determine the Fuel Surcharge which will become effective on Monday, June 10, 2019.
  
  *For application of the provisions herein, TL is defined as a shipment 1) having a billed or actual weight of 20,000 pounds or more, 2) rated per vehicle used, 3) capacity load shipment, 4) exclusive use shipment.
  
  NOTE A - The term “Line Haul Charges” referred to herein applies to all charges other than accessorial charges.
  
  NOTE B - Subject to a minimum charge of $1.25 per shipment.
  
  **LTL Shipments - When the diesel fuel price exceeds $2,479, then the fuel surcharge will increase .05% for every cent increase in fuel prices on the U.S. National Average. Example: when the index is at least $2,480 but less than or equal to $2,489, the LTL surcharge will be 21.05%, when the index is at least $2,490 but less than or equal to $2,499, the LTL surcharge will be 21.10%.
  
  ***TL Shipments - When the diesel fuel price exceeds $2,479 then the surcharge will increase .10% for every cent increase in fuel prices on the U.S. National Average. Example: when the index is at least $2,480 but less than or equal to $2,489, the TL surcharge will be 42.10%, when the index is at least $2,490 but less than or equal to $2,499, the TL surcharge will be 42.20%.
Shipper Load or Consignee Unload.
1. Customer may load Carrier’s trailers or vehicles when prearranged with Carrier and in such event, Carrier will spot or drop the trailer at the shipper’s loading facility for shipper to load at its convenience. Such loading will subject to the following:
  1. Carrier will include “SL&C” on the Bill of Lading, which indicates the Shipper counted and unloaded the shipment without Carrier’s driver present; provided, however, that the failure to note “SL&C” on the Bill of Lading will not affect the liabilities of the parties if the shipper in fact performed counting and loading without a representative of Carrier present.
  2. Shipper is responsible for properly blocking and bracing the freight.
  3. Upon request, Carrier will provide seals; provided, however, the failure to seal a delivery will not affect these Terms and Conditions.
  4. Carrier will notify shipper’s representatives on Carrier’s approved form of any exceptions within twenty-four (24) hours of the first unloading of the pickup of a shipment. Carrier is not liable for uncountable palletized orders, picked up and delivered with the wrap intact. In the event of a shipper caused shortage, the shipper will allow Carrier to adjust the Bill of Lading accordingly to reflect actual piece count and weight. Carrier is liable for any loss of damage to goods that has not been properly reported unless the loss or damage is of a concealed nature or shortage of any shipper wrapped pallet that was delivered intact. Individual item number, cart number, and purchase order number shortages at delivery are not deemed shortages against Carrier when the handling unit count matches the amount properly reported as received on the trailer.
  5. Carrier shall not decline liability of a claim simply because the Bill of Lading was noted “SL&C.” Carrier has the burden to either provide clear proof of delivery, a properly reported exception, or payment of a claim. Shipper shall not file claims when discrepancies have been properly reported.
  6. Other than normal wear and tear or act of God, shipper has full liability for damages or loss to Carrier’s equipment while in the shipper’s physical possession and shipper shall promptly reimburse Carrier for the cost of repairing or replacing any damaged equipment.
  7. Shipper shall defend, indemnify, and hold Carrier harmless from all claims, damages, losses, costs, fines, penalties, and expenses (including, but not limited to reasonable attorney’s fees) made against Carrier for bodily injury or property damage occurring as a result of the negligence or failure to properly load cargo on Carrier’s trailer.
2. Upon request, Carrier will drop or spot the trailers at the consignee’s facility so that the receiver may unload the trailer or vehicle which will be subject to the following terms and conditions:
  1. Carrier will spot or drop the trailers at the consignee’s designated place of business.
  2. The consignee shall not utilize Carrier’s equipment for any use other than unloading the shipment.
  3. If the consignee does not report to Carrier that the equipment is empty and available for removal, the consignee shall be responsible for detention rules and charges in accordance with Carrier’s then applicable rates.
  4. Equipment in the consignee’s physical possession is at the risk of the consignee except for normal wear and tear or act of God, and the consignee shall promptly reimbursement Carrier for the cost of repairing or replacing damaged equipment.
  5. indicate that the consignee unloaded and counted the shipments without Carrier’s driver present, Carrier will note “consignee unloaded” on the delivery receipt, except Carrier’s failure to so note the consignee unloaded on the delivery receipt does not affect the liability of the parties if the consignee in fact performed the counting and unloading without a representative of Carrier present.
  6. Upon request, Carrier will provide sealed trailers with Carrier’s seal number documented, except the failure to seal a load does not affect the Terms and Conditions contained herein.
  7. The consignee shall notify Carrier by facsimile or email on the Carrier’s delivery receipt or any other preapproved form of any exceptions within twenty-four (24) hours of the trailer being dropped. This does not include weekends or holidays. Carrier is not liable for any exceptions reported after 24 hours of the trailer being dropped.
  8. The Carrier is not liable for uncountable palletized orders picked up and delivered with shrink wrap intact.
  9. The Carrier is only responsible for handling units signed for and tendered by the shipper, and individual item number, carton number, and purchase order shortages are not deemed shortages against Carrier when the handling unit count matches the amount signed for at the time of pick up, or as applicable, properly reported as received on a shipper load and count trailer.
  10. The consignee is responsible for securing all shipments tendered to be unloaded by the consignee.
  11. The Carrier shall not decline a claim simply because the delivery receipt is noted “consignee unload.” Carrier has the burden to provide clear proof of delivery when the documents are returned to Carrier; provided, however, the consignee is responsible for providing a properly reported discrepancy with dated facts, confirmation for payment of the claim, and the consignee shall not file a claim when a discrepancy has not been properly reported.
  12. Carrier will accept liability for any loss or damage to product that has been property reported unless the loss or damage is one of a concealed nature.
Operating Authority. Carrier will generally transport freight tendered to it pursuant to its authority to operate as an interstate motor carrier under MC # 934209; provided, however, Carrier may provide transportation services through its broker authority. In the event Carrier is acting as a broker, Carrier’s liability and obligation shall be as a broker and not a carrier. In the event Carrier is acting as a broker but is listed on the Bill of Lading as a carrier, the designation is for convenience only and is not intended to designate carrier status on Carrier. In operating as a broker, Carrier has no liability for cargo loss and Section 1(a) of the Uniform Straight Bill of Lading, from NMFC Item 365, shall not apply when Carrier operates under its broker authority.
Authorized Representatives. Carrier’s authorized representatives consist only of Carrier’s President and Vice-President. Only the President and Vice President of Carrier have authority to enter into agreements on Carrier’s behalf, to alter existing agreements (including, but not limited to, these Terms and Conditions), to approve rates and pricing, to approve deviation from published contractual or previously agreed upon rates or pricing, to approve adjustments to freight bills or invoices, or to take any other action that would bind Carrier. Any waiver of any provision by Carrier’s authorized representative does not waive any other term or condition contained herein or the same the same term or condition on a different occasion.
General Duties and Obligations.
1. Carrier shall accept, transport, and deliver the goods customer tenders to Carrier for transportation in the ordinary course of Carrier providing transportation services. Carrier is not responsible for any damages direct, indirect, or consequential that are the result of delays in delivery. Notwithstanding the foregoing, Carrier will not accept the following goods for shipment:
  
  Aircraft disk brakes - carbon
  Ammonia Solutions UN2672
  Antique Furniture
  Articles of extraordinary value
  Bank Bills
  Biological products
  Carbon Black 934209
  16
  Coins
  Corpses
  Cream, fresh
  Cultures of Etiologic agents
  Currency
  Deeds
  Diagnostic specimen
  Drafts
  Distilled spirits, wine and beer
  Envelopes or wrappers, government
  Etiologic agents
  Explosives - (Class 1.1,1.2, 1.3,1.5)
  Fruits, fresh
  Furs or fur garments
  Garbage
  Goods where the Consignor/Consignee is U.S.P.S.
  Graphite Powder
  Handguns
  Hazardous Waste
  Jewelry, other than costume or novelty
  Letters, with or without stamps
  Liquids, in bulk, requiring special tank truck equipment
  Live animals
  Live plants
  Meat, fresh
  Medical Waste
  Milk, fresh
  Moving picture films or other films
  17
  Museum exhibits or articles of antiquity
  Nitrocellulose
  Notes
  Original works of art, statues, paintings, fine arts
  Piano(s)
  Poison Gas Div 2.3
  Poisonous / Infectious Substances: Infectious substances div 6.2
  Poison materials (with inhalation toxicity) Zone A Poison materials (with inhalation toxicity) Zone B bulk (over 119 gallons)
  Postage stamps
  Poultry, live
  Precious and semi-precious stones
  Precious metals, including but not limited to gold, silver, platinum, palladium, etc.
  Radioactive substances regulated by the D.O.T.
  Recorded or electronic data and media
  Stamped, in shipments weighing 30,000 pounds or more
  Tires that can be defined as used, defective, scrap, salvage, waste, or otherwise other than new
  Valuable Papers of any kind
  Any Cargo requested to be transported under its own power or towed on its own axle, for example, motor vehicles, motorcycles, caravans, horse boxes and trailers.
  Vegetables, fresh
  
  Because these articles are prohibited, they will not be accepted for transportation. If prohibited articles are inadvertently accepted by Carrier, Carrier's liability will be limited to:
  
  A. If properly described:
  
  Carrier's liability for shipments containing prohibited or restricted articles inadvertently accepted by Carrier shall be limited to the least of the actual value supported by a certified copy of the original invoice, any released value made applicable by the NMF 100 series, or $50,000 per shipment.
  
  B. If not properly described:
  
  If not properly described on the Bill of Lading, Carrier's liability for shipments containing prohibited or restricted articles inadvertently accepted by Carrier shall be limited to the least of the actual value supported by a certified copy of the original invoice, 10 cents ($.10) per pound per package, $500.00 per shipment, or any released value applicable by the NMF 100 series.
2. Freight Liable to Damage Other Freight or Equipment.
  1. Carrier is not obligated to receive and transport freight liable to impregnate or otherwise damage other freight or Carrier's equipment. Such freight may be accepted and signed for "subject to delay for suitable equipment" or may, for lack of suitable equipment, be refused.
  2. Any commodity that causes damage to other freight will result in liability to the shipper for damage caused to Carrier's equipment and to the other freight.
3. The consignee must accept delivery of all goods upon delivery unless the goods are determined to be totally worthless.
4. The customer shall, at its cost and expense, comply with all applicable federal, state, local laws and regulations pertaining to its shipments and is responsible for all costs, liabilities, delays, fines, and expenses (including, but not limited to reasonable attorney’s fees) caused by, resulting from, or otherwise associated with noncompliance by the customer or the customer’s shipment with any law, rule, or regulation.

Updated at 6/20/2019 10:54:37 AM

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