TRIMAC TRANSPORTATION INC.

Transcription

1 TRIMAC TRANSPORTATION INC. Trimac Transportation Inc. U.S. DOT: SCAC: TSUH Trimac Transportation Services (Western), Inc. U.S. DOT: SCAC: TTOS Trimac Transportation Group Inc. U.S. DOT: SCAC: TIXG TRANSPORTATION RULES PUBLICATION 101 SCHEDULE OF CHARGES THESE PROVISIONS APPLY IN CONJUNCTION WITH THE LINEHAUL CHARGES IN PUBLISHED RATE SCHEDULES AND CONTRACTS REFERRING TO RULES 101 BETWEEN ALL POINTS IN THE CONTINENTAL UNITED STATES, MEXICO AND CANADA TITLE PAGE ISSUED: January 15, 2018 Trimac Transportation Inc. P. O. Box Houston, TX EFFECTIVE: January 15, 2018

2 TRIMAC TRANSPORTATION RULES 101 REFERENCE SHEET Description Tariff Amount Barreling or Drumming $ / load Blower Charge $70.00 / load Canadian Operations $ Border Crossing Per Load Border Storage $ ( 0 days free) / day Compartment Trailer $0.50, $ minimum / mile Compartment Trailer Cleaning $50.00 / per compartment cleaned Detention C.O.D. Shipment $25.00 / quarter hour Detention- Loading / Origin (US excluding $25.00 / quarter hour (2.0 hrs allowed time) California locations) Detention- Port of Entry $25.00 / quarter hour Detention- Reconsignment Point $25.00 / quarter hour Detention- Rejection Point $25.00 / quarter hour Detention- Unloading / Destination(US $25.00 / quarter hour (2.0 hrs allowed time) excluding California locations) Detention- Vehicle Order / Not Used $25.00 / quarter hour Detention Loading - California Origin $30.00 / quarter hour (2.0 hrs allowed time) Detention Unloading California $30.00 / quarter hour(2.0 hrs allowed time) Destination Detention- Overnight Layover $ / each (Single Man) $ / each (Team) Detention- Weekend Layover $2, / each (Single Man) $2, / each (Team) Distances - Via Detour Route $2.50 / mile plus applicable fuel surcharge Emergency Services (Per Item 570) Hourly Charges Emergency Services (Per Item 570) Out of Route Miles $125 /hour plus applicable fuel surcharge $2.50 /mile plus applicable fuel surcharge ($600 Minimum) Emergency Services (Per Item 570) Repositioning Charges $2.50 /mile plus applicable fuel surcharge ($600 Minimum) Emergency Services (Per Item 570) $200 /day/driver Subsistence/Hotel Emergency Services (Per Item 570) Repositioning Charges for Cleaning $2.50 /mile plus applicable fuel surcharge ($600 Minimum Emergency Services (Per Item 570) Cleaning Charges Actual Cost or Contract Cost The higher of contract cost or actual cleaning charges Heel Disposal $20.00 / gallon (2 gallons free) Helper $65.00 / hour (6 hour minimum) Hose (Pneumatic or Standard) $60.00 / per section or length (40 ft. free) (All Others) $60.00 / per section or length Hourly Charges for Local Hauling (US excluding California locations) Tractor Service Only $75.00 / hour (8 hour minimum) Tractor/Trailer Ser vice $85.00 / hour (8 hour minimum) Tractor/Self-Loading Trailer $ / hour (8 hour minimum) Hourly Charges for Local Hauling (California locations only) Tractor Service Only $ / hour (8 hour minimum) Tractor/Trailer Ser vice $ / hour (8 hour minimum) Tractor/Self-Loading Trailer $ / hour (8 hour minimum) In-Transit Heat $ / load Mexico Operations Border Crossing $375 Border Crossing Per crossing 2

3 Mexico Operations Trailer Usage $400 /flat includes 4 days free in Mexico $200 /day after 4 days free Prep charge for Isocyanates $ / each Pump and/or Air Service $70.00 / if ordered regardless if used or not Reconsignment $ / each Redelivery $ to 100 miles 85% of applicable mileage rate, subject to $ to 150 miles $ min Over 150 miles Rejected Shipments 50% of outbound freight rate subject to a min of $2.00 per loaded mile, plus fsc Reposition of Equipment (US excluding $2.20 / mile ($ minimum) plus applicable fsc California locations) Reposition of Equipment(California locations) $2.45 / mile ($ minimum) plus applicable fsc Self-load Transfer $0.65 / cwt (45,000 Minimum) Service Truck When needed to furnish $90.00 / hour (6 hour Minimum) additional hose Spotting Trailers (US excluding California $2.20 / mile ($ minimum) plus applicable fsc locations) Spotting Trailers(California locations) $2.45 / mile ($ minimum) plus applicable fsc Steaming and/or Glycol Recirculation(Process of)(us excluding California locations) $25.00 / quarter hour Steaming and/or Glycol Recirculation(Process of)(california locations) $30.00 / quarter hour All other accessorials, including but not limited to, detention, storage, or layovers will be charged per Rules 101 where applicable. Stop-Off Charge $ / each Storage $ / day Holiday $ / per shipment Team or Relay Charge $0.50 ( $ minimum per load) / loaded mile Vehicle Furnished / Not Used (US excluding $2.20 ( $ min) / running mile plus applicable fuel surcharge California locations) Vehicle Furnished / Not Used (California $2.45 ( $ min) / running mile plus applicable fuel surcharge locations) Weighing Charge $45.00 per scale ticket 3

4 TABLE OF CONTENTS ITEM 100 GOVERNING PUBLICATIONS (Revised)... 6 ITEM 101 DEFINITION OF A GALLON... 6 ITEM 102 DEFINITION OF A SHIPMENT... 6 ITEM 150 APPLICATION OF RULES GENERAL... 6 ITEM 160 APPLICATION OF RATES TO AND FROM CANADA AND MEXICO... 6 ITEM 161 APPLICATION OF RATES COMPUTATION OF FREIGHT CHARGES (Revised)... 6 ITEM 345 DRUMMING OR BARRELING OF LIQUID COMMODITIES... 7 ITEM 360 WAYBILL OR BILL OF LADING... 7 ITEM 361 CUSTOMER ORDER FORM, WAYBILL OR BILL OF LADING CONTRACT, TERMS AND CONDITIONS... 7 Section Section Section Section Section Section Section Section Section Section ITEM 400 MEXICO TRAILER OPERATIONS (Revised Removal of MX Trailer Usage fee) ITEM 405 CARRIER S LIABILITY ITEM 407 CLAIMS LOSS OR DAMAGE TO PROPERTY, OVERCHARGE, DUPLICATE PAYMENT/OVER- COLLECTION OF FREIGHT CHARGES AND STATUTE OF LIMITATIONS ITEM 415 COMMODITY DESCRIPTIONS ITEM 430 C.O.D. SHIPMENTS ITEM 435 CONTAMINATION OR MIXTURE OF PRODUCTS ITEM 485 REPOSITIONING EQUIPMENT (Revised) ITEM 500 DETENTION OF VEHICLES (Revised) ITEM 501 UNDELIVERABLE SHIPMENTS POSTPONED OR TEMPORARILY UNDELIVERABLE STANDBY LAYOVER REDELIVERY - FINAL DELIVERY AFTER REMOVAL OF DRIVER(S) FROM SHIPMENT REFUSED SHIPMENT RECONSIGNMENT OR DIVERSION REJECTED SHIPMENT STOPPED IN TRANSIT AND RETURNED DUE TO CANCELLATION OF ORDERS PRODUCT LEFT IN TANK TRAILER AFTER DELIVERY ITEM 502 DETENTION WAITING AT PORT OF ENTRY (Revised)

5 ITEM 510 DISTANCES METHOD OF COMPUTING (Revised) ITEM 511 DISTANCES VIA DETOUR ROUTE (Revised) ITEM 521 AVAILABILITY OF EQUIPMENT ITEM 550 FUEL SURCHARGE (Revised) ITEM 567 STEAMING AND/OR GLYCOL RECIRCULATION (Revised Previously Heating Service) 20 Stationary In-Transit Heat ITEM 569 HOSE CHARGE (Revised) ITEM 570 IMPRACTICABLE OPERATIONS ITEM 700 MULTI-COMPARTMENT TRAILER CHARGE ITEM 754 PICK-UP OR DELIVERY SERVICE HOLIDAYS (Removed Sunday ) ITEM 760 PORT OR WHARFAGE CHARGES ITEM 770 PREPAYMENT OF CHARGES ITEM 773 HEEL PRODUCT DISPOSAL ITEM 774 PUMP, AIR SERVICE AND/OR BLOWER ITEM 775 TANK CLEANING CHARGES (Revised) ADDITIONAL CLEANING AND DISPOSAL RATES AND TERMS ITEM 776 PREP CHARGE FOR ISOCYANATES ITEM 846 REISSUED MATTER ITEM 848 RELEASED VALUE ITEM 860 RETURN LOADS, ROUND TRIPS AND PRE-ARRANGED BACKHAULS ITEM 890 STRIKE OR LABOR DISRUPTION RULE ITEM 892 SELF LOADING/VACUUM TRAILERS ITEM 893 TEAM OR RELAY CHARGE (Revised) ITEM 894 TRANSFER MACHINE - VACUUM ITEM 895 SPOTTING AND STORAGE (Revised) ITEM 900 STOP-OFF FOR PARTIAL LOADING AND/OR UNLOADING ITEM 910 LOCAL ACTIVITIES - SPECIAL SERVICE RULES FOR (Revised) ITEM 957 TOLLS (Revised) ITEM 985 VEHICLES FURNISHED BUT NOT USED, CANCELLATION OF ORDER (Revised) ITEM 990 WEIGHING VEHICLES (Revised) ITEM 1010 PAYMENT TERMS

6 ITEM 100 GOVERNING PUBLICATIONS (Revised) These rules are governed except as otherwise provided herein, by the following described tariffs and successive issues thereof. PRODUCT LINE TARIFF APPLICATION TARIFF NO. Chemical Household Goods Carriers Bureau Current Version Dry Bulk ALK Practical Current Version Oilfield Services Odometer Miles Industrial Gas Odometer Miles ITEM 101 DEFINITION OF A GALLON Gallon means a standard United States gallon containing 231 cubic inches. ITEM 102 DEFINITION OF A SHIPMENT Shipment means freight loaded on one vehicle on one day by one shipper covered by one (COF), Waybill or Bill of Lading and consigned to one consignee at one destination. Exception: Multiple destinations and/or consignees are allowed when the shipper designates them on the COF, Waybill or Bill of Lading. See Item 900. ITEM 150 APPLICATION OF RULES GENERAL Rules, regulations and charges shown herein cover transportation of shipments moving under contracts and price lists making reference hereto. All charges are in U.S. Funds ITEM 160 APPLICATION OF RATES TO AND FROM CANADA AND MEXICO On traffic to and from points in Canada and Mexico, the rates apply as proportional rates to and from the United States ports of entry at the Canadian and Mexican borders, and also to and from Canadian and Mexican points as authority applies. The consignor shall advise the carrier at the time of loading the route and the United States port of entry to be used for movement beyond to United States border. If the consignor fails to advise or choose not to advise the port of entry and/or route beyond the border, the carrier will do so as a convenience to the consignor. Upon selection of such route and/or port of entry by the carrier for the convenience to the consignor, the consignor accepts such route and/or port of entry as his own routing without recourse to the carrier. A border crossing fee of $ will apply on Canadian shipments. (See Item 400 for Mexico crossing charges.) ITEM 161 (Revised) APPLICATION OF RATES COMPUTATION OF FREIGHT CHARGES Freight charges are computed on the basis of the applicable rate as provided in price lists 6

7 referring to these rules, multiplied by the applicable mileage, weight factor and/or the actual gross gallons transported subject to the specified minimum. For all shipments originating in California, California linehaul, fuel surcharge, and accessorials will be charged. Where HazMat routing is required, all applicable linehaul, fuel surcharge, and accessorials will be charged where applicable. All rates are in U.S. Funds. ITEM 345 DRUMMING OR BARRELING OF LIQUID COMMODITIES When liquid commodities are unloaded from carrier s transporting vehicle into containers of less than 500 gallons the barreling charges are $ per shipment including the use of carrier s pump. Barreling or drumming is not permitted on: (1) Any Class B Poisons (2) Corrosive Liquids which require the use of DOT 404, 407, 410, 411 or 412 vehicles and D.O.T. number equivalents. (3) Products subject to spillage fines under Public Law ITEM 360 WAYBILL OR BILL OF LADING Upon receipt of freight, carrier, or agent of carrier, shall issue and deliver to the shipper a, Waybill or Bill of Lading, which is subject to the contract terms and conditions set forth in Item 361. Such Waybill or Bill of Lading shall show the name of shipper, point of origin, commodity description, name of consignee, and destination of shipment. If the shipment is prepaid, the shipper bill of lading shall so state. ITEM 361 CUSTOMER ORDER FORM, WAYBILL OR BILL OF LADING CONTRACT, TERMS AND CONDITIONS Section 1 All shipments are subject to the following terms and conditions. Contract Terms and Conditions: (a) The carrier or party in possession of any of the property herein described shall be liable as to common law for any loss thereof or damage thereto, except as hereinafter provided. (b) No carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto or delay caused by the act of God, the 7

8 Section 2 public enemy, the authority of law, or the act of default of the shipper or owner, or for natural shrinkage. The carrier s liability shall be that of warehouseman, only for loss, damage, or delay caused by fire occurring after the expiration of the free time (if any) allowed by the rules applying (such free time to be computed as therein provided) after notice of the arrival of the property at destination or at the port of export (if intended for export) has been duly sent or given and after placement of the property for delivery at destination, or tender of delivery of the property to the party entitled to receive it has been made. Except in case of negligence of the carrier or party in possession (and the burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier or party in possession shall not be liable for loss, damage or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party entitled to make such request, or resulting from a defect or vice in the property, or for country damage to cotton, or from riots or strikes. Except in case of carrier s negligence, no carrier or party in possession of all or any of the property herein described shall be liable for delay caused by highway obstructions, faulty or impassable highway, or lack of capacity of any highway, bridge or ferry, and the burden to prove freedom from such negligence shall be on the carrier or party in possession. (c) In case of quarantine the property may be discharged at risk and expense of owners into quarantine depot or elsewhere, as required by quarantine regulations or authorities, or for the carrier s dispatch at nearest available point in carrier s judgment, and in any such case carrier s responsibility shall cease when property is so discharged, or property may be returned by carrier at owner s expense to shipping point, earning freight both ways. Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of the property or by a lien thereon. The carrier shall not be liable for loss or damage occasioned by fumigation or disinfecting or other acts required or done by quarantine regulations or authorities even though the same may have been done by carrier s officers, agents, or employees, nor for detention, loss, or damage of any kind occasioned by quarantine or the enforcement thereof. No carrier shall be liable, except in case of negligence, for any mistake or inaccuracy in any information furnished by the carrier, its agents, or officers, as to quarantine laws or regulations. The shipper shall be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regulations in effect at such place. (a) No carrier is bound to transport said property by any particular schedule, train, vehicle or vessel, or in time for any particular market or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or rules upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered whether or not such loss or damage occurs from negligence. (b) As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier issuing this, or carrier on whose line the loss, damage, injury or delay occurred, within nine months after delivery of the property (or, in the case of export traffic, within nine months after delivery at port of export), or in case of 8

9 Section 3 Section 4 failure to make delivery, then within nine months after a reasonable time for delivery has elapsed; and suits shall be instituted against any carrier only within two years and one day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid. (c) Any carrier or party liable on account of loss or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property, so far as this shall not avoid the policies or contracts of insurance provided that the carrier reimburses the claimant for the premium paid thereon. Notwithstanding any certification by the carrier on the face hereof given in accordance with the hazardous materials regulations, where the shipper, owner, or party entitled to make such request, requests, and accepts for loading equipment of a particular type or specification, and carrier furnishes the equipment so requested, clean, tight and in good order, carrier shall not be liable for loss or damage to the property which is caused by the use of equipment of the type or specification requested. (a) Property not removed by the party entitled to receive it within the free time (if any) allowed by rates and rules, (such free time to be computed as therein provided), after notice of the arrival of the property at destination or at the port of export (if intended for export) has been duly sent or given, and after placement of the property for delivery at destination has been made, or property not received, at time tender for delivery of property to the party entitled to receive it has been made, may be kept in vessel, vehicle, car, depot, warehouse or place of business of the carrier, subject to the rates and rules charge for storage and to carrier s responsibility as warehouseman, only at the option of the carrier, may be removed and stored in a public or licensed warehouse at the point of delivery or other available point, or if no such warehouse is available at point of delivery or at other available point, then in other available storage facility, at the cost of the owner and there held without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. In the event consignee cannot be found at address given for delivery, then in the address given for delivery and mailed to any other address given on the shipper s Bill of Lading for notification, showing the warehouse in which such property was placed, subject to the provisions of this paragraph. (b) Where nonperishable property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it, upon tender of delivery, or said consignee or party entitled to receive it fails to receive or claim it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder, at such place as may be designated by the carrier; provided, that carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if disposition is not arranged for, and shall have published notice containing a description of the property, the name of the party to be notified, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published provided that 30 days shall have 9

10 elapsed before publication of notice of sale after said notice that the property was refused or remains unclaimed was mailed, sent or given. Section 5 Section 6 (c) Where perishable property which has been transported hereunder to destination is refused by consignee or party entitled to receive it, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale: provided, that if time serves for notification to the consignor or owner of the refusal of the shipment or the failure to receive it and request for disposition of the property, such notification shall be given, in such manner as the exercise of due diligence requires, before the property is sold. (d) Where the procedure provided for in the preceding two paragraphs is not possible, it is agreed that nothing contained in said paragraphs shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law. (e) The proceeds of any sale made under this section shall be applied by the charges and the expense of notice, advertising, sale, and other necessary expense and caring for and maintaining the property, if proper care of same requires special expense, and should there be a balance it shall be paid to the owner of the property sold hereunder. (f) Property destined to or taken from a station, wharf, landing or other place at which there is no regularly appointed freight agent shall be entirely at risk of owner after unloaded from cars, vehicles or vessels or until loaded into cars, vehicles or vessels, and except in case of carrier s negligence, when received from or delivered to such stations, wharves, landings or other places, shall be at owner s risk until the cars are attached to and after they are detached from locomotive or train or until loaded into and after unloaded from vessels, or if property is transported in motor vehicle trailers or semi-trailers, until such trailers or semi-trailers are attached to and after they are detached from power units. Where a carrier is directed to unload or deliver property transported by motor vehicle at a particular location where consignee or consignee s agent is not regularly located, the risk after unloading, or delivery, shall be that of the owner No carrier hereunder will carry or be liable in any way for any documents, species, or for any articles of extraordinary value not specifically rated in the published classification or rules unless a special agreement to do so and a stipulated value of the articles are endorsed hereon. Every party whether principal or agent, shipping explosives or dangerous goods subject to the Hazardous Materials regulations of the U. S. Department of Transportation, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss or damage caused by such goods, and such goods may be warehoused at owner s risk and expense or destroyed without compensation. 10

11 Section 7 Section 8 Section 9 The owner or consignee shall pay the freight and average, if any, and all other lawful charges accruing on said property; but, except in those instances where it may lawfully be authorized to do so, no carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading until all rates and charges thereon have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier, contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for such charges. Provided, that where the carrier has been instructed by the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of said property (beyond those billed against him at the time of delivery for which his is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and has not beneficial title in said property, and (b) prior to delivery of said property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title: and, in the case of a shipment re-consigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner of said property; and, in such cases the beneficial owner shall be liable for such additional charges. Nothing herein shall limit the right of the carrier to require at the time of shipment the prepayment of guarantee of the charges. If upon inspection it is ascertained that the articles shipped are not those in this bill of lading, the freight charges must be paid upon the articles actually shipped. If the, Waybill or Bill of Lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper s signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this Bill of Lading/ as fully as if the same were written or made in or in connection with this Bill of Lading/. (a) If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to all the terms and provisions of, and all the exemptions from liability contained in, the Act of the Congress of the United States, approved on February 13, 1893, and entitled An Act relating to the navigation of vessels, etc. and other statutes of the United States according carriers by water the protection of limited liability, and to the conditions contained in this bill of lading not inconsistent therewith or with this section. (b) No such carrier by water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers or breakage of shafts, unless caused by the design or neglect of such carrier. (c) If the owner shall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped and supplied, no such carrier shall be liable for any loss or damage resulting from the perils of the lakes, seas, or other waters, or from latent defects in hull, machinery, or appurtenances whether existing 11

12 Section 10 prior to, at the time of, or after sailing, or from collision, stranding, or other accidents of navigation, or from prolongation of the voyage. And, when for any reason it is necessary, and vessel carrying any or all of the property herein described shall be at liberty to call at any port or ports, in or out of the customary route, to tow or be towed, to transfer, trans-ship, or lighter, to load and discharge goods at any time, to assist vessels in distress, to deviate for the purpose of saving life or property, and for docking and repairs. Except in case of negligence such carrier shall not be responsible for any loss or damage to property if it be necessary or is usual to carry the same upon the deck. (d) General Average shall be payable according to the York-Antwerp Rules of 1924, Sections 1 to 15, inclusive, and Sections 17 to 22, inclusive, and as to matters not covered thereby according to the laws and usage of the Port of New York. If the owners shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped and supplied, it is hereby agreed that in case of danger, damage or disaster resulting from faults or errors in navigation, or in the management of the vessel, or from latent or other defects or the unseaworthiness was not discoverable be the exercise of due diligence, the shippers, consignees, and/or owners of the cargo, and shall contribute with the ship owner in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be make or incurred for the common benefit or to relieve the adventure from any common peril. (e) If the property is being carried under rules which provide that any carrier or carriers party thereto shall be liable for loss from perils of sea, then as to such carrier or carriers the provisions of this section shall be modified in accordance with the rules provisions, which shall be regarded as incorporated into the conditions of this Bill of Lading/. (f) The term water carriage in this section shall not be construed as including lighterage in or across rivers, harbors, or lakes, when performed by or on behalf of carriers other than water. Any alteration, addition, or erasure in this Bill of Lading/ which shall be made without the special notation hereon of the agent of the carrier issuing this Bill of Lading/, shall be without effect, and this Bill of Lading/ shall be enforceable according to its original tenor. ITEM 400 fee) MEXICO TRAILER OPERATIONS (Revised Removal of MX Trailer Usage While shipment is in Mexico, all applicable Mexican laws will apply to both equipment and contents. Rates schedules or contracts which do not have specific charges for clearing customs into Mexico and are governed by these rules will be assessed a $ Border Crossing Fee. Trailers entering Mexico will be charged $400 USD for a trailer usage fee with four (4) free days. A charge of $200 per day will apply on day five and each day thereafter until the trailer is returned to the border. allowed zero (0) free days in Mexico after which a charge of $ USD per day will be assessed until the trailer is returned to the border. Time begins when the trailer is dropped at Mexican Carrier s yard for furtherance into Mexico. These Fees will be in addition to any other applicable charges and will be paid by the party responsible for payment of the line-haul freight charges. 12

13 ITEM 405 CARRIER S LIABILITY The liability of the carrier shall be limited to the Contract Terms and Conditions contained in Item 361. Upon arrival of the carrier s unit at shipper s or consignee s premises, the shipper or consignee shall assume the responsibility of examining and validating, bill of lading, shipping orders, waybills and other documents connected with the shipment. The shipper or consignee is responsible for directing the unit to the proper loading or unloading facilities, including receiving and discharge lines to storage tanks, parking areas and any other movement or actions connected with the loading procedure required of the driver and unit in order to perform the transportation service. ITEM 407 CLAIMS LOSS OR DAMAGE TO PROPERTY, OVERCHARGE, DUPLICATE PAYMENT/OVER- COLLECTION OF FREIGHT CHARGES AND STATUTE OF LIMITATIONS Claims for loss or damage to property, overcharge, duplicate payment/over-collection of freight charges will be processed as prescribed in 49 CFR 1005 and 49 CFR Claims will be acknowledged only when the party who paid the freight charges files the claim. Claims presented by other parties are not accepted. Claims for overcharge must be filed with the carrier on standard forms within 1 year of the invoice date and must be accompanied by the following supporting documents: (1) Original shipper bill of lading / shipping order; (2) Original paid invoice and carrier s accompanying /freight bill; (3) Weight ticket if the claim is based on weight; (4) Complete description of the rate, classification, or commodity basis claimed; (5) Any other documents which are necessary to prove the validity of the claim. Exception: Claims based on shipments which are billed with EDI need only be accompanied by the shipper s bill of lading / shipping order. ITEM 415 COMMODITY DESCRIPTIONS Each person who offers a commodity for transportation shall furnish the carrier with a full commodity description on the shipping paper, bill of lading and/or shipping order. Each person who offers a hazardous material for transportation shall furnish the carrier with the proper hazardous materials description and its hazard class as set forth in the Hazardous Materials Tariff ATA-111, supplements thereto and reissues thereof, and in accordance with 49 CFR 172, Subpart C governing shipping papers. When the commodity word description differs from the hazardous materials description and its hazard class, both descriptions shall be shown on the shipping paper, bill of lading and/or shipping order, provided the commodity word description is not inconsistent with 13

14 the required hazardous materials description. The hazardous materials description and its hazard class must be shown first and the commodity word description shown last. ITEM 430 C.O.D. SHIPMENTS C.O.D. shipments must be prepaid and will be accepted under the following conditions: (a) Bills of lading and shipping orders must be plainly endorsed C.O.D. Shipment, with the amount to be collected inserted. Instructions, including any revisions, must be in writing; oral instructions are not acceptable or valid. (b) Only checks or money orders made payable to the consignor or other party named on the bill of lading or shipping order as payee will be accepted by carrier in payment of a C.O.D. shipment. Uncertified checks made payable as set forth above will be accepted unless written instructions for some other means of payment are issued by consignor at or before time of shipment. (c) The charge for collecting and remitting the amount of each C.O.D. bill collected on shipments consigned C.O.D. as prescribed herein shall be as follows: $ (d) In the handling of a C.O.D. shipment, carrier shall immediately, upon collection of all amounts, and in no event later than 48 hours after delivery to consignee, unless otherwise instructed by the consignor, remit to the consignor or other party named on the bill of lading or shipping as payee, all amounts collected by it on such shipments. (e) Time consumed waiting for orders under this item will be considered part of the unloading time and detention charges will be assessed as provided in Item 500 (Detention of Vehicles). (f) The carrier shall maintain a record of all C.O.D. shipments handled which will show the following information: (1) Number and date of Bill of Lading and Freight Bill. (2) Name and address of consignor or other person designated as payee. (3) Name and address of consignee. (4) Date shipment delivered. (5) C.O.D. amount collected. (6) Date when C.O.D. amount was remitted to payee. (7) Check number of other identification of remittance to payee. (g) Provisions of this item will relate to a reasonable effort on the part of carrier s representatives to collect C.O.D. funds; it is not a guarantee of performance. Carrier accepts no liability for failure to collect specified funds as a result of poor instructions on the part of the consignor, or resulting from uncooperative actions on the part of other involved parties. ITEM 435 CONTAMINATION OR MIXTURE OF PRODUCTS Contamination or mixture of products must be reported to the carrier in writing within seventy-two (72) hours after delivery of the shipment purported to be contaminated or mixed with other products. 14

15 ITEM 485 REPOSITIONING EQUIPMENT (Revised) (Removed subsistence charges and added to section 570) For US locations, excluding California locations, when carrier is required to dispatch equipment to perform transportation service from a point where carrier s equipment is not domiciled, the charge is $2.20 per mile, with a minimum of $260.00, in addition to all other charges unless allowance for such service is already included in the linehaul rate. Applicable fuel surcharge will apply. For California locations, when carrier is required to dispatch equipment to perform transportation service from a point where carrier s equipment is not domiciled, the charge is $2.45 per mile, with a minimum of $325.00, in addition to all other charges unless allowance for such service is already included in the linehaul rate. Applicable fuel surcharge will apply. Determination of the charge applies to the collective mileage from point of dispatch of the equipment to site of loading, to destination and return to initial point of dispatch of the equipment which is in excess of the mileage from site of loading to destination and return to site of loading. Carrier shall notify the shipper the location of suitable equipment prior to dispatch thereof. Also see Item 895 Spotting and Storage ITEM 500 DETENTION OF VEHICLES (Revised) Two (2) hours is allowed for loading and two (2) hours for unloading. Time consumed by delays caused by shipper or consignee beyond carrier s control, in excess of time allowed for loading or unloading, will accrue demurrage at the rate of $25.00 per quarter hour or portion thereof, and rounded to the nearest half hour. All detention charges for loading and unloading will be the responsibility of the shipper of record. For detention occurring in California, time consumed by delays caused by shipper or consignee beyond carrier s control, in excess of time allowed for loading or unloading, will accrue demurrage at the rate of $30.00 per quarter hour or portion thereof, rounded to the nearest half hour. All detention charges for loading and unloading will be the responsibility of the shipper of record. Loading or unloading time begins at the time carrier tenders his vehicle to consignor or consignee for loading or unloading either on the premises designated by consignor or consignee or as close thereto as conditions on said premises will permit and shall continue until all loading or unloading connections have been removed, all necessary shipping documents have been executed and the vehicle is released to depart. Driver records the time consumed in each step of loading or unloading on the Waybill or Bill of Lading including the reasons for any delay. A copy of the, Waybill or Bill of Lading accompanies the invoice to support demurrage and other charges When carrier s equipment arrives at stop-off or final destination before the time of arrival specified on bill of lading, time between actual arrival time and time specified for delivery is not detention time. If consignee chooses to accept the shipment ahead of the specified time and instructs the driver to unload, unloading time begins when consignee accepts. 15

16 Shipments requiring stops for partial loading are allowed one (1) hour at the initial loading point. Shipments requiring stops for partial unloading are allowed one (1) hour at the initial unloading point. All time after exceeding one-hour will be billed at the quarter hour detention rate of $25.00 Shipments in California, requiring stops for partial loading are allowed one (1) hour at the initial loading point. Shipments requiring stops for partial unloading are allowed one (1) hour at the initial unloading point. All time after exceeding onehour will be billed at the quarter hour detention rate of $ Time spent waiting for orders for the following reasons is part of the loading or unloading time and detention charges accrue, except no free time is allowed. (1) Diversion or reconsignment (2) Vehicles ordered and subsequently canceled (3) Refused shipments (4) Stopped in Transit (5) Product Left in Tank Trailer (6) Postponed Delivery (7) Rejected shipments (8) C.O.D. shipments ITEM 501 UNDELIVERABLE SHIPMENTS When attempted delivery according to the original terms of the shipper bill of lading is not accepted by the consignee, or if the shipment is redirected in transit, the change in delivery arrangements will result in additional charges, depending on the following circumstances: POSTPONED OR TEMPORARILY UNDELIVERABLE When due to conditions over which the carrier has no control, the consignee cannot initiate or complete loading or unloading, thereby causing the vehicle to remain at loading point, final destination, stop-off point, or vicinity thereof until the next day or later to complete unloading, additional charges will apply based upon consignee s election of: STANDBY When instructions are received in transit before attempting delivery or if instructions are received after arrival at the unloading site to remain in the vicinity to await unloading instructions, detention time will commence from the originally scheduled delivery time unless the shipment arrived more than one-half (1/2) hour after the scheduled delivery time, in which event the consignee will be accorded a total of two (2) hours total time from 16

17 the time of arrival. Detention time will continue to accrue until 5:00 p.m., or as long as the driver(s) are required to remain on standby duty, to accomplish complete unloading of the shipment LAYOVER When unloading has not been completed by 5:00 p.m., the driver(s) may be released from standby duty by the shipper or consignee with instructions to remain in the vicinity for delivery on a later date. The following charges will apply: (Note: If driver(s) are released effective 5:00 p.m. and then brought back before the end of that day, the provisions under STANDBY will apply providing it is practical for the driver(s) to comply with such revised instructions.) (1) Elapsed time between 5:00 p.m. to 8:00 a.m. for which the vehicle is not actively engaged in loading or unloading is charged $ for a single driver operation and $ for a two-driver team. (2) Elapsed time between Friday afternoon 5:00 p.m. to Monday morning 8:00 a.m. if the vehicle is not actively engaged in loading or unloading is charged $2, for a single driver operation or $2, for a two-driver team REDELIVERY - FINAL DELIVERY AFTER REMOVAL OF DRIVER(S) FROM SHIPMENT When shipper or consignee elect not to hold over the driver(s) on a delivery that cannot be fully unloaded according to the original delivery schedule terms, the loaded trailer may be left in the vicinity of the unloading site, if practical, for subsequent completion of delivery. Storage charges in Item 895 will apply if the trailer does not proceed to delivery within 24 hours from the original delivery time. Redelivery charges are assessed based upon the total mileage from the starting location of the redelivery driver to the unloading site: 0 to 100 miles $ to 150 miles $ Over 150 miles 85% of applicable mileage rate, subject to $ min Unloading free time is one (1) hour. Tank cleaning charges are not applicable to the redelivery REFUSED SHIPMENT When consignee does not accept delivery according to the original order terms, the driver(s) will be placed on standby status in the vicinity of the delivery point awaiting further instructions from the shipper. The time spent awaiting instructions will be included in the total determination of charges resulting from the application of disposition choices contained elsewhere in these Rules RECONSIGNMENT OR DIVERSION Shipments moving on rates governed by this tariff may be diverted or reconsigned in 17

18 transit or at billed destination, subject to the following provisions: (1) The term diversion or reconsignment means a change in the name of consignee and/or destination of the entire shipment, or any other instructions given to the carrier requiring an addition to or change in billing necessary to effect delivery, or involving an additional movement of equipment. (2) The charge for diversion or reconsignment as defined in this rule will be $ for each diversion or reconsignment in addition to all other applicable charges. (3) On shipments diverted or reconsigned to a place of unloading within the corporate limits of the municipality to which the shipment was originally consigned, the applicable rate from point of origin to destination will apply in addition to the charge provided in paragraph (b) above and all time consumed after the initial tender for delivery at the original consigned destination point through final completion of unloading at the reconsigned destination point shall be subject to charges and provisions of Item 500 (Detention of Vehicles and/or Overnight Layovers). (4) On shipments diverted or reconsigned to a place of unloading not within the corporate limits of the municipality to which the shipment was originally consigned, the applicable rate shall be determined from mileage scales or rates in Item 1000 based on the mileage from point of origin to final destination over the route of actual movement as per shipper s or consignee s instructions, computed from the governing mileage guide, and will apply in addition to the charges provided in paragraph (2) above. (5) Shipments moving under the provisions of this item must be prepaid. If delivery had been tendered the reconsignment or diversion is not entitled to the free time allowance REJECTED SHIPMENT If, through no fault of the carrier, consignee rejects a shipment, or any part thereof, prior to release or departure of carrier s equipment from the point of rejection, the carrier will immediately notify the shipper and request disposition. If the shipper elects to have the load returned to the location where it was accepted for transportation by the carrier, the rate for the return will be 50% the outbound rate, subject to the same minimum weight or minimum number of gallons applicable to the outbound rate and in no case will the rejected shipment move at less than $2.00 per line haul mile plus applicable fuel surcharges. If the shipper requests the carrier to dispose of the rejected shipment, the carrier will do so at shipper s expense. The same mileage rates will apply to any additional miles; the unloading for disposal is not entitled to the free time allowance. When a consignee rejects a shipment or any part thereof after the release and departure of carrier s equipment from the delivery point, the shipment is not rejected and does not have access to the 50% outbound of rate. If the shipper places a new shipping order, carrier will transport the load to shipper s new destination at the appropriate rate. Shipments moving under the provisions of this rule will be prepaid shipments regardless of the terms set forth on the shipper bill of lading. All charges, including accessorial 18

19 charges resulting from the movement under this rule will be billed to the shipper STOPPED IN TRANSIT AND RETURNED DUE TO CANCELLATION OF ORDERS When shipper issues instructions to terminate a shipment that is already in transit but not yet at the destination, the shipment will be rated according to the rate base miles traveled from origin of the shipment to the point at which the termination instructions were received by the driver(s). Rates from the general application mileage table contained in the Transportation Agreement will apply, or in the absence of such provision, rates in Item 1000, will apply. Upon return to origin, unloading free time will be allowed according to the provisions governing the original shipment; less any time spent awaiting final instructions at the turnaround point. Tank cleaning charges, if any, will apply according to the original shipment provisions PRODUCT LEFT IN TANK TRAILER AFTER DELIVERY When the estimated amount of product residue (heel) remaining in the tank trailer exceeds five (5) gallons, or a greater maximum mutually agreeable to the transportation parties and Carrier, the driver will remain at the site, or in the vicinity, awaiting disposition instructions from the involved parties. Time spent awaiting instructions will be included in the total determination of charges resulting from the application of disposition choices contained elsewhere in these Rules: (1) Return of product to the shipment origin will be handled under the Rules for RETURN LOADS. (2) Off-loading of product at the original shipment destination will be included within the provisions of the original shipment charges. (3) Transportation of the remaining product to another site will be handled under the Rules for RECONSIGNMENT. The disposal of the residue (heel) at the second site is subject to the charge in Item 773. ITEM 502 DETENTION WAITING AT PORT OF ENTRY (Revised) Carrier charges $25.00 per quarter hour or fraction thereof per vehicle for waiting-time at a port of entry for shipments to or from Canada or Mexico, in addition to other charges; regular detention does not apply. ITEM 510 DISTANCES METHOD OF COMPUTING (Revised) Methods of mileage calculation between origins and destinations will be computed as outlined in Item 100. Where state, federal or municipal regulations prohibit transportation via any road, bridge, tunnel or ferry makes it impractical or unsafe to use the shortest direct route, carrier will 19

20 determine the distance and rate over the next shortest available route. Louisiana roads and highways within the boundaries formed by U.S. 61, U.S. 51 and IH 12 will not be used for computing shortest distances. Carrier will only use roads within this area to pick up or deliver and then only to the extent necessary between a pick-up or delivery point and the nearest Interstate Highway, U.S. Highway or primary State Highway (including expressway or turnpike) which lies outside these boundaries. ITEM 511 DISTANCES VIA DETOUR ROUTE (Revised) When the shortest route from origin to destination is closed due to flooding, washout, construction or other temporary conditions beyond the control of the carrier, carrier will route the load via the most practical highway distance over which the shipment can actually be transported and will bill accordingly. Additional miles will be invoiced as a separate line item at $2.50 per mile plus applicable fuel surcharge. Carrier will notify shipper about the use of any detour route, and note the detour on the shipping documents, unless communication during emergencies is otherwise dictated or agreed upon between carrier and customer. ITEM 521 AVAILABILITY OF EQUIPMENT Nothing in these rules shall be construed as requiring carrier to transport property or furnish service for which it does not have suitable or sufficient equipment, nor to accept shipments when equipment is not available. ITEM 550 FUEL SURCHARGE (Revised) The surcharge is in effect whenever the weekly U.S. Department of Energy (DOE) national average, except for shipments originating in California, of self-service diesel fuel is above cents per gallon. For shipments originating in California, the California index will apply. The DOE index on Monday of each week serves as the basis for fuel surcharge determination. Revisions to the surcharge will apply to shipment dates beginning on Wednesday of the same week of its re-calculation. The fuel charge will appear as a separate line item on each invoice; payment terms are the same as those for line haul and other charges. ITEM 567 STEAMING AND/OR GLYCOL RECIRCULATION (Revised Previously Heating Service) Stationary When hot water, steam is required to heat commodities in order to accomplish loading or unloading at temperature requested by shipper or consignee, such power or heat will be furnished by the shipper or consignee. If power or heat is furnished by the shipper or consignee or if the shipper or consignee arranges to pay directly for the cost of such heating at a location outside the consignee s plant, a charge of $50.00[+] for each 30 minutes or fraction thereof is assessed by the carrier for the time required to heat the commodity, including travel time between the consignee s plant and the heating facilities if 20