BTX Global Logistics Rules Tariff 12/6/2010

Transcription

1 BTX Global Logistics Rules Tariff 12/6/2010 Rule No. 1 Definitions Advance Arrangements = the shipper is required to contact BTX prior to tender of a shipment in order to enable the shipper and BTX to make special arrangements for the shipment. Airbill / waybill /bill of lading = the non-negotiable document on which BTX accepts a shipment and transports the freight to the destination. Consignee = person or company whose name appears on the BTX waybill as the ultimate receiver of the goods. Consignor = person or company that appears on BTX s waybill as the party offering the shipment. Costume Jewelry = Jewelry with an actual value of less than $25.00 per pound. Legal Holidays= any national, state, provincial or local legal holiday. Dangerous Goods /Hazardous Materials = those commodities whose transportation are regulated by either/or DOT, IATA, and IMCO. BTX requires labeling and packing requirements in accordance with current IATA regulations. BTX = BTX Global Logistics Shipment = a single consignment of one or more pieces, from one shipper, at one point, at one address, signed for in one lot, and moving on one BTX waybill to one consignee, at one destination. Shipper = same as consignor Third Party = person or company other than the shipper or consignee who will be liable for payment of all charges incurred. Rule No. 2 Computation of Days Accounts Receivable and Claims - full calendar days are used including Sunday and legal holidays. When the last day falls on a Sunday or legal holiday the following calendar day will be included. Service Commitment - full calendar days apply except for Saturday, Sunday, and all legal holidays. Rule No. 3 Pieces The number of pieces included in a shipment must be specified on the BTX waybill. If containerization or palletization is used, the individual pieces should be stated in the description. Rule No. 4 Description

2 Contents of a shipment must be indicated by accurate and specific description of the goods on the waybill. Failure to comply may be construed as an act to circumvent either BTX s legal liability as contained in Rule No. 10 or DOT requirements for hazardous materials. Rule No. 5 References References made to tariffs, items, pages, notes, rules, etc. are continuous and include all originals, supplements, revisions, and reissues. Rule No. 6 BTX Waybill The shipper has the responsibility to prepare and present a non-negotiable BTX waybill with each shipment tendered for transportation. Each shipment shall be subject to BTX s Rules Tariff and Standard Terms and conditions, effective on the date of acceptance of shipment by BTX or its agent. In the event that shipment is tendered to BTX on a straight bill of lading or any other shipping document, Forwarder s rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered. Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment is delivered. Rule No. 7 Shipments Acceptable Except as otherwise provided, property is acceptable for transportation when the rules and regulations of this tariff and all laws, ordinances, and other governmental rules and regulations governing transportation thereof have been complied with by the Consignor, Consignee or Owner. Shipments are subject to inspection by BTX Rule No. 8 Shipments Acceptable on Special Conditions A shipment having: Declared value in excess of $25, Containing pieces in excess of 250 pounds Freight with floor bearing weight in excess of 100 lbs. per square foot Dimensions 60 X 60 X 60 Freight requiring special devices for safe handling will be accepted when advance arrangements have been made with BTX and BTX acknowledges its acceptance to handle. Shipments liable to impregnate or otherwise damage equipment or other shipments will only be accepted when advance arrangements have been made with BTX Shipments of unwrapped and/or unboxed freight tendered by shipper and accepted by BTX will be accepted by BTX only with the stipulation that BTX will not be liable in any way whatsoever for any damage arising out of, or in connection with any other services performed by BTX incidental thereto. Rule No. 9 Shipments Not Acceptable, Except as Indicated Unless otherwise expressly provided in BTX s tariffs and subject to any conditions or restrictions contained therein, the following articles will not be accepted for carriage:

3 any shipment prohibited by law original works of art, antiques bonds, coins of any kind, currency, currency equivalents furs, fur clothing gems or precious stones (cut or uncut) industrial diamonds, gold or silver, coined concentrates jewelry (other than costume jewelry), pearls precious metals securities (negotiable) time sensitive written material (e.g., bids, contract proposals, etc.) when the declared value exceeds $0.50 per pound household goods and/or personal effects one-of-a-kind articles or models, prototypes valuable rugs (i.e., Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds $ or when the declared value exceeds $0.50 per pound, per piece any other articles provided in BTX s governing tariffs and/or service guide Improperly packaged items BTX shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or mis-described in this shipping document, and no employee or agent of BTX has any authority to accept for transportation such articles or to waive the limitations herein contained. Rule No. 10 Packaging and Marking Requirements Proper packaging to be described as: Boxes are containers with solid or closely fitted sides, ends, bottoms and tops. They MUST be made of wood, metal, plastic, fiberboard, or paperboard, and completely enclose their contents. Unless otherwise provided in individual items, boxes must be securely closed. The following are also accepted: barrels, buckets, cans, cylinders, drums, kegs, non-crimp top pails, tubes, chests or trunks (except as noted). (A) Packing will be the sole responsibility of the shipper, and must be so prepared or packed as to ensure safe transportation with ordinary care in handling. (B) Any article susceptible to damage by ordinary handling must be adequately protected by proper packaging and must be marked or bear appropriate labels (C) Any article susceptible to damage as a result of any condition which may be encountered in air transportation, such as low or high temperature, low or high atmospheric pressure, or sudden changes in either, must be adequately protected by proper packing (D) Each piece must be legibly and durably marked with the name and address of the Consignor and Consignee (E) Pieces with floor-bearing weight in excess of 100 pounds per square foot must be provided with a skid or base which will reduce the floor bearing weight to 100 pounds or less per square foot. Such skid or base shall be included in the grow weight of the piece and must be furnished by the Consignor. (F) If reused cartons must be used, then packaging will not contain any deviations in the strength of the carton and must pass inspection by the designated acceptance employee. All old labeling will be removed, Reapplication of pilfer proof tape will be made by shipper so as not to incriminate BTX. The acceptance employee will note re-used carton on the BTX house bill. Rule No. 11 Routing and Rerouting Shipments (A) BTX, Exercising due diligence in order to protect all property accepted for transportation, will

4 determine the routing of all shipments. (B) In the absence of specific contrary instructions by the Shipper on the airbill, including an instruction not to substitute any other carrier, BTX may divert any shipment, in order to expedite its delivery, to common carrier surface transportation. (1) Where a shipment, because of its size, weight or contents cannot be accommodated on aircraft over some portion of its routing; or (2) Where airlift is unavailable due to weather conditions, mechanical trouble, embargo, strike or other emergency conditions beyond BTX control; or (3) Where a shipment will be unreasonably delayed because on some portion of its routing the volume of cargo on hand exceeds the capacity of aircraft departing within a reasonable time. (C) The transportation charges shall be the air freight charges from origin to destination via the route on the airbill. Rule No. 12 Forwarder Airbill and Shipping Documents (A) The shipper will prepare and present a non-negotiable airbill with each shipment tendered for transportation. If the shipper fails to present such airbill to BTX at the time of tendering the shipment, BTX may accept such shipment if accompanied by a non-negotiable shipping document or memorandum. No airbill or other shipping documents or memorandum issued or accepted by BTX shall be negotiable. Each such shipment shall be subject to BTX terms and conditions in effect on the date of acceptance of such shipment by BTX (B) The airbill and the tariffs applicable to the shipment, shall insure to the benefit of and be binding upon the shipper, consignee and BTX. (C) Any shipment to be transported between the United States and its territorial possessions must be accompanied by the proper number of appropriate documents required by the governmental regulatory entities of the United States. (D) Any shipment to be transported between the United States and its possessions, any foreign country, must be accompanied by the proper number of appropriate export, import and other documents required by the governmental regulatory entities of the United States, and the foreign country or countries concerned. (E) Any shipment transported for the United States Government must be accompanied, in addition to the airbill, by government bill of lading with the proper number of copies properly executed. Rule No. 13 Completion of Transportation BTX Global Logistics assumes no obligation to commence or complete transportation of a shipment within any specific period of time. Rule No. 14 Storage BTX will hold at destination without charge for three (3) calendar days (excluding Saturday, Sunday, and legal holidays) computed from the time the shipment was refused or held because of delivery instructions on waybill. Storage charges will not be assessed on shipments lacking proper documentation or when prior advance arrangements have been made with BTX. After expiration of such free time BTX will continue to hold shipments for shipper, consignee, or third party, whoever is liable for the freight charges according to BTX s waybill. If another party, other than the billable party of record on BTX s waybill, requests storage a new BTX waybill will be issued covering the storage portion of the shipment. BTX may request that all accrued storage charges be paid prior to release of the goods. BTX s fee for storage is $10.00 minimum or $5.00 cwt. per day (excluding Saturday, Sunday, and

5 legal holidays). If such continued holding is not practical, BTX will notify the billable party that shipment is being placed in a public warehouse at the expense of the billable party as stated in previous paragraph, subject to a lien for all transportation, storage, delivery, warehousing and other charges remaining unpaid. When BTX holds the shipment after the expiration of such free time, BTX s liability shall be reduced to that of a warehouseman. When the shipment is placed in a public warehouse BTX s liability for the shipment shall terminate. BTX may dispose of shipments held longer than six months at public or private sale without notice to billable party, paying itself out of the proceeds of such sale all sums due and payable including storage. The sale of any consignment shall not discharge the billable party of any liabilities to pay any deficiencies Rule No. 15 Indemnification The shipper, consignee, and billable party shall be liable, jointly and severally, to pay or indemnify BTX for all claims, fines, penalties, damages, costs, or other sums which may be incurred, suffered, or disbursed by BTX by reason of any violation of any of the rules contained in applicable tariffs or any judgments levied by civil or government authorities. Shipper and consignee shall hold BTX and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the shipper or consignee and arranged by BTX as a customer service unless such services are actually performed by BTX or its agents. Such limitation of liability shall extend to the selection by BTX of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by BTX. Providers of auxiliary services are contractors for the shipper or consignee and are not agents for BTX. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of BTX for any monetary loss which is a result of any auxiliary services performed by BTX or its agents be greater that the liability contained in this contract. Rule No. 16 BTX s Lien BTX shall have a lien on any goods shipped for failure to pay charges payable on account of this shipment pursuant to this contract. BTX may refuse to surrender possession of the goods until such charges are paid. Should BTX bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, BTX shall be entitled to reasonable attorney fees and costs. Rule No. 17 Liability of Charges The shipper, consignee, and billable party shall be liable jointly and severally for: all unpaid charges of a shipment per the waybill conditions of contract, including cost of collection pay or indemnify BTX for all claims, fines, penalties, damages, costs, or other sums, which may be incurred by BTX by reason of any violation of this contract or any other default. Rule no. 18 Charges Prepaid, Collect, or Third Party Except as stated below, shipments will be accepted with charges to be paid by the shipper, consignee, or a billable third party. The following shipments may never be collect:

6 shipments not equal in commercial value to the transportation charges applicable household goods, used personal effects shipments to a consignee at a transient address shipments addressed to Canadian or United States Government agency unless shipped by government agent presenting proper bill of lading shipments to construction sites, hotels, or motels, and convention centers The shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify BTX for claims, fines, penalties, damages, costs (storage, handling, re-consignment, return of freight to shipper, etc.) or other sums which may be incurred by BTX by reason of any violation of this contract or any other default of the shipper or consignee or their agents. This would also include all costs and reasonable attorney fees incurred in the event BTX has to retain an attorney or commence legal proceedings to enforce any portion of, or all of this contract. Rule No. 19 Application of Rates and Charges Rates and charges in effect on the day of acceptance of a shipment by BTX will apply. All sums due are in U.S. Dollars. Except as otherwise provided, transportation rates for a shipment will be assessed on the chargeable weight of a shipment based on the greater of actual weight, or, dimensional weight. Dimensional weight is based on the product in cubic inches of the greatest dimension in height, width, and length in inches per piece. In computing inches all measurements are rounded upward to the next higher number prior to multiplication, then multiply the number of pieces and divide that product by 194 for domestic freight and 166 for international freight. This equates to 194 cubic inches equals one pound for domestic shipments and 166 cubic inches per pound for international shipments. Rule No. 20 Charges for Shipper s Interest Insurance Insurance coverage is based on the BTX s open insurance policy in effect on the date of the shipment. Failure to properly complete the INSURANCE OPTION on the face of any BTX shipping document shall void the coverage this option affords. Failure to insert at least the full invoice value of the shipment shall reduce any insurance payment proportionately by the applicable percentage that the shipment was so under-insured. There are exceptions and/or special insuring conditions to the insurance option. Contact BTX for details, as the cargo insurance policy is subject to limits, terms and conditions and shall be construed to be a contract directly between the shipper and the insurer. Rule No. 21 Charges for Shipment with Pieces in Excess of 121 inches in length or 88 inches in width Subject to advance arrangements and the availability of space, BTX will accept pieces more than 121 inches in length and/or more than 88 inches in width. The following provisions apply for pieces mentioned above: transportation will only be provided on pallets charges will be based on the actual weight or number of pallets required whichever is higher each pallets minimum chargeable weight is 4500 lbs. pallet dimensions are length 125 inches, width 88 inches, and height 58 inches Rule No. 22 Shipments Subject to Delay

7 The following conditions may delay a shipment to the consignee: If the dimensions of the shipment are too large for available aircraft. If the length of the shipment exceeds 85. Shipments that are improperly packaged, labeled, marked or lack proper documentation. Shipments tendered by a beyond carrier or by the shipper from a point which are not received in time for critical processing requirements or available departure times. Shipments on which the shipper has omitted or provided incorrect consignee address or zip code on the waybill. Shipments requiring special licenses or consulariztion filing prior to export. Dangerous Goods Shipments lacking Shipper s Security Endorsement and shipper s identification per TSA s Security Procedures for Indirect Air Carriers. Rule No. 23 Rules and Regulations Statutes No employee, agent, or representative of BTX Global Logistics, except the President, Vice- Presidents, and Corporate officers who are domiciled at the corporate offices in Shelton, Connecticut are authorized to vary any terms or conditions of the tariff or BTX s waybill. Rule No. 24 Payment of Charges All rates and charges published in this Rules Tariff and any rate tariffs issued by BTX are stated in U.S. Dollars and payable in said currency. All charges applicable to a shipment are payable in cash at the time of acceptance by BTX for prepaid shipments, or at the time of delivery by BTX in the case of collect shipments. All invoices not paid within 30 days of invoice date will be subject to a charge of 1 1/2% per month. Upon request of the consignor, consignee, or a third party requesting credit and proof of credit standing, BTX will extend credit for a period of fifteen (15) days from the date of billing by BTX. Invoices will be issued to such credit accounts within seventy-two (72) hours after movement. A billable party may submit a written request for a different billing cycle. The credit department may honor this request, if volume billing warrants this extension. Whenever a due date falls on a Saturday, Sunday, or legal holiday the due date will be the following business day. Rule No. 25 C.O.D. (Collect on Delivery) Shipments Collect on Delivery (C.O.D.) service is provided under the following conditions: a) shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the Shipper s C.O.D. Box on the front of this shipping document, b) shipper must specify the type of payment to be received (e.g. cash, check, money order or cashier s check) in the Special Services Box on the front of this shipping document and c) BTX and shipper agree that BTX does not guarantee nor verify that a check, money order, cashier s check or other such financial instrument is valid or negotiable. All payments are collected at shipper s risk. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge. Rule No. 26 Advancement of charges BTX will advance charges for transportation, cartage, storage, loading, unloading, packing, unpacking, and processing not performed by BTX, when arranged by the consignor, consignee, or third party. The charge for advancing these expenses is $10.00 minimum or 5% of expense whichever is higher. Rule No. 27 Inspection of Shipments

8 BTX has the authority per TSA Indirect Carrier Security Requirements to inspect a shipment including, but not limited to, opening the shipment and inspecting the contents. The shipper has the responsibility to insure the goods described, packed, and shipped meet all TSA/FAA and DOT requirements for the safe transportation of the goods and will indemnify BTX against all fines and liens levied because of shippers negligence whether or not shipper was aware of the regulations. Every shipment is subject to inspection by BTX. Rule No. 28 Delivery and failure to deliver In the event of the failure or inability of the consignee to take delivery of the shipment, BTX will notify shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of BTX s notice, BTX will return shipment to the shipper at the shipper s expense. If the shipper fails to accept delivery of a shipment thus returned, BTX may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by BTX in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency. Rule No. 29 Claims Procedures Overcharge claims must be received in writing by BTX within one year after date of acceptance of the shipment by BTX. Written notification on all other claims (except concealed loss/damage claims) must be received in writing by BTX within 30 days after BTX accepted the shipment. Notification of concealed loss/damage claims (i.e., claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by BTX (BTX Global Logistics, 375 Bridgeport Avenue, 2nd floor, Shelton, CT 06484) within 2 days after delivery, or if perishables, verbally within 48 hours. For damage claims and concealed loss claims, BTX must be allowed the privilege to make inspection of the shipment and the container(s) and packaging material(s) at place of delivery. Claims must be perfected within 180 days after delivery or date delivery was intended. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed BTX. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by BTX, in whole or in part. Rule No. 29A Claims At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as subject to inspection and subject to recount are not exceptions. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. NOTE: Under no circumstances shall BTX be liable for loss and/or damage to external shipping containers of any kind. Rule No. 30 Limitation of Actions BTX shall not be liable in any action brought to enforce a claim, except for overcharges, unless the claimant has exhausted the provisions in Rule No. 29. Any action must be brought within nine months and nine days after the date, written notice is given to the claimant that BTX has disallowed the claim in whole or in part. No action shall be entertained or liability attached to BTX under this contract

9 unless suit is brought within one year from the date of the waybill. For recover of overcharges, action by law shall begin within nine months and nine days after the date from the delivery of shipment by BTX, and no later, unless a claim for overcharge had been presented in writing to BTX within the 180 day period. Then the limit will extend for an additional 180 days from date of receipt of written notice. Should BTX successfully defend itself or any legal actions brought by any party, BTX shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than $15, is to be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by BTX if the claim is unacceptable for arbitration by both the above arbitrators. Rule No. 31 Limit of Liability BTX s liability, in the absence of a higher declared value for carriage, is limited to a maximum of $50.00 per shipment or $0.50 per pound, per piece, of cargo lost, damaged, mis-delivered or otherwise adversely affected, whichever amount is greater, but in no event shall amount exceed the actual invoice value of the goods. This limitation is subject to provisions as published in BTX s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge. BTX s liability for aggregate losses at any one time at any one place is limited to $1,000, For shipments having declared values over $25,000.00, BTX must be given advance notice prior to pick up. BTX shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; public enemy s; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation of freight acceptable only under certain conditions outlined below. BTX SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT BTX HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. BTX is not liable for any damage, delay or loss of what-so-ever nature arising out of or in conjunction with the carriage of the shipment or other services performed by BTX incidental thereto. BTX is not liable for any damage directly or indirectly arising out of compliance with the laws, government regulations, order or requirements, or from any cause beyond BTX control. BTX will not be liable for damage delay or loss to any shipment, which occurs as a direct or indirect result of the inherent nature of the merchandise comprising the shipment. Rule No. 32 Liability not Assumed Unless each piece of the shipment has a declared value stated and is specifically identified on the BTX s shipping document at the time of the shipment and is so identified on the delivery receipt as being lost, damaged, destroyed, or otherwise affected at time of delivery, BTX shall be liable subject to tariff provisions in effect at the time of the shipment for the average declared value of the shipment. The average declared value of the shipment shall be determined by first dividing the total declared value of the shipment by the total weight of the shipment. This figure, multiplied by the packaged weight of the piece(s) adversely affected, shall then establish the amount of BTX s liability. The total declared value amount must be inserted in the DECLARED VALUE box on the face of this shipping document. BTX s liability shall in no event exceed the actual invoice value of the goods adversely affected. Rule No. 33 Charge for Shipments of Dangerous Goods

10 The shipper agrees to package Dangerous Goods for passenger or cargo aircraft in accordance with current IATA regulations. All Dangerous Goods will be tendered on an individual waybill. Manifesting isn t permitted. A charge of $75.00 per UN or ID number in addition to all other charges will be assessed. Shipments suspected of / or requiring compliance with IATA regulations may experience delay in transit. Rule No. 34 Service Commitment per Current Electronic Service Guide Next day o Deliver by 1700 next business day o Deliver by 1700 second business day to beyond points Two day o Deliver by 1700 second business day o Deliver by 1700 third business day to beyond points Three day o Deliver by 1700 third business day o Deliver by 1700 fourth business day to beyond points 3-5 day o Deliver by 1700 fifth business day to all points Provisions in Rule No. 13, 22 and 32 apply. Rule No. 35 Accessorial Charges Service: Charge: Attempted pick up/delivery $25.00 minimum or $10.00 per cwt. Attempted pick up/delivery beyond points $40.00 minimum or $15.00 per CWT Convention Center/Hotel pick-up/delivery $25.00 minimum or $ per cwt. Inside pick up/delivery $25.00 minimum or $ per cwt. Liftgate $75.00 per occurrence Residential pick up/delivery $25.00 minimum or $ per cwt. Redelivery $25.00 minimum or $10.00 per cwt. Redelivery beyond points $40.00 minimum or $15.00 per cwt. Waiting time $50.00 per ½ hour, first ¼ hour free Additional charges will be on a spot quote basis (i.e. packing, crating, two man deliveries, crane, stair climbers, uncrating, etc.). Note: CWT = Per hundred weight Rule No. 36 Oversize Freight Shipments containing a piece with a length of eight-five (85) inches or greater, or a height or width of fifty-nine (59) inches or greater or with a chargeable weight of more than four hundred (400) pounds may require an additional day in transit. Rule No. 37 Pick up and Delivery Service Normal pick up/delivery is weekdays between 8:00 AM and 5:00 PM. Special pick up/delivery is defined as an expedited pick up and/or delivery performed prior to the time that normal pick up/delivery would be made in the course of the regularly scheduled route. Or pick up/delivery performed weekdays between the hours of 5:00 PM and 8:00 AM, or Saturday, Sunday, and legal

11 holidays. Special pick up/delivery will be based on a rate of $2.50/mile one way between the terminal and pick up or delivery point. The rate is calculated by using the practical route as computed by PC Miler software subject to a minimum charge as stated below: Delivery Time/Day: Charge: Monday through Friday - 8:00 AM to 5:00 PM $75.00 Monday through Friday - 5:00 PM to 8:00 AM $95.00 Saturday - 8:00 AM to 1:00 PM $95.00 Saturday - all other hours $ Sunday and legal holidays - all hours $ Note: The above special pick-up or special delivery charges are also applicable for any attempted special pick-ups or attempted special deliveries if not the result of BTX Global Logistics s negligence in performing the originally requested service. Due to the inherent nature of the transportation business, BTX does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall BTX be liable for the consequences of failure to do so. Rule No. 38 Dangerous Goods Not Acceptable BTX Global Logistics is not licensed to transport the following hazardous materials: Hazard Class: Division: Description: Class 1 Explosives 1.1 Mass explosion hazard Class 1 Explosives 1.2 Projection hazard Class 1 Explosives 1.3 Fire hazard, minor blast hazard, minor projection hazard Class 1 Explosives 1.4 No significant hazard Class 1 Explosives 1.5 Very insensitive substances Class 1 Explosives 1.6 Extremely insensitive articles Class 2 Gases 2.3 Toxic (poisonous) gases Class 4 Flammable Solids 4.2 Substances liable to spontaneous combustion Class 4 Flammable Solids 4.3 Class 6 Toxic and Infectious Substances Class 6 Toxic and Infectious Substances Class 7 Radioactive Material Substances, which in contact with water, emit flammable gases 6.1 Toxic substances 6.2 Infectious substances Level I, II, III Also any hazardous material in bulk or container having a capacity equal to or greater than 13,428 liters or with a gross weight equal to or greater than 1,000 kg. Rule No. 39 International Shipments a) All rules relating to liability as established by the Warsaw Convention shall apply. b) Except as otherwise provided in BTX s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply, BTX s liability shall not exceed U.S. $20.00 per kilogram or the equivalent of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid. c) BTX accepts this shipping document as a shipper s letter of instructions with authorization to prepare and sign on shipper s behalf an international shipping document.

12 d) BTX reserves the option to act as agent of the carrier, instead of as a BTX, in which event the direct carrier s tariffs shall apply to this shipment. e) The shipper may select by inserting on the face of this shipping document cargo coverage based on insurance and/or declared value for carriage. Rule No. 40 Indirect Air Carrier Standard Security Program Cargo items tendered for air transportation are subject to aviation security controls by air carriers, TSA and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo s consignee, description, and other relevant data will be retained on file until the cargo completes its air transportation. Rule No. 41 Rates and Charges Rates and charges will be based on actual or dimensional weight, whichever is greater. Unless prior arrangements are made, the acceptance of cash by BTX and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $2, per shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of $2, must be remitted by cashier s check, certified check, money order, or consignee s check as authorized by the shipper in writing.