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Item 1020
This circular shall establish general ground rules for the
transportation by KLLM of both regulated and exempt shipments
in interstate, intrastate and foreign commerce. These ground
rules shall apply unless expressly waived by KLLM in a signed,
written agreement.
1. Notice of Temperature Control. Customers of KLLM shall
provide carrier written notice of any temperature-control requirements
at the time the load is booked. Customer shall specify a range
of temperatures of not less than 10E Fahrenheit, which shall
also be communicated to the driver at the time of pickup and
which must be noted on the bill of lading by the consignor.
2. Precooled Requirements. Consignors warrant that all temperature-controlled shipments have been properly precooled to the appropriate
temperature for transportation is shown on the bill of lading
prior to tender. Mechanical refrigeration units on trailers
are capable of maintaining normal temperatures during transit
but are not intended to raise or lower the temperature of shipments.
3. Consignee's Duty Upon Delivery. The consignee shall accept
delivery of all undamaged products and shall immediately remove
all shipments to appropriate temperature-controlled storage
areas. In the event of temperature damage noted at time of
delivery, consignee shall (1) make appropriate exceptions on
the delivery receipt; (2) segregate and protect the damaged
product, providing immediate notification to the carrier; (3)
make arrangements for USDA and/or carrier inspection; and (4)
follow salvage procedures as otherwise specified. Each consignee
shall accept the common-llaw duty to mitigate damages.
4. Presumption of Temperature Damage. Evidence of damage due
to temperature as a noted exception to a bill of lading at
time of receipt when coupled with evidence of tender in good
order shall create a rebuttable presumption of carrier liability.
This presumption may be rebutted by inclusive evidence showing
proper temperature maintenance during transit.
5. Reasonable Dispatch. Carrier shall transport all shipments
in accordance with reasonable dispatch as defined in paragraph
two of the uniform straight bill of lading.
6. Miscellaneous. KLLM’s general rule circular shall
apply to temperature-controlled shipments to the extent not
inconsistent with this circular. For information, see www.kllm.com.
[INTRO]
[CHECK SHEET]
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