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Item 200
The provisions of Items 200-215 are filed in compliance with
Federal Claim, Loss and Damage Regulations, and these Items
shall govern the investigation and disposition of claims for
loss, damage, injury or delay to property transported or accepted
for transportation in interstate or foreign commerce, including
exempt as well as regulated shipments.
Item 203
(A) Claims in writing are required within nine (9) months
from the date of delivery or a reasonable time during which
delivery should have been accomplished. A claim for loss, damage,
injury or delay to cargo shall not be voluntarily paid by carrier
unless filed in writing, as provided in subparagraph (b) of
this Item with carrier within the specified time limits applicable
thereto and as otherwise may be required by law, the terms
of the bills of lading or other contract of carriage, and all
tariff provisions applicable thereto. Claims for concealed
damages will be submitted to carrier within forty-eight (48)
hours of delivery. Any suit to recover loss of damage or delay
to cargo must be instituted no later than two years and one
day after the claim is denied.
(B) Minimum filing requirements. A communication in writing
from a claimant, filed with carrier within the time limits
specified in the bill of lading or contract of carriage or
applicable contract between carrier and shipper and (1) containing
facts sufficient to identify the shipment (or shipments) of
property involved; (2) asserting liability for alleged loss,
damage, injury or delay; and (3) making claims for the payment
of a specified or determinable amount of money, shall be considered
as sufficient compliance with the provisions for filing claims
embraced in the bill of lading or contract of carriage or applicable
contract between carrier and shipper.
(C) Documents not constituting claims such as bad order reports,
appraisal reports of damage, notations of shortages or damage,
or both, on freight bills, delivery receipts, or other documents,
or inspection reports issued by shipper or its inspection agency,
whether the extent of loss or damage is indicated in dollars
and cents or otherwise shall, standing alone, not be considered
by carrier as sufficient to comply with the minimum claim filing
requirements specified in subparagraph (b) above.
(D) Claims filed for uncertain amounts. Whenever a claim is
presented against carrier for an uncertain amount such as “$100
more or less,” carrier shall determine the condition
of the baggage or shipment involved at the time of delivery
by it, if it was delivered, and shall ascertain as nearly as
possible the extent, if any, of the loss or damage for which
it may be responsible. It shall not, however, voluntarily pay
a claim under such circumstances unless and until a formal
claim in writing for a specified or determinable amount of
money shall have been filed in accordance with the provisions
of subparagraph (b) above.
Item 206
(A) Carrier shall, upon receipt in writing of a proper claim
in the manner and form described in these regulations, acknowledge
the receipt of such claim in writing to the claimant within
thirty (30) days after the date of its receipt by carrier unless
carrier shall have paid or declined such a claim in writing
within thirty (30) days of the receipt thereof. Carrier shall
indicate in its acknowledgment to the claimant what, if any,
additional documentary evidence or other pertinent information
may be required by it to further process the claim as its preliminary
examination of the claim, as filed, may have revealed.
(B) Carrier shall, at the time each claim is received, create
a separate file and assign thereto a specific, unique claim
file number and note that number on all documents filed in
support of the claim and all records and correspondence with
respect to the claim, including the written acknowledgment
of receipt, and, if in its possession, the shipping order and
delivery receipt, if any, covering the shipment involved. At
the time such claim is received, carrier shall cause the date
of receipt to be recorded on the face of the claim document,
and the date of receipt shall also appear in carrier’s
written acknowledgment of receipt to the claimant.
Item 209
(A) Prompt investigation is required. Each claim filed against
carrier in the manner prescribed herein shall be promptly and
thoroughly investigated if investigation has not already been
made prior to receipt of the claim. Unless perishable commodities
are involved, the shipper or consignee in possession shall
afford carrier five (5) days to inspect any damaged shipment
prior to dispensation.
(B) Supporting documents. When a necessary part of any investigation,
each claim shall be supported by the original bill of lading,
evidence of the freight charges, if any, and either the original
invoice containing invoice value, a photographic copy of the
claim to be true and correct with respect to the property and
value invoiced in the claim; or certification of prices or
values, with trade or other discounts, allowances or deductions
of any nature whatsoever and the terms thereof, or depreciation
reflected thereon; provided, however, that where the property
shows on the bill of lading or where the invoice does not show
price or value, or where the property involved has not been
sold, or where the property has been transferred at bookkeeping
values only, carrier shall, before voluntarily paying a claim
thereon, require the claimant to establish the destination
value in the quantity shipped, transported, or involved and
certify the correctness thereof in writing or show an alternative
applicable value arising by reason of alternatively applicable
contract terms.
(C) Verification of loss. A prerequisite to the voluntary
payment by carrier of a claim for loss of an entire package
or an entire shipment shall be the securing by it of a certified
statement in writing from the consignee of the shipment involved
that the property for which the claim is filed has not been
received from any other source.
Item 212
Carrier shall pay, decline or make a firm compromise settlement
offer in writing to the claimant within one-hundred- twenty
(120) days after receipt of the claim by carrier; provided,
however, that if the claim cannot be processed and disposed
of within 120 days, after expiration of each succeeding sixty
(60) day period while the claim remains pending, carrier shall
advise the claimant in writing of the status of the claim and
the reason for delay in making final disposition thereof, and
it shall retain a copy of each such advice to the claimant
in its claim file thereon.
Item 215
(A) Whenever property transported by carrier is damaged or
alleged to be damaged and is, as a consequence thereof, not
delivered or is rejected or refused upon tender thereof to
the owner, consignee or person entitled to receive such property,
carrier, after giving due notice wherever practicable to do
so, to the owner and other parties that may have an interest
therein, and unless advised to the contrary after giving such
notice, shall undertake to sell or dispose of such property
directly or by the employment of a competent salvage agent.
Carrier shall only dispose of the property in a manner that
will fairly and equally protect the best interests of all persons
having an interest thereon. Carrier shall make an itemized
record sufficient to identify the property involved so as to
be able to correlate it to the shipment or transportation involved
and claim, if any, filed thereon. Carrier shall also assign
to each lot of such property a successive lot number and note
that lot number on its record of shipment and claim, if any
claim is filed thereon.
(B) Whenever disposition of salvage material of goods shall
be made directly to an agent or employee of carrier or through
a salvage agent or company in which carrier or one or more
of its directors, officers, or managers has any interest, financial
or otherwise, carrier’s salvage records shall fully reflect
the particulars of each such transaction or relationship, or
both, as the case may be.
(C) Upon receipt of a shipment on which salvage has been processed
in the manner herein before prescribed, carrier shall record
on its claim file thereon the lot number assigned, the amount
of money recovered, if any, from the disposition of such property
and the date of transmittal of such money to the person or
persons lawfully entitled to receive the same.
Item 220
(A) Upon taking precautions deemed by carrier to be sufficient
to assure payment of charges within the credit period herein
specified, carrier shall make delivery of freight in advance
of the payment of charges thereon and will extend credit in
the amount of such charges to those who undertake to pay them
for a period of thirty (30) days, or as otherwise agreed to
with shipper in writing, excluding Sundays and legal holidays,
from the presentation of the freight bill.
(B) Carrier will assess one and one-half percent (1½%)
per month on any outstanding indebtedness for collection, handling,
late fees and interest. In the event carrier deems it necessary
to retain the services of legal counsel to collect any outstanding
indebtedness, shipper shall pay attorneys’ fees in the
amount of $300.00 or thirty-five percent (35%), whichever is
greater.
(C) Carrier does not employ property brokers or other intermediaries
as its agents for the solicitation of shipments or the collection
of freight charges. Carrier will invoice the shipper’s
broker, bank or other agent for freight charges. Carrier reserves
the right to bill and collect freight charges from the shipper
on prepaid shipments or the consignee on collect shipments
in the event full payment of freight charges is not received
pursuant to third party billing.
(D) In addition to the carrier’s lien rights contained
in 49 USC 80110, carrier reserves a possessory lien on subsequent
shipments for past due freight charges.
(E) Priority of Freight Charge Obligation. When arrangements
or contracts are made with intermediaries for transportation
services provided by carrier and the arranging party in turn
bills the shipper or beneficial owner of the goods for freight
charges inclusive of carrier’s rates, the following rules
shall apply:
(1) The intermediary will seek freight charges, segregating
money due owing to carrier from other accounts and constructive
trusts.
(2) Intermediary will pay carrier without offset from funds
received and shall not commingle, pledge, encumber or hypothecate
funds received by it intended for payment of freight charges
to carrier.
(3) When the arranger of transportation is a carrier or freight
forwarder, a constructive interline trust shall apply.
(4) When the arranger of transportation is a property broker,
the regulations set forth at 49 C.F.R. §371 shall apply
and monies received by the broker shall be segregated from
its other assets and liabilities.
(5) In no event shall accounts receivable pledge or encumber
by any intermediary be inclusive of freight charges billed
by it to the extent those freight charges are due and owing
to carrier.
(F) Carrier preserves recourse for payment of all freight
charges to the consignor, unless Section 7 of the USBL is signed,
and to the consignee unless prior notice is given that the
consignee is not to be responsible for freight charges in accordance
with to Section 7 of the USBL.
(G) Carrier shall not be responsible for COD shipments unless
prior written approval is obtained from its Director of Operations.
(H) Consignor and/or Consignee shall pay all freight charges
when due without offset for any cause, including but not limited
to, cargo claims. All claims for loss or damage shall be governed
by Item 190 and following, and neither consignor nor consignee
shall deprive carrier of proper cargo insurance adjustment
by unilateral deduction of claims from payment of freight charges
due.
Item 230
A shipment in which charges are to be paid by a party other
than the consignor or consignee will be accepted provided recourse
to the consignor is preserved with the carrier picking the
shipment up at origin. The consignor and consignee guarantee
to pay the charges if the third party fails to do so in the
time allotted under the applicable credit regulations. Any
such shipment will not be accepted if the consignor executes
a non-recourse provision of the bill of lading.
Item 240
When carrier is requested by consignor or consignee to provide
expedited or team service an additional charge of $.10 per
mile will be assessed on line haul charges only to the party
making the request.
The bill of lading must be noted “Carrier requested
to provide expedited or team service.”
These charges will be in addition to all other applicable
charges.
Item 250
Whenever any additional license or permits are required, such
as but not limited to, foreign commerce or customs fees, the
charges for same shall be added to the freight invoice.
Shipments moving under U.S. Customs Bond will be subject to
a charge of $100.00 for handling each shipment.
Item 260
(1) Limitation of Carrier’s Liability for Proper Customs
Clearance. Carrier assumes no responsibility for insuring or
otherwise providing for clearance of merchandise through or
inspection by Mexican or Canadian Customs. Carrier does not
represent and specifically disclaims any knowledge or expertise
in proper customs clearance and inspection matters. Carrier
is not responsible for the acts or omissions of the Mexican
or the Canadian Customs Agent or its affiliated Freight Forwarder
that may be selected for the purpose of clearing shipper’s
merchandise through Customs. Carrier will serve merely as a
liaison between shipper and the Mexican or Canadian Customs
Agent (and the Customs Agents’ Freight Forwarder) at
shipper’s request and only as a convenience to shipper.
Carrier or party in possession shall not be liable for loss,
damage, deterioration of the freight or delay in delivery due
to the duration of the period required by customs clearance
or inspection.
(2) Mexico Surcharge. A Mexico surcharge of $350.00 per shipment
will apply on all shipments destined for Mexico to compensate
Carrier loss of trailer utilization once the trailer crosses
the US border. This surcharge will only apply on southbound
shipments from the US into Mexico. The surcharge will be billed
as a separate line item on the invoice and applies in addition
to the published or negotiated linehaul rate provided for such
shipments
(3) Carrier assumes no cargo loss responsibility for shortage
or damage to shipments while in the Republic of Mexico. Clear
bills of lading showing safe and damage-free delivery between
the U.S./Mexican borders at the pickup or delivery points in
the US shall be evidence of carrier’s proper discharge
of its cargo responsibility.
Item 270
The terms and conditions of this circular shall apply to all
shipments handled by carrier regardless of whether same are
subject to economic regulation or whether the shipment moves
in interstate or intrastate commerce.
Item 280
Appointments shall be made at no charge. Carrier shall not
be liable for late deliveries or unkept appointments unless
such late delivery or unkept appointment is beyond carriers
duty of reasonable dispatch. Consignee shall facilitate prompt
unloading in the event of missed appointments.
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