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KLLM, INC. RULES CIRCULAR

Item 400

SPECIAL SERVICES - EMPTY MILES AT SHIPPER’S CONVENIENCE

When carrier agrees to relocate revenue equipment at the request of consignor or consignee for shipper’s or consignee’s convenience, a charge of $1.20 per mile will be billable to the consignor or consignee making the request. Empty miles will be calculated from empty equipment origin to point of equipment utilization based upon Rand McNally HHG Short Miles. Carrier will notify shipper of the location of subject equipment prior to movement.

Item 410

STOP-OFFS

Truckload shipments may be stopped en route between origin and destination, or at points directly intermediate between origin and destination, for partial loading or unloading under the following provisions:

(1) The bill of lading or shipping order shall show the name and address at the point or points, vehicle is to be stopped, together with the quantity and description of freight to be loaded or unloaded.

(2) The charge for each stop shall be as follows:

(a) First stop will be billed at $125.00;
(b) Second stop will be billed at $250.00;
(c) Third stop will be billed at $400.00; and
(d) Additional stops beyond three(3) will be billed at $400.00 each.

(3) When the distance from the origin, via the stop-over point, or points, to final destination exceeds the distance direct from origin to final destination, a charge will be assessed for such excess miles as outlined below.

(4) The rate for such excess distance will be determined by dividing the extended contract rate from the direct point of origin to destination by the mileage from the direct origin to destination then multiplied by the excess miles. The charges provided by this note shall be in addition to all other applicable charges.

(5) Shipments loaded or unloaded at one or more points shall be considered as separate stops under this item.

(6) Where rates are stated in cents per mile, or where rates are determined from distance mileage scales, the applicable rate shall be calculated from origin to destination via the stop-off point, or points, via the actual route of movement. Stop off service provided by this item will be performed at the charges provided in 900(2). Provisions of No. 4 above shall not be applicable.

Item 420

RECONSIGNMENT OR DIVERSION

When, upon instructions of the shipper or the consignee, a shipment is diverted or reconsigned at a point intermediate to the original destination, the carrier will exercise a diligent effort to locate the shipment and effect the desired change, but carrier will not be responsible for failure to effect the changes unless such failure is due to its own negligence.

A charge of $200.00 will be made for the reconsignment or diversion. The transportation rate applicable will be the rate in effect on the date of origin of shipment for the distance from the original shipping point, via point of reconsignment or diversion, to the point of final destination.

In the event the shipment is returned to the origin point, the return move will be charged at the original outbound rate, plus the reconsignment charge of $200.00.

Item 430

NEW YORK SURCHARGE

A $500.00 surcharge will be applicable on shipments originating or terminating within the following metro New York City zip codes: 100-108, 110-119.

Item 440

BRITISH COLUMBIA SURCHARGE

In order to defray the cost of ferry service, a $250.00 surcharge will be applicable on shipments originating or terminating on Vancouver Island, British Columbia.

Item 450

VEHICLE ORDERED BUT NOT USED

When carrier is requested to perform transportation services and dispatches equipment to the point(s) designated in accordance with instructions from the shipper, and the instructions to the carrier are later changed so as to effect non-utilization of the equipment at the point(s) requested by shipper, due to no fault of the carrie, then, a charge per mile of $1.25, subject to a minimum charge of $250.00/Day for a single driver or $500/day for a team will be made for the empty miles traveled in connection with the equipment ordered and not used. Empty miles shall be equal to the out of route miles traversed from point of dispatch to ultimate reload.

Item 460

EXTENSION OF CREDIT TO PAYOR OF FREIGHT CHARGES

Where credit is extended, the following provisions for payment of transportation charges will apply:

(1) When a party, other than the consignor on the bill of lading and shipping order, is responsible for paying the freight charges, such party’s name and address must be so designated in the body of the bill of lading and shipping order at the time of original tender. Shipments subject to provisions of this item will be accepted only when the consignor guarantees to pay all lawfully accrued charges in the event that the party other than the consignor fails to do so within the time allowed under Item 2 below. Shipments subject to the provisions of this item will not be accepted if the consignor executes a non-recourse provision of the Bill of Lading.

(2) The credit period for payment of the freight bill will be thirty (30) additional calendar days after the invoice date of the freight bill. After the expiration of the credit period, the unpaid balance of the freight bill will be subject to an additional late charge of one and one-half percent (1 ½%) of the unpaid balance per thirty (30) day period, to be prorated as applicable.

(3) If carrier has to seek recovery by means of the collection process or by litigation, the payor of the freight charges will be responsible for a penalty of thirty-five (35%) of the outstanding account balance, in addition to the outstanding account balance. In the case of litigation, payor of the freight charges will also be responsible for all attorneys’ fees and court costs.

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