* Except as otherwise provided, when any accessorial service, transportation or otherwise, for which rates or charges are not provided in these Business Terms, and requested by consignee or shipper, and performed by carrier, such service is considered any service other than straight transportation.
* When it is necessary to furnish a service truck with extra loading or unloading equipment and one man to efficiently affect a pick-up or delivery, such additional service will be charged for at a rate of $85.00 per hour, or fraction thereof, 6 hour minimum.
* The time shall be computed from the time carrier's equipment leaves carrier's terminal until it has returned thereto. When carrier's equipment is not returned to carrier's terminal, a charge from the point of release will be made for the return of the equipment to the terminal based on 25 miles per hour with a minimum charge of one (1) hour. Fractions of one-half (1/2) hour and over will be considered as a whole hour. Time of equipment's departure and arrival at the terminal will be indicated on the bill of lading and freight bill for each shipmen, 6 hour minimum applies.
Monday through Friday
*Sunday and Holidays
* Subject to a six (6) hour minimum.
* Where different rates on the same article or articles based on different minimum weights are provided, the lowest charge obtainable under the different rates and minimum weight applicable thereto, or actual weight if greater, will be applied.:
* Except as otherwise provided herein, the rates and charges cover the transportation service from storage facilities of one shipper at one origin to storage facilities of one consignee at one destination, and include the services of one driver in the operation.
* Upon receipt of freight, it will be the duty of the carrier, or his agent, to immediately examine the commodity offered, and, if found as described on the shipping paper, to issue a bill of lading for each truckload which will show the name of the shipper, point of origin, name of consignee, destination (to include plant or delivery location address), description of commodity, the number of packages or pieces, or the number of gallons of each commodity received and the hazardous materials classification, if applicable. Bill of lading will also show actual scale weight, if scales are available, or shipper's estimated weight of each commodity, and if the shipment is prepaid or collect. If freight charges are to be collected from anyone other than the consignor or consignee at the address shown on the shipping paper, the correct name and address of the party responsible for freight charges will be shown on the shipping paper.
* The shipper at loading point must provide the carrier with shipping papers showing the correct commodity description and the correct hazardous materials classification, if applicable, of the product to be shipped, pursuant to the Department of Transportation Regulations. Abbreviations must not be used. The shipping paper, as used herein, is any document tendering a shipment to the carrier for transportation.
* The shipper must also specify the type of tank trailer specification required for the transportation of hazardous materials, if applicable, and other trailer equipment requirements such as: Stainless steel (304 or 316); aluminum; amount of insulation; steam coils; compartments; etc. . . Requirements for accessorial equipment such as pumps, type and length of hose, type and size of fittings, air compressor, and/or other equipment must be specified when equipment is ordered.
* Upon receipt of the above information, the carrier will advise the shipper the type of equipment and its last contents, if requested. Upon approval from the shipper for loading, the carrier will tender such equipment. When tank trailer or other type equipment arrives at shipper's plant, the shipper shall inspect carrier's trailer. Acceptance of the trailer for loading the commodity to be transported shall be the responsibility of the shipper. Upon shipper acceptance of the trailer equipment for loading, all applicable charges named herein shall apply.
* To insure the assessment of the correct freight charges and avoid infractions of Federal and State Laws, shippers should acquaint themselves with the description of articles which they ship, and commodity descriptions in shipping orders and bills of lading should conform to those in the tariff. To insure applicable hazardous materials classification of the product, or products, tendered for shipment, shippers should acquaint themselves with Department of Transportation Regulations.
* When an order is placed for transportation and later cancelled or suspended, through no fault of the carrier, suspension or cancellation must be made before the vehicle leaves its terminal or garage; otherwise, a charge will be assessed at the rate of $75.00 per hour, or any fraction thereof, from the time the vehicle leaves the terminal or garage; until it has returned thereto, minimum 4 hour charge.
* Note: When shipper substitutes, within the hour, another order for transportation to replace the one which was cancelled or suspended, and the vehicle is used immediately at the same shipping point, the provisions of this item will not apply.
* The safest alternate route from origin to destination over which the shipment can be transported will be used when it becomes lawfully or physically impossible to use the practical route from origin to destination because of restrictions imposed by local, state, or federal authorities or because of any other conditions beyond carrier's control.
Upon instructions from shipper, carrier agrees to collect on delivery to consignee all C.O.D. shipments, subject to the following conditions:
* Bill of Lading and Shipping Order must be plainly endorsed "C.O.D. Shipment," with the amount to be collected inserted.
* Collection must be made before shipment is delivered to consignee.
* The charge for collecting and remitting C.O.D. collections will be $50.00 per shipment.
* Except as provided in the following paragraph(s), collection will be made only by certified check, money order, or cashier's check payable to the shipper, unless otherwise ordered by the shipper.
* Carrier will deliver C.O.D. remittances direct to the shipper's origin point office promptly and within seven days after delivery of the C.O.D. shipment to the consignee.
* Upon written instruction from the shipper, uncertified checks made payable to the shipper for C.O.D. shipments will be accepted by the carrier for transmission to the shipper, and upon receipt of such uncertified check the shipper shall hold carrier free of all responsibility for validity and collection thereof.
* Time consumed waiting under this item will be considered part of the unloading time and detention charges will be assessed. See section Demurrage.
* Carrier will make diligent effort to furnish tank vehicles suitable for transportation of commodities named, the interior of which have been rough cleaned at carrier's expense. Rough cleaned means made reasonably free from remains of material foreign to the commodity for transportation. Upon shipper request, cleaning services above or beyond rough cleaning will be provided at actual cost to carrier. Actual cost will include the charge for cleaning by vendor and all other charges provided herein.
* Carrier will, in request before dispatch, advise shipper or its agent as to commodity last transported in tank vehicles with which it proposes to transport commodity offered for transportation, and shall on arrival permit inspection of interior of vehicles or accessory equipment by authorized agent or shipper.
* When a tank which has been properly presented by carrier to shipper, and shipper rejects said tank through no fault of carrier, and tank must be cleaned or replaced at the request of shipper, the actual cost of re-cleaning will be assessed.
* Shipper may elect at his own expense to re-clean interior of tank or accessory equipment, in which case carrier will allow one hour without charge for the cleaning operation. Cleaning time in excess of one hour will be charged at $75.00 per hour.
* When carrier furnishes tank vehicles and shipper loads said vehicle, carrier will not assume any responsibility or liability for contamination of commodity loaded into such vehicle.
* When carrier tenders tank to shipper, and the last load transported in said tank was the same commodity as to be loaded, and shipper rejects tank for loading, carrier will clean tank at request of shipper, and the actual cost of cleaning will be assessed.
* Cleaning charges to be billed to customers shall include relating to cleaning, disposal of effluents and, if applicable, any hazardous waste tax or surcharge.
* Where carrier furnishes tank vehicle to transport commodity named by shipper, and shipper loads said vehicle, then shipper will indemnify and hold carrier harmless and will pay carrier all costs incurred by carrier if product loaded:
1. Damages or destroys said vehicle.
2. Renders said vehicle unusable until properly cleaned or deodorized.
3. Leaks from said vehicle because of incompatibility with said vehicle and results in damage or contamination to the environment.
4. Results in civil or criminal actions against the carrier by third parties because of incompatibility of product loaded with the vehicle tendered.
When a shipment is tendered to the carrier, and at the same time, carrier is requested to transport a return load in conjunction with the initial outbound movement, the following conditions and charges will apply.
* Bill of lading-outbound load: The bill of lading shall identify the consignor and the consignee of the subsequent loads and the location of each.
* Bill of lading-subsequent loads: The bill of lading shall identify the consignor and the consignee of the outbound load, and the location of each. This bill of lading shall include a statement that the return load is available for immediate loading.
* Charges: Under the provisions of this Item, the outbound movement will be subject to the applicable tariff rate. The rate applying on subsequent loads shall be computed on the basis of fifty percent (50%) of the applicable published rate from origin to destination of the return load.
* Payment of charges: Either the consignor or the consignee of the initial outbound movement shall pay all applicable charges for both the outbound and the return load.
* Empty mileage: Empty mileage between the destination of the outbound load and the origin of the return load will be subject to a charge of $1.85 per mile, to be added to all other applicable freight charges to be paid by the party responsible for the total charge.*
Tank cleaning: The bill of lading issued to cover the initial outbound load shall include a statement by the consignor electing the application of one of the following:
1. The tank furnished is suitable for the transportation of the return load of a compatible product for transportation in the same tank vehicle, or/
2. The tank will be cleaned by the consignor or consignee at their expense. Where the consignor or consignee cleans the tank, a minimum of one (1) hour free time will be allowed in addition to the provisions in the section Demurrage Rule, or/
3. The tank will be cleaned by the carrier subject to a charge as provided in the section Condition of Tanks.
* Non-application: The provisions of this item will not apply:
1. When the mileage of the return load, from the point of pick-up to destination, and the empty deadhead mileage, from the destination of the initial outbound load to the origin of the return load, combined, exceeds the mileage of the outbound load by more than fifty percent (50%).
2. When the empty deadhead mileage from destinations to origins exceeds twenty five percent (25%) of the mileage of the initial outbound load.
* A shipment is any quantity of freight from one shipper at one point of origin, in one day, on one bill of lading or shipping document, and consigned to one consignee at one destination.
* Carrier does not agree to transport shipments on any particular truck, nor in time for any particular market and will not be responsible for any losses occasioned by unavoidable delays, but agrees to use all possible diligence in transporting all shipments.
* Shipper and consignee shall make reasonable provisions for immediate loading and unloading of vehicles.
* Except as otherwise provided, one (1) hour free time will be allowed shipper for loading and one (1) hour free time will be allowed consignee for unloading.
* Loading and unloading time will be deemed to run from the time a tank truck is accepted for loading and from the time it arrives at a plant for unloading until the time when all connections have been removed, necessary shipping documents have been executed and the tank truck is ready to leave the premises.
* A demurrage charge of $85.00 per hour, computed to the nearest 15 minutes will be charged for detention of vehicles in excess of free time above described when such detention is not ascribable to the motor carrier.
* When equipment is held overnight, and driver is not required to be on duty, in attendance with the vehicle, a minimum charge of eight (8) hours will apply. If there are no facilities for lodging available where the equipment is held, a charge of $1.85 per mile to and from such facilities will apply in addition to other tariff rates and c
* Dispose of fractional parts of fifteen minutes as follows:
Less than 7 1/2 minutes
7 1/2 minutes or over
Full 15 minutes
Except as otherwise provided, when carrier is permitted to deliver shipments of cement, in bulk, at any time during the designated delivery period described herein, carrier shall make an allowance to consignee for each load, subject to the conditions of Plan A, Plan B, or Plan C , and the following provisions:
* Consignee or consignee's designated agent must request in writing, that delivery service is to be performed and unloading facilities are guaranteed to be provided on the basis of Plan A, Plan B, or Plan C of this item.
* Consignee must provide carrier with all keys necessary to perform the delivery service.
* Consignee must furnish all lights and electrical power necessary to perform the delivery service.
* Consignee must furnish any unloading pipe and connections which are required for unloading in addition to the 16 feet of unloading hose which is provided by carrier.
* Intake lines or storage facilities must be plainly marked or designated and valves set so the product can be properly unloaded in the absence of consignee or its agent.
* In the absence of consignee or its agent, carrier assumes responsibility for complete unloading of product.
* Consignee must provide storage facilities capable of holding the quantity of product to be delivered.
* Payment of the allowance provided herein will be made to consignee or its designated agent by the fifteenth (15th) day of each month with an accompanying statement identifying each load delivered under the provisions of this item during the preceding month.
Plan A: 24-Hour Delivery Service:
Where carrier is permitted to deliver shipments of cement, in bulk, at any time within twenty-four (24) hours after receipt of an order, carrier shall make an allowance to consignee of:
$ 15.00 per load - Subject to the following provisions:
1. The bill of lading or other shipping instructions must be endorsed "Plan A Service."
2. Consignee must guarantee to make its facilities available for carrier delivery at any time of the day or night within twenty-four (24) hours of receipt of an order by carrier.
Plan B: After Hours Delivery Period:
Where carrier is permitted to deliver shipments of cement, in bulk, between the hours of 4:00 P.M. and 6:00 A.M., carrier shall make an allowance to consignee of:
$ 10.00 per load - Subject to the following provisions:
1. The bill of lading or other shipping instructions must be endorsed "Plan B Service."
2. Orders for service under this plan of this item must be received by carrier prior to 2:00 P.M. each day. Consignee must guarantee to make its facilities available for carrier delivery between 4:00 P.M. and 6:00 A.M.
Plan C: Daytime Delivery Period:
Where carrier is permitted to deliver shipments of cement, in bulk, anytime at the carrier's convenience between the hours of 6:00 A.M. to 6:00 P.M., carrier shall make an allowance to the consignee of:
$ 7.00 per load - Subject to the following provisions:
1. The bill of lading or other shipping instructions must be endorsed "Plan C Service."
2. Orders for service under this plan of this item must be received by carrier prior to 10:00 A.M. each day.
Note 1: The provisions of this item will apply year round, except during peak shipping season (April 1 to November 15 inclusive); the provisions of this item will apply only when carrier is permitted 24 hour loading at origin point shipping facilities.
Note 2: The provisions of this item will apply only on deliveries to permanent plant site facilities of cement products manufacturers.
Note 3: The provisions of this item do not apply where shipper, consignee or consignee's agent utilize the services and provisions of section, Furnishing of Storage by Carrier.
* When, at the shipper's request, carrier is requested to move equipment from one of its terminals to an origin point not in the terminal area, in order to perform service authorized herein, a charge of $1.85 per mile for each tractor-semi-trailer unit shall be made for all excess mileage that the carrier's unit travels. Carrier shall dispatch equipment from the closest terminal where it has equipment available to perform the transportation requested, minimum $250.
Shipments may be diverted or reconsigned in transit, or after arrival at billed destination, subject to the following rules, regulations and charges:
* Diversion or reconsignment instructions must be confirmed in writing to the carrier.
* A charge of $ 75.00 will be made for each diversion or reconsignment.
* The rate to be applied on shipments diverted or reconsigned at a point directly intermediate to final destination will be the published rate from point of origin to the final destination.
* When the point at which diversion or reconsignment is effective is not directly intermediate to final destination, the applicable rate shall be computed as follows:
1. Add miles from origin to point of diversion or reconsignment, plus
2. Miles from point of diversion or reconsignment to final destination, and
3. Apply the applicable rate by using the miles so computed.
* A diversion or reconsignment which results in a direct back haul toward the origin, the rate to be applied shall be computed as in item above.
* Time consumed waiting for instructions under this item, will be considered part of unloading time and detention charges will be assessed as provided in section Demurrage.
Note 1: The term "diversion" or "reconsignment" means a change in the name of consignee and/or destination of the entire shipment, except as otherwise provided herein, or any other instructions given to the carrier requiring an addition to or change in billing necessary to affect delivery or involving an additional movement of the vehicle, or both.
Note 2: The term "directly intermediate" shall be construed to mean via a route which does not traverse more than 112 percent of the mileage from point of origin to the final destination.
Note 3: The term "direct back-haul" shall be construed to mean via a route which does not traverse more than 112 percent of the mileage between first-billed destination and point of origin.
* When, due to governmental restrictions against the use of highways by trucks weighing in excess of posted weight limits, or due to other unusual road conditions beyond the control of carrier, a shipment cannot be transported to destination over routes having mileage not in excess of the mileage upon which rates are named in the applicable tariff, at shipper's request, the shipment will be transported over a longer route (if one is available).
* The applicable rate to apply will be the rate for the actual miles operated as taken from mileage commodity rates applicable to the commodity being transported.
* Specific point to point commodity rates will not apply where the provisions of this item are made applicable.
* To determine distance referred to in this item, refer to the Governing Mileage Guide as set out in section Governing Publications.
When it is necessary to provide hose, in excess of 36 feet to affect either the pickup or delivery, or both, of a single shipment, the following provisions and charges will apply:
* If available, either two (2) or three (3) inch hose, inside diameter, will be provided.
* For the purpose of this rule, the footage of hose will be computed as follows:
1. Loading Operations - From the shipper's discharge point to carrier's vehicle intake point.
2. Unloading Operations - From the point of discharge of carrier's vehicle to receiver's intake point.
* Footage of hose in excess of 36 feet as computed in paragraph above, will be charged for on the basis of 200 cents per foot for the first 100 feet additional, and 300 cents per foot for the excess over 100 feet.
* When it is necessary for carrier to dispatch a service truck to either origin or destination to provide extra hose, an additional charge of $85.00 per hour or any portion thereof will be assessed.
Upon request, when and if available, carrier will supply a portable cement storage bin, subject to the charges and conditions set forth in Parts 1 and 2 below.
Rental for each storage bin furnished will be as follows:
* $0.50 cents per ton per storage silo domiciled subject to a $500.00 per week per storage silo minimum charge.
Note A: For transportation, including fees and permits to job site, there will be a charge of $1.50 per running mile for transporting each bin from points of origin to destination with a minimum charge of $250.00 per bin.
Note B: Where storage bin is not transported to another job site, there will be a charge of $1.50 per running mile, with a minimum charge of $250.00 per bin, for returning the storage bin upon completion of project.
Note C: A week will be deemed to be Monday through Friday. Any portion of a week will be charged as a full week.
Note D: Carrier will not provide blocking of the bins.
* The carrier must be supplied a suitable, level site for erection of the portable storage bin, capable of supporting 200 tons. Suitability of the site shall be the decision of the carrier alone.
* A portable storage bin of approximately 188 tons gross storage capacity will be supplied and erected by the carrier.
* Pumping equipment will be supplied and repaired by the carrier. Gasoline, oils, lubricants, greases, battery service and antifreeze, plus daily maintenance will be supplied by the user of the portable storage bin.
*Except by permission of the carrier, no individual other than the carrier may move the portable storage bin.
* Only the carrier owning the portable-storage bin may deliver cement into it unless owner authorizes additional use of bin.
* The bearer of the charges in Part 1 hereof shall be responsible for damage or abuse to storage bin occurring during bearer's possession of said bin, normal wear and tear excepted.
These terms are governed, except as otherwise provided, by the following described publications, including supplements thereto or subsequent reissues thereof:
* Mileage Guide ALK PC Meiler – practical route, most recent version.
* ATA Hazardous Materials Tariff 111-G, ICC ATA 111-G, issued by American Trucking Associations Inc., Agent.
* Distance to or from points, not shown in the above-referenced mileage publications, will be computed by adding or subtracting the actual miles to or from the nearest highway point shown. Fractions less than one-half mile, omit, fractions one-half mile or greater, increase to the next whole mile.
* Route and mileages may be altered for safety concerns.
* Nothing shall be construed as making it binding on a carrier to pick up and/or deliver freight at locations from and/or to which it is impracticable to operate equipment on account of the condition of highways, roads, streets, or alleys, or because of riots. In such latter cases, notice shall be given consignee and delivery made at terminal depot.
* The carrier will perform loading operations at the point of origin and unloading operations at the point of destination in the absence of the consignor, consignee or their agents, subject to the following conditions :
1. Shipper and consignee will make their premises available to the carrier for loading at point of origin and unloading at point of destination any time during the twenty four (24) hours of a day,
2. Prior arrangements have been made between consignor, consignee, or their agents and the carrier has been supplied with the necessary key or keys; and,
3. The consignor, consignee, or their agents shall have prepared the premises for key stop operations, including but not limited to the consignee's setting the intake valves so that the products will flow to the desired storage tank or tanks.
* The carrier will not load or unload in the absence of the consignor, consignee, or their agents in the event these conditions are not followed.
* The carrier will assume no responsibility beyond that of transferring the product from the carrier's vehicle into the intake valves and will not be responsible for any mixture of products or shortages.
* At the request of the Shipper or Consignee, tractor trailer and driver must layover for any reason not caused or attributable to carrier. Layover time is in addition to detention, and takes the place of detention after a driver shift of 0600 to 1900 has expired, and driver is released from loading / unloading site.
Amount Per Day
Single Driver / Week Day
Single Driver / Weekend
Team / Week Day
Team / Weekend
* When, at request of consignor or consignee, a trailer or combination of trailers, is loaded in advance of the time it is to be dispatched to destination and held by carrier until such time as it is so dispatched, a charge of $145.00 per 24 hour period or fraction thereof shall be made, that the vehicle is so held.
* When a tractor without driver is also required to be held as described above, there will be assessed a charge of $290.00 for each 24 hour period or fraction thereof, that the tractor is so held.
* The charges assessed under this Item will be in addition to the freight charges and all other lawful charges.
* The provisions of this Item will not apply when such advance loading is done at carrier's request and so indicated on the bill of lading.
* Carrier's metered equipment will be furnished for unloading when ordered prior to movement of shipment. The charge for meter-equipped units shall be $100.00 per load if available.
* Except as otherwise provided, when restrictions, either local, state, or federal, provide maximum weight restrictions which thereby prohibit truckloads of the minimum weights as provided in tariffs making reference hereto, equipment will be loaded to the maximum allowed by those restrictions, and the rates named in tariffs making reference hereto, will be assessed on the applicable minimum weight.
* Where a tank truck or tank vehicle having a capacity less than the applicable minimum gallonage (or weight) provided herein is furnished for loading at the carrier's convenience, charges shall be based on the actual gallons (or weight) transported, subject however to the provision that the actual legal capacity of the tank truck or tank vehicle shall be considered as the minimum gallonage (or weight) for each such shipment.
* When two or more commodities taking different rates, are shipped at one time in a compartment transport or tank truck, the charges shall be computed on the basis of actual gallonage of each commodity at its respective rate, subject to a minimum charge on the entire shipment based on the highest rate applicable to any commodity in the shipment and the minimum gallonage applicable to that rate.
* Rates applicable on cement in bags, in tariffs making reference hereto, will also apply when said bags are loaded on shipper or consignee owned pallets. Charges will be computed on the net weight of the cement in bags, and such charges shall include the movement of pallets from point of origin to point of destination and return, provided the shipper specifies the weight of the pallets on the shipping order and/or bill of lading, and provided further that the weight of the pallets does not exceed 1,500 pounds. Excess pallet weight will be added to the net weight of the cement in bags in computing charges.
Note: For the purpose of clarification, the word "pallet" shall include shipments on skids or platforms.
* The carrier will not deliver or relinquish possession of any property transported by him until all rates and charges thereon have been paid in cash, money order, or certified check, except where other arrangements have been made in accordance with the rules and regulations of the Department of Transportation.
* Where credit arrangements have been made, all charges must be paid within seven (7) days from the date of delivery at final destination. After a period of thirty (30) days from date of delivery at final destination, interest will accrue on the unpaid balance of rates and charges. Such interest will be retroactive to the date of delivery, at the lower of 1) ten percent (10%) over the ending New York prime interest rate for the previous fiscal quarter, or 2) the highest rate allowable by governing local, state or federal laws and legislation. In addition, all fees and expenses incurred in the collection of such rates and charges will be added to the unpaid balance.
* Unless otherwise provided herein, the rates named include one pickup and one delivery at points and places accessible to carrier's vehicles within the limits of the cities, towns, villages and other receiving or delivery points from and to which rates apply.
* During the time the normal operations of the shipper's plant are interrupted by labor disturbances, accompanied by violence or imminent threat thereof, carrier may dispatch equipment to pick up shipments. If the equipment is not permitted to enter the plant because of picketing or any other condition due to labor dispute, accompanied by violence or imminent threat thereof, it shall be considered as a cancelled order and the provisions of Cancellation or Suspension of Orders shall apply.
* If the carrier is not permitted to enter the premises of the consignee at the point of destination for delivery of a shipment due to labor disputes, accompanied by violence or imminent threat thereof, the load shall be considered as undeliverable and the provisions of Cancellation or Suspension of Orders shall apply.
* No carrier equipment shall attempt to enter or leave a property at which there is in existence a labor disturbance accompanied by violence or imminent threat thereof without first receiving a written request from shipper or consignee to attempt to provide the service and obtain the personnel who will operate the equipment during the process of entry to and/or departure from the property. Personnel, if available, will be provided by the home office of the carrier and subject to the following charges per man:
1. 75 cents per mile for all miles traveled.
2. $125.00 per 24 hour period, or fraction thereof for food and lodging.
3. $75.00 per hour, or fraction thereof, subject to a minimum of $250.00.
* Charges under the provisions of this item shall run from the time of departure from the point of dispatch until return thereof. Charges under this item shall be paid by the shipper or consignee placing with carrier the written request for service subject to this item.
* Except as otherwise provided, where shippers and/or consignees do not maintain pumping facilities when pumping equipment is needed for loading or unloading, loading or unloading will be performed by the carrier at a charge of fifty dollars ($50.00) per occurrence for loading or unloading.
Except as provided in Part B, if all or any portion of a shipment is rejected or refused by consignee at destination for any reason not attributable to carrier, and upon instructions from the shipper or his agent, is returned to point of origin, shipment will be subject to charges at the rate applicable for origin to destination, plus fifty percent (50%) for the return transportation, subject to a minimum charge of $150.00 and an additional charge of $35.00 will be assessed for arranging for return of such shipments. The additional charge of fifty per cent (50%) will be computed on the basis of the actual amount returned and on the basis of the applicable outbound rate.
When shipments of perishable freight are refused or unclaimed at destination, shipper will be notified by wire at his expense.
* If disposition is not furnished promptly, shipment will be placed in public storage at shipper's or owner's risk and expense.
* If the goods are likely to be damaged by delay, the same shall be sold and freight charges, plus expense of handling, will be deducted. Balance of monies, if any, will be remitted to the shipper or owner.
* Perishable shipments will not be returned to shipper without specific instructions from shipper or owner to return same.
* Perishable shipments returned shall be subject to the same charges as is applicable to the inbound shipments and all freight charges shall be guaranteed to the shipper or owner.
Note: Provisions named herein are not applicable where provisions named in section Rejected or Refused Shipments (applicable on cement shipments only) apply.
* If any shipment is rejected or refused, wholly or in part, by the consignee at destination for any reason not attributable to carrier, before carrier's vehicle has left the premises, it may be returned to the point of origin upon order of the shipper, and a charge of fifty per cent (50%) of the outbound rate will be assessed on the actual quantity returned, subject to a minimum weight of 9,400 pounds. The applicable rate and minimum weight from point of origin to destination will be charged for the outbound movement in the usual manner. Time consumed while waiting for orders under this rule will be considered as part of the unloading time and will be charged for as provided in section Demurrage.
* When shipments are hauled in equipment provided by someone other than carrier, carrier liability for such equipment and cargo will be limited to $25,000.00.
* Carrier will not accept responsibility for spillage including any resulting claims or cleanup orders from any environmental or similar agency of the city, state or federal government or other government unit, when such spillage is caused by inadequate vent pipes or vent pipes that restrict or impede the regular flow of escaping air from storage tanks or when such spillage is caused by shipping orders either written or verbal, that result in consignee's storage tank overflowing or disrupting some other function caused by this action, due to the amount of product ordered exceeding the remaining capacity of the storage tank.
When a shipment is required to be unloaded by spreading method, it will only be handled in this manner under direction of the consignee if the following conditions are met:
* If a spreader box or other type of auxiliary equipment is required, such equipment must be furnished by the consignee. Consignee must attach and detach such equipment to and from trucker's vehicle.
* Upon request of the consignee, carrier will furnish a spreader box or other type of auxiliary equipment if available, subject to an additional charge of 650 cents per 2,000 pounds.
* Consignee will furnish motive power to either push or pull the carrier's vehicle while the shipment is being spread, if the carrier so desires.
* In the event the trucker's vehicle, during the spreading operation, makes delivery in more than one rate bracket or zone, in all events the higher rate or zone designation shall apply for the primary charge.
A charge of 650 cents per 2,000 pounds will be assessed for cement spreading service and will be in addition to all other applicable charges herein.
A charge of $75.00 per hour, or fraction thereof, will be assessed for spreading service (except cement) and will be in addition to all other applicable charges herein.
* Partial Loading and Unloading at One Point:
On shipments partially loaded or unloaded at two or more locations, which are within the corporate limits of a single point, the rate to be assessed will be the line-haul rate from origin to destination, plus an additional charge of $75.00 per stop, except for the first stop for which no charge will be made. (Exception): On shipments other than bulk shipments, the charge will be $75.00 per extra stop.
* Partial Loading or Delivery at Multiple Points:
On shipments loaded or delivered at two more places, which are not within the corporate limits of a single point, the rate to be assessed will be the greater of the highest rate applicable between any of the loading and destination points or the applicable mile block rate bases on the actual miles traveled from first origin through final destination. (Subject to Note 1).
Note 1: The term "stop" is defined to include any stop made pursuant to instructions by the shipper for the purpose of loading or unloading any part of the lading, regardless of whether or not any loading or unloading is made.
* Except as otherwise provided in individual items, when more than one article is included in a rate or rating item or commodity description list, the applicable rate or rating will apply on straight or mixed shipments of the articles included in such rate or rating item or commodity.
* When shipper orders vehicle for shipment of the minimum weight specified and carrier is unable to furnish a vehicle of sufficient capacity to permit loading thereof, and to expedite delivery, furnishes a vehicle of smaller capacity, and shipper loads the vehicle furnished to its legal capacity, the charges on such shipment shall be assessed on basis of quantity loaded to the trailer's legal capacity which shall be the minimum weight, in lieu of the minimum weight specified, provided shipper shall make the following notation on the bill of lading or shipping document for said shipment.*
"This is to certify that the undersigned shipper ordered a vehicle of sufficient capacity to permit loading of the minimum weight specified, but that carrier to expedite delivery furnished a vehicle of small capacity in lieu thereof, which was loaded to its legal capacity.
* When, at shipper's or consignee's request, a vehicle is dispatched to load, or is loaded, or is in route in either direction, or is unloaded on Holidays or Sundays, a charge of $35.00 per hour, or fraction thereof, will be assessed for the time such service is performed on Holidays or Sundays, such service will be subject to a minimum charge of $200.00 per vehicle. Such charges shall be in addition to all other charges applicable on the shipment. (See Notes 1,2, and 3).
Note 1: Carrier shall notify the shipper of the location of the vehicle prior to dispatch thereof.
Note 2: If a Holiday occurs on a Sunday, the following Monday will be considered as the Holiday for the purpose of this item.
Note 3: The term "Holiday" shall include any Holiday for which carrier is obligated to compensate its driver at time and one-half or more.
* Freight charges for L.P.G. will be assessed on net gallons at 60 degrees Fahrenheit. Shippers or pipe line shall certify on bill of lading the number of net gallons at 60 degrees Fahrenheit loaded at point of origin.
* Where, at the request of the shipper, the domicile of a unit of carrier's equipment (tractor or trailer and semi-trailer) is changed from the initial location at which the shipper bonds special service under the rates and charges, and such change requires temporary relocation of the driver assigned to said unit, a charge of seventy-five dollars ($75.00) per day will be assessed, for the food and lodging of each driver, while said unit is away from its original domicile.
* Service will not be provided for the unloading of corrosive liquids requiring the use of MC-310, 311, or 312 tank vehicles, or hot asphalt into drums or similar containers.
* When drumming service from the carrier's vehicle is requested on products other than those listed above, the carrier will deliver directly into drums having a capacity of no less than fifty (50) gallons.
* A charge of ninety-five dollars ($95.00) per load will be assessed in addition to all other charges.
* When it is necessary for carrier to dispatch a service tank truck to either origin or destination to provide extra hose, an additional charge of seventy-five dollars ($75.00) per hour or any portion thereof will be assessed.
* When toll bridges or toll roads are used on shipments moving under rates applicable to this tariff, the actual bridge toll or road toll charges will apply in addition to all other applicable freight rate charges.
* Carrier will submit copies of bridge toll receipts for verification by shipper of actual charges incurred, if requested.
* Tolls on telegrams and telephone messages, of their agents or representatives, relative to routing or other service in connection with shipments of commodities named herein will not be assumed by the carrier, except when such toll is in answer to telegram or telephone message initiated by the carrier, relating to the traffic of the shipper.
* Distance commodity rates named in this tariff apply only via the shortest practicable route over limited-access divided highways, highways of four lanes or more and paved roads (all-weather). If any part of the shortest practicable route is over unimproved roads, an additional charge of fifteen dollars ($15.00) per one quarter hour or a fraction thereof will apply for the time required to traverse the unimproved road. Such hourly charge shall be in addition to the linehaul transportation charges applying from origin to final destination.
* When carrier is required to unload shipments from rail cars into carrier's equipment, and no specific commodity rate has been provided, a charge of seventy five cents (75 cents) per 100 pounds on liquid commodities and a charge of seventy five cents (75 cents) per 100 pounds on dry commodities for unloading will be assessed in addition to all other applicable charges.
Note: If special equipment is required to facilitate transfer, shipper must furnish such special equipment.
* When a shipper or consignee requests that a shipment be weighed, this service, whenever practicable for the carrier, will be performed by the carrier at a charge of twenty dollars ($20.00) per weighing unless weighing is done without charge to the carrier on premises of shipper or consignee within free time provided for loading.
* If, in the process of weighing, it is necessary to travel off the direct route from point of origin to point of destination, an additional charge of one hundred and thirty cents (185 cents) for each out-of-line mile shall be assessed in addition to all other charges.
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