EXHIBIT 10.3
[ENTERPRISE LOGO APPEARS HERE]
ENTERPRISE TRANSPORTATION COMPANY
a division of Enterprise Products Company
X.X. XXX 0000 . PHONE 713 / 000-0000 Xxxxxxxx Xx. 000
XXXXXXX, XX 00000 ______
Date: June 1, 1998
TRANSPORTATION CONTRACT
THIS CONTRACT is entered into by and between ENTERPRISE TRANSPORTATION
COMPANY, a division of Enterprise Products Company, ("Carrier"),
and ENTERPRISE PRODUCTS OPERATING L.P., a Delaware limited partnership
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X.X. Xxx 0000 Xxxxxxx, XX 00000 ("Shipper").
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(Address) (City) (State)
Shipper is engaged in business as a manufacturer, distributor or dealer of
chemicals or petroleum products ("COMMODITIES"), and Shipper requires
transportation of Commodities in intrastate, interstate or foreign commerce;
Carrier is authorized to provide transportation for Shipper as a motor contract
carrier under authority issued by the U.S. Department of Transporation in Docket
No. MC-121496.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
the parties agree as follows:
1. Shipper shall tender commodities to Carrier for transportation by
Carrier in a specialized service designed to meet the distinct needs of Shipper
in interstate or foreign commerce between points in the United States.
2. Shipper shall tender to Carrier and Carrier shall transport in a
series of shipments not less than 10,000 pounds of Commodities per year.
3. As compensation for the services provided by Carrier under this
contract, Shipper shall pay Carrier in accordance with 1) Rate Appendices making
reference to this contract which shall from time to time be agreed to between
the parties and 2) Carrier's Contract Carriage Rules and Regulations attached as
Exhibit A, which are incorporated in this contract by this reference for all
purposes (collectively, the "Schedule").
4. This contract shall be for a term of one year commencing on the date
first above written; thereafter, it shall automatically continue until
terminated by either party upon not less than thirty (30) days prior written
notice to the other party.
THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE.
ENTERPRISE PRODUCTS OPERATING L.P. ENTERPRISE TRANSPORTATION COMPANY
By Enterprise Products GP, LLC, its general partner
(Shipper)
By: /s/ X.X. Xxxx By: /s/ Xxxx Xxxxxx
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Title: Executive Vice President Title: Executive Vice President
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TERMS AND CONDITIONS
1. For each shipment under this contract, Shipper shall designate the
points of origin and destination and any point or points where stopoffs shall be
made for partial loading or unloading. Shipper shall exert its best efforts to
load each shipment to the lawful capacity of Carrier's vehicle. Each shipment
shall be evidenced by a shipping document signed by Carrier, consignor and
consignee, showing the kind and quantity of Commodities received and delivered
by Carrier at the loading and unloading points, respectively; provided, however,
the provisions of any shipping document, xxxx of lading or other instrument to
the contrary notwithstanding, this contract and the Schedule shall exclusively
govern the relationship of the parties with respect to the subject matter of
this contract.
2. (a) Carrier shall invoice Shipper for the services provided under this
contract promptly upon performance. All sums due under any invoice shall be
payable without discount upon receipt of the invoice. Amounts more than 30 days
past due shall bear interest from the due date to the date of payment at the
lesser of 1) the rate of interest established by Chase Manhattan Bank, New York,
NY, from time to time as its prime rate, plus two (2) percent, or 2) the maximum
non-usurious interest rate which may be charged Shipper pursuant to applicable
Texas law, Article 5069-1.04 Texas Rev. Civ. Stat., as amended.
(b) All sums due under this contract are payable at Carrier's offices in
Houston, Xxxxxx County, Texas.
3. (a) Carrier shall perform services under this contract as an independent
contractor and shall have exclusive control and direction of its employees and
exclusive responsibility to Shipper for any of Carrier's owner-operator
contractors engaged in the performance of this contract. Carrier shall pay all
wages, local, state, and federal payroll taxes or contributions or taxes for
unemployment insurance, worker's compensation, pensions, social security and
related protection with respect to its employees.
(b) Carrier shall, at its sole cost and expense, furnish all vehicles,
fuel, oil, tires, and other parts, maintenance, supplies, drivers and equipment
necessary or required for the performance of the services to be provided under
this contract. Carrier shall procure and maintain all licenses and permits
required by local, state, or federal law and comply with all applicable laws,
regulations and governmental orders with respect to the services to be provided
under this contract.
4. (a) Carrier shall, at its sole cost and expense, procure and maintain
liability insurance with a reputable and financially responsible insurance
carrier or carriers properly insuring Carrier against liability and claims for
injuries to persons (including injuries resulting in death) and for damage to
property in amounts not less than the Minimum Levels of Financial Responsibility
for Motor Carriers prescribed by the U. S. Department of Transportation (49
CFR (S)387 et seq.).
(b) Subject to the limits of the insurance coverages specified in paragraph
4 (a) above, Carrier shall defend, indemnify and hold Shipper harmless from and
against all loss, damage, expense, actions and claims for injury to persons
(including injury resulting in death) and loss of or damage to property arising
out of or in connection with Carrier's negligence in the performance of this
contract; provided, however, Carrier shall not be liable for loss of or damage
to Commodities transported to the extent such loss or damage was not caused by
Carrier's negligence and was caused by an act of God, the public enemy, the act
of Shipper or the inherent vice of the Commodities. Where personal injury or
death or loss of or damage to property arises out of the joint negligence of
Carrier and Shipper, Carrier's duty of indemnification shall be in proportion to
its allocable share of such joint negligence. In no event shall Carrier be
liable for any lost profits or special, indirect or consequential damages.
5. If either party is rendered unable, wholly or in part, by force majeure
or any other cause of any kind not reasonably foreseeable or within its control
to perform or comply with any obligation or condition of this contract, then
upon giving notice and reasonably full particulars to the other party such
obligation or condition shall be suspended during the continuance of the
inability so caused, and such party shall be relieved of liability and shall
suffer no prejudice for failure to perform during such period; provided,
however, obligations to make payment for amounts then accrued or due under this
contract shall not be suspended, and the cause of suspension (other than strikes
or differences with workers) shall be remedied insofar as possible with
reasonable dispatch. Settlement of strikes and differences with workers shall
be wholly within the discretion of the party having the difficulty. The term
"force majeure" shall include, without limitation, acts of God and the public
enemy, the elements, fire, accidents, breakdown, strikes, and any other
industrial, civil or public disturbance, inability to obtain materials,
supplies. permits or labor, any laws, orders, rules, regulations, act or
restraints of government or governmental body or authority, civil or military.
6. (a) if either party should make a general assignment for the benefit of
creditors or if a receiver should be appointed on account of the insolvency of
either party, the other party may, without prejudice to any other right or
remedy, terminate this contract upon seven (7) days prior written notice.
(b) Termination of this contract for any reason shall not release either
party from any obligation that may have accrued before such termination, nor
shall it preclude either party from exercising any remedies it might have in law
or equity to enforce such obligations.
7. No waiver by Shipper or Carrier of any default of the other under this
contract shall operate as a waiver of any future default, whether of like or
different character.
8. Any notice in writing by one party under this contract shall be given by
registered or certified mail, return receipt requested, to the other party at
its address shown on the first page or to such other address as such party may
from time to time specify by notice given according to this provision. A U.S.
Postal Service receipt showing the delivery of such notice and the date thereof
shall be prima facie evidence of the giving of such notice on the date of such
receipt.
9. (a) This contract shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
(b) This contract shall not be assigned in whole or in part by either party
without the prior written consent of the other, except that a party may assign
this contract to a successor entity as a result of a merger or consolidation or
to another entity which acquires substantially all of the assets of that party.
10. The terms and conditions of this contract and all information
concerning the business, customers, products, and processes of each party which
may come into the possession of the other party during the course of the
negotiation or performance of this contract are confidential and shall not be
disclosed to any third party without the prior written consent of the other
party; provided, however, either party may disclose information concerning this
contract to any independent public accounting firm retained to perform an annual
financial audit of that party. This obligation of confidentiality shall expire
two (2) years from the date of the last shipment under this contract.
11. This contract contains the entire understanding between the parties and
may not be changed, waived, or modified unless in writing signed by authorized
representatives of the parties; provided, however, Rate Appendices making
reference to this contract may be confirmed by telecopy or similar written
record of electronic transmission between the parties.
12. This contract shall be governed by and construed in accordance with the
laws of the State of Texas, excluding any binding conflict of laws rule which
might refer such construction to the laws of another state. Any lawsuit related
to or arising out of this contract shall be brought only in the United States
District Court for the Southern District of Texas (Houston Division) or in the
District Court of Xxxxxx County, Texas, to which venue and non-exclusive
jurisdiction each party expressly consents for itself and in respect of its
property for all purposes.
EXHIBIT A
ENTERPRISE TRANSPORTATION COMPANY
CONTRACT CARRIAGE
RULES AND REGULATIONS
[ENTERPRISE LOGO APPEARS HERE]
TABLE OF CONTENTS
100 Charges Generally
110 Governing Publications
115 Reference to Tariffs, Schedules
120 Definitions
125 Terminals
200 Application of Rates - From and To Places Within or Adjacent to
Incorporated Municipalities or Unincorporated Communities.
215 Distances in Excess of Those Shown in Rate Scales
217 Distances - Method of Computing
220 Backhauls and Continuous Movements
230 Mixed Shipments - Truckload
235 Fractions
240 Pickup or Delivery Service
245 Holidays
250 Prepayment
260 Return Shipments - Tendered for Vehicles Enroute
263 Reconsignment or Diversion
265 Rejected, Undelivered Shipments
270 Shipments to and from Points in Canada and Mexico
280 Weighing and Weights
285 Weight
300 Shipment Documentation and Loading and Unloading Directions
305 Loading by Consignor - Unloading by Consignee
310 Cleaning
320 Delivery Schedules
000 Xxxxxx Xxxxxx
340 Impracticable Operations
350 Special Service
360 Stopoffs
370 Tender of Shipments
375 Tank Vehicle or Other Equipment Ordered by the Shipper for Loading
400 Claims for Cargo Loss or Damage
410 Claims for Overcharge, Duplicate Payment or Overcollection
500 Allowance for Use of Shipper's Trailer
510 Setting Out Trailers and Tractors Used for Spotting
520 Waiting at Port of Entry
525 Detention of Vehicles
530 Expedited Service
535 C.O.D. Shipments
540 Hose - Charges for Furnishing
550 Loading and/or Unloading Service
560 Overnight Layovers
570 Heating in Transit
575 Steam Heating
580 Standby Equipment - Exclusive Use
590 Vehicle Furnished But Not Used
ENTERPRISE TRANSPORTATION COMPANY
CONTRACT CARRIAGE
RULES AND REGULATIONS
ITEM 100: CHARGES GENERALLY
All charges provided by each Item herein shall be cumulative and in addition to
all other applicable rates and charges unless expressly provided otherwise.
ITEM 110: GOVERNING PUBLICATIONS
The following described tariffs and supplements or loose-leaf page amendments
thereto or successive issues thereof are incorporated herein by this reference
and shall govern these Rules and Regulations:
TARIFF ICC
TARIFF ISSUING AGENT NUMBER NUMBER
Explosives and Dangerous American Trucking Associations, 111-C ATA 111-C
Articles Tariff Inc., Agent
Mileage Guide Household Goods Carriers' 111-C HGB 100
Bureau, Agent
ITEM 115: REFERENCE TO TARIFFS, SCHEDULES
Where reference is made herein to a tariff, schedule, item, note, or page, such
reference also will embrace amendments and supplements thereto, or successive
issues of said tariff, schedule, item, note or page.
ITEM 120: DEFINITIONS
When used herein and in contracts making reference hereto, the following
terms shall have the meanings set forth below:
"Consignee" shall mean the person to whose facilities a shipment is
destined.
"Consignor" shall mean the person at whose facilities a shipment
originates.
"Freight Xxxx" shall mean any receipt, manifest, xxxx of lading form or
other document used to identify a shipment and evidence Carrier's
receipt and delivery thereof.
"Month" shall mean a calendar month.
"Normal Business Hours" shall mean 8:00 a.m. to 5 p.m. local time on
weekdays (Monday through Friday), holidays excluded.
"Shipment" shall mean a lot of freight tendered for transportation from
one Consignor, at one point at one time for one Consignee at one
destination and covered by one freight xxxx. Unless otherwise provided,
charges will be assessed on each unit required to transport a Shipment
at the applicable minimum weight or truckload minimum weight shown for
each Unit used.
"Tractor" shall mean a truck tractor.
"Trailer" shall mean a tank semitrailer.
"Unit" shall mean a truck tractor-semitrailer combination motor vehicle.
"Vehicle" shall mean a Tractor or a Trailer.
ITEM 125: TERMINALS
"Terminal" as used herein shall mean a point within the following cities or
municipalities:
Arcadia, XX Xxxxxx (Dallas/Ft. Worth) TX
Beaumont, TX Odessa, TX
Xxxxxx Bridge, LA Petal, MS
Freeport, TX Port Xxxxx, LA
Baytown (Houston) TX Texas City, TX
Xxxxxx Junction (Houston) TX
ITEM 200: APPLICATION OF RATES - FROM AND TO PLACES WITHIN OR ADJACENT TO
INCORPORATED MUNICIPALITIES OR UNINCORPORATED COMMUNITIES
1. Incorporated Municipalities:
Carrier's rates, rules and regulations will apply from or to points named and
points and places within the corporate limits of a given municipality and
additionally to and from the following points, places and areas (if within
the United States), as follows:
(a) The municipality itself, hereinafter called the base municipality;
(b) All municipalities which are contiguous to the base municipality;
(c) All municipalities wholly surrounded, or so surrounded except for a water
boundary, by the base municipality, by any municipality contiguous
thereto.
2. Unincorporated Communities:
(a) Carrier's rates, rules and regulations will apply from and to points
named and additionally to and from places and areas (if within the United
States), as follows:
(i) All points within 3 miles of the post office in a given
unincorporated community if it has a population of less than
2,500; within 4 miles if it has a population of 2,500 but less
than 25,000; and within 6 miles if it has a population of 25,000
or more; and
(ii) At all points in any municipality any part of which is within
the limits described in (a) above; and
(iii) At points in any municipality wholly surrounded, or so
surrounded except for a water boundary by any municipality
included under the terms of paragraph (b) above.
(b) When a specific rate is named from or to a specific point embraced within
the commercial zone of a base municipality as herein described, the
provisions of this Item will not apply.
(c) If the population of a community is reported in the latest report of the
United States Bureau of the Census, the population so reported will
govern in applying this Item. If the community does not have a post
office of the same name, distances will be measured from the generally
recognized business center.
When it becomes necessary to compute a rate for a distance in excess of that
shown in the applicable rate scale, the rate shown in connection with the
greatest distance in the applicable rate scale will be added to the rate under
the same scale for the distance in excess of the greatest distance shown in said
scale. The sum of the two rates thus determined will constitute the through rate
from origin to destination.
ITEM 217: DISTANCES - METHOD OF COMPUTING
1. Except as otherwise provided, the governing mileage guide, shall be used in
determining distances between origins and destinations, in computing local
and joint distance commodity rates herein.
2. If Carrier is required to detour a shipment as provided in Item 330 (Detour
Routes), the rate will be based on the mileage published in the governing
mileage guide via the route of movement.
3. When at the request of Shipper a route more distant than the shortest
distance between origins and destinations is used, the mileage published in
the governing mileage guide, via the route of movement shall be used, except
as otherwise provided in this Item.
4. For rate making purposes, distances will be computed over the shortest route
obtained from the governing mileage guide.
5. In computing distances in connection with distance rates from and to the
points shown in Column A below, the distance from or to the point descried
opposite in Column B shall be applied.
COLUMN A COLUMN B
COMPUTING DISTANCES FROM OR TO APPLY DISTANCE FROM OR TO
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West Lake and West Lake Charles, LA Lake Charles, LA
North Baton Rouge, LA Baton Rouge, LA
Bossier City, LA Shreveport, LA
Gretna, Harvey, Marrero, Westwego, LA New Orleans, LA
Plaquemine, LA Baton Rouge, LA plus 15 miles
Avondale and Xxx Xxxxx, XX Xxx Xxxxxxx, XX plus 6 miles
Chalmette, LA New Orleans, LA plus 9 miles
Xxxxx Xxxxx, XX Xxx Xxxxxxx, XX plus 10 miles
Meraux, LA New Orleans, LA plus 9 miles
Xxxxxxx, Xxxxx Station and Xxxxxxx Station, TX Beaumont, TX
West Port Xxxxxx, TX Port Xxxxxx, TX
Deer Park, Pasadena, Galena Park, Green
Bayou and South Houston, TX Houston, TX
Bayport, Texas Baytown, TX plus 13 miles*
Bayport, Texas Houston, TX plus 24 miles
Channelview, TX Houston, TX plus 15 miles
Xxxxxxx, TX Beaumont, TX plus 6 xxxxx
Xxxxx Bluff, TX Beaumont, TX plus 0 xxxxx
Xxxxx Xxxx, XX Xxxxxxx, XX plus 00 xxxxx
Xxxxxx, XX Xxxxxxx, XX plus 00 xxxxx
Xxxxx Xxxx, XX Xxxxxxx, XX plus 32 miles*
* This distance may be used only when the net weight of the shipment does not
exceed 36,000 pounds and does not contain explosives, flammable liquids,
oxidizing materials, corrosive materials, compressed gas or combustible
liquid with a flash point at or below 95 degrees Farenheit.
ITEM 220: BACKHAULS AND CONTINUOUS MOVEMENTS
1. (a) Backhaul Rates. Backhaul rates shall apply only when shipments are part
of a continuous movement in conjunction with an original outbound shipment.
Carrier shall notify Shipper at the time of tender if equipment is available for
loading and movement in backhaul service. If equipment is not available for
backhaul service, such shipments shall be governed by the rates, rules and
regulations otherwise applicable.
(b) Continuous Movement Rates. Continuous movement rates apply only when a
shipment is one of two or more separate consecutive shipments tendered by
Shipper and/or one or more Consignors designated by it and transported to one or
more Consignees; provided, that where such shipment is a backhaul shipment under
Paragraph 1(a), above, the rates shall be those applicable to backhaul
shipments.
2. Charge applicable. In the event that Carrier agrees to provide, at the
request of Shipper, transportation which constitutes a backhaul or a continuous
movement under these provisions, the rate or charge otherwise applicable on said
shipment(s) shall not be applied, and the applicable charge shall be that
provided in accordance with the backhaul or continuous movement rates set forth
in Rate Appendices hereto. Shipper shall be responsible for payment of all
freight charges on backhaul or continuous movement shipments.
3. Route applicable.
(a) Mileage shall be computed based on the aggregate number of miles
traversed in connection with a backhaul or continuous movement shipment, in
accordance with the mileage determination provisions herein, commencing at the
terminal from which Carrier's unit was initially dispatched and ending with
return thereto, computed as follows: (i) the mileage traversed between Carrier's
terminal and the point of origin of the initial shipment; plus (ii) the mileage
traversed between the origin and destination of any shipment and the origin of
the next consecutive shipment; plus (iv) the mileage traversed between the point
of destination of the last shipment and the Carrier's terminal; plus (v) all
additional mileage traversed incidental to any of the mileages specified in
subparagraphs (i), (ii), (iii) and (iv) hereof, for purposes of internal
cleaning of trailer, weighing, stop-off for partial loading and/or unloading,
detour necessitated by highway restrictions or weight limitations, or by
compliance with statutes or regulations of any governmental unit or agency
thereof.
(b) When the trailer of any unit used for a backhaul or continuous movement
shipment is located at the point of origin of the initial shipment, and if
tractor mileage charges and/or trailer rental charges are assessed in
connection therewith pursuant to applicable provisions of these Rules and
Regulations, the route of backhaul or continuous movement shall commence and end
at the said point of origin.
(c) Each freight xxxx in a backhaul or continuous movement must be
cross-referenced to the freight xxxx covering the initial shipment.
4. Cleaning.
Shipper and/or Consignee of the return load shall, at its expense, have the
interior of the tank cleaned so it can handle the return shipment
satisfactorily; or Shipper may request Carrier to have the interior cleaned, and
a cleaning charge of $125.00 shall apply.
ITEM 230: MIXED SHIPMENT - TRUCKLOAD
Two or more commodities taking the same or different rates may be shipped as a
truckload at one time in a compartmented trailer. On such shipments, freight
charges shall be computed on basis of the actual gallonage or weight of each
commodity, as the case may be, at its respective rate, but not less than the
charges that would accrue on basis of the highest rate and corresponding minimum
gallonage and/or weight as provided in Item 285 (Weight) or in individual Items.
ITEM 235: FRACTIONS
In computing freight charges or mileage, all fractions must be retained at their
full value until the final result is obtained, and then all remaining fractions
will be disposed of in the following manner:
Fractions of less than 1/2 cent, reduce to the next lowest cent.
Fractions of 1/2 cent or more, increase to the next full cent.
ITEM 240: PICKUP OR DELIVERY SERVICE
Carrier's rates include, as to each shipment, one pick-up and one delivery at a
place directly accessible to Carrier's unit at all points within the limits of
the cities, towns, villages and other points from and to which the rates apply.
The term "pick-up" as used herein means the service performed by
Carrier in calling for and accepting a shipment.
The term "delivery" as used herein means the service performed
by Carrier in transporting and placing a unit as designated by
the Consignee for unloading.
ITEM 245: HOLIDAYS
The following shall be deemed Holidays:
New Year's Day Independence Day Thanksgiving Day Memorial Day Labor Day
Christmas Day
ITEM 250: PREPAYMENT
Shipper shall prepay of all charges or provide satisfactory assurance of payment
before Carrier accepts shipments.
ITEM 260: RETURN SHIPMENTS - TENDERED FOR VEHICLES ENROUTE
Subject to all other provisions herein, shipments on vehicles enroute under
previous dispatch will be accepted subject to the following conditions:
1. The rate to apply will be 80% of the otherwise applicable distance commodity
rate, other than a rate under Item 220 (Backhauls and Continuous Movements),
subject to the applicable minimum.
2. Shipments may not originate in Louisiana or Texas, and must be destined to
points in the United States in or east of Minnesota, Iowa, Kansas, Oklahoma
and Texas.
3. The provisions of this Item will only apply on distance commodity scales in
excess of 400 miles.
ITEM 263: RECONSIGNMENT OR DIVERSION
1. The terms "diversion" or "reconsignment" mean:
(a) A change in name of Consignor or Consignee.
(b) A change in destination.
(c) Any other instructions given by the Consignor, Consignee, or owner
affecting routing, loading or delivery and requiring an addition to or
change in billing or additional movement of the vehicle or both. And
additional movement of a vehicle from one point to another point or
points within the same loading or unloading facilities to finish loading
or unloading, as the case may be, shall not be considered a diversion or
reconsignment under the provisions of this Item.
2. Shipments moving under the provisions of this Item must be prepaid.
3. A request for diversion or reconsignment must be made or confirmed in
writing. The original shipping documents must be surrendered to Carrier or
proof of ownership by other means must be provided.
4. The rate to be applied shall be the applicable rate from original point of
origin to final destination based on the miles traveled via reconsigning or
diversion point or, where more than one reconsignment is involved, via each
successive reconsigning point.
5. A charge of $30.00 will be made for each diversion or reconsignment.
6. When a diversion or reconsignment order is received by Carrier, reasonable
efforts will be made to locate the shipment and effect the change desired,
but Carrier will not be responsible for failure to do so unless such failure
is due to the gross negligence of its employees.
ITEM 265: REJECTED, UNDELIVERED SHIPMENTS
If, for reasons not attributable to Carrier, a shipment is rejected wholly or in
part by Consignee at destination, it shall be returned at that time in the
delivering unit to the point of origin unless reconsigned to another unloading
point by Shipper.
The rate for return movement of a rejected or undelivered shipment will be
one-half of the rate on the outbound movement in effect on the date of the
return movement. Charges will be based on the actual amount of commodities
returned, subject to the outbound minimum.
Time consumed waiting for orders, under this Item will be considered part of the
unloading time, and detention charges will be assessed as provided in Item 525
(Detention of Vehicles).
If the return movement is rated under Item 260 (Return Shipments - Tendered for
Vehicles Enroute) or Item 220 (Backhauls and Continuous Movements), the rates
applicable thereunder shall apply.
ITEM 270: SHIPMENTS TO AND FROM POINTS IN CANADA AND MEXICO
On shipments to and from points in Canada or to and from points in Mexico, the
rates in schedules making reference hereto apply only as proportional rates to
and from United States ports of entry at the United States-Mexican border.
Shipper shall advise Carrier at time service is requested of the route and the
United States port of entry to be used for movement beyond the United States
border. If Shipper fails to advise or chooses not to advise the port of entry
and/or route to be followed beyond the border, the Carrier shall do so. Upon
selection of such route and/or port of entry by Carrier, the Consignor shall be
deemed to accept such route and/or port of entry as its own routing without
recourse to the Carrier.
ITEM 280: WEIGHING AND WEIGHTS
1. When a weighing service is performed by Carrier, either at the request of
the Shipper or Consignee, or when weighing is required to determine
assessment of freight charges, a weighing service charge of $7.50 will be
assessed for each service; provided however, no charge will be assessed when
weighing is accomplished on Consignor's or Consignee's plant scales, at the
point of loading or unloading, at no cost to Carrier.
2. If it is necessary to deviate from the shortest applicable route of movement
in order to weigh enroute or comply with Shipper or Consignee request to
weigh enroute, the freight rate will be based on distance from origin to
destination via such weigh point.
In the event out-of-line weighing is required of Carrier, commodity rates
will become applicable, and mileage rates will be used to assess freight
charges.
3. If a shipment exceeds the maximum weight which can be legally transported in
the unit loaded and it is necessary to return to origin or some other point
designated for partial unloading, the freight rate will be based on the
total distance from origin to destination via such weigh point and/or such
point of partial unloading. Time consumed in effecting partial unloading due
to overweight shall be considered part of the loading time and shall be
subject to the charges and provisions of Item 525 (Detention of Vehicles).
Commodity rates will become inapplicable in the event the provisions of this
paragraph are applicable, and the mileage rates will be used to assess
freight charges.
4. Time consumed in (1) weighing vehicle before and after loading or before and
after individual compartments are loaded and (2) weighing vehicle before and
after unloading or before and after unloading individual compartments, shall
be considered a part of the loading or unloading time, as the case may be,
and shall be subject to Item 525 (Detention of Vehicles); provided, however,
when Carrier is requested to arrive at Shipper's facility with a tare weight
prior to loading or at Consignee's facility with a gross weight after
loading or tare weight after unloading, without returning to the Shipper's
or Consignee's facility, such weighing time shall not be subject to
provisions of Item 525 (Detention of Vehicles).
5. Carrier will assess freight charges based on scale weights secured at either
origin or destination in accordance with Shipper's instructions appearing on
the freight xxxx. Carrier will not assume responsibility for differences in
weights secured at origin and destination in accordance with Consignor or
Consignee requests.
6. The term "service" as used in this Item shall mean one weighing empty (or
partial empty) and one weighing loaded (or partially loaded). The
difference in the two weights shall be the weight of the entire shipment or
a portion thereof.
ITEM 285: WEIGHT
Carrier's rates shall apply on actual weight transported subject to applicable
minimum weights. The weight loaded shall not exceed the maximum weight which may
lawfully be transported in Carrier's equipment; provided, however, when the
weight of a shipment is less than the minimum weight specified for the
applicable rate, and the rate provides that in no event will freight charges be
based on less than the minimum weight specified, such minimum weight will apply
for the purpose of computing freight charges.
When a minimum load is based on 90% of the gallonage capacity of the vehicle,
freight charges will be based on 90% of the gallonage capacity of the vehicle
utilized.
ITEM 300: SHIPMENT DOCUMENTATION AND LOADING AND UNLOADING DIRECTIONS
1. Upon arrival of Carrier's unit at any Consignor's or Consignee's premises,
Consignor or Consignee, as the case may be, shall be responsible for
examining and validating the documentation connected with the shipment. In
addition, Consignor or Consignee shall be responsible for directing the unit
to the proper loading or unloading facilities and for connecting and
disconnecting Carrier's hose to the loading or unloading facilities; Carrier
shall only connect and disconnect Carrier's hose to Carrier's equipment.
2. Each vehicle offered to the Consignor for loading of the commodity to be
transported is subject to inspection by Consignor; the acceptance of such
vehicles for loading by Consignor shall constitute notice to Carrier that
said vehicle meets Consignor's requirements with respect to specifications,
cleanliness, pumping equipment, hoses and connections.
3. Consignor shall provide all placards required for each shipment in
conformity with regulations of the U.S. Department of Transportation.
ITEM 305: LOADING BY CONSIGNOR - UNLOADING BY CONSIGNEE
Except as otherwise provided, Carrier's rates and charges do not include the
service of the Carrier in loading or unloading.
Carrier's driver will assist Consignor or Consignee in loading or unloading
operations where the assistance is requested. This service will be rendered,
however, only under the direction of Shipper, and Carrier will assume no
responsibility for errors or omissions made in the course of such operations
unless complete written instructions are supplied to Carrier's dispatchers
before the shipment is dispatched and then only if such errors or omissions are
due to the negligence of Carrier's employees; provided, however, that under no
circumstances shall Carrier's employees connect or disconnect Carrier's hose to
the loading or unloading facilities.
ITEM 310: CLEANING
Except as otherwise provided, Carrier shall be responsible for cleaning the
trailer and disposal of all commodity heels and wash water following each
shipment using Carrier's trailers, and no charges to Consignor or Consignee
shall apply because of such cleaning or disposal. Shipper shall be responsible
for cleaning any trailers owned or furnished by Shipper and used by Carrier.
ITEM 320: DELIVERY SCHEDULES
Carrier shall handle shipments tendered to it with reasonable dispatch and
effect delivery of such shipments during Normal Business Hours, unless Carrier
has been advised prior to the shipment being dispatched that the Consignee has
extended its hours of business and/or days of operation. Under no circumstances
shall Carrier be obligated to effect delivery of any shipment at a specified
time or on a specified day. In consideration of the convenience of the
Consignee, Carrier will accept orders calling for preferred delivery periods of
either morning (a.m.) or afternoon (p.m.) and will make reasonable efforts to
comply with such requests, subject to the understanding that failure to arrive
during such preferred delivery period will not relieve the Consignee of the
responsibility to accept delivery of the shipment tendered during its Normal
Business Hours.
ITEM 330: DETOUR ROUTES
If due to floods, washouts, snow, ice, road construction or other conditions
beyond the control of Carrier, any portion of the shortline route, from origin
to destination, as determined from the governing mileage guide, cannot in
Carrier's sole judgement safely be traversed by Carrier's vehicle, Carrier will
detour the shipment over the most practical available route, and a notation will
be placed on all shipping papers and freight bills indicating the route of
movement. The applicable distance commodity rates will apply to the actual route
of movement.
ITEM 340: IMPRACTICABLE OPERATIONS
1. Nothing herein shall be construed as requiring Carrier to transport
commodities or furnish service for which, in Carrier's sole judgment, it
does not have sufficient operational experience or suitable equipment nor to
accept shipments when equipment is not available.
2. Nothing herein shall require Carrier to pick up, transport or deliver
shipments when, through no fault or neglect of Carrier, it is impractical or
unsafe to do so.
ITEM 350: SPECIAL SERVICE
1. During the time the normal operations of Shipper's plant are interrupted by
labor disturbances accompanied by violence or imminent threat thereof,
Carrier may dispatch vehicles or units to pick up shipments. If Carrier is
not permitted to enter the plant because of picketing or any other condition
due to labor disputes accompanied by violence or imminent threat thereof,
the order shall be considered to have been cancelled, and the provisions of
Item 590 (Vehicle Furnished But Not Used) shall apply.
2. If Carrier is not permitted to enter the premises of a Consignee at the
point of destination for delivery of a shipment due to labor disputes
accompanied by violence or imminent threat thereof, the shipment shall be
considered to have been refused or rejected, and the provisions of Item
265 (Returned, Undelivered Shipments - Rejected) shall apply.
3. Upon request of Shipper, Carrier may furnish additional personnel, if
available, to assist in the loading or unloading at a location which is
involved in a labor dispute accompanied by violence or imminent threat
thereof. The charge for furnishing personnel hereunder shall be $20.00 per
person per hour, subject to a minimum charge of $80.00 per person. Time
shall be computed from the time a person leaves the point of dispatch until
his return. In addition, Shipper shall reimburse Carrier for all travel,
lodging and other expenses incurred for such personnel during the time this
charge applies.
ITEM 360: STOPOFFS
1. Except as otherwise provided, shipments moving at Carrier's distance
commodity rates may be stopped in transit at not more than two points
enroute between original point of origin and final point of destination to
complete loading or to partially unload or both. Charges on such shipments
must be prepaid.
2. Shipments stopped in transit to partially unload may be delivered to two or
more Consignees at two or more destinations or to two or more Consignees
within the corporate limits of any one city or town.
3. Shipments loaded or unloaded, as the case may be, at two or more points
within the corporate limits of the same city or town shall be considered as
being stopped in transit for partial loading or unloading under the
provisions of this Item.
4. If Shipper wishes a shipment to be partially loaded at more than one place of
loading and/or partially, discharged at more than one place of unloading, and
if such places of loading are all included within the corporate limits of a
single municipality, or if such places of unloading are all included within
the corporate limits of a single municipality, a charge of $75.00 per stop
will be made for each pick-up and/or delivery, exclusive of the original
pick-up and the final delivery.
5. If Shipper wishes a shipment partially loaded at more than one place of
loading and/or partially discharged at more than one place of unloading, and
if such places of loading are not included within the corporate limits of a
single municipality, or if such places of unloading are not all included
within the corporate limits of a single municipality, the applicable rate
shall be based on the mileage from point of origin to final destination over
the route of actual movement as per Shipper's instructions, computed in
accordance with Item 217 (Distances-Method of Computing). A charge of $60.00
will be made for each stop to unload, or to partially unload, exclusive of
the initial stop at origin and the final stop at destination.
6. On stops for partial loading and/or unloading, as described above, one hour
free time will be allowed at each loading or unloading point. Time consumed
waiting for orders will be considered part of loading and/or unloading time.
Total free time allowable under provisions of this paragraph shall be not
less than that applicable under the provisions of Item 525 (Detention of
Vehicles).
7. Shipments consigned as stop-off for partial loading and/or unloading must be
prepaid by Shipper. Prepayment will include responsibility by the Shipper for
line-haul freight, demurrage, storage, stop-off, pumping, and other charges
as provided herein, which may accrue at the origin, destination, stop-off
points, designated border crossing, or transfer point.
8. The first stop for partial unloading may not be made until all stops for
partial loading have been completed and no further loading may take place
after the first unloading stop.
ITEM 370: TENDER OF SHIPMENTS
Shipper shall make timely tender of a Shipment by placing an order for service
with Carrier at least:
(a) twelve (12) hours, or
(b) three (3) hours plus one (1) hour for each forty-five (45) miles between
Carrier's terminal from which the unit to transport the Shipment will be
dispatched and Consignor's facilities,
whichever is greater, prior to the requested loading time.
ITEM 375: TANK VEHICLES OR OTHER EQUIPMENT ORDERED BY THE SHIPPER FOR LOADING
Shipper, when placing order for equipment to be loaded, should furnish the
following information:
1. Type of tank vehicles required, if known, such as MC-300 through 305, MC-330,
MC-331, carbon steel, stainless steel, aluminum, stainless steel, insulated,
steam coiled, compartmented, rubber lined, or heater.
If the type of equipment needed for loading the product is not known by the
Shipper, the Carrier shall be furnished a complete description of the product
to be loaded, such as, flash point, freezing point, weight per gallon,
pressure, if any, toxicity, corrosiveness and other information that would be
helpful in determining the type of equipment needed to safely transport the
product in compliance with the provisions of the Explosives and Dangerous
Articles Tariff described in Item 110 (Governing Publications).
2. Pumping equipment required.
3. Hose required--type and length.
4. Fittings, pipe and hose connections required--size and type.
5. A Material Safety Data Sheet for each commodity to be shipped.
ITEM 400: CLAIMS FOR CARGO LOSS OR DAMAGE
I. FILING OF CLAIMS
(a) Claims in writing required. A claim for loss, damage, injury, or delay to
cargo shall not be paid by Carrier unless filed with Carrier in writing, as
provided in subparagraph (b) below.
(b) Minimum filing requirements. A claim must be filed with Carrier within
thirty (30) days from the date the shipment in question was delivered, and
(i) contain facts sufficient to identify the shipment (or shipments)
involved (ii) assert the grounds for Carrier's liability for alleged loss,
damage, injury, or delay, and (iii) request payment of a specified or
determinable amount of money.
(c) Documents not constituting claims. Bad order reports, appraisal reports of
damage, notations of shortage or damage, or both, on freight bills, delivery
receipts, or other documents, or inspection reports issued by Carrier or
inspection agencies, whether the extent of loss or damage is indicated in
dollars and cents or otherwise, shall, standing alone, not be sufficient to
comply with the requirements of subparagraph (b) above.
(d) Claims filed for uncertain amounts. Whenever a claim is presented against
Carrier for an uncertain amount, Carrier shall determine the conditions of
the 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, 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.
(e) Other claims. If investigation of a claim reveals that one or more other
carriers have been presented with a similar claim arising out of or relating
to the same shipment, Carrier shall communicate with each such other
Carrier, and prior to any agreement entered into between or among them as to
the proper disposition of such claim or claims, shall notify all claimants
of the receipt of conflicting or overlapping claims and shall require
further substantiation, on the part of each claimant of its title to the
involved commodity or rights with respect to such claim.
II. ACKNOWLEDGMENT OF CLAIMS
(a) Carrier shall, upon receipt in writing of a claim meeting the requirements
of subparagraph (b) of Section I of this Item, acknowledge receipt of such
claim in writing to the claimant within 30 days after the date of its
receipt, unless Carrier shall have paid or declined such claim in writing
within said period.
(b) Carrier shall at the time each claim is received create a separate file and
assign thereto a unique claim file number and note that number on all
correspondence with respect to the claim.
III. INVESTIGATION OF CLAIMS
(b) Prompt investigation required. Each claim filed against a 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.
(b) Supporting documents. When deemed by Carrier to be a necessary part of an
investigation, a claimant shall furnish to Carrier the original freight
xxxx, evidence of the freight charges, if any, and either the original or a
photocopy of the invoices, or an extract made therefrom, certified by the
claimant to be true and correct with respect to the property and value
involved in the claim, or certification of prices or value, with trade or
other discounts, allowance, or deductions of any nature whatsoever and the
terms thereof, or depreciation reflected thereon. Provided, however, that
where the property involved in a claim has not been invoiced to the
Consignee shown on the freight xxxx or where an 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, the Carrier shall,
before paying a claim thereon, require the claimant to establish the
manufactured cost, the quantity shipped, transported or involved and to
certify the correctness thereof in writing.
(c) Verification of loss. No claim for loss of an entire package or an entire
shipment shall be paid by Carrier without a statement in writing from the
Consignee of the shipment involved certifying that the property for which
the claim is filed has not been delivered by or received from any other
source.
IV. DISPOSITION OF CLAIMS
(a) Carrier shall pay, decline, or make a firm compromise settlement offer in
writing to the claimant within 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 receipt thereof, Carrier shall at that
time and at the expiration of each succeeding 60 day period while the claim
remains pending, advise the claimant in writing of the status of the claim
and the reason for the delay in making final disposition thereof.
V. PROCESSING OF SALVAGE
(a) Whenever a shipment transported by Carrier is damaged or alleged to be
damaged and is, as a consequence, not delivered or is rejected or refused
upon tender to the owner, Consignee or the person entitled to receive such
shipment, Carrier, after giving due notice, whenever practical to do so, to
the owner and 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 commodities directly or by the employment of a competent salvage
agent. Shipper, if requested to do so by Carrier, shall make a good faith
effort to assist Carrier in the disposal or salvage of any damaged,
contaminated or defective shipment. 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 therein. Carrier shall make an itemized
record sufficient to identify the commodities involved so as to be able to
correlate that to the shipment or transportation involved, and claim, if
any, filed thereon. Carrier also shall assign to each lot of such property a
successive lot number and note that lot number on its record and shipment of
claim, if any claim is filed thereon.
(b) Upon receipt of a claim on a shipment on which salvage has been processed in
the manner herein before prescribed, Carrier shall record in its claim file
thereon the 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 410: CLAIMS FOR OVERCHARGE, DUPLICATE PAYMENT OR OVERCOLLECTION
I. DEFINITIONS
(a) "Overcharge" means an amount charged that exceeds the applicable rates and
charges for services. It also includes duplicate payments as defined in
paragraph (b) of this section and overcollections as defined in paragraph
(c) of this section when a dispute exists between the parties concerning
such charges.
(b) "Duplicate payment" means two or more payments for the same service. Where
one or more payment is not in the exact amount of the applicable rates and
charges, refunds shall be made on the basis of the excess amount over the
applicable rates and charges.
(c) "Overcollection" means the receipt by Carrier of a payment in excess of the
rates and charges applicable to the service in question.
(d) "Unidentified payment" means a payment which Carrier has received for the
performance of services but which Carrier is unable to match with its open
accounts receivable or otherwise identify as being due.
(e) "Claimant" means Shipper or any consignee, filing a request with Carrier for
the refund of an overcharge, duplicate payment, or overcollection.
II. FILING AND PROCESSING CLAIMS
(a) A claim for overcharge, duplicate payment, or overcollection shall not be
paid unless it is filed in writing with Carrier within nine (9) months from
the date the shipment in question was delivered and unless all freight bills
which are pertinent to the claim have been paid in full.
(b) A single claim may include more than one shipment, provided the claim on
each shipment involves the same issue under the Schedule or the Agreement
between Carrier and Shipper or the same circumstances.
III. DOCUMENTATION OF CLAIMS
(a) Claims for overcharge, duplicate payment or overcollection shall be
accompanied by sufficient information to allow Carrier to conduct an
investigation and pay or decline the claim within the time limitations set
forth in Section VII of this Item. Claims shall include the name of the
claimant, its file number, if any, and the amount of the refund sought to be
recovered.
(b) Claims for overcharge shall be accompanied by:
(1) The original freight xxxx.
(2) The rate, classification, or commodity description or weight claimed to
have been applicable and authority therefor.
(3) Evidence showing that any freight xxxx which is pertinent to the claim
has been paid in full.
(4) Other documents or data which claimant believes to substantiate its
claim.
(c) Claims for duplicate payment and overcollection shall be accompanied by the
original freight xxxx(s) for which charges were paid and by freight xxxx
payment information.
(d) Carrier may accept photocopies instead of original of documents required to
be submitted by this Item if the claimant agrees to indemnify and hold
Carrier harmless for subsequent duplicate claims which might be filed and
supported by the original documents.
IV. INVESTIGATION OF CLAIMS
(a) Upon receipt of a claim, whether written or otherwise, Carrier shall
promptly initiate an investigation and establish a file, as required by
Section V of this item.
(b) If Carrier discovers an overcharge, duplicate payment, or overcollection
which has not been the subject of a claim, it shall promptly initiate an
investigation and comply with the provisions of Section VIII of this item.
(c) If in processing the claim, Carrier requires information or documents in
addition to that submitted with the claim, Carrier shall promptly notify the
claimant and request the information required.
V. CLAIM RECORDS
At the time a claim is received, Carrier shall create a separate file and assign
it a unique claim file number and note that number on all correspondence with
respect to the claim, including the written acknowledgement of receipt required
under Section VI of this item.
VI. ACKNOWLEDGEMENT OF CLAIMS
Upon receipt of a written claim, Carrier shall acknowledge its receipt in
writing to the claimant within 30 days after the date of receipt unless Carrier
shall have paid or declined in writing within that period.
VII. DISPOSITION OF CLAIMS
Carrier shall pay, decline to pay, or settle each written claim within 60 days
after its receipt by that Carrier, except where the claimant and Carrier agree
in writing to a specific extension based upon extenuating circumstances. If the
Carrier declines to pay a claim or makes settlement in an amount different from
that sought, the Carrier shall notify the claimant, in writing, of the reason(s)
for its action.
VIII. DISPOSITION OF UNIDENTIFIED PAYMENTS, OVERCHARGES, DUPLICATE
PAYMENTS AND OVERCOLLECTIONS NOT SUPPORTED BY CLAIMS
If Carrier does not have sufficient information with which properly to apply an
unidentified payment, Carrier shall notify the payor of the unidentified payment
within 60 days of receipt of the payment and request information which will
enable it to identify the payment. If Carrier does not receive the information
request within 90 days from the date of the notice, Carrier may treat the
unidentified payment as a payment in fact of freight charges owing it, subject
to the regular claims procedure of this Item.
ITEM 500: ALLOWANCE FOR USE OF SHIPPER'S TRAILER
1. When Shipper furnishes its own trailer for transportation service by Carrier,
an allowance of three cents (3 cents) per running mile will be made for the
miles such vehicle is operated by Carrier. Running miles shall be computed as
twice the rate-making miles for each shipment.
2. The freight xxxx shall show the type of vehicle furnished, and the allowance
for the use thereof will be shown on the invoice covering such shipment.
ITEM 510: SETTING OUT TRAILERS AND TRACTORS USED FOR SPOTTING
1. When for Shipper's convenience a trailer is set out at the facilities of the
Consignor or Consignee or any other site designated, a charge of $10.00 per
hour or fraction thereof will apply, subject to a maximum charge of $100.00
per trailer in any consecutive twenty-four (24) hour period. Time will run
from when the trailer has arrived and is available to Consignor or Consignee
until Carrier is notified that the trailer is ready to be picked up.
2. When Carrier is requested by Shipper to deadhead tractors and/or trailers
between Carrier's terminal and a place designated by the Consignor or
Consignee, a charge of one hundred twenty-five cents (125 cents) per mile
will apply for each mile traveled. Mileage will be computed in accordance
with the provisions of Item 217 (Distances-Method of Computing) from the
closest terminal where suitable equipment is domiciled for the service
requested, subject to a minimum charge of $100.00 per vehicle or unit.
3. When, at the request of Consignor or Consignee, a tractor is used for
spotting or similar services, at a place designated by the Consignor or
Consignee, a charge of $35.00 per hour, will be assessed, subject to a
minimum charge of $140.00 per tractor.
ITEM 520: WAITING AT PORT OF ENTRY
A charge of $15.00 for each half hour or fraction thereof per vehicle will apply
for all waiting time of Carrier at a port of entry when trailer is to be taken
from the port of entry to a loading or unloading point in Canada or Mexico,
loaded or unloaded and returned to Carrier at the port of entry.
The time for which charges are applied pursuant to this Item shall not be
subject to Item 525 (Detention of Vehicles), or Item 560 (Overnight Layovers).
ITEM 525: DETENTION OF VEHICLES
1. Except as otherwise provided in this Item, two (2) hours will be allowed for
loading and three (3) hours will be allowed for unloading. A charge of $12.50
per half hour or fractional part thereof shall apply for all time consumed in
excess of free time allowed for loading when due to delays caused by Shipper
or Consignor and beyond Carrier's control. A charge of $50.00 per hour or
fractional part thereof shall apply for all time consumed in excess of free
time allowed for unloading when due to delays caused by Shipper or Consignee
and beyond Carrier's control.
2. Shipments moving in MC-330 or MC-331 trailers will be allowed one and one-
half (1.5) hours for loading and unloading. A charge of $12.50 per half hour
or fractional part thereof shall apply for all time consumed in excess of
free time allowed when due to delay caused by Consignor or Consignee and
beyond Carrier's control.
3. Loading or unloading time shall be deemed to run from the time the unit
arrives on the premises of a plant until all connections have been removed,
necessary shipping papers have been executed and the unit is released from
further assignment at that location. The exception to this computation of
time shall be when, by mutual agreement of Carrier, Consignor and Consignee,
an arrival period is accepted and not met by the Carrier. In this case, this
time shall begin at the earliest hour of the agreed arrival period if the
Carrier is early or at the time of actual hookup and beginning of unloading
if the Carrier arrives later than the agreed arrival period.
4. (a) Shipments requiring stops for partial loading will be allowed one and
one-half (1.5) hours free time at each loading, including the initial
loading.
(b) Shipments requiring stops for partial unloading will be allowed one and
one-half (1.5) hours free time at each unloading, including final delivery.
5. Charges under this Item will not accrue when the provisions of Item 560
(Overnight Layovers) are applicable.
ITEM 530: EXPEDITED SERVICE
Shipments of less than nine hundred (900) miles shall be transported by Carrier
in single-driver service; if Shipper requests expedited service on such
shipments using a two (2)-driver team, a charge of $120.00 shall apply.
ITEM 535: C.O.D. SHIPMENTS
C.O.D. shipments must be freight prepaid and will be accepted under the
following conditions:
1. Shipping orders must be plainly endorsed "C.O.D. Shipment", with the amount
to be collected clearly stated.
2. Uncertified checks payable to Shipper will be accepted in payment of a C.O.D.
shipment unless written instructions are issued to Carrier by the Shipper at
the time of shipment requiring some other means of payment.
3. The charges to Shipper for collection and forwarding of Consignee's payment
for a C.O.D. shipment shall be $20.00 per shipment for C.O.D. amounts of
$1,000.00 or less and an additional $2.00 per $100.00 or fraction thereof for
C.O.D. amounts greater than $1,000.00.
4. Carrier shall immediately upon collection of a C.O.D. payment and in no event
later than ten days after delivery to Consignee, unless otherwise instructed
by the Shipper, forwarding by mail to the Shipper all payments collected by
it.
5. Time consumed waiting for orders and collecting from Consignee under this
item will be considered part of the unloading time, and detention charges
will be assessed as provided in Item 525 (Detention of Vehicles).
ITEM 540: HOSE--CHARGES FOR FURNISHING
1. When hose of a type other than stainless steel, viton, LPG, Chem-Solv, or
teflon hose is requested for use in loading or unloading shipments, the
Carrier will furnish without charge for each such shipment, hose not to
exceed 30 feet in length. When such hose in excess of 30 feet in length is
requested by either Shipper or Consignee for loading or unloading a
shipment, a charge for such additional hose will be made as follows:
FEET CHARGE
-------- ----------
0 -- 15 $ 7.50
15 -- 30 20.00
30 -- 45 45.00
45 -- 60 80.00
over 60 1.50 per foot
2. When Shipper or Consignee requests stainless steel, viton, LPG, Chem-Solv, or
teflon hose to load or unload a shipment a charge for such hose furnished will
be made as follows:
FEET CHARGE
-------- ----------
0 -- 15 $ 20.00
15 -- 30 50.00
30 -- 45 90.00
45 -- 60 140.00
over 60 2.75 per foot
3. If it is necessary to send a service truck to transport additional hose for
the loading or unloading of a shipment, a service truck charge of $20.00 per
hour or fractional part thereof will apply from the time the equipment leaves
Carrier's terminal until it returns. This charge will be in addition to all
other charges and will include service of the driver, if needed, in
stringing, connecting and disconnecting at the trailer and picking up the
hose. If extra hose is requested by either the Shipper or Consignee at time
order is placed for Carrier's equipment to load, Carrier will make every
reasonable effort to transport such extra hose on equipment ordered for
loading.
ITEM 550: LOADING AND/OR UNLOADING SERVICE
Subject to the following provisions, and except as otherwise provided, Carrier's
rates do not include the cost of loading or unloading from the transporting
vehicle when the equipment used to load or unload is furnished by the Carrier.
1. Unloading into bulk storage facilities.
(a) For liquid bulk commodities, when loading or unloading service is
performed by the Carrier's own equipment, a charge of five cents (5
cents) per 100 pounds when freight charges are in cents per 100 pounds or
$.004 per gallon when freight charges are in cents per gallon, subject to
a minimum charge of $24.00 per load, will be made for loading and/or
stops to partially load and the same charges will be made for unloading
and/or stops to partially unload.
(b) For dry bulk commodities, when loading or unloading service is performed
by the Carrier's own equipment, a charge of seven cents (7 cents) per 100
pounds, subject to a minimum charge or $35.00 per load will be made for
loading and/or stops to partially load and the same charges will be made
for unloading and/or stops to partially unload.
2. Unloading into barrels or drums.
(a) When, at the request of either Shipper or Consignee, Carrier unloads
liquid commodities from Carrier's vehicle into containers of less than
100 gallons:
Barreling charges shall be twelve cents (12 cents) per 100
pounds when freight charges are assessed on a per-100 pound
basis.
Barreling charges shall be $.009 per gallon when freight
charges are assessed on a per-gallon basis.
(b) A minimum charge of $47.00 per load shall apply.
(c) Carrier will not barrel or drum by pressure any Class B poisons or
corrosive liquids which require the use of MC-304, 307, 310, 311 or 312
trailers.
3. Inlets and outlets of vehicles shall be sealed by the Shipper.
4. Consignee or its agent shall designate the line to which the unloading hose
shall be coupled, and the coupling and uncoupling shall be done by Consignee.
5. In the loading or unloading of commodities, operation of the vehicle will be
performed by Carrier. Equipment of storage facilities shall be operated by
the Consignor or Consignee or its agent.
6. When at the request of Shipper or Consignee, Carrier furnishes a Stainless
Steel Pump, a charge of $50.00 shall apply.
ITEM 560: OVERNIGHT LAYOVERS
1. When Consignor or Consignee cannot complete loading or unloading, thereby
causing Carrier's unit and drivers to remain at loading point, final
destination, stop-off point, or vicinity thereof until the resumption of
Consignor's or Consignee's Normal Business Hours to complete loading or
unloading, the following charges shall apply:
$160.00 for a single-driver operation or $240.00 for
two-driver sleeper team operation over a weekday night.
$650.00 for a single-driver operation and $1,050.00 for
two-driver team operation over a weekend or holiday.
2. The charges provided in this Item shall be applicable when, in compliance
with Shipper's or Consignee's instructions, Carrier's vehicle arrives at
loading or unloading, stop-off point and/or final destination at other than
Normal Business Hours and a layover is required to commence or complete
loading and/or unloading.
3. Time consumed while a vehicle is actively engaged in loading or unloading
will be considered as loading or unloading time, and detention charges
therefor will be assessed as provided in Item 525 (Detention of Vehicles).
ITEM 570: HEATING IN TRANSIT
When equipment with a heater unit is required or is requested by Shipper or
Consignee to apply heat to the commodity in transit, Carrier will furnish such
heater service if the equipment is available. Charges will be assessed as
follows:
DISTANCE OF ONE-WAY HEATING SERVICE CHARGE
(Loaded Miles) (Per Shipment)
------------------- ----------------------
0 -- 500 $18.00
501 -- 1000 35.00
1001 -- 1500 53.00
1501 and over 71.00
ITEM 575: STEAM HEATING
When Shipper or Consignee requires or requests steam heating to accomplish
loading or unloading of commodities at temperatures requested by Shipper or
Consignee, such steam heating will be furnished by the Shipper or Consignee. A
charge of $12.50 for each 30 minutes or fraction thereof will apply for the time
required to heat the commodity, including travel time between the loading or
unloading plant and the steam heating facilities if outside the plant area. Time
required for steam heating the commodity to accomplish unloading will not be
considered detention of equipment for the purpose of assessing charges under
Item 525 (Detention of Vehicles).
ITEM 580: STANDBY EQUIPMENT -- EXCLUSIVE USE
1. When, at the request of the Shipper, a trailer is assigned to its exclusive
use for a period of not less than 90 days, the following charges, per
vehicle, per day, shall apply for every day or portion thereof that the
vehicle is not used in revenue producing service:
TYPE OF EQUIPMENT DAILY CHARGE VEHICLE
-------------------------------------- --------------------
Plain Aluminum Tank Trailer, Single or
Multi - Compartment $ 60.00
Plain Stainless Steel Tank Trailer 60.00
Insulated Stainless Steel Tank Trailer 100.00
MC-330 or MC-331
Less than 250 lbs. 75.00
250 lbs. or greater 100.00
2. When Shipper orders exclusive use of a vehicle, it may at its own expense
place thereon a removable sign or banner for the purpose of advertising. Such
sign or banner is to be placed on the vehicle in such a manner that it will
not obstruct or obliterate any information on the vehicle required by law.
Upon termination of the exclusive use agreement, the cost of removing sign or
banner shall be at the expense of the Shipper.
3. A request for exclusive use in standby service shall be confirmed, in
writing, to the Carrier, giving the date that such services shall commence.
4. A day shall be defined as a twenty-four hour period commencing at 12:01 a.m.
local time at the place the equipment is to be delivered.
5. For the provisions of this Item to apply on Saturdays or Sundays, the party
requesting this service must be notified that an estimated time of arrival
falls on a Saturday or a Sunday.
ITEM 590: VEHICLE FURNISHED BUT NOT USED
1. When a vehicle or unit is ordered by a Shipper or Consignee after the vehicle
or unit has been dispatched from Carrier's terminal, a charge of one hundred
twenty-five cents (125 cents) per mile traveled, subject to a minimum charge
of $125.00, will be made for the empty miles traveled in connection with the
order which was cancelled.
2. Time consumed waiting for orders under this Item will be considered part of
the loading and/or unloading time, as the case may be, and detention charges
will be assessed as provided in Item 525 (Detention of Vehicles), except that
no free time will be allowed.
3. If loading has commenced prior to cancellation of the order and recleaning of
a vehicle is required in order to return the vehicle to the condition it was
in when presented for loading, a charge of $125.00 will be assessed.
4. When a vehicle ordered is cancelled, but such vehicle is used by the same
Shipper or Consignee for the shipment of the same commodity to a different
destination or is used in shipment of a different commodity to the same
destination, the provisions of this Item shall not apply.
