BERGER TRANSFER & STORAGE. INC, RULES TARIFF 2012
APPLICATION OF TARIFF – ELECTRONIC FORMAT
This Rules Tariff applies to the transportation of general commodities (except in bulk and hazardous materials) (a) between points in the United States in interstate and foreign commerce, (b) within a state in intrastate commerce and (c) to household goods within certain states in intrastate commerce for Berger Transfer & Storage, Inc. as follows:
(a) Between points in the United States excluding Alaska & Hawaii, and
(b) Between points in the United States, excluding Alaska and Hawaii, on the one hand, and, on the other, points in Canada.
(c) Between points within a state in the United States.
(a) Between Points within a state in the United States in which Berger Transfer & Storage, Inc. has not filed a tariff nor is a party to a tariff that is filed with the governing body of the state that regulates the transportation of Household Goods.
This tariff may be modified by a written contract between Berger Transfer & Storage, Inc. (hereinafter referred to as carrier) on the one hand and a shipper on the other provided that the written contract is in compliance with state and federal laws including 49 USC Section 14101(b). Any provision of this Tariff that is not specifically changed by a written agreement between carrier and shipper will remain in full force and effect for all transportation provided by carrier under an issued Bill of Lading.
Shipments tendered to carrier by a broker will be transported under this tariff and broker will be bound by the same rights, responsibilities and obligations that are applicable to a shipper.
Changes, updates, cancellations and revisions to these provisions will be accomplished by reissue of the affected provisions, by supplement or by electronic transmission. Revisions, authenticity and effectiveness of affected provisions can be obtained and verified at the following Internet Web Address: www.Bergerallied.com/Tariff
ITEM NO. 1 BILL OF LADING
1, Bill of Lading Required When property is transported subject to the provisions of this tariff, or as amended, the acceptance and the use of a Bill of Lading as described herein is required.
(a) The Bill of Lading issued by carrier shall be the contract of carriage between shipper and carrier. If carrier’s driver or other representative executes a shipper’s bill of lading, that execution will only serve to acknowledge receipt of the shipment and not any terms or conditions that may appear on the shipper’s bill of lading or other offered shipper agreement.
(b) The terms and conditions of the Bill of Lading set forth below are a part of this tariff.
(c) Any alteration, addition or erasure on a Bill of Lading made without a special notation thereon by the authorized agent of the carrier issuing the bill of lading shall be without effect and the bill of lading shall be enforceable according to its original tenor.
(d) All rates and charges for each shipment are dependent upon the shipment being tendered to carrier in accordance with the provisions of this tariff.
When the shipper elects not to accept any of the terms of the bill of lading, the shipper must give written notice to the carrier of such election. The carrier must indicate the receipt of that notice by writing.
The rates and charges are reduced rates conditioned upon this tariff and the use of the carrier’s bill of lading that contains a limited liability for loss of damage to the shipped goods. If the shipper asserts a declared value based upon replacement costs as provided for in the bill of lading and this tariff, shipper will be required to pay an additional cost
- Bill of Lading is a Contract. The Bill of Lading issued by Carrier is a contract between the parties named on the Bill of Lading. This contract is subject to all the rules, regulations and charges in this tariff and tariff supplements either on file with state or federal agencies or as maintained at carrier’s office. A copy of this tariff is available on shipper’s request made to the carrier. The Bill of Lading may also be subject to any other specific written contract between the named parties if that contract fully complies with federal and state law.
ITEM NO. 2 LIMITATIONS OF CARRIER’S LIABILITY
- Exceptions to Carrier Liability. The carrier shall be liable for loss of or damage to any articles while being transported or held in storage in transit EXCEPT;
(a) documents, currency, money, jewelry, watches, precious stones or articles of extraordinary value including accounts, antiques, bills, deeds, evidence of debt, securities, notes, postage stamps, stamp collections, revenue stamps, letters or packets of letters, articles of peculiarly inherent value, precious metals or articles manufactured there from, which are not specifically listed on the bill of lading.
(b), (i) From an act, omission or order of shipper: or from acts of God (natural as opposed to human causes); (ii) From insects, moth, vermin and ordinary wear and tear; (iii) From defect or inherent defect or vice of the article including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein e.g. mold, mildew. (iv) From a defect or vice in the packaging by shipper or in the shipper’s container in which goods are shipped.(v) From hazardous characteristics of the article or inclusion of hazardous materials or waste in a shipment ((vi) From events beyond the control of carrier.
(c) From liability for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, delay caused by labor disturbance, or from any cause other than negligence of the carrier. Nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination.
(d) CARRIER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES related to the transportation services it provides nor related to any loss or damage to persons, property or cargo that may arise out of the services that carrier provides.
- Shipper Liability. The Shipper shall assume responsibility for the entire shipment in place of carrier for loss or damage caused by inclusion in the shipment of perishables, explosives, hazardous or dangerous articles or goods as set forth above. See Item 13, Prohibited and Restricted Articles.
ITEM NO 3 RELEASED AND DECLARED SHIPMENT VALUE (VALUATION)
Liability Limitation. The carrier’s liability to pay to shipper for any loss or damage that occurs to the shipment when in the possession of the carrier may be limited in the amount paid for loss or damage to goods. Shipper has the right and obligation to make a choice between the carrier’s limited liability and full liability for goods lost or damaged as set forth on the Bill of Lading. These limits are different between household goods and other commodities.
(a) For Household Goods; The amount of the actual loss or damage not exceeding .60 cents per pound per article times the actual weight of the article.
(b) For non-Household Goods; The amount of the actual loss or damage for used goods not exceeding Sixty Cents (0.60) per pound per article and for new goods not exceeding Five dollars ($5.00) per pound per article.
Full Liability. At the shipper’s option, full liability in lieu of the sixty cents or five dollar limits may be purchased from carrier by placing a declared shipment value in the space provided on the front side of the Bill of Lading and by paying an additional charge. The lump sum value declared by the shipper may not be less than $6,000 or $6.00 per pound multiplied by the actual weight of the shipment, in pounds whichever is greater. Carrier’s liability will not exceed shipper’s declared value.
Additional Charge. Shipper will be required to pay an additional charge for the shipment if shipper chooses to declare a value higher than the limited liability in (a) and (b) above. Failure to pay the additional charge upon receipt of an invoice will void the value declaration and the liability limits listed in (a) and (b) above will apply. The weight used for determining the minimum valuation will be the actual net weight of the shipment or the estimated weight when the shipment moves pursuant to the terms and conditions of a Binding Estimate.
Provisions of this item are contractual limits of liability as provided for in 49 U. S. C. Section 14706 and are not to be construed as “insurance”.
Minimum Valuation. All shipments (other than those released to a value not exceeding 60 cents per pound per article) will be deemed released to a minimum lump sum value of $5,000 or $6.00 times the actual total weight (in pounds) of the shipment.
High Value Shipments. Shippers who tender shipments that are released to a value greater than 60¢ per pound per article, i.e. full replacement valuation, that include an article or articles that exceed $100 per pound per article, in value, must specifically notify the carrier in writing that an identified article or articles with a value greater than $100 per pound are included in the shipment as required by the carrier’s Bill of Lading or the Order for Service:
A shipper’s failure to notify the carrier will restrict the carrier’s maximum claim liability to $100 per pound for each pound of any lost or damaged article (based on actual article weight), not to exceed the declared value of the entire shipment
ITEM NO. 4 PAYMENT OF CHARGES
(a) The carrier will not deliver or relinquish possession of any property transported by it until the charges due at delivery, have been paid in cash, certified check, traveler’s check, or bank check (one drawn by a bank on itself and signed by an officer of the bank), except (a) where other satisfactory arrangements have been made between the carrier and the consignor or consignee or (b) when delivery is made pursuant to Paragraph (c).
(b) The following conditions shall apply for balance-due shipments or when satisfactory arrangements for credit have been made between the carrier and the consignor or consignee
- The free credit period shall extend 7 days, excluding Saturdays, Sundays and legal holidays, from the first 12 o’clock midnight following the presentation of the bill by the carrier or deposit of same in the U.S. Mail. In case of dispute as to the time of mailing, the postmark shall be accepted as showing such time.
- Except as provided in exception below, when carrier’s bill has not been paid within the free credit period, credit shall automatically be extended to a total of 30 calendar days, which shall include the free credit period, and shipper will be assessed a service charge by the carrier equal to 1.5 percent of the amount of carrier’s bill, subject to a $10.00 minimum charge for each 30-day period that the charges remain unpaid.
- Carrier’s bill will state separately, the total charges due during both the free credit period and the extended credit period.
- The mailing by shipper of valid checks or drafts in payment of charges within the credit period allowed such shipper is deemed to be the collection of the tariff charges within the credit period for the purpose of this item. In case of dispute as to the time of mailing, the postmark shall be accepted as showing such time.
(c) Payments for shipments having an origin or destination outside of the boundaries of the United States shall be at total tariff charges in full and lawful currency of the United States or its equivalent.
(d) Subject to the foregoing paragraphs (except Paragraph (c) will not apply), provision for payment of charges on storage-in-transit shipments is contained in Item 8.
ITEM NO. 5 SHIPPER AND CONSIGNEE LIABILITY FOR PAYMENT – LIEN ON SHIPMENT
- The Shipper upon tendering the shipment to Carrier and the Consignee upon acceptance of the shipment shall each be liable, jointly and severally, for all charges applicable under the Carrier’s tariff or as contracted for with Carrier. The extension of credit to either Shipper or Consignee for the unpaid charge shall not discharge the other party to pay such charge if the party to whom credit is extended fails to pay. The Carrier shall have a lien on the property for all transportation and related charges and may hold such property until payment is made. Default in payment and /or enforcement of the lien may result in additional costs assessed against the Shipper or Consignee including attorney fees.
ITEM NO.6 DELIVERY REFUSED OR UNABLE
- Unable to Deliver. If, for any reason other than fault of carrier delivery cannot be made at the address shown on the face of the Bill of Lading or at any changed address which carrier has been notified, carrier at its option may cause the shipment to be stored in a warehouse selected by it a the point of delivery or at other available points at the cost of the owner and subject to a lien for all accrued charges.
- Refused Shipment. If a shipment is refused by the consignee at destination and if shipper, consignee or owner of property fail to receive or claim it within 15 days after receiving written notice from carrier or if shipper, consignee or owner refuse to pay applicable charges, carrier may sell the property as provided by law in the applicable jurisdiction. The proceeds of any sale shall be applied towards payment of the charges applicable to the shipment and towards expenses of notice, advertising and sale, if any. The balance, if any, shall be remitted to the owner of the property.
ITEM NO 7
ITEM NO. 8 STORAGE-IN-TRANSIT
(a) Storage-In-Transit of property covered by this tariff is the holding of the shipment or portion thereof at or in the facilities or warehouse used by the carrier for storage, pending further transportation, and will be effected only at specific request of the shipper or under the conditions specified in Paragraph (h) of this item. For the purpose of this item a carrier may designate any facility or warehouse to serve as its agent.
(b) A shipment or portion thereof may be placed in storage-in-transit one or more times for an aggregate period not to exceed 180 days. When not removed from storage-in-transit at midnight on the 180th day, liability as carrier shall terminate after such time, the interstate character of the shipment or portion thereof shall cease, the warehouse location shall be considered the destination of the property, the warehouseman shall be agent for the shipper, and the property shall then be subject to the rules, regulations and charges of the warehouseman. Carrier may terminate the interstate character of the shipment or portion thereof prior to the 180-day maximum storage-in-transit period, if payment of the billed charges is not made within the due date stated on such billing. Until all lawful charges are paid, property will remain at carrier’s or agent’s storage location subject to a lien for all such charges.
(c) Storage-in-Transit charges are in dollars and cents per 100 pounds and apply based on location of facility where storage-in-transit service is provided, except as provided in Note 1 below. Charges for this service shall be based on actual weight of goods stored in transit, subject to a 1,000-pound minimum, except as provided in Note 2 below. Storage charges apply for each day of storage, and apply each time storage-in-transit service is rendered. Storage days will include the day goods are placed in storage, and the day goods are removed from storage (except as otherwise provided in Paragraph (e) of Item 17). If the goods are removed from storage on the same day they are placed in storage, one-day storage will apply.
(d) When storage-in-transit is at origin, charges may be billed after storage-in-transit is effected as follows:
- Transportation charges between origin and location where storage-in-transit is effected.
- Storage charges due at time of billing.
- Charges for additional services, advances and other lawful charges.
(e) When storage-in-transit is at other than origin, charges must be billed at the time storage-in-transit is effected, as follows:
- Transportation charges between origin and location where storage-in-transit is effected.
- Charges for additional services, advances and other lawful charges.
At the time of billing under this paragraph, storage charges due the carrier may be billed. Storage charges for subsequent days of storage that property remains in storage-in-transit may be billed as they become due.
(f) Delivery of shipments from storage-in-transit at origin, en route or at destination will be made on the date requested, if possible. If prior commitments of carrier prevent delivery on that date, every effort will be made to deliver as soon as possible, subject to the following:
- If shipment is not removed from storage by the 5th working day (excluding Saturday, Sunday and holidays) after the requested delivery date(s), storage charges will cease to accrue after such date.
- If shipment is removed from storage prior to the 5th working day after the requested delivery date(s), storage charges will cease to accrue the day after shipment is removed.
(g) All other provisions under the tariff will continue in effect until further transportation is made available by the carrier. Until all lawful charges are paid, property will remain at carrier’s or agent’s storage facility subject to a lien for all such charges.
(h) Shipper or owner, upon proper notice in writing to the carrier before departure of the property, may change destination originally shown on the bill of lading. When the destination is changed, such change must be recorded on the bill of lading.
(i) If delivery cannot be made at the address specified on the bill of lading because of impractical operation or for any other reason other than the fault of the carrier, and neither shipper, consignor, nor owner designates another address at which delivery can be made, carrier will place the property under the storage-in-transit provision of this item.
(j) When property is placed in storage-in-transit, the carrier’s limitations on liability ( see Item No. 6) also apply to the party in possession of the property. SIT Pickup and Delivery charges apply without additional valuation charges when the shipment is released to a value not exceeding 60 cents per pound per article. If the shipment is declared or released at a higher amount of valuation, the Valuation Charges apply in addition to the charges in this item.
(k) Compensation to the carrier for attempted delivery to residence from storage-in-transit when failure to deliver is not the fault of the carrier, will be round trip distance from storage facility to destination and return plus any waiting time at point of delivery.
(l) The SIT Pickup and Delivery charges include the loading and unloading of the shipment and the transportation of the shipment from or to the storage facility, but do not include any other Additional Services named in the tariff.
ITEM NO. 9 WAREHOUSE PICKUP AND DELIVERY SERVICE
Except as otherwise provided herein, when a shipment is delivered to or picked up at a warehouse (including third party warehouse and self-storage/mini-warehouse locations), the charges for transportation include only the unloading or loading at door, platform, or other point convenient or accessible to the vehicle.
ITEM NO. 10 INSURANCE
The carrier will not assume the cost of insurance against marine risk or any other insurance for the benefit of the shipper.
ITEM NO. 11 FUEL COST PRICE ADJUSTMENT (SURCHARGE)
A Fuel-Related Cost Price Adjustment (Surcharge) will apply on transportation charges. The DOE fuel price obtained will be indexed based on the fuel price/adjustment factor matrix set forth in this item to determine the Fuel Cost Price Adjustment that will become applicable on the fifteenth (15th) day of the same month. The adjustment determined will apply for shipments loaded beginning on the 15th day of the month and remain in effect through the 14th day of the following month starting from the effective date of this item.
ITEM NO. 12 STOPOFFS AND DIVERSIONS
STOPOFFS: At the request of the consignee, consignor or owner, extra stops or calls will be made at locations necessary to accomplish the extra pickup or extra delivery of portions of the shipment.
- a) Extra stops or calls are additional pickups made after the first pickup or additional deliveries made prior to the final delivery of the shipment. Each such extra stop or call shall constitute an extra pickup or delivery. An extra stopoff fee will apply for each extra pickup or delivery that is performed, in addition to the transportation and additional service charges provided in Paragraphs (b) and (c) below.
DIVERSIONS: Upon instructions from the consignee or owner, the shipment will be diverted subject to the following terms and conditions. Carrier may require that all such instructions be in writing.
- a) The term “diversion” as used herein means, either a change (after loading of the vehicle) in the destination of the shipment outside of the postal zip code area (or the Canadian mailing code area) of the original destination, or a change in the route at the request of the consignor, consignee or owner.
- b) When the carrier receives an order for diversion, diligent effort will be made to locate the shipment and effect the change desired, but the carrier is not responsible for failure to effect the change ordered, unless such failure is due to error or negligence on the part of the carrier.
- c) The transportation charges on shipments diverted to a new destination, while the vehicle is en route or upon arriving at the original destination will be determined based on the total transportation charge from the shipment origin to the point where the shipment was diverted, plus the transportation charge from the point where the shipment was diverted to the final destination.
- d) On shipments diverted to a warehouse for storage-in-transit at a location other than the original destination, the warehouse will be considered the destination point, and transportation charges to the warehouse will be assessed under the provisions of paragraph (c) of this item. Charges for storage and further transportation will apply based on the rates and charges named in this tariff.
- e) If instructions are received to divert a shipment that is in storage-in-transit, the shipment will be rated as stated in paragraph (c) of this item. For rating purposes, the location of the storage facility will be considered the diversion point.
ITEM NO. 13 PROHIBITED AND RESTRICTED ARTICLES
(a) Carrier will not accept for shipment property liable to contaminate or otherwise damage equipment or other property, nor, will carrier accept for shipment perishable articles including frozen foods, articles requiring refrigeration or perishable plants except as provided in Paragraphs (b), (c) or (d).
(b) Frozen food will be accepted for transportation provided the food is contained in a freezer, which at time of loading is at normal deep freeze temperature, the shipment is to be transported not more than 150 miles and/or delivery accomplished within twenty-four (24) hours from time of loading, no storage of shipment is required, and no preliminary or en route servicing by use of dry ice, electricity, or other preservative methods is required of the carrier.
(c) Perishable plants will be accepted for transportation provided the shipment is transported not more than 150 miles and/or delivery accomplished within twenty-four (24) hours from the time of loading, no storage is required, and no preliminary or en route servicing or watering or other preservative method is required of the carrier.
(d) The carrier will not be responsible for any perishable article included in a shipment without the knowledge of the carrier.
(e) Carrier WILL NOT ACCEPT for shipment under any circumstances tanks or bottles designed to contain butane or propane (LP), including tanks and containers for gas barbecue grilles, torches, tools or appliances. This prohibition also includes tanks or bottles that have been certified as empty.
(f) Explosives or other dangerous articles will not be accepted for transportation or transported unless the shipping order, bill of lading, or other shipping paper prepared by the shipper (when shippers are required by the Department of Transportation regulations to certify packages for transportation) shows in the lower left-hand corner the following certificate over the written or stamped facsimile signature of the shipper or his duly authorized agent:
ITEM NO. 14 IMPRACTICAL OPERATIONS
Nothing in this tariff shall require the carrier to perform any service at any point or location where, through no fault or neglect of the carrier, the furnishing of such services is impracticable because: (a) the conditions of roads, streets, driveways, alleys or approaches thereto would subject operations to unreasonable risk of loss or damage to life or property; (b) Loading or unloading facilities are inadequate;(c) Any force majeure, war, insurrection, riot, civil disturbance, strike, picketing or other labor disturbance would (1) subject operations to unreasonable risk of loss or damage to life or property or (2) unreasonably jeopardize the ability of the carrier to render linehaul or pickup or delivery or any other service from, to or at other points or locations; (d) Carrier’s hauling contractors, carrier’s employees or carrier’s agents are precluded, for reasons beyond carrier’s control, from entering premises where pickup or delivery is to be made; (e) Local, state or federal restrictions, regulations or laws prohibit performance of such services by linehaul equipment.
ITEM NO 15. CLAIM FILING – PROCESSING – SETTLEMENT. LOSS AND DAMAGE CLAIMS
Claim Filing Time Limits: In order to preserve the right to recovery, a claim for any loss or damages, property damage or injury must be filed in writing with carrier within 60 days after delivery, or in case of failure to make delivery, within 60 days after a reasonable time for delivery has elapsed. A lawsuit must be instituted against carrier within two (2) years and one (1) day from the date when the notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts specified in the notice. Where a claim is not filed or suit is not instituted in accordance with the above provisions, carrier shall not be liable and the claim will not be paid
Claims in Writing Required: A claim for loss, damage, injury, or delay will not be voluntarily paid by a carrier unless filed in writing as provided in subparagraph (b) below with the carrier issuing the bill of lading, within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto.
Minimum Filing Requirements: A communication in writing from a claimant filed with carrier within the time limits specified in the bill of lading or contract of carriage or transportation, and (i) containing facts sufficient to identify the shipment (or shipments) of property involved, (ii) asserting liability for alleged loss, damage, injury, or delay, and (iii) making claim for the payment of a specified or determinable amount of money, will be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage. Carrier will acknowledge receipt of each claim in writing to the claimant within 30 calendar days after its receipt by the carrier or the carrier’s agent. Carrier will pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier or its agent: Provided, that, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier, will at that time and 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 reasons for the delay in making final disposition thereof.
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 carriers or their inspection agencies, whether the extent of loss or damage is indicated in dollars and cents or otherwise will, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements specified in subparagraph (b) above.
Claims filed for uncertain amounts: Whenever a claim is presented against carrier for an uncertain amount, such as $100 more or less, carrier will determine the condition of the shipment involved at the time of delivery by it, if it was delivered, and will ascertain as nearly as possible the extent, if any, of the loss or damage for which it may be responsible. It will not however, voluntarily pay a claim under such circumstances unless and until a formal claim in writing for a specified or determinable amount of money has been filed in accordance with the provision of subparagraph (b) above.
Concealed damaged or shortage: Carrier must be promptly notified of concealed damage or shortage within seven (7) business days of delivery. Failure to meet this time limit will release carrier from liability for loss or damage. Carrier will promptly and thoroughly investigate the claim and will establish a claim file in connection therewith.
Supporting documents: Each claim must be supported by the original bill of lading (if not previously surrendered to the carrier), either the original paid bill for transportation service or a photographic copy thereof, and for each article, the nature and extent of such damage, the basis for the amount claimed, i.e., date article purchased, original cost, amount of depreciation, actual cash value at time of loss or damage and, in the case of damage, a repair estimate.
Verification of loss: When an asserted claim for loss of an entire package or an entire shipment cannot be otherwise authenticated upon investigation, the carrier will obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source
Satisfaction of claims: When a shipment is tendered to the carrier with a released or declared value equal to or greater than $6.00 per pound times the weight of the shipment in pounds, the carrier will, at its option, (i) repair or replace the property lost or damaged with materials of like kind, quality and condition at time of acceptance by carrier (ii) pay to shipper or consignee the cost of repair (iii) replace the item with an item of like kind and quality or (iv) pay the cost of replacement. If shipper elects limited liability at sixty cents or five dollars per pound per article, the lower of that limited liability or the above options will apply to the claim settlement. All items which are replaced or for which the full current market value has been paid become the property of the carrier.
Consequential Damages: Carrier will not be liable for any consequential, special or indirect damages related to any claim filed for loss or damage to the shipment or Shippers / Consignee’s person or property.
ITEM NO. 16 PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION AND DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVER COLLECTION CLAIMS
The regulations set forth in this rule govern the processing of claims for overcharge, duplicate payment, or over collection for the transportation of property.
(a) “Overcharge” means an overcharge as defined in Sections 204a (6) and 406a (6) of 49 CFR 1008. It also includes duplicate payments as defined in Paragraph (c) and over collections as defined in Paragraph (d) of this section when a dispute exists between the parties concerning such charges.
(b) “Duplicate payment” means two or more payments for transporting the same shipment. Where one or more payment is not in the exact amount of the applicable tariff rates and charges, refunds shall be made on the basis of the excess amount over the applicable tariff rates and charges.
(c) “Unidentified payment” means a payment which a carrier has received but which the carrier is unable to match with its open accounts receivable or otherwise identify as being due for the performance of transportation services.
(d) “Claimant” means any shipper or receiver, or its authorized agent, filing a request with a carrier for the refund of an overcharge, duplicate payment, or over collection.
- FILING AND PROCESSING CLAIMS
A claim for overcharge, duplicate payment, or over collection shall not be paid unless filed in writing with the carrier within 60 days of submission to carrier of the to be refunded. Claims for overcharge, duplicate payment, or over collection shall be accompanied by sufficient information to allow the carriers to conduct an investigation and pay or decline the claim. Claims shall include the name of the claimant, its file number, if any, the amount of the refund sought to be recovered and the original Freght Bill(s) and invoices received from the Carrier
- INVESTIGATION AND DISPOSITION OF CLAIMS
(a) Upon receipt of a claim, whether written or otherwise, the processing carrier shall acknowledge its receipt to the claimant within 30 days and promptly initiate an investigation and establish a file
(b) At the time a claim is received the carrier shall create a separate file and assign it a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the written acknowledgment of receipt. If pertinent to the disposition of the claim, the carrier shall also note that number on the shipping order and delivery receipt, if any, covering the shipment involved.
(C) The carrier shall pay, decline to pay, or settle each written claim within 60 days after its receipt except where the claimant and the 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.
ITEM NO. 17. MILEAGE CALCULATION
- Mileage Guide. Mileage will be computed using PC – Miler 24 Practical and subsequent issues.
- Application of Mileage. Where shipper or consignee request transportation of the shipment over a particular route longer than the shortest truck route, the mileage over the longer specified route wil be used in determining charges.
- Route Restrictions. If operation over the shortest route is not feasible because of operating hazards. Load limitations of the highways or bridges, underpasses or other similar limitations the mileage computed over the shorte t route over which the vehicle can move will be used in determining the charges.
ITEM NO.18. EXCLUSIVE USE OF VEHICLE
- Written Agreement Required. Subject to availability of equipment, a shipper or consignee may order exclusive use of a vehicle of specific size. Charges and terms for this service must be set forth in a separate written contract or specified on the Bill of Lading between carrier and shipper or consignee that contains the minimum charge for the service. In the event at time of loading carrier does not have a vehicle with the capacity ordered, carrier can substitute a vehicle or vehicles of an equivalent or greater capacity for the same charges as if carrier furnished a vehicle of the capacity ordered.