Tarriff

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RULES, REGULATIONS AND ACCESSORIAL CHARGES PERTAINING TO TRANSPORTATION AND SPECIAL SERVICES. 

Resource Logistics Inc.

PO Box 573, Hudson, WI

MC564094

Issued by Daniel B Lodge

APPLICATION OF TARIFF

Rates and provisions named in this tariff or as amended, are limited in their application to interstate commerce to the extent of the operating rights under MC564094 granted to the carrier by the Federal Motor Carrier Safety Administration, or its predecessors. Unless otherwise and specifically provided in a written contract between the carrier and the shipper, this tariff supersedes and negates any claimed, alleged or asserted oral contract, promise, representation or understanding, or conflicting terms and/or conditions of carriage imposed by the Shipper and/or Consignee, unless agreed to in a writing signed by both parties.

This tariff shall be governed by the following tariffs and by their supplements or successive issues, except as otherwise provided by written agreement between the carrier and the shipper:

A. This tariff shall be governed by the following tariffs and by their supplements or successive issues, except as otherwise provided by written agreement between the carrier and the shipper:

B. Regardless of the Bill of Lading on which the shipment is tendered, all movements shall be subject to the terms and conditions set forth under the Uniform Straight Bill of Lading, except as specifically provided herein or by written agreement between the carrier and the shipper.

C. In the event any term or condition noted in either the Uniform Straight Bill of Lading is in conflict with the terms and conditions herein, the terms and conditions of this tariff shall apply.

D. Distances and mileage are governed by the PC-Miler Mileage Program. The classification used to calculate miles shall be “Practical”. When the practical highway route between points, as herein provided, is not traversable because of weight or other reasonable restrictions, the rate making distance shall be computed over the next practical route, not so restricted, from origin to destination.

Item 200

DEFINITIONS

1. The term “shipper” shall mean the party named in the bill of lading as the person from whom the goods have been received for shipment. The terms “shipper” and “consignor” are used interchangeably.

2. The term “customer” shall mean a party that is recognized as either the shipper, consignor, the bill-to or the consignee.

3. The term “bill-to” shall be the party whom the shipper has requested be billed for transportation and accessorial services.

4. The term “Truckload shipment” shall mean a lot of freight, capable of fitting safely and reasonably into a 48’ trailer, and which shall have dedicated use of the trailer.

5. The term “LTL shipment” shall mean a lot of freight, which shall not have dedicated use of a trailer.

6. The term “General commodity” shall mean a commodity that requires protection from rain or snow, or other precipitation, but does not require that the temperature be maintained within any particular range.

7. The term “Refrigerated” shall mean a commodity that is requires it be maintained at an ambient temperature within a specific range, per the bill of lading.

8. The term “Open Deck” shall mean the shipment requires a trailer without walls, and/or a roof.

9. The term “Special” shall mean the commodity requires one or more of the following services: blanket wrapping, carrier provided padding, straps, loading assistance, inside pickup/delivery, off-road pickup/delivery, driving escort, special transportation permits.

10. “Bill of Lading” means the document, or any image of the original bill of lading, which shall be deemed to be the original, that provides the instructions to the carrier for the movement of the shipment to its intended destination.

11. The term "Shipper Load and Count" describes the process by which the shipper places goods into or onto the trailer at its own site. With Shipper Load and Count there is no opportunity for the joint check of the goods by the shipper and the carrier. The shipper is responsible for the proper loading and verification of the goods being shipped; provided the trailer is sealed after loading and a proper seal record is maintained by the carrier.

12. The term "Actual Value" or "Actual Valuation" shall mean the actual value of the goods required to be shown on the bill of lading by shippers, where the rate applied is dependent upon that fact.

13. "Detention" shall be defined as a charge made for a vehicle held by or for a shipper or consignee for loading or unloading, for forwarding directions or for any other purpose.

14. “Place” means a specific street address or other destination of a factory, store, warehouse, place of business, place of residence, or construction site, at a “Point”.

15. “Point” means a specific city, town, and village, incorporated or unincorporated community which is treated as a unit for the application of rates.

16. “Rate” means the value stated in cents or dollars and cents, to be used in computing the service charge for the property transported.

17. “Site” means a particular platform or specific location for loading and/or unloading at one place.

18. “Surcharge” means a charge in addition to all lawful charges due to the carrier.

19. “Consignor” means the party who has physically tendered the shipment for transportation.

20. “Consignee” means the party who is identified on the bill of lading as the party to receive the shipment.

21. “Dangerous Goods” means hazardous materials or substances which have been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, or property when transported in commerce, and which have been so designated.

22. “Cubic Dimensional Weight” means 1 pound for every 250 cubic inches or fraction thereof.

23. “C.O.D.” means Collect on Delivery, on behalf of the consignor, all charges associated with the value of the shipment.

24. “F.C.C.O.D.” means Freight Charges Collect on Delivery, on behalf of the carrier, all freight charges due for the transportation of the shipment.

25. “Prepaid” means that consignor or third party are primarily liable for the payment of all freight charges due and owing for the transportation of a shipment, and the consignee is secondarily liable.

26. “Collect” means that the consignee or third party are primarily liable for the payment of all freight charges due and owing for the transportation of a shipment, and the consignor is secondarily liable.

27. “Reconsignment” means (1) a change in the name of the Consignee or the Shipper, (2) A change in the point or place of destination, (3) relinquishment of the shipment at the point of origin, and (4) relinquishment of the shipment at an intermediate point or place while in transit.

28. “Redelivery” means a second (or more) attempt to deliver the shipment to the original consignee, at the original point or place contained in the delivery address section of the bill of lading that originally failed, through no fault of the carrier, due to (1) consignee refusal or rejection of some or all of the original shipment, (2) consignee closure during routine business receiving hours or (3) consignee cancellation of an agreed upon delivery appointment time or window

Item 250

ACCEPTANCE SUBJECT TO CAPACITY AND APPROPRIATE TYPE OF VEHICLES

The obligation to accept articles for shipment shall be subject to capacity and the availability of the appropriate type of vehicle, and to requirements of ordinances or laws limiting or regulating the transportation of the commodity or use of the vehicle.

Item 300

LOADING AND UNLOADING

A. All shipments shall be loaded by the shipper and unloaded by the consignee. If the carrier is requested by the shipper, consignor or consignee to perform loading or unloading, a charge will be assessed in addition to all other applicable charges:

B. If the carrier is requested by the shipper, consignor or consignee to utilize the services of a lumper, and the lumper services are provided, the shipper agrees to pay the lumper charges when presented with a valid receipt.

C. Nothing in this item shall be construed to indicate that the carrier is required to provide loading or unloading.

Item 350

COLLECTION OF CHARGES

1. The provisions of Section 7 of the Uniform Bill of Lading barring recourse to the shipper shall not apply. The carrier shall first make efforts to collect payment from the party primarily responsible for payment of the freight charges, as stated on the bill of lading. In the event of failure by the party primarily responsible for payment to make full payment within the credit terms, the shipper, consignor, consignee, and the Bill-To shall become jointly and severally liable for all amounts due to the carrier, including the provisions outlined in Part 5 of this Item.

2. Payment for services provided are due upon delivery, in cash, money order or bank cashier’s check, except where credit terms have been granted by the carrier to the Customer. Payment as a condition of pickup or delivery will be required from accounts without approved credit, or from accounts that have not previously paid within credit terms. In the event that credit terms have been granted by the carrier to the Customer all amounts due are payable within 10 days of the date of the freight invoice.

3. Freight charges are payable to the carrier at the carrier’s Hudson, WI office, unless otherwise specified by the carrier in writing.

4. Past Due Balances:

a. All invoices not paid within the credit terms are subject to finance fee equal to 5% of the original invoice amount. All invoices not paid within 30 days are subject to a fee of 1.5% of the outstanding amount, charged per month, such interest to accrue from the date the invoice was issued until fully paid.

b. All amounts past due shall be subject to collection efforts by the carrier or its agent. The parties responsible for payment of the past due invoices shall also be responsible for payment of all reasonable collection fees incurred by the carrier. For purposes of this Part reasonable shall mean 40% of the past due balance or $300.00, whichever are greater, plus reasonable attorney fees and pre- and post-litigation costs.

c. Jurisdiction for all legal proceedings involving collection shall be Washington County, Minnesota.

5. Any overpayments will be applied first to unpaid freight charges, interest and/or collection costs, if any, and thereafter to any other outstanding freight charges.

6. Checks received in payment of freight charges that are returned because of insufficient funds or otherwise dishonored will be assessed a fee of $25.00 and placed for collection. Additionally, Carrier reserves the right to electronically debt the remitter’s account for the amount of any dishonored check, together with the fee of $25.00.

7. Pending or un-filed claims against the carrier for loss, damage or overcharge amounts may not be deducted from freight charges invoiced to the party who filed or will file the claim or claims. All freight charges must be paid in full before any claims for loss or damage will be disposed.

8. Application of funds paid on account or without appropriate other reference shall be first applied to unpaid finance fees or charges.

9. Carrier reserves the right to convert any check into an electronic debit otherwise known as ACH.

Item 356

1. Charges accruing to the carrier are due and payable at the time an outbound prepaid shipment is tendered to the carrier, or at the time a collect shipment is tendered by the carrier to the consignee, except where credit has been extended by the carrier to the shipper, consignee or other party responsible for payment of the freight charges.

2. When the party responsible for payment of freight charges has been extended credit by the carrier, the credit period will be -10 days, including Saturdays, Sundays and legal holidays, unless a different credit period has been established by publication in a tariff or contract for a specifically named customer.

3. Provisions of this rule do not change in any way the carrier’s obligation to collect nor the freight charge payor’s obligation to pay applicable charges within the contractual or legislated terms allowed in compliance with D.O.T. 49 CFR Part 37 and the credit period stated in Item 355. This rule establishes a condition precedent for the application of the special pricing provisions described in Paragraph 1 above.

Item 1250

CLAIMS 

All claims must be filed IN WRITING, in accordance with 49 CFR Part 370, within nine months of the date of delivery, or in the event of total loss of shipment, within nine months of the date the shipment should have been delivered, and any civil action on a claim must be brought within two years from the date Carrier gives written notice that the claim is being disallowed in whole or in part. The expiration of these time periods shall be a complete and absolute defense to any such action or proceeding, without regard to any mitigating or extenuating circumstance or excuse whatsoever.

The maximum value of any one shipment shall be the actual value of the property or the equivalent of $1.00 per actual pound shipped, whichever is less, unless a greater value has been declared on the bill of lading or by written agreement prior to pick-up. The $1.00 per pound calculation shall be called the “basic coverage”

IN NO EVENT SHALL CARRIER'S LIABILITY EXCEED THE ACTUAL INVOICE VALUE OF THE GOODS. MOREOVER, CARRIER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

OFFICIAL ADDRESS OF CARRIER

The official mailing address and headquarters of the carrier is PO Box 573, 2010 O’Neil Rd, Hudson, WI 54016. All official records shall be on file at the headquarters. All payments shall be made to the carrier at this address, unless otherwise instructed by the carrier.

Item 1400

ARBITRATION OF LOSS AND DAMAGE DISPUTES

Pursuant to 49 USC 14708 Resource Logistics, Inc. offers arbitration as a means of settling loss or damage disputes arising from its household goods freight forwarder operation.