Tariff

SECTION 1

Governing Publications                                                                                                                     

This tariff is governed, except as otherwise provided herein, by the following described tariffs, and by supplements or loose-leaf page amendments thereto or successive issues thereof:

• Applicable Law – This tariff, unless otherwise specifically agreed to in writing, will be governed by and construed in accordance with the laws of the State of Florida. Parties to this tariff consent to jurisdiction and venue before any federal or state courts in Polk County, State of Florida for all disputes related to or arising out of this tariff. Carrier’s liability for loss, damage, contamination, destruction or delay to cargo transported shall be that of a motor carrier as set forth in the Carmack Amendment, 49 US.C. Section 14706, and the relevant federal common law.

1.2       Notice and Amendment – Upon written request, Carrier will provide its customers and shippers with copies of all applicable rules and rates, and accessorial charges.

SECTION 2

Definitions                                                                                                                                          

2.1       Accessorial Charges are charges for additional services that are incidental to the handling of a shipment performed by the carrier as stated in a tariff, tender, or solicitation and are in addition to any line-haul rate and applicable surcharges.

2.2       Additional Day is when an additional stop requires an overnight delay due to delivery appointment schedules. In-transit stops with a distance greater than 300 miles shall not be considered as an additional day.

2.3       Bill of Lading (BOL) shall mean the Carrier’s Bill of Lading or other Carrier accepted document

which shall serve as the legal document to be used as a contract of carriage for the movement of traffic by the carrier. The BOL shall include a description of the origin, destination, commodity, weight, the Party responsible for payment, and other information relative to the shipment rating.

2.4       Bill-To / Payor is the person or entity designated on the bill of lading as responsible for paying the freight charges and is affiliated with either the shipper or the consignee.

2.5       Blind Shipment is a shipment which is controlled by a Third Party and does not disclose the point of origin to the consignee per the request of the Third Party. The name of the location where the shipment originated does not appear on any shipping documents or packaging that will be seen by the Party receiving the delivery.

2.6       Business Day or Business Hours means 8 AM to 5 PM according to the carrier’s local Service Center time each day, Monday through Friday, excluding Saturday, Sunday, and Holidays (as defined in this Item).

2.7       Circuitous Mileage is the difference between mileage inclusive of all stops and the direct miles from origin to destination exclusive of stops.

2.8       Collect Shipment is one which the charges for transportation services, including accessorial services rendered at the request of the consignee or requested by the consignor for the consignee, are to be paid for by the consignee.

2.9       Commercial Zone means that area embraced in that specific commercial zone as described in applicable tariffs.

2.10     Consignee / Receiver means the Party to whom the carrier is required, by the BOL or other instructions, to deliver the shipment, or any part thereof, at destination or any stop–off points, whether it be the ultimate consignee or warehouseman, or a connecting air, motor, rail or water carrier with whom the carrier does not maintain direct rates, or other person designated by the BOL.

2.11     Consignor / Shipper means the Party from whom the carrier received the shipment, or any part thereof, for transportation at origin or any stop–off point, whether it be the original consignor or warehouseman, or a connecting air, motor, rail or water carrier with which the carrier does not maintain direct rates, or other person to whom the bill of lading is issued.

2.12     Consolidation of Freight is the combining of multiple LTL shipments at one point into a larger unit of volume for transportation to another point.

SECTION 3

Advancing Charges                                                                                                                           

No charges will be advanced by the carrier other than charges which are incidental to the transportation of the shipment, such as: drayage, warehouse or cold storage, loading or unloading, transportation charges of other carriers of the same shipment, or inbound carrier transportation charges.

 

 

SECTION 4

Application of Rates                                                                                                                         

4.1      Alternation – LTL rates are applicable only to LTL shipments and TL rates are applicable only to TL shipments. There is no alternation of rates between LTL and TL.

4.2      Inactive Rates – At Carrier’s sole discretion exception rates that are non-contractual may not remain effective beyond one calendar year of inactivity unless otherwise agreed to in writing.

4.3      LTL Rates – LTL rates apply on shipments only when shipped from one point, in one day, by one shipper on one bill of lading for delivery to one consignee at one destination. Rates will apply on minimum weight or actual weight (including tare weight) when greater, subject to the minimum charge provided in tariffs made party hereto.

SECTION 5

Application of Tariff                                                                                                                         

The Rules published in this Tariff will not apply if specific rules are provided in individual tariffs published by carrier.

SECTION 6

Arrival Notice and Undelivered Freight                                                                                           

6.1       Arrival Notice

• Actual tender of delivery at the consignee’s address as shown on the bill of lading constitutes the notice of arrival of a shipment.
• If the shipment is not actually tendered for delivery, notice of arrival will be given to the consignee no later than the next business day following the arrival of the shipments.
• The notice will be given by telephone if convenient and practical; otherwise, by mail, email or fax.
• If the consignee’s address is unknown to Carrier, the notice will be mailed to him at the post office serving the point of destination shown on the bill of lading.
• In the case of notification by mail, the notice will be deemed to have been received by the addressee at 8:00 a.m. on the first business day after it was mailed.

6.2    Undelivered Freight

• If freight cannot be delivered because of the consignee’s refusal or inability to accept it, or Carrier cannot locate the consignee, or if freight cannot be transported because of an error or omission on the part of the shipper, then prior to the freight being placed in warehouse or public storage, Carrier will make a diligent effort to notify the shipper that the freight is being stored and the reasons therefore, on behalf of the shipper. Undelivered freight is subject to Carrier’s lien for charges.

(b)     Undelivered shipments will be subject to applicable storage or detention charges. On undelivered shipments, disposition instructions printed on the bill of lading, shipping order, shipping label, or container, or disposition instructions issued prior to tender of delivery, will not be accepted as an authority to reship, return, or reconsign a shipment, or to limit storage liability.

• SECTION 7

Bills of Lading                                                                                                                                   

7.1      Bills of Lading

(a)       If a shipper elects to use a bill of lading contract or other form of freight receipt, any terms, conditions or provisions of such bill of lading or other form of freight receipt shall not apply if they are

inconsistent with the terms and conditions of the Voyager Bill of Lading or subsequent series. The terms of the Voyager Bill of Lading shall apply and govern, including the terms and conditions of Carrier’s tariffs which are incorporated by the reference in Voyager Bill of Lading. Carrier’s driver’s signature does not constitute acceptance of any terms (including, but not limited to, notations regarding special or consequential damages) which conflict or are inconsistent with the Voyager Bill of Lading terms and conditions. Carrier’s driver’s signature does not supersede the authority of any contractual terms with the shipper nor any relevant items of this tariff.

• For all shipments originated in the United States, where a bill of lading issued by the shipper is other than the bill of lading required herein, such driver or other Carrier signature will acknowledge receipt of the freight only. Such non-authorized bills of lading are not a contract of carriage and Carrier will not be subject to its pricing, terms and conditions. The terms of the Voyager Bill of Lading shall apply and govern.
• Continued use of unauthorized bills of lading by the shipper will not, and does not constitute an implied acceptance or ratification by Carrier.
• Bill of lading references made to classifications and tariffs or tariffs on file mean publications contained in Carrier’s files. Such classifications and tariffs shall be made available to the shipper on request to the extent that they apply to the shipper.
• When the bill of lading does not indicate which Party (Shipper, Consignee or Third Party) is responsible for payment of the freight charges, the freight charges will be billed prepaid and freight charges assessed against the shipper; otherwise, the shipper and consignee shall be liable, jointly and severally, for all unpaid charges payable on account of shipment. Nothing in the bill of lading shall limit the right of the carrier to require the prepayment or guarantee of the freight charges at the time of shipment or prior to delivery.
• On LTL shipments, the name and address of only one shipper, one consignee and one destination shall appear on a bill of lading or shipping order.
• Bills of lading shall include accurate details of the shipment necessary to effect delivery and apply a correct rate, including but not limited to the shipper’s name and address, pickup location (if direct from shipper), the consignee’s name and address, zip codes for all locations, the quantity, weight and commodity description of each product shipped, and the total gross weight of the entire shipment. All shipments are subject to an inspection and, if necessary (for rating purposes), correction of the bill of lading to reflect correct quantity, weight and /or commodity description.
• Movement of property as part of a continuance movement that has been or will be transported by an air, ocean or rail carrier will be subject to the terms and conditions of the Voyager Bill of Lading which anticipates movement by another mode of carriage. The shipper authorizes Voyager to act as its agent to sign any additional bill of lading and shipper will be bound by the lowest limitation of liability under the applicable bill, unless the shipper agrees in writing to seek additional liability coverage and to be responsible for payment of the requisite freight charges to obtain full liability coverage.

 

 

SECTION 8

Claims; Loss and Damage                                                                                                                 

Claims for loss or damage to shipment must be filed in writing by claimant within nine (9) months from date of delivery or scheduled/expected date of delivery for lost shipment, and a civil suit or arbitration proceeding shall be commenced by claimant within two (2) years from the date Carrier gives claimant written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. Nothing shall be interpreted as negating in whole or in part Carrier’s rights in accordance with 49 U.S.C. 14706.

 

8.1      Carrier Investigation – Each claim filed against the carrier in the manner prescribed otherwise herein shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim. When determined by Carrier’s investigation, loss and/or damage claims will be honored:

• Where loss of product is determined to be located the carrier, and/or
• Product is damaged due to negligence on the part of the carrier, and
• Where no claim for delay to property transported is being asserted.

8.2   Carrier Salvage Rights

• Subject to any validated claims, Carrier retains all rights to any salvage merchandise. Transportation and disposal of such merchandise is at Carrier’s sole discretion.
• Carrier shall, at its sole discretion, assume a warehousemen’s lien on all goods undelivered within 15 days unless a prior written agreement exists. Goods will not be released unless storage charges are satisfied.

8.3       Concealed Claims – All claims shall be carefully investigated, particularly those involving concealed loss and damage. Such claims will be settled individually based upon the findings determined through investigation.

8.4       Conflicting Claims – If investigation of a claim reveals that one or more other carriers have been presented with a similar claim on the same shipment, the carrier investigating such claim 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 his title to the property involved or his right with respect to such claim.

8.5       Interline Agreements – Carrier is not a Party to any contracts, agreements, and arrangements between or among carriers that pertain to the processing and disposition of cargo claims.

8.6      Perishable Cargo

• The furnishing of protective service, as provided herein, does not undertake to overcome the inherent tendency of perishable goods to deteriorate or decay, but merely to retard such deterioration or decay. This may be accomplished by reasonable protective service of the kind and extent requested by the shipper, performed without negligence.
• When perishable freight is delivered to the consignee by Voyager, the consignee must check freight to determine quantity being received and condition insofar as it is possible to determine by close, careful observation. The consignee must also take product temperatures of the goods being delivered. If shortage, damage or out–of–line temperatures are found to exist, then a notation applicable to the discrepancy will be so noted by the consignee on Voyager’s copy of the delivery receipt. When offering a shipment for delivery, if any portion of the shipment bears any indication of having been pilfered, a joint inventory of contents shall be made by Voyager’s driver and the consignee, and the results of inventory so noted on Voyager’s copy of the delivery receipt.
• Where perishable commodities are transported, Voyager will not entertain any claims unless Voyager is notified within 24 hours from the time of delivery. In no case shall Voyager be responsible for damage to products when Voyager accepts a shipment, or portion of a shipment, as a unit (i.e. master cases, palletized shipments, etc.), when damage is not outwardly detectable by Voyager at the time of loading.

8.7       Special Damages – In no instance shall Voyager be liable for any indirect, consequential, loss of profit, special, exemplary or punitive damages, even if it has been advised of the possibility of such damages.

8.8       Supporting Documents – As a necessary part of an investigation, each claim shall be supported by the original bill of lading, evidence of the freight charges, if any, and either the original invoice, a photographic copy of the original invoice or an exact copy thereof, 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 values, with trade or other discounts, allowances, 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 bill of lading 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, require the claimant to establish the actual value of the quantity shipped, transported, or involved and to certify the correctness thereof in writing.

8.9       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 shall 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.

SECTION 9

Claims; Recovery of Charges                                                                                                           

9.1       Claims Procedure

(a) Claims for overcharge, duplicate payment, or over-collection must be filed in writing by claimant within six (6) months from date of delivery and shall be accompanied by sufficient information to allow Voyager to conduct an investigation and pay or decline the claim. Claims shall include the name of the claimant, its file number, if any, and the amount of the refund sought to be recovered, if known, (b) Except when the original invoice is not a paper document but is electronically transmitted, claims for overcharge shall be accompanied by the original invoice. Additional information may include, but is not limited to, the following:

• The rate, classification, or commodity description or weight claimed to have been applicable,
• Complete tariff authority for the rate, classification, or commodity description claimed,
• Invoice payment information; check number, check amount and check date,
• Other documents or data which is believed by claimant to substantiate the basis for its claim.

(c) Claims for duplicate payment and over-collection shall be accompanied by the original invoice(s) for which charges were paid (except when the original invoice is not a paper document but is electronically transmitted) and by invoice payment information.

(d) Voyager may accept copies instead of the original documents required to be submitted in this item where Voyager is furnished with an agreement entered into by claimant who indemnifies the Voyager for subsequent duplicate claims which might be filed and supported by the original documents.

(e) Voyager must issue any invoice for charges in addition to those originally billed within 180 days the date of the original invoice in order to have the right to collect such additional charges. Debtor must contest the original invoice within 180 days of the date of the original invoice in order to have the right to contest such charges.

SECTION 10

Collect On Delivery (C.O.D.)                                                                                                            

Carrier does not accept shipments tendered as Collect on Delivery (C.O.D.). If Carrier is inadvertently tendered a shipment that is labeled as C.O.D., Carrier shall not be responsible or held liable for the collection of any funds for the shipper relating to the C.O.D. shipment.

 

SECTION 11

Debtor Offsets                                                                                                                                   

Debtor shall not have the right to withhold or offset the payment of charges due Carrier for any reason, including but not limited to outstanding loss, damage, overcharge or over collected claims.

SECTION 12

Exclusive Use of Vehicle                                                                                                                   

Carrier has control of the vehicle and the unrestricted right to select the vehicle or vehicles for the transportation of a shipment, transfer the shipment to other vehicles and to load other freight in the same vehicle with any such shipment. When, upon written request of the shipper or consignee and consent of the carrier, a vehicle is used exclusively for the transportation of a shipment because of the need for unscheduled expedited service, or because of the shipper’s or consignee’s demand for segregation or separation from other freight, it will be subject to the following.

 

12.1     Minimum Charge – Authorized rates will apply; however, in no case shall the charge be less than the applicable truckload rate, subject to truckload minimum charges.

12.2     Confirmation and Guarantee – The Party making the demand must confirm same in writing and must guarantee the charges.

 

SECTION 13

Impracticable Operations                                                                                                                 

Carrier shall not be liable for any failure to perform its service or for loss, damage or delay to any of the goods described in the bill of lading when such is caused by an act of God, public enemies, riot, strike, other work stoppage or labor unrest, a defect or inherent vice in the goods, act of public authorities, act or omission of custom officials, terrorism, faulty or impassable highway, lack of capacity of a highway or bridge, authority of law, quarantines, civil commotion or hazardous incidents to a state of war, compliance with laws, government regulations, orders or requirements, act or omission of the shipper, consignee, or owner of the goods, or any cause beyond Carrier’s control.

 

SECTION 14

Late Delivery                                                                                                                                     

Carrier is not bound to transport property in any particular vehicle in time for any particular market(s) other than to transport the merchandise with reasonable dispatch.

 

14.1     Carrier attempts to meet all requested deliveries, but does not guarantee a specific day or time,
except by Payor’s request for and Carrier’s acceptance of participation in the Carrier’s Guarantee Services Program, which specifically identifies the limitation of liability in the event of delay. Delivery times are subject to unanticipated waiting times, adverse traffic conditions, inclement weather conditions and other causes of unforeseen delays. Claims for delayed deliveries, missed appointment time and short codes are not honored. Carrier will do everything reasonably practicable to meet the shipper’s delivery request, provided that Carrier is given a due date at the time the order is placed. If Carrier is unable to meet due date because of scheduling conflicts, Carrier will make every practical effort to alert the shipper by telephone, email, fax or other means as soon as possible after the delay becomes known, but will not pay for late delivery charges.

 

SECTION 15

Limitation of Carrier’s Liability                                                                                                       

 

15.1     Cargo Liability – Except as otherwise provided herein, Carrier’s liability for cargo loss or damage shall be limited to a maximum of two dollars and fifty cents per pound ($2.50/lb.), but not to exceed one hundred thousand dollars ($100,000.00) per shipment while the product is in transit within the continental United States. Voyager does not have any Cargo Liability nor does Voyager provide any Cargo Insurance whatsoever while the product is at the customs brokers or is in transit outside the continental United States, to include within the Republic of Mexico or Canada. Cargo Insurance while the product is outside the continental United States must be arranged for by the shipper, consignee and/or owner of the goods. Any shipment with an actual value in excess of the valuation limitation described in this paragraph will not be accepted unless Carrier has acknowledged in writing acceptance after prior notification of excess value.

If shipper desires to tender a shipment requiring carrier liability in excess of Carrier’s maximum liability as defined in this section, then shipper must indicate in writing on the Bill of Lading, the agreed or declared value of the property being shipped. Carrier will assess an additional charge, in excess of the total freight charges, 3% by which the agreed or declared value exceeds the carrier’s maximum liability as defined in this section.  Excess liability coverage charges shall be paid by party specified in the bill of lading as responsible for the payment of freight charges. Excess Liability Coverage charge is subject to a minimum of $100.00 per shipment. Notwithstanding the agreed or declared value represented by the shipper, Excess Liability Coverage and the Carrier’s Maximum Liability shall not exceed the full actual value of the goods lost or damaged in transit or $100,000, whichever is lower.

15.2     Warehouseman Liability – Unless otherwise agreed to in writing, Carrier’s liability as a Warehouseman or ordinary Bailee for cargo loss or damage shall be limited to a maximum of fifty cents per pound ($0.50/lb.).

15.3     Return Shipments – The provisions of this item will apply to shipments that are returned, regardless of whether Carrier delivered the original shipment. Carrier will not be liable for the condition of the cartons, packages or products contained therein. Carrier will not be liable for the product piece count in palletized or unitized shipments, but only for the delivery of the same number of pallets or bins tendered to Carrier. Carrier will not accept or be liable for return shipments requiring dual temperatures. Carrier’s liability will be limited to delivery of the same amount of loose pieces, pallets, or bins tendered, and delivery of the product at the same temperature as recorded when the product was tendered to Carrier.

15.4     Commodities Not Described – When the commodity transported cannot be determined from the bill of lading or, carrier’s liability for cargo loss or damage shall be limited to a maximum of $0.50 per pound, but not to exceed $15,000.00 per shipment.

15.5     Shipper Causes – Property accepted for shipment under the terms and conditions of this and/or any tariff subject hereto, will be received and transported subject to such directions only, and to such election by the shipper respecting the character and incidence of the protective service of the kind and extent so directed and elected by the shipper. The carrier will not be liable for any loss or damage that may occur because of acts of the shipper, or because his directions were incomplete, inadequate, or ill– conceived.

SECTION 16

Order Notify Shipments                                                                                                                    

Carrier will not accept from any shipper or carrier a shipment moving on “Order Notify” bills of lading. If Carrier is inadvertently tendered a shipment that is labeled as Order Notify, Carrier shall not be responsible for additional obligation or duty for such shipment other than that of a common carrier.

SECTION 17

Prohibited or Restricted Commodities                                                                                             

17.1     Extraordinary or High Value Commodities – Except as otherwise provided in tariffs subject hereto, commodities of extraordinary value, which exceed three dollars per pound ($3.00/lb.) in value, will not be accepted for shipment. If such a shipment is inadvertently accepted, it will be deemed to have been released to the carrier at the carrier’s standard release valuation. However, all shipments having extraordinary value, which have been agreed to in advance and duly accepted in writing by the carrier shall be subject to the Carrier’s Maximum Liability shall not exceed the full actual value of the goods lost or damaged in transit or $100,000, whichever is lower.

17.2     Freight Liable to Damage Other Freight or Equipment – Carrier is not obligated to receive freight liable to impregnate or otherwise damage other freight, and such shipments will be refused.

17.3     Hazardous Materials – Carrier is not authorized by the Department of Transportation (D.O.T.) to transport hazardous materials. If Carrier inadvertently accepts a hazardous shipment, whether tendered as hazardous or not, all liability and cost associated with returning the shipment, taking the shipment to safe storage, or interlining the shipment with an authorized hazardous material carrier shall be assumed by the shipper that tendered the shipment.

SECTION 18

References Include Reissues                                                                                                             

Reference herein to tariffs, items, notes, pages, rules, etc., are continuous and include supplements to and successive reissues of such tariffs, items, notes, pages, rules, etc.

 

SECTION 19

Sealing of Trailers                                                                                                                             

Except as otherwise provided in tariffs subject hereto, nothing herein contained shall authorize the shipper or consignor of any shipment to seal any vehicle in which its shipment is loaded, nor require the carrier to transport any shipment in any particular vehicle, nor prevent the carrier from loading additional freight in any vehicle with any other shipment.

 

SECTION 20

Shipper Load and Count                                                                                                                   

When shipments are loaded by the shipper or the shipper’s agent and a seal is affixed without Carrier’s driver present to confirm count, freight will be considered to be tendered to Carrier as Shipper Load and Count (SL&C). On such shipments, Carrier shall not be liable for overages, shortages, or damages. Carrier will not be responsible for shortages or overages on any unsealed shipment where the freight is banded, strapped, netted, shrink-wrapped or otherwise secured to pallets, skids, bins, or platforms preventing an accurate piece count. Carrier will only be responsible for the number of pallets, skids, bins, or platforms on such shipments. Shipper or driver’s failure to include SL&C on the applicable bill of lading does not change the liability of any Party if the shipper did, in fact, load and count the shipment.

 

SECTION 21

Terminal Charges at Ports and Airports                                                                                         

Unless otherwise provided in tariffs subject hereto, the rates and charges do not include tolls, wharf access fees, usage fees, loading or unloading charges, or any other port, terminal, or airport charges at piers, wharfs, dockside terminals, or warehouses, and Carrier will not absorb said charges. Where possible, such charges will be added to the initial billing to the payor of the freight charges, or in a supplement billing, in addition to Carrier’s freight charges.

 

SECTION 22

Transfer Charges                                                                                                                              

Except as otherwise provided in tariffs made subject hereto, joint rates include all charges for drayage or other transfer service at intermediate transfer points on shipments handled through, and not stopped for special services at such intermediate transfer points.

 

SECTION 23

Unjustified Refusal of Product or Shipment                                                                                     

Product or Shipment refused for alleged infestation, odor contamination or loading with non-prohibited commodities are subject to independent lab analysis. If the results of the analysis are negative, Voyager will bill the costs of the lab analysis to the owner of the goods. The goods will be placed On-Hand and the owner of and the goods will be notified via an On-Hand Notice. Storage charges will apply unless the report shows justifications for refusal, and the lab fees will be paid by Voyager.

 

SECTION 24

Weight of Shipment                                                                                                                           

Except as otherwise provided, transportation rates apply on actual gross weights, inclusive of tare weight subject to the minimum weights specified.

 

 

 

SECTION 25

Detention and Accessorial Charges                                                                                                  

Shipper shall be responsible for payment of detention and accessorial to Carrier unless otherwise agreed to in writing by the parties.

 

SECTION 26

Loading and Unloading                                                                                                                     

Shipper shall be responsible for payment of loading and unloading charges to Carrier unless otherwise agreed to in writing by the parties.

SECTION 27

Redelivery Charges                                                                                                                          

When the carrier has presented a trailer at the consignee designated by the shipper’s bill of lading, and the consignee has refused to receive that day, or at any time subsequent to the appointment, the normal rate to that consignee will be assessed in addition to all other charges.

SECTION 28

Reconsignment or Diversion                                                                                                             

A request for the reconsignment or diversion of a shipment will be subject to the following definitions, conditions and charges:

(a) A request for reconsignment or diversion must be confirmed in writing, which shall include facsimile transmissions.

(b) A reconsignment prior to movement of a shipment shall bear the rate that would otherwise have applied if the shipment was originally scheduled for movement to the final destination

(c) A diversion en route shall bear a charge of the rate agreed of carriage upon between the parties.  Charges from origin to point of reconsignment or diversion shall be determined on the basis of the distance from origin to final destination via the reconsignment or diversion point.

(d) If the shipment is returned to the origin point, the rate to be applied will be the applicable rate to the most distant point actually traveled in addition to the mileage rate from same back to point of origin.

SECTION 29

Storage of Loads at Carrier’s Facility                                                                                                         

Layover Charges – When carrier has performed services in compliance with the shipper and /or consignee, and the carrier’s personnel are required to remain with the equipment overnight at shipper’s/consignee’s request, a fee of $250.00 will be assessed in addition to all other charges.

Fines – Shipper shall be responsible party for payment of or reimbursement to carrier, for any fines resulting from excess weight of any shipment that causes the carrier to be in violation of any local, state, or federal law.     Fines incurred for equipment defects are the responsibility of the equipment owner.

SECTION 30

Overweight Shipments                                                                                                                      

Overweight shipments that are accepted and performed by carrier which require permits will be subject to a surcharge of $100.00 for the permit plus the cost of any special license or permit required.

SECTION 31

Equipment Damage Charges                                                                                                            

Damages of any kind incurred to Equipment of any type (whether owned by motor carrier or by another equipment provider) while at the facility of and/or under the care of the shipper, consignee, consignor, will be the responsibility of the contracting party.  Motor carrier reserves the right to recover any unpaid charges from shipper, consignee, consignor, etc. as necessary, including recovery of attorney’s fees and costs.

Failure of the consignor, consignee, or their respective agents and spotting service to note damages at time of tender shall be prima facie evidence that same was spotted in good condition.  Consignor and/or consignee shall be liable for the repair cost to any equipment damaged while spotted at their facility.  Such damage shall be noted by carrier personnel at time of pickup and invoices for repairs shall be accompanied by supporting documents.

Motor carrier reserves the right to seek and recover any unpaid damages from any party involved in the incident, including contracting party’s customers, consignee, consignor, shipper, etc.