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A. Maximum liability on shipments subject to a SPOT QUOTE or Pallet Pricing will be :
Per Pound per package…….. $2.00
Not to Exceed………………. $10,000
B. Except as otherwise set forth in individual shipper contracts, in the event of loss and/or damage to any shipment, carrier’s liability will not exceed $5.00 per pound per package, subject to a maximum excess valuation of $100,000.00 per conveyance or the released valuation established in this tariff or the current NMF 100. The lowest valuation will control. If shipper desires to tender a shipment requiring carrier liability in excess of $5.00 per pound per package, then shipper must indicate in writing on bill of lading at time of shipment and pay carrier the total dollar amount of Full Value Coverage (see section 5 of this item). In no event shall Full Value Coverage exceed $100,000.00 (see section 5 paragraph 7).
C. The carrier’s maximum liability in the event of loss or damage will be determined separately for each distribution package lost or damaged, and will be limited to the lowest of the following:
- The actual value of the shipment at origin; or
- The valuation provided in Paragraph A or B, above; or
- The Released Value as stated in the National Motor Freight Classification 100 series, which will apply for each distribution package lost or damaged.
D. The term “Distribution Package” means any primary shipping package authorized by the provisions of individual tariffs governed by this tariff or classification items in the NMFC. When a number of distribution packages have been unitized, strapped or otherwise fastened together, or contained on pallets, platforms or skids, or have been overpacked in an additional complying package, the carrier’s maximum liability will be determined by separately multiplying the released value times the weight of each individual distribution package lost or damaged and not on the basis of the weight of the total number of distribution packages unitized, strapped or otherwise fastened together, or contained on pallets, platforms or skids, or overpacked in an additional complying package. Where a distribution package contains articles subject to the provisions of this item and articles not subject to this item, the carrier’s maximum liability is to be determined by multiplying the total weight of the distribution package by the maximum value per pound shown Paragrapg A or B.
Unless identified and properly insured, the following property will not be accepted for shipment nor as premiums accompanying other articles:
|CREDIT CARDS||ORIGINAL WORKS OF ART |
(See Note I)
|CURRENCY, other than coin |
(See Note B)
|JEWELRY, other than costume or novelty jewelry||REVENUE STAMPS (See Note D)|
|LETTERS, with or without stamps affixed |
(See Note C)
|VALUABLE PAPERS OF ANY KIND|
|MARBLE FIGURES||VISUAL COMMUNICATING OR MONITORING|
|MUSEUM ARTICLES, or ARTICLES OF ANTIQUITY (See Note H)||DEVICES (including TELEVISIONS, VIDEO or MULTIMEDIA MONITORS or DISPLAYS), other than CRT(Cathode Ray Tube)|
Carriers are not obligated to receive freight liable to impregnate or otherwise damage other freight or carrier’s equipment. Such freight may be accepted and receipted for subject to delay for suitable equipment, or may be refused for lack of suitable equipment
The following articles will not be accepted for transportation:
- Explosives, Hazard Class 1, Division 1.1, 1.2 or 1.3;
- Explosives, Hazard Class 1, Division 1.5, requiring placards, exceeding 1,000 pounds;
- Poison, Inhalation Hazard, Hazard Zone A, of any nature;
- Poison, Inhalation Hazard, Hazard Zone B, in bulk containers exceeding 119 gallons;
- Poison, Inhalation Hazard, Hazard Zone C, in packaging exceeding 3,500 gallons;
- Refrigerated Liquid Methane, LP gas or other liquefied gas with a methane content greater than 85%,
- in packaging exceeding 3,500 gallons;
- Radioactive Materials, Articles or Isotopes that are highway route controlled.
1. Commodities tendered for shipment with an invoice value exceeding values as stated in Section 1 Paragraph A or B will be considered to be of “Full Value”.
2. The shipper may request “Full Value Coverage” on shipments of commodities that exceed the maximum liability limitations as provided in Section 1 herein or in other tariffs or contracts only as set forth in this item.
3. Shipments described in Section 5, Item 1 where “Full Value Coverage” is not requested, shall be governed by any and all limitations set forth in Section 1 herein or as provided in the NMFC.
a) “Full Value Coverage” will be deemed to be requested when the Bill of Lading is marked as such at the time of shipment, and the shipper must indicate in writing on the Bill of Lading the total “Full Value Coverage” requested. (See Example below and Notes G and H for exclusions)
Example: A shipper requesting $10,000.00 “Full Value Coverage” would notate the Bill of Lading as follows;
“Full Value Coverage requested in the amount of $10,000.00.”
4. “Full Value Coverage” purchased by the shipper will apply to the shipment as a whole and will be prorated across the entire shipment in the event of a partial loss or damage.
5. The charge for “Full Value Coverage” will be:
$.60 per $100 of Full Value Coverage requested, subject to a minimum charge of $50.00 per shipment, and subject to a maximum excess value coverage of $100,000.00 per shipment. The charge will be in addition to any applicable freight charge and is not subject to any discount. The charge will be payable by the party responsible for payment of the freight charges and shall be considered and treated as additional freight charges.
6. Full Value Coverage includes the amount of the invoice supplied by the Consignor or Consignee, plus the prepaid or collect freight charges not included in the invoice, plus 10%, calculated as follows:
a. INVOICE AMOUNT- $30,000, PLUS freight Charges of $300.00 = $30,300.
b. AMOUNT OF COVERAGE- $30,300 multiplied by 110% = $33,330.
c. CHARGE AT $.60 PER $100 = 333.30 units multiplied by $.60 = $199.98.
7. Maximum Liability: The maximum “Full Value coverage” available is a total combined amount of $100,000.00 per shipment. If a shipment is inadvertently accepted with a request for excess value coverage exceeding $100,000.00, the maximum coverage shall be limited to $100,000.00. In no event shall liability exceed the actual invoice value of the goods shipped (including “Full Value coverage).
8. Executing the provisions stated in Section 5 will eliminate the application of Section 1 of this item.
- If a released rate is available for the commodity shipped, and if the Consignor fails to declare the Released Value on the Bill of Lading at the time of shipment, the shipment will not be accepted. However, if the shipment is inadvertently accepted, it will be conclusively presumed that the lowest Released Value applies even though the commodity was listed under Freight, All Kinds, (FAK) and/or moved under a minimum freight rate.
- When a Released rate is available for a commodity, and the commodity moves under a Freight, ALL Kinds or a reduced minimum rate, it shall be conclusively presumed that the goods in question shall have a Released Value for the purposes of any loss or damage claimed.
- When on Minimum Charge shipments, subject to the provisions of this tariff, carrier’s liability in the event of loss of damage, shall be at the lowest Released Value provided for the commodity, subject to the Released Value provisions in Tariff NMF 100 Series.
- Shipments of Used Equipment and/or Machinery, of Uncrated New Equipment or Machinery, as described in NOTE I, below, will be accepted for transportation only when the Shipper releases the value of the property to a value not exceeding 10 cents per pound per distribution package. If the shipper fails to release the value of the property to a value not exceeding 10 cents per pound per distribution package, the shipment will not be accepted, but if shipment is inadvertently accepted, it will be considered as being released to a value of 10 cents per pound per distribution package and the shipment will move subject to such limitations of liability. If the Consignor declines to release the value of the property to a value not exceeding 10 cents per pound per distribution package, or designates a value exceeding 10 cents per pound per distribution package, the shipments will rated at the applicable full, non-discounted, class rate found in the current LKVL 500 series tariff. Failure of the Consignor to declare that commodity is “used” shall not alter the application of this item (SEE NOTE J). Definition of “used” shall include: Rebuilt, Refurbished, Reconditioned, Demonstrators or Display units.