FXF 100 Rules Tariff

Carrier Liability

US Section 1
US/Canada Section 2A
Intra Canada Section 2B
US/Mexico Section 3

Effective Date March 31, 2014


Item 420

Rule

Carrier Liability

UADV, ELCP, ELCC
  1. CARRIER SHALL NOT BE LIABLE for any loss or damage to a shipment or for any delay caused by an act of God, the public enemy, the authority of law, the inherent vice of the goods or the act or default of the shipper. The burden to prove freedom from negligence is on the Carrier or the party in possession. IN NO CASE WILL CARRIER BE LIABLE FOR ANY TYPE OF CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES, including but not limited to loss of income or profits, regardless of whether or not Carrier knew or should have known that such damages might have been incurred.
  2. Customer shall, at its cost and expense, comply with all applicable federal, state, local and International laws, rules and regulations pertaining to its shipments and shall be responsible for all costs, liabilities, delays, fines and expenses caused by, resulting from or otherwise associated with any noncompliance by Customer or Customer's shipments with any such laws, rules or regulations. Customer shall also be responsible for Carrier's charges pertaining to any services performed by Carrier at Customer's request for compliance with any such laws, rules or regulations.
  3. Requests to add or change the valuation of any shipment will not be accepted, except as noted in paragraph 5.A herein.
  4. Whether new, used or reconditioned articles and regardless of NMFC released, declared or actual value provisions, Carrier's liability for any shipment loss, damage or delay shall not exceed the lesser of the actual value or the applicable liability limitations referenced in this tariff Item 420.
  5. Items described in the NMFC and shipped under RELEASED VALUE provisions will be subject to the maximum released value depending on the class listed at time of shipment.
    1. When the NMFC offers the Consignor or Consignee the option to declare an actual, declared or released value on the Bill of Lading, and such valuation is NOT declared by the Consignor or Consignee and the shipment is inadvertently accepted by Carrier, charges will be assessed based on the wording of the applicable NMFC item covering the shipment.
      1. On shipments that are classed based on value, either actual, declared or released, and the NMFC does not advise within the item or its notes how to rate a shipment when such value is not present on the bill of lading, the Carrier will rate at the highest class provided within the item at a maximum liability not to exceed $5.00 per pound. Specifically so covered within this item, but not limited to, are NMFC items 149420 and 161850 that will be rated as follows if no value is provided on the bill of lading:
        NMFC Item # Apply Class Subject to Maximum Liability of:
        149420 300 $5.00 per pound
        161850 125 $1.00 per pound
    2. When an Freight All Kinds (FAK) class or an exception class rating is provided in any tariff governed by the provisions of this tariff for a commodity that has available declared or released value provisions in the NMFC to obtain a lower class, the commodities are released to the lowest declared or released value provided in the NMFC, regardless of the shipment weight or whether rated truckload, LTL, minimum charge or absolute minimum charge.
  6. In lieu of the valuation indicated in the NMFC, valuation, rates and charges on USED or RECONDITIONED articles will be as follows:
    1. When Consignor or Consignee declares no value or declares an actual or released value of 50 cents or less per pound per package or fails to describe articles as used or reconditioned on the original Bill of Lading:
      1. Apply 100 percent of the Customer's otherwise applicable charges as published in tariffs subject to this item.
      2. Carrier's maximum liability shall not exceed 50 cents per pound per package or $10,000 per incident, whichever is lower.
    2. When Consignor or Consignee requests EXCESS LIABILITY COVERAGE for used or reconditioned articles exceeding 50 cents per pound per package and describes the articles as used or reconditioned on the original Bill of Lading:
      1. Apply $1.06 per pound per package, subject to a minimum charge of $174.81, in addition to 100 percent of the Customer's otherwise applicable charges as published in tariffs subject to this item.
      2. Consignor or Consignee will indicate on the original Bill of Lading (Carrier's form) in the designated area under Note 2 that excess liability coverage of $4.50 per pound per package has been requested for the used or reconditioned articles. When combined with the standard maximum liability of $0.50 per pound per package, the total allowable coverage, including the purchased excess liability coverage, shall be $5.00 per pound per package. If Consignor or Consignee is using a Bill of Lading form where no designated area is provided, Consignor or Consignee shall indicate on the original Bill of Lading in the description of articles section: "Excess liability coverage requested in the amount of $4.50 per pound per package."
      3. In no event shall Carrier's maximum liability for used or reconditioned articles exceed the actual value or $5.00 per pound per package (including excess liability coverage), whichever is less, with a maximum of $10,000 per incident.
    3. In all cases, the weight of packaging and/or shipping container, pallets, skids and the like shall not be included when determining excess liability coverage or Carrier's maximum liability. Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.
  7. Application of this paragraph is only while the shipment is in the Carrier's possession within points within the US and cross border shipments between the USand Canada. Unless EXCESS LIABILTY COVERAGE is requested for NEW articles and so noted as outlined in paragraph 8 herein, Carrier's maximum liability shall be the actual cost of goods supported by certified copy of original invoice not to exceed $25.00 per pound per package or $100,000 per incident, whichever is lower. In all cases, the weight of packaging and/or shipping container, pallets, skids and the like shall not be included when determining Carrier's maximum liability.
  8. When the Consignor or Consignee requests EXCESS LIABILITY COVERAGE for new articles exceeding $25.00 per pound per package, the following charges and provisions will apply:
    1. Consignor or Consignee will indicate on the original Bill of Lading (Carrier's form) in the designated area under Note 2 the amount of the excess liability coverage requested for the new articles, not to exceed a maximum of $25.00 per pound per package. When combined with the standard maximum liability of $25.00 per pound per package, the total allowable coverage, including the purchased excess liability coverage, shall be $50.00 per pound per package. If Consignor or Consignee is using a Bill of Lading form where no designated area is provided, Consignor or Consignee shall indicate on the original Bill of Lading in the description of articles section: "Excess liability coverage requested: (total amount of excess coverage requested in dollars per pound, not to exceed a maximum of $25.00 per pound per package."
    2. Charges for excess liability coverage will be assessed based on 3% of the requested excess liability coverage subject to a minimum charge of $77.09.
    3. In no event shall Carrier's maximum liability for new articles exceed the actual value of the articles or $50.00 per pound per package (including excess liability coverage), whichever is less, with a maximum of $100,000 per incident. In all cases, the weight of packaging and/or shipping container, pallets, skids and the like shall not be included when determining excess liability coverage or Carrier's maximum liability.
  9. Excess liability coverage is not available for the following:
    1. Articles with actual, declared or released values as described in the NMFC
    2. Articles listed in paragraph 6 and 10 herein may not be covered by the excess liability coverage set forth in paragraph 8.
    3. Excess liability contained within paragraph 8 herein, is expressly disallowed on shipments to points outside of the US, its possessions, or to points located in Canada. Any excess liability to points outside of the US, its possessions or to points located in Canadais the responsibility of the Shipper through the Shipper’s own insurer.
    4. Shipments moving under provisions of Item 421 contained herein.
  10. For shipments moving from points in the US to points in Puerto Rico, Hawaii, and/or Alaska and shipments moving from points in Puerto Rico, Hawaii, and/or Alaska to points in the US, the following limitations of cargo liability provisions will apply:
    1. The Carrier’s US domestic liability limitations will apply, except that no excess liability coverage is available and the Carrier’s maximum liability will not exceed the lesser of the actual value supported by a certified copy of the original invoice or the applicable liability limitations referenced in this tariff Item 420.
  11. For shipments requiring customs clearance, the Shipper, Consignee, Third Party, Broker and/or Agent is responsible for complying with all applicable domestic and international treaties, laws, government regulations, orders or requirements including but not limited to customs and import laws and regulations of any country to, from, through or over which the shipment may be carried and agrees to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. Under no circumstance will the Carrier be liable for failure to comply with any such provisions.
  12. For shipments moving from or to points within Mexico and for shipments moving from or to
    points in Mexico on the one hand and from or to points in the US on the other, the following limitations of cargo liability provisions will apply:
    1. If loss or damage occurs to a shipment while within the Border of Mexico, or at a Border Gateway of Mexico, maximum liability will be limited to $0.50 cents per pound per package or $5,000.00 per incident, whichever is lower.
    2. Excess liability coverage is not available on shipments moving within the Borders of Mexico or at the Border Gateway of Mexico.
    3. If loss or damage occurs to a shipment within the Border of the U.S. and not a Border
      Gateway of Mexico, the Carrier’s U.S. domestic liability limitations will apply, except that no excess liability coverage is available and the Carrier’s maximum liability will not exceed the lesser of the actual value supported by a certified copy of the original invoice, not to exceed the limitations and exclusion as detailed in Item 420 herein. In the event that the point of loss or damage cannot be determined, the liability limitations detailed in section 9.A or 9.B herein, in the event excess coverage has been declared at time of shipment, of this item will apply. Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.
    4. Charges for excess liability coverage (Mexico) will be assessed based on the following::
      1. A charge of $1.49 per each 100 pounds of excess coverage, pro rated accordingly (equal to $0.01 per pound charge.)
      2. Subject to a minimum charge of $73.83.
      3. Not to exceed a maximum charge of $667.74.
    5. The parties agree that FedEx Freight will be exempt from any obligation or liability that may arise from:
      1. Accidents or Acts of God, or from any other reasonable cause that is beyond FedEx Freight control;
      2. Governmental actions;
      3. Erasures or scratches caused by electric or magnetic damage or from any other
        damage to electronic, photographic or any other kind of images;
      4. Incomplete or inaccurate information stated in the SERVICE ORDER;
      5. Any of the following: theft, with or without violence, assault, attacks, disruption of public peace, kidnapping, fire, earthquake, revision of the MERCHANDISE at fiscal inspection stations or customs offices run by different administrative authorities and in general any disaster or action, with or without violence which may happen to FedEx Freight, FedEx Freight US, and/or to the CARRIER and by which the conservation, keeping and/or delivery of the MERCHANDISE, total or partial, is prevented, in conditions different to the conditions when it was received.
    6. FedEx Freight's additional liability with CUSTOMER in case of payment of the additional liability coverage shall only be applicable in the event that FedEx Freight is directly liable for the damage or loss suffered by the MERCHANDISE. In case FedEx Freight is not liable, CUSTOMER shall not have the right to claim that additional coverage payment. Likewise, FedEx Freight shall have at any time the right to refuse the additional coverage and expansion of the liability limit if at its own discretion, considers inconvenient to expand the liability additional coverage. Furthermore, the parties agree that FedEx Freight shall not have any obligation before the CUSTOMER in case the damage or loss that the MERCHANDISE suffers is caused by the events stated in 12.E. of Item 420.
  13. ANY EFFORT TO REQUEST EXCESS LIABILITY COVERAGE OR DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THIS TARIFF IS NULL AND VOID, AND THE ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A REQUEST FOR EXCESS LIABILITY COVERAGE OR A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THIS TARIFF AS TO SUCH SHIPMENT.
  14. The claimant will indemnify against any third party subrogation for cargo loss or damage over and above the maximum liability contained herein.