FXF 100 Rules Tariff

Special Request Shipment

 

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

Effective Date January 4, 2016


Item 755

Rule

Special Request Shipment

  1. Carrier shall issue and deliver to the Customer a contract, which states the date and/or time by which the shipment is to be delivered (the "scheduled delivery commitment"), and the transportation charges, as agreed upon by the Customer and Carrier. The agreed upon contractual pricing shall supersede all other pricing programs, common or contractual, existing between the parties for the specific shipment. This service is available for Carrier's direct service points in the contiguous United States.
  2. If Carrier fails to deliver the shipment in accordance with the terms of the agreed upon contract, all transportation charges will be voided by Carrier. Carrier will issue a zero dollar invoice showing that no charges are due for that shipment.
  3. Carrier reserves the right not to accept a request for this service if it determines, in its sole discretion, that it cannot provide the service requested.
  4. Carrier reserves the right to cancel the contract prior to movement of the shipment if the shipment does not meet the description of the shipment contained in the contract or if the shipment is not available for pickup at the agreed upon time.
  5. If the failure to meet the scheduled delivery commitment is caused by events beyond Carrier's control including, but not limited to, acts of God; acts or omissions of public authority; riots, strikes or labor disputes, including those of third parties; government regulations, orders or requirements; disruption in ground transportation as a result of weather or other causes; acts of public enemies or acts of terrorism; disruption or failure of communications or information systems; or acts or omissions of Shipper, Consignee or Owner of goods or any person or entity other than Carrier, Customer will be responsible for the lesser of:
    1. Customer's Standard Charges for the particular shipment; or
    2. the contractual charges minus a 30% discount.
  6. If Carrier attempts delivery by the scheduled delivery commitment, but is unable to complete delivery due to exceptions caused by Shipper or Consignee, the contractual charges shall be due to Carrier. Exceptions generally include, but are not limited to, shipments where the Shipper or Consignee delays or refused delivery for any reason.
  7. If Carrier attempts delivery by the scheduled delivery commitment, but is unable to do so primarily because of causes beyond Carrier's control and are not caused by Customer, Consignee or Consignor, the contractual charges will not be assessed; however, Customer will be responsible for the lesser of:
    1. Customer's Standard Charges for the particular shipment; or
    2. the contractual charges minus a 30% discount.
  8. Carrier reserves the right of recourse against the requestor of the service should Carrier be unable to collect any applicable charges from debtor.
  9. The remedies provided in this Item 755 are the sole and exclusive remedies for any claims arising specifically under this service. In no event shall Carrier be liable for any consequential, incidental, special or economic loss or damages resulting from its failure to meet the scheduled delivery date, 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.
  10. These terms and conditions shall control in the event they directly conflict with the provisions contained in any applicable contract or other applicable tariff item.
  11. Carrier reserves the right to modify, suspend or cancel this service, at its sole discretion at any time without prior notice. In such cases, only the Standard Charges will apply. Any notices by Carrier of any amendment, suspension or cancellation shall be provided via Carrier's applicable company website, which shall be the controlling version of the program's terms and conditions.