FXF 100 Rules Tariff

Close of Business Delivery

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

Effective Date January 4, 2016

Item 756


Close of Business Delivery

  1. The Close of Business Delivery service is Carrier's delivery, or attempted delivery, of a shipment in accordance with Carrier's normal transit standards in effect at the time of the shipment under the terms and conditions set forth in this Item 756. Close of Business Delivery commitment is considered 5:00 p.m. (local time), unless a later delivery time is acceptable by the consignee based on prior arrangements, but no later than 11:59 p.m. (local time). The “scheduled delivery commitment” is based upon the transit standards between any two zip codes and can be found on fedex.com or by contacting Customer Service at 1.866.393.4585.
  2. Eligibility. Only shipments picked up by 5:00 p.m. local time are eligible for Close of Business Delivery service. The scheduled delivery commitment is based on the date the pickup actually occurs and not on the date that the pickup was scheduled to occur (i.e., does not cover missed pick-ups).
    Close of Business Delivery covers all Less-Than-Truckload (LTL) direct shipments originating from and destined to all points in the 48 contiguous states.
  3. Requesting Service. In order to request the Close of Business Delivery service, the Customer must clearly and distinctly indicate "Close of Business" on the face of the bill of lading when the shipment is tendered to Carrier. To indicate Close of Business Delivery service using the bill of lading generator on www.fedex.com, the Customer must select the "Close of Business" check box in the Service Selection section.
  4. Charges for Close of Business Delivery service are the debtor's otherwise applicable net linehaul charges for that shipment (the "Standard Charges"), plus an upcharge of $80.00.
  5. Refund request due to missed service. In the event the shipment is not delivered at or by 11:59 p.m. (local time) on the scheduled delivery commitment, subject to certain exceptions set forth in paragraph 7 and upon request of the debtor only, all transportation charges related to the specific shipment will be refunded to Customer or credited to the Customer’s account at Carrier’s option in the event the shipment is not delivered per the scheduled delivery commitment. To initiate a refund request the debtor shall notify the Carrier via email to expeditedrefund@fedex.com within fifteen (15) calendar days of the date of the scheduled delivery commitment. The email will include the pro number of the shipment in question, debtor’s company name and contact information along with a description of the service failure. If Customer’s refund request is denied, an appeal may be submitted via email to expeditedrefund@fedex.com within five (5) business days of the Carrier’s original refund request denial. Carrier will not issue refunds or credits to third parties and/or agencies.
  6. Exclusions. Close of Business Delivery does not apply to the following shipments:
  1. Originating from or destined to any points outside the contiguous United States
  2. Not properly packaged or labeled by the Shipper
  3. Delayed due to missing, incomplete or inaccurate documentation
  4. Requiring special equipment for delivery, including liftgate, fork lift, crane or other mechanical devices
  5. Shipments requiring notification or appointment prior to delivery.
  6. Shipments that are destined for will call points
  7. Shipments that are held for consolidation or distribution
  8. Containing hazardous materials that are incompatible with other items on the trailer
  9. Involving Volume Services, brokerage, intermodal, spot market pricing or other special programs
  10. Shipments subject to Capacity Load (Item 390)
  11. Shipments subject to Cubic Capacity and Density (Item 613 and/or Item 614)
  12. Held for inspection or detained by governmental regulation or mandate
  13. COD
  14. Shipments moving on Government bills of lading or on shipments where the actual freight charges are to be paid by the government
  15. Shipments picked up or delivered at convention or show sites
  1. If the failure to meet the scheduled delivery commitment is caused by the Carrier providing protection from freezing service or 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, the additional upcharge amounts as stated in paragraph 5 of this Item 756 will not be assessed, but the Standard Charges will apply.
  2. If Carrier attempts delivery by the scheduled delivery commitment, but is unable to complete delivery due to exceptions caused by Shipper or Consignee, the Standard Charges plus the upcharge amounts as stated in paragraph 5 of this Item 756 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.
  3. The money back guarantee for Close of Business Delivery does not cover shipments delivered damaged or short/partial deliveries. Customer must utilize Carrier's claims process to file claims for damaged items or short/partial deliveries. Close of Business Delivery does, however, cover the transportation charges associated with damaged items delivered beyond the scheduled delivery date, or short/partial deliveries if Carrier fails to deliver at least one item out of the shipment by the scheduled delivery date.
  4. Carrier reserves the right of recourse against the requestor of the service should Carrier be unable to collect any applicable Close of Business Delivery charges from debtor.
  5. The remedies provided in this Item 756 are the sole and exclusive remedies for any claims arising specifically under Close of Business Delivery. 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.
  6. 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.
  7. Carrier reserves the right to modify, suspend or cancel Close of Business Delivery 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.
  8. Charges stated herein are subject to applicable fuel surcharges.