FXF 100 Rules Tariff

Shipper Load or Consignee Unload

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

Effective Date January 4, 2016


Item 578

Rule

Shipper Load or Consignee Unload

 
  1. In lieu of pickup or delivery service as provided in Item 750 and when convenient for Customer and Carrier, Customer may load/unload Carrier's trailers or vehicles, under the following conditions:
    1. SHIPPER LOAD - When prearranged with Carrier's local operations, Carrier will spot or drop trailer at the Shipper's loading facility so the Shipper may load the trailers or vehicles at its convenience. Any discrepancy on those shipments tendered under the Shipper Load and Count arrangement will be handled in the following manner:
      1. At pick-up, Carrier will include "SL&C" on the bill of lading, indicating that the Shipper counted and loaded the shipment without Carrier's driver present. The Shipper will properly block and brace the freight. Carrier's failure to note "SL&C" on the bill of lading will not affect the liabilities of the parties, if the Shipper has in fact performed the counting and loading without a representative from Carrier present.
      2. Carrier will provide seals for security purposes to the Shipper when requested. Failure to seal a load will not affect the terms and conditions outlined in Item 578.
      3. Carrier will notify the Shipper's representative by auto-fax of any exceptions within 24 hours of first unloading. This will not include weekends or holidays, in which case such notice shall be provided within 24 hours following the next business day. Carrier will not be liable for uncountable palletized orders, picked up and delivered with wrap intact.
      4. Shortage claims filed will be thoroughly investigated. Carrier will work with the Shipper to use overages, as mutually agreeable, to offset their liability on valid claims.
      5. Except as otherwise provided, Carrier will accept liability for any loss or damage to product that has not been properly reported as lost or damaged by Carrier unless the loss or damage is one of the concealed nature. In this respect, Carrier and Shipper agree to settle concealed damage claims, reported within 15 days of delivery, based on supporting facts and merits of the investigation.
      6. Carrier can be responsible for handling units only as applicable and to the extent that a piece count can be verified. Individual item numbers and P.O. shortages at delivery shall not be deemed as shortages against Carrier when the handling unit count matches the amount properly reported as received on the SL&C trailer.
      7. Carrier agrees not to decline liability of claims just because the bill of lading is noted "SL&C". Carrier will provide a clear proof of delivery, a properly reported exception or payment of the claim. The Shipper agrees not to file claims when discrepancies have been properly reported. All terms and conditions of the Bill of Lading Contract, which are not inconsistent with Item 578 herein, will apply.
      8. Freight claims liability is subject to limitations as defined in FXF 100 series Rules Tariff or liability terms of the signed Transportation Agreement in effect at the time of the shipment is tendered.
      9. Shipper agrees that it will not utilize Carrier equipment for any use other than the express purpose of Item 578. Upon receipt of the trailer, the trailer and its contents become the responsibility of the Shipper. Precautions must be taken as necessary to protect the equipment and its contents from theft, damage or other hazards.
      10. Shipper agrees that it will accept liability for any and all damages occurring to Carrier’s equipment, or for the loss of Carrier’s equipment, while in Shipper’s physical possession, other than normal wear and tear or an Act of God. Shipper will promptly reimburse Carrier for cost of repairing or replacing such equipment.
    2. CONSIGNEE UNLOAD - Carrier will drop or spot trailers or vehicles at the Consignee's facility so the receiver may unload the trailers or vehicles. Any discrepancy on those shipments tendered, as CONSIGNEE UNLOAD will be handled in the following manner unless a separate agreement is already established and signed in place:
      1. Carrier agrees to spot or drop trailers or vehicles at Consignee's place of business for the purpose of Consignee to complete the unloading process.
      2. Consignee agrees it will not utilize Carrier's equipment for any use other than the express purpose of Item 578 herein. Upon receipt of the trailer, the trailer and its contents become the responsibility of the Consignee. Precautions must be taken as necessary to protect the equipment and its contents from theft, damage or other hazards.
      3. When the Consignee fails to report to Carrier's local service center that equipment is empty and available to Carrier for removal, it will be subject to detention rules and charges.
      4. Consignee will accept liability for any and all damages occurring to Carrier's equipment, or for the loss of Carrier's equipment, while in its physical possession, other than normal wear and tear or an Act of God. Consignee will promptly reimburse Carrier for the cost of repairing or replacing such equipment.
      5. Carrier will provide sealed trailers with the Carrier's seal number documented for security purposes. Failure to seal a load will not affect the terms and conditions outlined in this item.
      6. Carrier or its agent will provide two (2) copies of the delivery manifest that will serve as delivery receipt and a discrepancy reporting form for each shipment in the trailer. Upon receipt of the trailer, Consignee will sign and date the delivery manifest. Consignee’s signature on the trailer manifest represents receipt of the trailer, contents and condition of contents unknown. Carrier or its agent will retain a copy of the signed trailer delivery manifest to establish the date that the trailer was dropped for Consignee unloading.
      7. Consignee agrees to notify Carrier by fax of any exceptions of their provided copy of the trailer manifest, within 24 hours (not including weekends or holidays) of the trailer being dropped. Carrier shall not be liable for exceptions reported after 24 hours of trailer being dropped.
        1. Any instance of short or damage must be noted on all copies of the delivery manifest as the trailer is unloaded.
        2. Instances of ‘No Bill’ (freight with no bill) should be telephoned to Carrier’s delivery service center or agent immediately for resolution. Consignee will record ‘No Bill’ exceptions on all copies of the delivery manifest, showing the shipper of the goods, the number of pieces received, and a description of the freight, as well as, any markings such as Purchase Order or shipper number that might be on the freight.
        3. Overages should be recorded on all copies of the delivery manifest. Consignee will record the number of pieces over and a description of the freight.
        4. Mis-sorts (freight not marked for Consignee) must be recorded on all copies of the delivery manifest and must be returned to Carrier or its agent when the empty trailer is picked up.
        5. Consignee will record all instances of short or damage on all copies of the delivery manifest next to the appropriate shipment data. When possible, a full description of the product damaged or short will be provided. Notice of any exception is to be faxed on the provided manifest to the Carrier’s delivery service center or agent.
        6. Consignee will report concealed damage to Carrier or its agent immediately upon discovery. All product and packaging will be held for inspection.
      8. Carrier shall not be liable for uncountable palletized orders, picked up and delivered with shrink wrap intact or for Shipper Load and Count orders that have been properly reported to the Shipper at first unloading.
      9. Carrier shall only be responsible for handling units as signed for and tendered by Shipper. Individual item numbers and purchase order shortages shall not be deemed shortages against Carrier when the handling unit count matches the amount signed for at time of Pickup, or as applicable, properly reported as received on a Shipper Load and Count trailer.
      10. Shipments tendered to the Consignee to be unloaded at their convenience are to be secured by the Consignee in a manner to prevent theft. Carrier will not be held responsible for stolen product while in the possession of the Consignee.
      11. The burden is Carrier's to provide a clear proof of delivery. It is the Claimant's responsibility to provide a properly reported discrepancy with dated fax confirmation for payment of the claim. The Consignee agrees not to file claims or take deductions when discrepancies have not been properly reported.
      12. Liability:
        1. Exceptions recorded and reported in accordance with Item 578 will be the liability of Carrier.
        2. Exceptions not recorded and reported in accordance with Item 578 will be the liability of Consignee. Resulting claim(s) regardless of party filing will be the responsibility of Consignee.
        3. Freight claims liability is subject to limitations as defined in the FXF 100 series Rules Tariff or liability terms of the signed transportation contract between Consignee and Carrier in effect at the time of the shipment is tendered.