FXF 100 Rules Tariff

FedEx Freight® First Delivery

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

Effective Date January 4, 2016


Item 754

Rule

FedEx Freight® First Delivery
EFS1, EFS2, EFS3, EFS4, EFS5, EFS6, LTLP

(This item is only applicable to shipments using FedEx Freight® Priority service)

  1. FedEx Freight® First Delivery is available for service offering as described in 3.A. and 3.B. below. The FedEx Freight® First Delivery is only available for motor carrier ground moves with origins and destinations in the 48 contiguous United States.
  2. Requesting FedEx Freight® First Delivery: The Customer should contact the Expedited Freight Services group at 1-800-398-0625 where individual shipment eligibility will be determined. Carrier reserves the right to refuse FedEx Freight® First Delivery services when the Carrier cannot provide the service as requested.
  3. Charges for FedEx Freight® First Delivery are as follows:
    1. For time definite delivery requested on or after FedEx Freight® Priority standard day of delivery:
      1. The debtor’s otherwise applicable net line haul charges for that shipment (the “Standard Charges”), plus
        1. $110.00 when shipment delivery is a window of time greater than 2 hours
        2. $152.00 when shipment delivery is a window of time 1-2 hours
      2. If the debtor does not have a negotiated FedEx Freight pricing program, the applicable net line haul charges will have a 60% discount applied off current FXF PZONE series tariff effective at time of shipment, plus
        1. $110.00 when shipment delivery is a window of time greater than 2 hours
        2. $152.00 when shipment delivery is a window of time 1-2 hours
    2. For time definite delivery on a day earlier than standard service: The above stated charges will apply, plus an additional $110.00 flat charge for alternate routing.
    3. The fuel surcharge applies after the application of all applicable linehaul charges.
    4. Shipments converted in route to FedEx Freight® First Delivery will be subject to the above stated charges.
    5. All optional and additional service fee and charges published in the FXF 100 series rules tariff will be applied in addition to the applicable charges contained herein.
  4. Refund request due to missed service. Subject to certain exceptions set forth in paragraph 5 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 denial of the refund request. Carrier will not issue refunds or credits to third parties and/or agencies.
  5. Exclusions to FedEx Freight® First Delivery: FedEx Freight® First Delivery guarantee does not apply on 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 fork lift, crane or other mechanical devices.
    5. Requiring liftgate services.
    6. Shipments for consolidation or distribution.
    7. Shipments that are destined for will call points.
    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. Prepaid shipments originated by interline carriers.
    16. Collect shipments to be delivered by interline carriers.
    17. Shipments picked up or delivered at convention or show sites.
    18. Shipments where the requested delivery day is a Holiday [see Item 115], Saturday or Sunday.
    19. Shipments requiring protection from freezing.
  6. 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, the up-charges as shown in paragraph 3 of this item 754 will be subject to the refund process as notated in paragraph 4 of this Item 754, but the Standard Charges will apply without the money-back guarantee.
  7. If Carrier attempts delivery by the scheduled delivery commitment, but is unable to do so primarily due to causes beyond Carrier’s control and are not caused by Customer, Consignee or Consignor, the charges as shown in paragraph 3 of this item 754 will be assessed, but refundable upon request as provided in paragraph 4 of this Item 754. The Carrier’s standard charges will apply without the money-back guarantee. The money-back guarantee for FedEx Freight® First Delivery does not cover shipments delivered by the scheduled delivery commitment but damaged or short/partial deliveries. Customer must utilize Carrier’s claims process to file claims for damaged items or short/partial deliveries. The money-back guarantee for FedEx Freight® First Delivery does, however, cover the transportation charges associated with damaged items delivered beyond the scheduled delivery commitment, or short/partial deliveries if Carrier fails to deliver at least one item out of the shipment by the scheduled delivery commitment.
  8. Carrier reserves the right of recourse against the requestor of the service should the Carrier be unable to collect any applicable FedEx Freight® First Delivery charges from the debtor.
  9. The remedies provided in this item 754 are the sole and exclusive remedies for any claims arising specifically under FedEx Freight® First Delivery. In no event shall Carrier be liable for any consequential, incidental, punitive, special or economic loss or damages whatsoever, 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 FedEx Freight® First 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.
  12. Charges stated herein are subject to applicable fuel surcharges.