D & H Trucking Co., Inc.

 
US DOT 433139

 

 

 

DNHC TARIFF 125

 

 

NAMING RULES AND ACCESSORIAL CHARGES

APPLYING ON
INTERSTATE AND INTRASTATE COMMERCE

 

(For reference to Governing Publications, see Item 100)

 

 

RULES TARIFF

 

Effective Date:   June 24, 2005 

 

 

This Tariff Applies on Both Inbound and Outbound Traffic

_________________________________________________________________________________

Issued June 24, 2005 by;

 Murray L. Langdon, Sales/Marketing

#5 Southlink Drive, Washington, MO 63090

 


 

INDEX TO DNHC125 SERIES RULES AND ACCESSORIAL CHARGES

Application and Item number

            Governing Publications                                                                                                              100

            Definitions and Abbreviations                                                                                                    110

            Application of Rates                                                                                                                  150

            Application of Tariff                                                                                                                  160

            Bills of Lading                                                                                                                           200

            Bills of Lading - Corrected                                                                                                         210

            Bills of Lading - Freight Charge Collection                                                                                  220

            Claim Rules                                                                                                                               250

            C.O.D. Shipments                                                                                                                     270

            Customs Clearance (Border Clearance) Fees, U.S./Canada Border                                               275

            Customs Clearance (Border Clearance) Fees, U.S./Mexico Border                                               276

            Customs or In-Bond Handling Fee, U.S./Canada Border                                                              280

            Delivery By Appointment                                                                                                           300

            Detention Charges - Vehicles With Power Units                                                                           350

            Detention Charges - Vehicles Without Power Units                                                                      360

            Distances                                                                                                                                 400

            Documents Requested, additional charges                                                                                 420

            Exclusive Use of Vehicle                                                                                                           450

            Extra Labor - Loading or Unloading                                                                                            470

            Extreme Length Articles                                                                                                             472

            Fuel Surcharge                                                                                                                          475

            Hazardous Materials                                                                                                                  480

            Hydraulic Lift Gate                                                                                                                     490

            Impractical Operation                                                                                                                 510

            Inside Delivery or Pick-Up                                                                                                          530

            Liability Limitation                                                                                                                      540

            Liability - Published Transit Times                                                                                               550

            Linear Foot Minimum Charge                                                                                                      570

            Marking, Labeling or Tagging Freight                                                                                          575

            Minimum Charge Cubic Capacity & Density                                                                                580

            Mixed Shipments - LTL                                                                                                              590

            Notification Prior To Delivery                                                                                                     610

            Minimum Charge Base                                                                                                               620

            Overflow Shipments                                                                                                                  630

            Per Hour charges                                                                                                                      640

            Pick-Up and Delivery Service                                                                                                     700

            Pick-Up and Delivery Service - Before or After Hours, Saturday, Sunday or Holiday                     720

            Pick-Up and Delivery Service – Convention Centers, Exhibitions or Trade Shows                          730

            Prepayment of Charges                                                                                                             740

            Prohibited or Restricted Articles                                                                                                 750

            Reconsignment or Diversion                                                                                                      770

            Redelivery                                                                                                                                 790

            Residential Delivery or Pick-Up                                                                                                  810

            Revocation of Discount                                                                                                             850

            Sorting, Segregating, Assembling or Recouping                                                                         870

            Stop-Offs                                                                                                                                 880

            Storage Charges                                                                                                                       890

            Undelivered Freight                                                                                                                   895

            Weight Verification                                                                                                                    900      

 

 

 

 

 

 

 

 

 

 

100       GOVERNING PUBLICATIONS

This Tariff is governed, except as otherwise provided herein, by the following publications, including supplements thereto and subsequent reissues thereof AND is applicable on either INTERSTATE or INTRASTATE shipments, as the case may be, unless otherwise specifically indicated:

1.         National Motor Freight Classification Series 100, Supplements thereto or

reissues thereof.

 

110       DEFINITIONS AND ABBREVIATIONS

Collect                          With respect to freight or accessorial charges, indicates that the consignee is responsible

for payment of charges.

Consignee                    The person or firm who is designated to receive articles shipped.

Consignor                     The shipper; the person or firm tendering a shipment for transportation.

Cubic Feet                    The amount of space consumed by a shipment, measured as LxWxH.

DNHC                           D & H Trucking Company, Inc.

Linear Foot                   As used in Item 570, the length of the floor of a vehicle a shipment occupies when

                                    properly loaded.           

LTL                               Less than Truckload; meaning all shipments subject to LTL ratings in the NMFC Series 100, supplements thereto or reissues thereof, weighing less than 19,999 pounds. Shipments weighing between 10,000 and 19,999 shall be rated at the 10,000 pound LTL rate less any applicable discount.  Shipments that exceed 20,000 pounds or more shall be rated at actual weight using the 10,000 pound LTL rate level less any applicable discount.

NMFC                           National Motor Freight Classification Series 100, Supplements thereto and reissues thereof.

North East States          The States of CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA and VT.

Prepaid                         With respect to freight or accessorial charges, indicates that the shipper is responsible for

                                    payment of charges.

Shipment                      A “shipment” is a lot of freight received from one shipper at one point (or places within the confines of a single plant), on one day consigned to one consignee at one address and destination and covered by one Bill of Lading.

Shipper                         The person or firm tendering a shipment for transportation; the consignor.

West Coast States        The States of AZ, CA, ID, MT, NV, OR, UT, WA and WY.

 

 

 

150       APPLICATION OF RATES

In no case shall the charge for any shipment be greater than the charge for a shipment with the same particulars at a greater weight.

 

All shipments shall be rated at full applicable class rates from the DNHC 500 Series Class Rate Tariff published by the Middlewest Motor Freight Bureau in effect at the time of the shipment, unless subject to the terms of any published Pricing Agreement, Contract or Numbered Rate Quote issued in writing by DNHC.

 

Unless otherwise indicated, where there exists more than one applicable rate contained in one or more Pricing Agreements or Contracts published by DNHC, the terms of said Pricing Agreements or Contracts shall be assumed to alternate, with the lesser charges applying.  Charges that have been quoted by phone, fax or electronically and retained for reference will apply regardless of any other published Pricing Agreement or Contract.

 

Where a published DNHC Pricing Agreement or Contract provides for the application of rates “per skid”, skids must not exceed standard 40” x 48” (L x W) size unless otherwise provided in writing in the Pricing Agreement, Contract or Numbered Rate Quote.

 

On joint line shipments, the applicable joint line discount will apply as shown in the pricing agreement unless other provisions have been made in writing with either carriers or shippers. 

 

160       APPLICATION OF TARIFF

The provisions of this Rules Tariff apply in connection with any published Class or Commodity Rate Tariff, Pricing Agreement, Numbered Rate Quote or Contract  (unless otherwise specifically mentioned), issued by DNHC and will be applicable on INTERSTATE and/or INTRASTATE shipments, and on shipments moving in connection with DNHC to or from CANADA or MEXICO.

 

200       BILLS OF LADING

A separate Bill of Lading conforming to the provisions of the National Motor Freight Classification Series 100 Rules must always be issued for each shipment and must include the name and address of one shipper and one consignee only.  The Bill of Lading constitutes the complete contract of carriage between DNHC and the shipper.  Particulars as to commodities and weights and number of each must be distinctly stated, conform to the word descriptions in the NMFC, and include the type of packaging used.  NMFC Item and Sub numbers may be used in addition to, but not in place of commodity descriptions.  DNHC reserves the right to inspect shipments where necessary to determine proper classification.  When found to be incorrectly described, charges must be collected according to the proper description.

 

NOTE 1 – Where a Bill of Lading, other than the Uniform Bill of Lading a DNHC Bill of Lading, issued by the shipper, is signed for by the carrier’s driver or other person(s), that signature ONLY acknowledges receipt of the freight and identifies the entity to deliver.  It is NOT a contract for the carriage of the freight.  Continued use of an unauthorized Bill of Lading by the shipper will NOT constitute implied acceptance by DNHC.

 

NOTE 2 – Only DNHC corporate officers (President or Vice-President) are authorized to agree to alternate contract terms and conditions and the use of an alternate Bill of Lading referencing such terms and conditions, and such authorization is required to be in writing.

 

210       BILLS OF LADING - CORRECTED

Requests for change in freight charge collection status will be accepted under these conditions only:

            1.         Shipper’s request to change to Collect before shipment is delivered.      

            2.         Shipper’s request to change to Third Party Billed.

            3.         Shipper’s request to change to Prepaid.

            4.         Consignee’s request to change to Collect.

            5.         Third Party Payer’s request to change to Third Party Billed.

           

NOTE 1 - DNHC will not be required to accept requests for change in freight charge collection status where the responsible party does not have established credit with DNHC, but may do so at their discretion.

 

NOTE 2 - DNHC will assess a $5.00 charge for new billing in addition to all other applicable charges against the party requesting the change in freight charge collection status.

 

NOTE 3 - Redelivery, storage or other charges that become applicable on shipments that have been refused due to the freight charge collection status will be assessed against the party responsible for payment of the freight charges on the corrected Bill of Lading issued by shipper.

 

Requests for change in freight charge collection status will not be accepted under these conditions:

            1.         Shipper’s request to change to Collect after shipment is delivered.

2.         Shipper’s request to change to Collect if Section 7 (non-recourse clause) is

executed.

            3.         Consignee’s request to change to Prepaid or Third Party Billed.

 

Requests for changes in piece count, freight description, or weight will not be accepted from shipper or consignee after the shipment has been delivered.  Requests made before delivery will be accepted subject to DNHC’s confirmation of the amended information.  DNHC will assess a $5.00 charge for new billing in addition to all other applicable charges against the party requesting the change.

 

All requests for amendment to the terms or particulars of the Original Bill of Lading must be submitted in writing as either a Corrected Bill of Lading or other written request in the form of a Fax or Electronic Mail clearly identifying the party making the request for amendment and the change(s) requested.

 

220       BILLS OF LADING - FREIGHT CHARGE COLLECTION

The signed Bill of Lading received by DNHC at time of pickup governs the terms of shipping pertaining to payment of freight charges.  Freight charges on a Bill of Lading marked “Prepaid” must be paid by the shipper.  Freight charges on a Bill of Lading marked “Collect” must be paid by the consignee.  Freight charges on a Bill of Lading not marked either “Prepaid” or “Collect” are considered as “Prepaid” and must be paid by the shipper.

 

When a party other than the shipper or consignee on the Bill of Lading is responsible for paying the freight charges, the shipper must place the name and address of such third party on the Bill of Lading at the time of shipment.  Shipper must also guarantee payment of charges if the third party fails to pay such charges within the time limit allowed under Federal regulations.  Third Party billed shipments will not be accepted if the shipper has executed Section 7 (non-recourse clause).

 

250       CLAIM RULES

DNHC does follow and abide by:

1.         Principles and Practices for the Investigation and Disposition of Loss and Damage Claims, NMFC.         

            2.         Procedures Governing the Processing, Investigation and Disposition of Overcharges, Unidentified Payment, Duplicate Payment or Over Collection claims, as amended by the Trucking Industry Reform Act of 1994, (49 U.S.C. 10762(a).

 

270       C.O.D. SHIPMENTS

C.O.D. Shipments will be accepted for transportation by DNHC, subject to the following:

1.         The amount of the C.O.D. must be noted on the Bill of Lading at the time shipment is tendered to DNHC (See Notes).

            2.         The charge for collecting and remitting the amount of each C.O.D. shipment will be 3% of the C.O.D. amount, subject to a minimum charge of $20.00 and a maximum charge of $250.00.  The fee for collecting and remitting each C.O.D. will be collected from the consignee unless otherwise indicated on the Bill of Lading.

3.                   Only certified funds (bank cashier’s check, bank certified check, money order) or cash (up to a

maximum of $250.00) will be accepted for payment of the C.O.D. amount.  All checks and money

orders shall be made payable to the shipper. 

4.                   Terms of C.O.D. collection specified in this item supercede any indication other collection

methods specified on any preprinted bill of lading.

 

DNHC will accept only written requests from the shipper to return the shipment or to amend the Bill of Lading provisions on C.O.D. shipments subject to the provisions of this item by increasing, reducing, canceling or changing the form of payment of C.O.D. amounts, subject to the following:

            1.         The charge for any amendment regarding the C.O.D. shall be $20.00 per shipment.

            2.         All charges accrued under this item must be prepaid or guaranteed to the satisfaction of DNHC.

            3.         DNHC does not obligate itself to accept the changes provided herein but upon request, a reasonable effort will be made to do so.

            4.         If a request to amend the provisions of a C.O.D. shipment is received after the shipment has been tendered for delivery and refused by the consignee, the shipment will also be assessed the applicable redelivery charge in addition to the charge for amending the C.O.D.  Shipper must guarantee payment of both charges to the satisfaction of DNHC.

 

NOTE 1 - Shipments must be tendered on “Uniform Straight”, “Straight Bill of Lading” forms as shown in the NMFC.  The letters “C.O.D.” must be stamped, typed or written on all such Bills of Lading and shipping orders immediately before name of consignee: or “C.O.D.” in red letters at least one inch in height with thickness of stroke ¼ inch thick or greater must be stamped or printed across the face of all Bills of Lading and shipping orders.  Only one C.O.D. amount may be shown and may not be subject to change dependent upon time or conditions of payment.  The name and street post office address of shipper and consignee must be shown on Bill of Lading and shipping order.  On Straight Bills of Lading - Short Form, there must be shown in the space provided for this purpose, or in the lower left hand corner space provided for “description of articles, special marks and exceptions”, the following information: 

                                    Collection on Delivery ($Amount) and remit to: (address)  

                                    C.O.D. Fee to be paid by: (   ) Shipper or (   ) Consignee.                                  

 

NOTE 2 – Each package must be plainly marked or labeled by the shipper showing the letters “C.O.D.” and the name and address of the shipper and consignee in accordance with Item 580 of the NMFC.

 

NOTE 3 - Upon collection of a C.O.D. bill, DNHC shall remit each C.O.D. collection directly to the shipper or other person or persons designated by the shipper as payee, promptly and within ten days after delivery of the C.O.D. shipment to the consignee.   DNHC shall maintain a record of all C.O.D. shipments received for delivery in such manner and form as will plainly and readily show the following information with respect to each shipment: Number and date of freight bill; Name and address of shipper or other person or persons designated as payee; Name and address of consignee; Date shipment delivered; Amount of C.O.D.; Date collected by DNHC; Date remitted to payee; Check number or other identification of remittance to payee.

 

275       CUSTOMS CLEARANCE (BORDER CLEARANCE) FEES, U.S./CANADA BORDER

For each shipment crossing the border between U.S. and Canada, a charge of $0.60 per 100 pounds, subject to a minimum charge of $15.00 and a maximum charge of $60.00 will accrue to the party responsible for payment of the freight charges.

 

276       CUSTOMS CLEARANCE (BORDER CLEARANCE) FEES, U.S./MEXICO BORDER

For each shipment crossing the border between U.S. and Mexico, a flat charge of $175.00 per shipment will accrue to the party responsible for payment of the freight charges.

 

280       CUSTOMS OR IN-BOND HANDLING FEE, U.S./CANADA BORDER

A charge of $2.00 per 100 pounds, subject to a minimum charge of $30.00 and a maximum charge of $175.00 will be assessed in addition to all other applicable charges for handling of IN-BOND freight or freight traveling under an “I.T.”.    This charge will accrue to the party responsible for payment of the freight charges.

 

            NOTE 1 – Freight moving In-Bond may not be included in the same shipment on the same Bill of Lading

with freight not moving In-Bond.

 

300       DELIVERY BY APPOINTMENT

When a Bill of Lading is tendered bearing any notation requesting DNHC to perform a specific appointed time of delivery, the charge for this service shall be $20.00 per shipment in addition to all other applicable charges.  Charges will accrue to the shipper on Prepaid shipments, and to the consignee on collect shipments.  This charge will also be assessed if there is no request for appointment delivery on the Bill of Lading, but the consignee has a known policy that delivery may be made only by appointment.

 

350       DETENTION CHARGES - VEHICLES WITH POWER UNITS

This item applies only when vehicles are delayed or detained at the premises of pickup or delivery and only when such delay or detention is not attributable to DNHC. Commencement for the computation of time shall begin when the driver, or a party for DNHC, has notified a responsible party for either the Shipper if detention occurs at pickup, or Consignee if detention occurs at delivery, of the arrival of the vehicle for loading or unloading, whichever is applicable.  Time shall end upon completion of loading or unloading.  A representative of the responsible party shall notate on the shipping document (either Bill of Lading or Delivery Receipt) the commencement and completion times.  If the responsible party refuses to note the required times, a party for DNHC may do so.  Such notation will be binding to both parties.

 

The detention charge will be $75.00 when the delay is 1 hour or less beyond the free time.  For each additional 15 minutes or fraction thereof, the charge will be $18.75.  Spotted trailers shall be allowed 12 free hours for the purpose of loading or unloading.  Detention charges shall begin after the expiration of the free time and shall be computed as follows:

 

            Actual Weight in Pounds Per Vehicle Stop                      Free Time In Minutes Per Vehicle           

 

            Less than 1,000                                                                                       20

            1,000 but less than 2,500                                                                         40

            2,501 but less than 5,000                                                                         60

            5,001 but less than 7,500                                                                         90

            7,501 but less than 10,000                                                                     120

            10,001 but less than 20,000                                                                    180

            20,001 but less than 28,000                                                                    240

            28,001 but less than 36,000                                                                    300

            36,001 but less than 44,000                                                                    360

            44,001 or more                                                                                      420

 

 

*When at least 90 percent of the shipment weight (exclusive of pallet weight) is loaded on pallets, free time shall be reduced by one-half.

 

When a vehicle with power is changed to a vehicle without power at the request of the shipper or consignee, the free time and detention charges will be applied as follows:

1.         If the change is requested and made before the expiration of free time for a vehicle with power, free time will cease immediately at the time the request is made, and detention charge for vehicles without power will immediately commence with no further free time allowed. 

2.         If the change is requested and made after the expiration of free time for a vehicle with power, free time and detention charges will be computed on the basis of a vehicle with power up to the time the change was requested.  In addition, the vehicle will immediately be charged detention for vehicles without power with no further free time allowed.

 

When a vehicle is both loaded and reloaded, each transaction will be treated independently of the other.

 

360       DETENTION - VEHICLES WITHOUT POWER UNITS

This item applies when DNHC’s vehicles without power units are delayed or detained on the premises of shipper, consignee or on other premises designated by them.  Such spotted vehicles will be allowed 24 consecutive hours of free time for loading or unloading.  Computation of time begins when the trailer is spotted at the site specifically designated by the shipper or consignee and ends when DNHC is notified that the vehicle is ready for pickup.

 

When any portion of the 24-hour free time extends into a Saturday, Sunday or holiday, the computation of time for such portion shall resume at 12:01am on the next day that is neither a Saturday, Sunday or holiday.  Free time shall not begin on a Saturday, Sunday or holiday, but at 8:00 am on the next day which is neither a Saturday, Sunday or holiday.

           

The detention charge per vehicle assessed after the expiration of free time as follows:    

           

            For each of the 1st and 2nd 24 hour periods or fraction thereof                  $  60.00

                        (Saturdays, Sundays and holidays excluded)

           

            For each of the 3rd and 4th 24 hour periods or fraction thereof                  $  80.00

                        (Saturdays, Sundays and holidays excluded)

 

            For the 5th and each succeeding 24 hour period or fraction thereof           $120.00

                        (Saturdays, Sundays and holidays included)

 

When a vehicle is both unloaded and reloaded, each transaction will be treated independently of the other.

 

400       DISTANCES

Mileage distances shall be computed from the point of loading to the point of unloading by the shortest allowable highway route and shall be ascertained by compilation of distances as shown in PC Miler program using most practical route.

 

Where the shipper, consignee or owner requests transportation of a shipment over a route longer than the shortest route, the mileage over the longer route shall be used to determine the charge.

           

In determination of mileage, fractions of a mile shall be increased to the next whole figure.

 

420       DOCUMENTS REQUESTED

When a request is made for copies of documents, including final delivery receipt and original Bill of Lading, a $5.00 charge will be assessed to the requesting party for each document.  There will not be a charge assessed for a document that is required for payment but not supplied at the time of original invoicing.

 

450       EXCLUSIVE USE OF VEHICLE

Upon request by a shipper, a truck will be furnished for the exclusive use of the shipper, based on DNHC’s availability of equipment and manpower, for the transportation of shipments, subject to LTL rates or ratings.  Request for Exclusive Use must be placed in writing on the Bill of Lading, and charges guaranteed by the party requesting the service, and Section 7 (non-recourse clause) may not be executed.

 

Charges will be computed at the legally published current rates and weights applicable to the shipment without reference to this Item, subject to a minimum charge computed at the class 100 10,000 pound line rate for 20,000 pounds.   Discounts published as part of any Pricing Agreement are not applicable.

 

470       EXTRA LABOR - LOADING OR UNLOADING

In the event the shipper or consignee requests extra labor, extra labor will be furnished by DNHC for loading or unloading.  At each location where extra labor is used, the charge will be as follows:

 

Service Provided During the Hours of                Rate Per Man/Per Hour (or Fraction Thereof)    Minimum Per Man

Monday thru Friday, 7:00am to 5:00pm                                       $40.00                                      $100.00

Saturday, Sunday, Holidays and Monday

            Thru Friday, 5:01pm to 6:59am                                       $75.00                                      $250.00

 

This provision does not obligate DNHC to furnish extra labor, if such labor is not available at the point of loading or unloading.  The party requesting the extra labor will be responsible for payment of the extra labor charges and any such request must be in writing or other acceptable form of communication.

 

472       EXTREME LENGTH ARTICLES

Shipments consisting in whole or in part of articles exceeding 16 feet in length (including packaging, such as pallets or crating) will be subject to an additional charge of $37.00 per shipment in addition to all other applicable rates and charges.  Shipments rated as Exclusive Use, Item 450, not subject to this item.

 

475       FUEL SURCHARGE

DNHC will apply a fuel surcharge as a percent of linehaul charges on freight invoices.  The percentage will be variable and based on the U.S. Department of Energy as published each Monday effective Tuesday morning for the balance of the week through the following Monday.   Should Monday be a holiday, the effective date will begin the day after the averages are published through the following Monday.   DNHC will apply the fuel surcharge based on the United States average to the extent;

a.     Shipments over 24 lineal feet will be considered volume movements subject to a 2% increase in fuel surcharge.

 

NOTE 1 - Fractions of less than one-half cent will be dropped; fractions of one-half cent or greater will be increased to the next whole cent.

NOTE 2 - The term “linehaul charges” referred to herein applies to all charges, net of any applicable discounts or increases, if any, other than accessorial charges.

NOTE 3 - The averages are those published by the U. S. Department of Energy, phone 202-586-6966 or as shown on the Internet at http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp.

 

 

When the D.O.E. U.S. National Average 

On-Highway Diesel Fuel Price Is:

The Fuel Surcharge

Will Be:

At Least

But Less Than

LTL %

.95

1.00

.05

1.00

1.05

1.0

1.05

1.10

1.5

1.10

1.15

2.0

1.15

1.20

2.5

1.20

1.25

3.0

1.25

1.30

3.5

1.30

1.35

4.0

1.35

1.40

4.5

1.40

1.45

5.0

1.45

1.50

5.5

1.50

1.55

6.0

1.55

1.60

6.5

1.60

1.65

7.0

1.65

1.70

7.5

1.70

1.75

8.0

1.75

1.80

8.5

1.80

1.85

9.0

1.85

1.90

9.5

1.90

1.95

10.0

 

When the Unites States Department of Energy National Average On-Highway Diesel Fuel Price exceeds the amounts shown, the fuel surcharge continues to increase by 0.5% for every additional five-cent increase in the National Average.                                      

 

480       HAZARDOUS MATERIALS

DNHC will accept shipments of Hazardous Materials in accordance with the transportation requirements of the US Department of Transportation and other governmental regulatory agencies subject to the following:

 

DNHC will assess an additional charge of $15.00 per Bill of Lading for each shipment consisting wholly or partially of any substance classified by the US Department of Transportation as a Hazardous Material.

 

No provision of this item will obligate DNHC to perform service beyond the scope of its operating authority or certificates in violation of any government regulation.

 

490       HYDRAULIC LIFT GATE

Where such service is required or requested and DNHC is in possession of the required equipment, the charge for hydraulic lift gate service will be $75.00 per shipment, which shall be in addition to all other applicable charges.

 

Where such service is required or requested and DNHC is not in possession of the required equipment, DNHC will contract with a local provider of such service and transfer the freight from or to this provider from or to DNHC’s own vehicle as is required.  The charge for this service will be the actual amount billed to DNHC by such local provider, plus a $10.00 charge for processing payment to the local provider.

 

Charges for these services shall accrue to the party for whom the service is performed, or guaranteed by the shipper.  DNHC will not be obligated to perform such service when suitably equipped vehicles are not available, or where a local provider of such service is not available.  Service will only be rendered at such locations as are safe and accessible the provider’s vehicle.

 

510       IMPRACTICAL OPERATION

In no case shall DNHC be required to perform pick-up or delivery service at any location from or to which it is impracticable to operate vehicles because of the condition of roads, streets, driveways, alleys or approaches thereto, inadequate loading or unloading facilities or due to any strike or riot.

 

530       INSIDE DELIVERY or PICKUP

When requested by shipper or consignee, and DNHC’s operating conditions permit, DNHC may move shipment(s) or portions of shipment(s) to or from positions beyond the immediately adjacent loading or unloading positions defined in Item 700.  Service will be provided to floors above or below the level accessible to DNHC’s vehicle only when elevator or escalator service is available and labor, when necessary to operate same, is provided without cost to DNHC.

           

Service provided under this Item will be assessed a charge of $3.50 per 100 pounds, subject to a minimum charge of $30.00.

 

The charges provided in this Item will be in addition to all other lawful charges and unless the Bill of Lading is specifically endorsed to show prepayment by the shipper of these charges, they will be collected from the consignee and paid on delivery or payment guaranteed to the satisfaction of DNHC.

 

540       LIABILITY LIMITATION

SECTION 1 - PUBLISHED PALLET, PIECE, COMMODITY AND VOLUME RATES

Shipments rated with either per pallet, per piece, commodity or volume rates published by DNHC will be subject to a claim liability limitation of $2.00 per pound.

 

SECTION 2 – CARGO LOSS OR DAMAGE

Articles tendered with a destination value in excess of $7.50 per pound, per package will move subject to a maximum liability of $7.50 per pound, per package.  The maximum liability of any one shipment will not exceed $100,000.  Articles inadvertently accepted with a destination value exceeding $7.50 per pound, per package, will be considered as released by the shipper at $7.50 per pound, per package.  In the event of loss of and/or damage to any shipment, DNHC’s liability will not exceed $7.50 per pound, per package, subject to maximum liability of $100,000 per shipment.  See NOTE 1 to this item with regard to definition of “package”.

 

SECTION 3 – USED OR REFURBISHED EQUIPMENT OR PARTS

Articles described in the NMFC as used equipment or parts (other than new) will be accepted for transportation subject to a maximum value not exceeding $0.50 per pound per package.  If any such articles are inadvertently accepted, it will be considered as being released at the lowest valuation provided.  Failure of the consignor to declare that a commodity is “used” or “refurbished” shall not alter this application.  See NOTE 1 to this item with regard to the definition of “package”.

 

SECTION 4 – FREIGHT OF ALL KINGS (FAK) PRICING

Shipments rated with a class exception rating or freight of all kinds (FAK) class exception published by DNHC will be subject to a limitation of carrier’s liability  to the (1) actual invoice value of the articles(s) lost, damaged or destroyed, (2) limited liability provisions of the Bill of Lading or (3) applicable limited liability provisions of the NMFC, whichever is less, subject to the maximums by exception class as shown below:

 

                          Class Exception                      Maximum Liability Per Pound,

                                 Rating                                   Per Package (NOTE 1)    .

                                   50                                                   $1.00

                                   55                                                   $2.00

                                   60                                                   $2.50

                                   65                                                   $4.00

                                   70                                                   $6.50

                                   77.5 and up                                     $7.50 

           

NOTE 1 - The term “package” as used in this item, means any primary shipping package authorized by the provisions of individual tariffs or classification items.  When a number of packages have been unitized, strapped or otherwise fastened together on pallets, platforms or skids, or have been overpacked in an additional complying package, DNHC’s maximum liability will be determined by separately multiplying the weight of each individual package lost or damaged “times” the specified level of liability and not on the basis of the weight of the total number of packages unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids, or overpacked in additional complying package.

 

NOTE 2 – DNHC’s maximum liability charge for the repair of damaged goods not to exceed $50.00 per hour.

 

550       LIABILITY - PUBLISHED TRANSIT TIMES

DNHC will make every effort to meet our published transit times for shipments tendered for transportation.  In those instances where the transportation of an individual shipment does not meet our published transit times, however, DNHC will not be liable to shipper, consignee or their agents for any and all direct or incidental damages or costs claimed to result from this failure to meet the published transit times.

 

570       LINEAR FOOT MINIMUM CHARGE

Except as otherwise provided, shipments which occupy at least 16 linear feet of vehicle space and more than one linear foot of vehicle floor space for each 350 pounds of shipment weight will be subject to a minimum charge based on the applicable class 77.5 rate multiplied by a calculated weight.  The calculated weight shall be determined by multiplying the linear feet of vehicle floor space occupied by the shipment by 350 pounds for each linear foot, or portion thereof, of vehicle floor space occupied by the shipment.

 

NOTE 1 - DNHC shall load as fully as conditions permit and in the least amount of linear feet possible, consistent with safety and precautions against damage and any loading or unloading or packing conditions requested by shipper on the Bill of Lading and observing all legal requirements of state and other regulatory bodies.  When loading is performed by the shipper (or shipper’s agent), the linear feet occupied will be determined by the manner in which the shipper loads the shipment.  DNHC may rearrange the shipment to comply with the aforementioned legal requirements.

 

NOTE 2 - Shipments subject to the provisions of this Item will not be subject to any otherwise applicable discounts.  The provisions of this item are not applicable in connection with shipments subject to TL rates, mileage rates, or EXCLUSIVE USE OF VEHICLE provisions.

 

575       MARKING, LABELING, OR TAGGING FREIGHT

At the request of the shipper, DNHC shall alter or change the markings, labels or tags on packages or pieces of freight, subject to the following provisions:

            1.         Shipment must be properly labeled and marked according to the provisions of NMFC 100. 

            2.         The charge for this service shall be $1.00 per package or piece, subject to a minimum charge of $30.00 per shipment.

 

580       MINIMUM CHARGE CUBIC CAPACITY & DENSITY

Any shipment which as tendered exceeds 250 cubic feet of carrier’s vehicle will be subject to a minimum charge based on 4 pounds per cubic foot, at the carrier’s current class 250 rate, subject to any applicable customer’s discount.

 

590       MIXED SHIPMENTS – LTL

On mixed shipments of LTL traffic moving on one Bill of Lading from one shipper to one consignee, the rate for each class will be the rate shown for that class applying to the total weight of the shipment.  When it is necessary to increase the weight to take advantage of the lower rates on the next weight breakdown, the weight deficit will be subject to the rate applicable to the lowest rated article.

 

610       NOTIFICATION PRIOR TO DELIVERY

When a Bill of Lading is tendered bearing any notation requesting DNHC to notify consignee prior to delivery by any means whatsoever, the charge for this service shall be $20.00 per shipment in addition to all other applicable charges.  Charges will accrue to the shipper on Prepaid shipments, and to the consignee on collect shipments.  The notification charge will also be assessed if there is no request for notification on the Bill of Lading, but the consignee has a known policy that they must be notified prior to delivery.

 

620        ABSOLUTE MINIMUM CHARGE

Unless otherwise shown in individual agreements, shipments subject to current DNHC rates and for which discount provisions are provided will be subject to the following absolute minimum charges;

                        $58.00  To/from all points served direct.

                        $68.00  Joint-line movements to/from AR, IL, IA, KS, MO, NE & OK

                        $98.00  Joint-line movements to/from AZ, CA, FL, ID, MT, NV, OR, UT, WA, WY

                        $78.00  Joint-line movement to all States not shown above.

 

630       OVERFLOW SHIPMENTS

When truckload freight is tendered in excess of the capacity that can be loaded in or on one vehicle, the following shall apply:

            1.         The shipment must be made from one point, by one shipper in one day, on one Bill of Lading, to one consignee, at one destination, except as provided in Item 880 (STOP-OFFS).

            2.         Bills of Lading shall show actual weight loaded on each vehicle.

            3.         Each vehicle, except vehicle carrying the excess, must be loaded as heavily as loading conditions will permit, to the loading capacity of the vehicle if practicable and each vehicle so loaded charged at actual or authorized estimated weight, subject to the established truckload minimum weight and at the truckload rate or rating applicable.

            4.         The excess of quantity that can be loaded in or on one vehicle shall be charged at actual or authorized estimated weight, and at the truckload rate or rating applicable to the entire shipment, except when the excess freight occupies the loading capacity of the vehicle, such excess freight shall be considered as an additional truckload and charged for as provided in paragraph 3 of this Item.

5.     The freight bill for each vehicle, whether for the excess of the full load must give reference to each separate vehicle used in transporting the shipment.

 

640       PER HOUR CHARGES

DNHC will apply charges based on time and not by weight or distance subject to the following;

1.             A rate of $75.00 per hour or $18.75 per quarter hour will apply subject to a $75.00 minimum.

2.             Per hour charges start from the time the employee departs the terminal and terminate upon his return.

3.             Per hour charges are not subject to fuel surcharge.

4.             When performing per hour charges, a Bill of Lading is required and the DNHC employee will notate the total hours.

 

700       PICK-UP AND DELIVERY SERVICE

Except as otherwise provided, rates in Tariffs governed by this Tariff include one pick-up and loading and one delivery and unloading or one tender for delivery of a shipment by DNHC at one site, subject to the following:

            1.         Freight tendered for loading or unloading shall be so situated by the shipper as to be directly accessible to the vehicle, or it shall be immediately adjacent to a parking space suitable for DNHC to place its vehicle for loading.

2.         Freight must be tendered for loading and unloading during the regularly scheduled business hours and business days of DNHC.

            3.         DNHC will furnish only one person per vehicle for loading or unloading except as provided in EXTRA LABOR.

4.         The shipper or consignee may elect to waive the loading or unloading of freight by DNHC as provided in this Item by performing at their own expense the loading or unloading of shipments on or from DNHC’s vehicle.

5.         Loading and unloading service does not include assembling, packaging, unpacking, dismantling or inspecting, sorting or segregating freight.

6.         Loading or unloading service does not include furnishing by DNHC or the use by DNHC’s employee of rigging or special loading or unloading equipment such as platform vehicle (other than hand trucks), winches, cranes, jacks, blocks or falls, chain falls or other special equipment used in hoisting, lowering, handling or placing freight in positions.  When such equipment is required in loading or unloading, the shipper or consignee, as the case may be, shall furnish it and the necessary labor to operate such equipment at their expense, and shall assume responsibility for safe loading or unloading.

            7.         Where shipper’s or consignee’s shipping or receiving facilities are not reasonably level with floor level of DNHC’s vehicle, or where on account of weight, dimensions, or physical characteristics of pieces or packages the shipment cannot be handled by one person, shipper or consignee must furnish adequate means by which the freight can be moved onto or off of DNHC’s vehicle.  In the absence thereof, rates in Tariffs governed by this Tariff will not include loading or unloading, except that DNHC’s employee will render assistance.

 

 

720       PICKUP OR DELIVERY SERVICE - BEFORE OR AFTER HOURS, SATURDAY, SUNDAY or HOLIDAY

When DNHC is requested by the shipper or consignee to provide pickup or delivery services before or after normal DNHC business hours, or on Saturdays, Sundays or holidays and DNHC has the equipment and personnel available to perform such services, the following provisions will apply:

1.         Normal business hours are defined as Monday through Friday, 7:00am to 6:00pm, excluding holidays.

2.         The following charges will apply in addition to all other applicable charges on shipments where service is provided when requested before or after normal business hours or on Saturdays: $75.00 per man per hour or fraction thereof subject to a minimum charge of $150.00.

3.         The following charges will apply in addition to all other applicable charges on shipments where service is provided when requested on Sundays or holidays: $100.00 per man per hour, subject to a minimum charge of $200.00 per vehicle used.

4.         Time shall be computed upon notification by DNHC’s employee to the responsible representative of the shipper or consignee that the vehicle or vehicles are available for loading or unloading at the premises of the shipper or consignee and shall end upon completion of loading or unloading and receipt by driver of signed Bill of Lading or receipt for delivery, as the case may be.

5.         The party requesting the service will be responsible for payment of charges accrued under this item and must be paid or guaranteed to the satisfaction of DNHC before such services are performed.

 

730       PICKUP OR DELIVERY SERVICE – CONVENTION CENTERS, EXHIBITIONS OR TRADE SHOWS

DNHC does NOT provide pickup or delivery service at Convention Centers, Exhibitions or Trade Shows.  Shipments originating from or consigned to such locations will be picked up or delivered by an Agent who specializes in providing service from or to such locations.  Applicable linehaul charges do NOT include pickup or delivery service at these locations. 

 

The party responsible for payment of the linehaul charges will also be responsible for payment of charges due the Agent.  Charges due the Agent may be paid by DNHC and then added to the DNHC freight bill or the Agent may bill the responsible party directly for their charges.

 

740       PREPAYMENT OF CHARGES

Freight and accessorial charges on shipments consigned to federal, state, county or local governmental bodies or agencies, including schools, must be PREPAID or guaranteed. 

 

Charges must be PREPAID on shipments consigned to or care of Amusement Parks, Fairs, Carnivals, Chautauquas, Exhibitions, Traveling Shows or Trade Shows, or to any consignee who’s delivery location is temporarily established.

 

750       PROHIBITED OR RESTRICTED ARTICLES

SECTION 1 – PROPERTY OF EXTRAORDINARY VALUE

The following property will not be accepted for shipment or as premiums accompanying other articles:

            -Bank bills                                 -Letters, with or without stamps                          -Precious stones

            - Currency                                 - Museum exhibits or articles of antiquity            - Revenue or Postage stamps

            - Deeds                                    - Notes                                                             - Drafts

            - Valuable paper of any kind      - Original works of art                                        - Jewelry

 

SECTION 2 - Freight Liable to Damage Other Freight or Equipment

DNHC is not obligated to receive freight liable to otherwise damage other freight or DNHC’s equipment.  Such freight may be accepted and receipted for “Subject To Delay For Suitable Equipment”, or may be refused for lack of suitable equipment.

 

SECTION 3 – FORBIDDEN FREIGHT

DNHC will not accept for transportation the following articles on either direct or joint-line traffic:

            - Automobiles

            - Carbon black

            - Explosives 1.1 and 1.2

            - Hazardous or Non-hazardous waste (any material that requires a waste manifest be accepted, signed or

                        moved with freight)

            - Household goods or personal effects, as described in NMFC Items 100200 and 100262.

            - Nitrocellulose

            - Poison Inh