Terms & Conditions
Statement of Carriers Terms and Conditions for Carriage of Freight and Limit of Liability
|Special Service Freight Company of the Carolinas, Inc. and its agents (hereafter collectively “SSFC”), reserves the right to change the Terms and Conditions of Service (“TCoS”) at any time. By continuing to use our services after such changes, you agree to be bound by such changes. We recommend that you review this site periodically to ensure that you are aware of all changes.
In the event that any panel or other body finds any single provision of these TCoS to be invalid, unlawful or against public policy, such a finding shall not invalidate the rest of the TCoS, and the invalid portion of the Release shall be severed from the valid portion of the Release. In any such case, that severed provision shall then be replaced with the closest legally applicable facsimile of the SSFC intent in the TCoS.
In tendering any freight/shipment or associated task to SSFC or directly or indirectly to any of its agents, Shipper specifically agrees to the Terms and Conditions of Carriage as detailed below. No agent, employee, or representative of SSFC has the authority to alter, modify, or waive any provisions of the contract of carriage or of these terms and conditions.
|DIMENSIONAL WEIGHT & CHARGES
The locally published and applied dimensional weight factor will be applied if that measurement exceeds the actual gross weight. Measurements will be based on the greatest height times the greatest width times the greatest length dimension of the package, or where packages are tied together it shall be on the greatest dimension of the tied group of packages. The total cubic inch dimension of the shipment will be divided by the local DIM factor to determine the dimensional weight.
OVER LENGTH FREIGHT RULE
Any shipment containing a piece exceeding 12ft (144 inches) in length will be assessed a $75 ‘Over-length’ Fee, in addition to all other applicable charges. Any shipment containing a piece exceeding 20ft (240 inches) in length will be assessed a $125 ‘Over-length’ Fee, in addition to all other applicable charges.
Special Service reserves the right to defer transport of such freight until suitable space is available on its equipment.
VALID QUOTES, PRICING & EXPIRATION
A quote/pricing will only be valid if accompanied by a prior-issued quote number.
When accepting a quote and confirming the task, this number must be referenced back to the Station for the pricing to be confirmed and valid.
If you do not, or cannot, provide a quote number we will re-quote or, if not re-quoted then the pricing will be rated and billed at the published tariff rates listed at time of invoicing.
Unless stated otherwise in writing, all quotes are only valid with their number and all quotes expire after seven days.
A quote does not confirm availability until the quote is confirmed by customer and accepted as a firm commitment by dispatch.
TRANSFER LIMIT LIABILITY
SSFC strives for perfection, while keeping fees low, inclusive Transfers. In order to keep these Transfer Fees low, SSFC has a $250 maximum “Transfer liability limit” on all incidentals related to transfer mislabels/misrouting, omissions, missed drops or costs associated with correcting a ‘crossed-freight’ situation.
LABELING OF FREIGHT
All freight must be properly labeled with the current destination label. In the instance of consolidated shipments, each piece of the consolidation must be properly labeled so as to identify it as being a part of such consolidation. SSFC will not be responsible for delays or losses caused as a result of incorrectly labeled freight.
FREIGHT WAYBILL AND SHIPPING DOCUMENTS
The shipper shall prepare and present a non-negotiable waybill with each shipment tendered for transportation, and such waybill shall contain all particulars necessary for transportation of shipment. If the shipper fails to present such waybill, SSFC will prepare a non-negotiable waybill for transportation, subject to rules and regulations in effect on the date of acceptance of such shipment by SSFC and the shipper shall be bound by such waybill and shall be deemed to have received such notice(s) as contained herein.
The shipper shall be responsible for the correctness of the particulars and statements relating to the shipment which he inserts in the waybill and shall be liable for all losses, costs or damages suffered by SSFC, or any other person by reason of irregularity, incorrectness, or incompleteness of the said particulars and statements.
DELAYS IN TRANSIT
Special Service will not be responsible or liable for delays in transit.
DELAYS IN PICKING UP FREIGHT FROM LOCATIONS THAT CHARGE FOR STORAGE
If freight is consigned to SSFC for pick up from Third Parties and SSFC is unable to meet the commitment then SSFC will not be responsible or liable for any storage charged against the Shipper, Consignee or any other third Party when circumstances are outside our control, inclusive, but not limited to: less than 48hrs notice of pick-up need, excessive wait time at shipper, IT issues at SSFC or with a Third Party, unacknowledged and uncommitted agreement to make the pick-up, mechanical breakdowns, etc. In any event, inclusive the fault of SSFC, SSFC shall never be liable for any amount that may exceed 1% of the claiming party’s revenues paid to SSFC in that financial year.
STORAGE CHARGES FOR DELAYED PICK-UP FROM SSFC LOCATIONS
SSFC acts as a receiving Agent for inbound freight on behalf of other Shippers/Carriers. The SSFC commitment is limited to receiving and notifying the local consignee and we are not a storage facility for these local Agents or the initiating Shipper/Carrier. Freight that is consigned for pick-up to someone other than SSFC must be collected no later than Noon the day following notification that the freight is available for collection. Pick-up is an ‘all or nothing’ requirement, and local Agents may not ‘cherry-pick’ what they want and leave anything with SSFC on the basis of lack of room on the Agents vehicle, shortage in the consignment, damage to any part of the consignment or any other reason. Any issues the consignee Agent has with the freight must be taken up with the initiating Carrier/Shipper, it is not an SSFC responsibility.
All Freight not picked up by Noon of the following day will start accruing storage charges of the greater of $10.00 per piece or $2.50/cwt per day or part thereof (greater of Actual weight or 200 DIM) – chargeable to, and payable by, the initiating Shipper/Carrier.
VALUATION CHARGE/DECLARED VALUE
SSFC charges a fee for all Declared Values (DV) on shipments that are applicable to its handling.
DV is assessed at $0.75 cents per $100 DV, pro-rated. SSFC shall not be liable for any claim until all associated handling and transit costs and the charges for DV is fully paid to SSFC.
If that charge was not assessed, agreed to, or paid, then SSFC shall have no liability further than its Limit of Liability (detailed below).
The absence of any DV, or a “No Declared Value” (NDV) on the paperwork directed to SSFC shall excuse SSFC from anything exceeding its Limit of Liability (detailed below).
All DV’s deemed accepted by SSFC must be documented in writing by an SSFC at supervisory level, supported by a specific DV charge levied and paid.
Special Service will accept a written Waiver of DV on a shipment if it states that the DV only applies to other parties and specifically excludes SSFC.
HIGH VALUE SHIPMENTS
Shipments with a DV of between $1000.00 and $10,000.00 require written acknowledgement and acceptance from the Manager of the local SSFC office.
Shipments with a DV of between $10,000.01 and $50,000.00 require written acceptance by an SSFC Corporate Officer (Controller, General Manager or President).
At no time whatsoever, shall SSFC accept or be liable for a shipment with a DV of $50,000 or higher without the prior written consent of the President of SSFC.
These written acknowledgements, if provided, apply solely to that single shipment and do not carry over to subsequent similar moves.
Consolidated shipments bearing a DV must list on the face of the SSFC waybill, the individual shipper waybill for which declared valuation coverage is desired. In the absence of this information, the declared value stated will, for the purpose of determining claim liability, be divided by the total weight of the consolidated shipment to arrive at a dollars per pound valuation.
All shipments are accepted on an airport to airport basis, airport to door or door to door basis. Additional services requested are subject to additional charges. SSFC agrees to transport all commodities, unless otherwise excluded by tariff rules and provided:The transportation of such commodities that are not prohibited by law.
They are packed in a manner suitable for carriage.
They are not liable to endanger persons or property
Shipper certifies that insofar as any part of the consignment contains Dangerous Goods and/or Hazardous Materials, such part is properly classified and described by name, that Shipper has full regulatory authority to move such freight, and said shipment is in proper condition for carriage according to the applicable Dangerous Goods Regulations.
All shipments tendered to SSFC may, at SSFCs sole discretion, be opened and inspected but SSFC has no obligation to perform any inspection.
SHIPMENTS NOT ACCEPTABLE
The following articles will not be accepted for carriage by SSFC:
Any article or commodity classed as Explosive Class A, Explosive Class B, Poisonous Article Class A and Poisonous Article Class B as named in the Department of Transportation Hazardous Materials Regulations 49 CFR, parts 171-177.
Shipments requiring accompanying personnel.
Shipments which require SSFC to obtain a federal, state, or local license for their transportation.
Wearing apparel on hangers, unpackaged.
Gold, silver and similar precious metals.
Money, jewelry, negotiable paper and like valuables.
Shipments requiring special protection from origin to destination.
Hazardous waste in any form.Responsibility for the non-observance of the conditions relating to consignments which are not acceptable for carriage or are acceptable only under certain conditions rests upon the shipper and consignee of the shipment who will be liable to SSFC for any loss, damage or liability or penalties it may incur because of carriage of any such consignment. All shipments are subject to inspection by SSFC.
All charges are due and payable fifteen (15) days from date of invoice unless agreed in writing otherwise by either the SSFC Controller or President.In tendering shipments to, or requesting ancillary tasks by, SSFC, Shipper is confirming its familiarity and acceptance of SSFCs full tariff for the movement and handling of this shipment.Notwithstanding any shipper’s instructions to the contrary, shipper and consignee shall be jointly and severally liable for all costs and expenses related to the transportation of the shipment, including the inability of the designated Payor to pay the charges due.
In addition the shipper shall be liable for all costs caused by returning the shipment to the shipper or warehousing the shipment pending disposition should the shipment be undeliverable.SSFC shall have a lien on this shipment for all sums due and payable by Payor, whether for this shipment or for past sums due.LIMIT OF LIABILITY
It is implicit that all the conditions of carriage for any shipment handled by Special Service are governed by the SSFC’s general Standard Operating Procedures which are hereby specifically incorporated into this and any other relevant document and become a part of this carriage contract.Please note: We strongly discourage rugs/mattresses/kayaks and other loose freight that’s awkward to move and lacking packaging protection to be tendered to us for transport. If tendered, we reserve the right to turn down a damage claim if packaging is found to be insufficient.
SSFC shall not be liable for loss, damage, or delay caused by Acts of God, actions taken by public or regulatory authorities, strikes or other labor disputes, weather, mechanical failures, acts or omissions of Shipper or Consignee, inadequate packaging or concealed damage, or factors inherent to the nature of the freight.SSFC shall in no event ever be considered liable for any reason for any special incidental, consequential or economic damages. Nobody within SSFC shall have any right to waive this liability even should they make such a mistake in documentation accepted.Shipper hereby certifies that it is familiar with all the terms and conditions of the tariff which govern the transportation of this shipment and the said terms and conditions of this contract are hereby agreed to by the Shipper and accepted for itself and its assigns.
In the event SSFC is required to retain an attorney, or commence legal proceedings to enforce any portion of, or this entire contract, the Shipper and/or Consignee shall be liable for all cost and reasonable attorney fees.
Unless a declared value amount is shown and accepted by SSFC, or extra coverage for that amount is specifically requested and approved by SSFC ,and it is then evidenced by payment for the DV by the Shipper through the Declared Value Fee, the Carrier’s Limit of Liability shall be $.50 per pound up to a Maximum of $50.00 for loss or damage to the shipment’s contents.
All claims shall be subject to proof of value.
At no time shall SSFC be liable for anything exceeding its Limit of Liability unless evidenced in writing as follows:
Carriers Limited Liability applies to damaged or lost goods only and carrier is not responsible for any other costs resulting from any loss or damage.
AUTHORITY TO BIND THE COMPANY
Any and all shortages and/or apparent damage must be noted on the Bill of lading by the consignee or his agent at the time of delivery. Any damage must be photographed and documented prior to opening and/or moving the freight from within its first seen position within the vehicle and/or as dropped at consignee/shipper location while still under the control of Special Service. Any handling by consignee before damage is recorded, or after a clean sign-off has been given, will be considered the point at which consignee has taken full control of the freight and assumed all liability. Any collateral damage to property or premises must be recorded by consignee at time of delivery.
Notice of intent to file for damage or concealed damage must be filed within 5 days of carrier’s handling of that shipment in writing to the Carrier.
The actual claim, whether for loss, apparent damage or concealed damage must be filed in writing with the Carrier within 30 days after Carrier accepted shipment and must include:
The date of the shipment; the carriers Freight Bill number; the names and addresses of Shipper and Consignee and; a copy of the original invoice for the property allegedly lost or damaged.
Failure to file the claim within the limitation of time of 30 days will result in a decline of the claim.
Legal action to enforce a claim must be brought within 90 days after the claim has been denied.
No claims will be paid until transportation charges have been paid. Claims may not be deducted from transportation charges.
Where a tariff for a ‘declared value’ has been agreed and charged, such tariff shall be: Domestic freight tariff for ‘declared value’ is $0.75 cents per $100.00 in declared value to a maximum of $100,000.00, subject to limits of authorizations of acceptance of DV as detailed above.
International tariff for ‘declared value’ is by separate agreement, which if not in place prior to freight origination will invalidate any declared value on the Alert or on a subsequent claim.