Statement of Carriers Terms and Conditions for Carriage of Freight and Limit of Liability
|SSFC reserves the right to change the Terms of Service 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 tendering any freight/shipment or associated task to Special Service Freight Company of the Carolinas, Inc., or directly or indirectly to any of its agents (hereafter collectively “SSFC”), 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
|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
LABELING OF FREIGHT
FREIGHT WAYBILL AND SHIPPING DOCUMENTS
DELAYS IN TRANSIT
VALUATION CHARGE/DECLARED VALUE
HIGH VALUE SHIPMENTS
The transportation of such commodities that are not prohibited by law.
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.
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.
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.
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.
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.
In the absence of a ‘declared value’ on the Alert directed at Special Service or noted by the Shipper at the time of pick up by the Carrier, the Carrier’s Limit of Liability shall be limited to $0.50 cents per pound up to a $50.00 maximum for loss or damage to the shipments content.
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.
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.
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.