1. Unless otherwise provided, when provisions of this tariff are in conflict with those published in individual contracts and/or tariffs such contracts and/or tariffs, to the extent of their application, will apply.
2. Reissued tariffs, items or parts of items will cancel previously issued tariffs, items or parts of items or publications referenced thereto.
3. Unless otherwise provided, when provisions of this tariff are in conflict with those published in the governing publications this tariff will apply.
4. When this tariff provides for the application of charges FFS will maintain records to verify the charges and so document on any billing or invoicing to the payer.
5. Unless otherwise provided, charges for services shown herein will be borne by the party requesting the service or guaranteed to the satisfaction of FFS before services will be provided.
6. Unless otherwise provided, charges for services shown herein will apply in addition to all other applicable charges.
7. Unless otherwise provided, the use of decking equipment is for FFS’s convenience and has no application to any rules contained herein.
8. Unless otherwise provided, requests for changes to a Bill of Lading must be in writing from the responsible party(s).
9. Driver’s signature on the Bill of Lading only acknowledges receipt of the freight, any special requests or valuation in excess of those found within this tariff must be agreed to by FFS management in advance of the shipment being picked up.
10. FFS reserves the right to reject a shipment when such shipment in their opinion would likely cause damage or delay to personnel, other goods being carried, or equipment.
11. Special attention should be given to FFS’s rights to collect monies owed to them for overdue undisputed freight invoices.
Liability Section
ITEM 503 Liability of FFS
FFS assumes no liability of deterioration of perishable products or on account of delays due to weather conditions and or conditions beyond FFS’s control.
ITEM 504 Acts of God
An Act of God is defined as an abnormal or unusual event which is strictly natural in origin with no human assistance or influence, including but not limited to tornadoes, earthquakes, floods, and other catastrophic events of nature.
ITEM 505 Exceptions from Liability
FFS shall not be liable for loss, damage, or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect, or inherent vice in the goods, the act or default of the consignor, owner or consignee authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
ITEM 506 Delay
CFFS is not bound to transport the goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch unless by agreement specifically endorsed by an authorized manager of FFS in writing prior to the pickup of the shipment.
Subject to reasonable requests, FFS agrees to accept, transport, and deliver with reasonable dispatch such merchandise as customer may tender to FFS for transportation. However, FFS shall not be responsible for any damages, direct, indirect or consequential, which are the result of delay in delivery.
ITEM 507 Stoppage in Transit
Where goods are stopped and held in transit at the request of the party entitled to do so, the goods are held at the risk of that party.
ITEM 508 Packaging Requirements & Used/Personal Goods
When the proper packaging as provided in the NMFC is not adhered to and shipment is inadvertently accepted, FFS’s liability shall be limited to 10 cents per pound regardless of the RVNX shown on the Bill of Lading. If no specific packaging is provided in the NMFC and the commodity is shipped in an unprotected state (i.e. an uncrated machine shipped loose or on a skid) FFS’s liability shall be limited to 10 cents per pound.
Accessorial Services Section
ITEM 521 Shipment Weight Verifications
At its sole discretion FFS may choose to reweigh shipments in its custody. If an error in weight is determined, FFS will correct the billed weight accordingly. The corrected weight will be used to assess proper freight charges.
When FFS is requested by the shipper to secure a certified public weight for any shipment, a $60.00 charge will apply.
ITEM 522 Storage
Freight held in FFSs possession by reason of an act or omission of the consignor, consignee, or owner, or for customs clearance or inspection, and through no fault of FFS, will be considered stored immediately and will be subject to the following provisions:
1. Storage charges on undelivered freight will begin at 7AM the first business day after notice of arrival was provided. No charges under this item will be made when actual tender of delivery is made within 24 hours after such notice of arrival has been given.
2. Freight stored in FFS’s possession will be assessed a charge of $5.00 per skid per 24 hour period.
Storage charges under this item will end when FFS is enabled to deliver or transport freight as a result of action by the consignee, consignor, owner, or customs official.
ITEM 523 Stop-Off Charges
Except as otherwise provided on shipments stopped to partially load or complete loading or for partial unloading, exclusive of initial pickup stop or final delivery stop, there will be a charge of $150.00 per stop in addition to agreed charges.
ITEM 524 Private Residences
When FFS is requested or required to make pick up or delivery at a private residence or other non-commercial location an additional charge of $50.00 will apply. This charge will include the initial notification to arrange delivery at the private residence.
Charges for this service will be added to the freight bill when service is requested by the consignor or will be collected from the party responsible for paying the freight charges.
ITEM 525 Limited Access Points
When a pickup or delivery occurs at a location with Limited Access, additional charges may apply.
Credit & Collection Charges Section
ITEM 539 Extension of Credit
FFS may extend credit to shipper in which case payment will be due upon receipt of the invoice.
Freight bills may be presented by mail. Unless otherwise agreed FFS will send invoices by mail.
When the mail service is so used, the time of mailing by FFS shall be deemed to be the time of presentation of the bills unless other terms are agreed to in a contract. In a case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. FFS and the shipper or consignee or designated payment agent may enter into a separate agreement for FFS to transmit invoices electronically via electronic data interchange.
When FFS transmits invoices via E.D.I. the date of receipt by the customer will be the date received by the designated systems.
Application for credit with FFS regarding payment of freight bills shall be in writing to the party requesting said credit and approved by an authorized representative of FFS.
FFS reserves the right to require prepayment of all charges or other satisfactory assurance of payment before accepting shipment or attempting delivery.
Upon request and for the shipper’s convenience FFS will invoice the shipper’s broker, bank, or other designated agent for freight charges. FFS reserves the right to bill and collect freight charges from the shipper on prepaid or the consignee on collect shipments in the event full payment of freight charges is not received pursuant to such third party billing instructions.