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Law Office of Seaton & Husk, LP [online] Available: http://www.transportationlaw.net
All content Copyright © 2006 Law Office of Seaton & Husk, LP
Effective
Date: __________________
STATEMENT OF SERVICES PROVIDED
(OPERATIONS CIRCULAR #1)
1. __________________________
is a licensed for-hire carrier holding authority pursuant to MC-______.
2. Governing Publications
(a) __________________________=s Motor Freight
Rate Catalogue.
(b) __________________________=s Rules Tariff
_______.
(c) Uniform Straight Bill of Lading. Other shipping
documents executed by driver
as receipt for goods only.
(d) Mileage rates based on ______________________
(e) National Motor Freight Classification Rules
apply.
3. Insurance Information and Liability Limits
(a) PI and PD (personal injury and physical damage)
(i) $___________
per occurrence limit, BMC-91X on file
(ii) Insurer _________________________,
certificate of insurance available upon
request.
(b) Cargo Liability
(i) Carmack, subject
to $5.00 per pound per article ($200,000 truckload limit)
BMC-32 on file.
(ii) Insurer _________________________,
certificate of insurance available upon
request.
(iii) Carrier liability
for cargo over $_______ by special request.
4. Claims Processing and Statute of Limitation - General principles
of Federal commerce law apply. See Elmore v. Stahl, 377 U.S. 134; UBOL
and 49 C.F.R. '370. Claims must be filed within 9 months.
5. Spotting and Detention - Spotting for shipper's convenience
by special arrangement. Free time for pick-up and/or delivery two (2)
hours; detention thereafter $_____ per hour.
6. Pick-Ups, Deliveries, Appointments - Pick-ups and deliveries
made between 7:00 a.m. - 5:00 p.m., local time or by special arrangement.
Appointments made at no charge.
7. Payment of Freight Charges - Due _____ days from date of invoice
without offset; PODs provided upon request; finance charge is ____% per
month on delinquent accounts with collection charge of $_____ per shipment.
8. Pallets - Provided by special arrangement.
9. Stop-Off Service - $_____ per stop, excluding original pick-up
and final delivery.
10. Third Party Billing - Provided for shipper's/beneficial owner's
convenience with recourse.
11. Non-Back Solicitation of Intermediaries - As otherwise agreed.
12. Weight Limitations - 45,000 lbs. per truckload, or as otherwise
agreed.
13. Simplified Pricing - Unless otherwise indicated, all common
carrier shipments are rated as Freight All Kinds for named customers and
are subject to a maximum cargo liability of $_____ per pound or $_______
per truckload shipment whichever is less.
14. Alternative
Rates Available - Shipper may obtain rates for shipments with higher
release values from Carrier=s Director of Pricing by calling _____________.
Any such alternative rate shall be reflected by the insertion of the higher
release rate value and appropriate tariff item on the bill of lading at
time of pick-up.
15. Inadvertence Clause - If a shipper declares a value exceeding
$_____ per pound or $_______ per truckload without insertion of the corresponding
tariff item, the shipment will not be accepted, but if the shipment is
inadvertently accepted, it will be considered as being released to a value
of $_____ per pound or $_______ per truckload, whichever is less and the
shipment will move subject to such limitation of liability.
16. Remedies - Possessory lien rights apply to violation of credit
terms.
17. Fuel Surcharge - Rates will be increased by $0.01 per mile
for every $0.05 per gallon by which the weekly DOE prices exceeds a fuel
peg of $1.16 per gallon (see below).
|
DOE
Fuel
Index Range
|
Fuel
Surcharge
Cents per Mile
|
|
116
- 120
|
0
|
|
121
- 125
|
1
|
|
126
- 130
|
2
|
|
131
- 135
|
3
|
|
136
- 140
|
4
|
|
141
- 145
|
5
|
|
146
- 150
|
6
|
|
151
- 155
|
7
|
|
156
- 160
|
8
|
|
161
- 165
|
9
|
|
166
- 170
|
10
|
|
171
- 175
|
11
|
(a)
The U.S. average diesel fuel price issued by the DOE=s Energy Information
Administration,
National Energy Information Center (202) 586-6966 #1 each Monday
will be the weekly fuel cost used. If the fuel index is not issued on
Monday, the next
index issued will be used.
(b) The fuel surcharge will be calculated weekly.
(c) The fuel surcharge will be effective two days
after the diesel fuel price referred
to in (a) is issued by DOE. Example: For a fuel index issued on Monday,
the fuel surcharge will be effective the following Wednesday.
|