Seward Motor Freight

» rules circular

Effective Date: January 1, 2004

PART I - SCOPE AND APPLICARTION

1.1 Purpose. This Rules Circular establishes terms and conditions applicable to transportation of property by Seward Motor Freight, Inc. A copy of this Rules Circular will be furnished by Carrier upon request.
1.2 Scope. Except as otherwise indicated, the terms and conditions set forth in this Rules Circular are applicable with respect to all transportation performed by Carrier in interstate commerce, in intrastate commerce and in foreign commerce.
1.3 Governing Publication. Where reference is made in any bill of lading, receipt or other Transit Document respecting a Shipment tendered to or transported by Carrier to "classifications", "tariffs", "lawfully filed tariffs", "the applicable motor carrier classification or tariff", "the classification or tariff which governs this shipment" or to other documents or publications of similar purpose and effect governing the transportation of a Shipment, such reference shall be deemed made exclusively to this Rules Circular.
1.1 Effective Date. This Rules Circular is effective January 1, 2004, and shall remain in effect until modified as hereinafter provided.
1.5 Supersedeas. This Rules Circular supersedes all prior documents, tariffs and other prior statements of terms and conditions applicable to transportation of property by Carrier. Except as otherwise expressly provided in this Rules Circular, the terms and conditions established herein govern, control and take precedence over any inconsistent or conflicting provision of any bill of lading, receipt or other Transit Document.
1.6 Modification. This Rules Circular can be modified only upon the express written consent of the President of Seward Motor Freight, Inc. Except in instances where this Rules Circular is subject to a Continuing Transportation Contract, Carrier reserves the right to modify this Rules Circular at any time without prior notice.
1.7 Continuing Transportation Contract. Notwithstanding any other provision of this Rules Circular, if a Continuing Transportation Contract which incorporates by reference the terms and conditions of this Rules Circular is in effect with respect to a Shipment within the scope of such Continuing Transportation Contract on the date such Shipment is accepted for transportation by Carrier, the provisions of such Continuing Transportation Contract shall govern, control and take precedence over any conflicting or inconsistent provision of this Rules Circular with respect to such Shipment.

PART II - DEFINITIONS AND RULES OF CONSTRUCTION

2.1 Definitions. As used in this Rules Circular, the words and phrases underlined below have the meaning set forth thereafter.
2.1.1 Carrier means Seward Motor Freight, Inc., Seward, Nebraska.
2.1.2 Continuing Transportation Contract means a written agreement between Carrier and another party to a Shipment made with respect to the transportation of a Series of Shipments.
2.1.3 Delivery means the service performed by Carrier or its agent in transporting freight to a dock, platform, doorway or receiving room directly accessible to highway vehicles of Carrier at a warehouse, factory, store or place of business.
2.1.4 Pickup means the service performed by Carrier in calling for and collecting freight from a platform, doorway or shipping room directly accessible to highway vehicles of Carrier at a warehouse, factory, store or place of business.
2.1.5 Series of Shipments has the meaning of that phrase as used in Section 6 of the Negotiated Rates Act of 1993, Pub.L. No. 103-180.
2.1.6 Shipment means a consignment of property offered to Carrier at one time for transportation on one vehicle, and may include Pickups at more than one origin and Deliveries at more than one destination.
2.1.7 Shipper includes (a) each person identified as a shipper in any Transit Document respecting a Shipment subject to this Rules Circular, (b) in the case of any Shipment subject to a Continuing Transportation Contract, the party identified as the Shipper in such Continuing Transportation Contract, and (c) unless the context clearly otherwise requires, the consignor, consignee and owner of a Shipment subject to this Rules Circular.
2.1.8 Transit Document means a bill of lading, shipping order, receipt, and any other such document prepared with respect to a particular Shipment, but does not include a Continuing Transportation Contract.
2.2 Rules of Construction. As used in this Rules Circular, unless the context clearly requires otherwise, words importing the singular include the plural, and vice versa, and words importing gender include all genders.
2.3 Section Headings. Section headings are included in this Rules Circular for convenience only, and do not affect the interpretation or construction of any of the provisions hereof.

PART III - GENERAL TERMS AND CONDITIONS

3.1 Warranty of Shipper. By tendering a Shipment to Carrier, Shipper warrants and represents to Carrier that the Shipment is properly classed, described, packaged, marked, labeled and in condition for shipment and is in compliance with all governmental requirements applicable to the transportation thereof.
3.2 Determination of Mileage. Where Carrier's rates are based on the number of miles a Shipment is transported, unless otherwise agreed in writing:
3.2.1 Mileage shall be determined using the PC*MILER program published by ALK Associates, Inc., Princeton, New Jersey, in effect on the date of shipment.
3.2.2 Where a Shipment has a single point of origin and a single point of destination, Carrier's mileage charges shall be based upon the total number of miles determined using such PC*MILER program over the shortest route from such point of origin to such point of destination.
3.2.3 Where a Shipment has more than one point of origin, more than one point of destination, or both more than one point of origin and more than one point of destination, Carrier's mileage charges shall be based upon the total number of miles determined using such PC*MILER program over the shortest route from the initial point of origin via all intermediate points of origin and destination to point of final destination.
3.2.4 Notwithstanding Subsections 3.2.2 and 3.2.3, where through no fault of Carrier a Shipment cannot be transported over the shortest route determined using such PC*MILER program or where a longer route is used at Shipper's request, Carrier's mileage charges shall be based upon the total number of miles determined using such PC*MILER program via the route actually used by Carrier.
3.2.5 In the event a Shipment is rejected or refused at destination and Shipper requests that the Shipment be returned to the initial point of origin, the mileage rate applicable with respect to the initial movement of the Shipment shall also apply to the return movement.
3.3 Pickup and Delivery. Unless otherwise agreed in writing, Carrier's mileage rates include Pickup at initial point of origin and Delivery at final point of destination.
3.3.1 Any additional Pickups and Deliveries shall be subject to stopping-in-transit charges provided in Section 3.4 of this Rules Circular.
3.3.2 Pickup and Delivery do not include the performance of removal from or delivery to basements or floors not directly accessible to highway vehicle of Carrier, nor do they include packing, unpacking, erecting, dismantling or inspection of property, and other similar services.
3.4 Stopping-in-Transit. Shipments may be stopped in-transit for partial loading, for partial unloading, or for both partial loading and partial unloading under the following conditions:
3.4.1 A Transit Document must be furnished to Carrier at or prior to the commencement of loading of the initial Pickup of the Shipment identifying each point at which the Shipment is to be stopped and the property to be loaded and/or unloaded at each such point.
3.4.2 The charge for each stop, exclusive of Pickup at initial origin and Delivery at final destination, will be $100 for the 1st stop and $200 for each additional stop.
3.5 Impractical Operations. Under no circumstances shall Carrier be obligated to perform Pickup, transportation or Delivery where conditions of roadways, streets, alleys or premises over which vehicles must operate are such that in Carrier's judgment it is impractical or unsafe to operate.
3.6 Limitation of Service. Carrier is not obligated to transport property for which it does not have suitable or sufficient equipment, nor to accept Shipments except as equipment is available.
3.7 Claims. Unless other required by law,
3.7.1 processing of claims for loss of, damage to or delay in the transportation of property accepted by Carrier shall be governed by the provisions of 49 C.F.R. Part 1005 in effect on the Effective Date of this Rules Circular, and
3.7.2 processing of claims for overcharges by and duplicate payments to Carrier shall be governed by provisions of 49 C.F.R. Part 1008 in effect on the Effective Date of this Rules Circular.
3.8 Payment of Charges. Unless satisfactory credit arrangements have been made, all transportation and other lawful charges shall be due and payable to Carrier before surrender and Delivery of property to the consignee or owner thereof.
3.8.1 Carrier's rates and charges are stated and payable in U.S. dollars and cents.
3.8.2 Where satisfactory credit arrangements have been made, all charges must be paid within 30 days following presentation of Carrier's freight bill.
3.8.3 In the event payment is not made within the credit period specified in Subsection and Carrier deems it necessary to employ the use of a collection agency and/or attorney in the collection of Carrier's charges, an amount equal to 25% of the outstanding charges or $200, whichever is greater, shall be assessed as liquidated damages in addition to otherwise applicable charges.
3.9 Loading and Unloading. Unless otherwise agreed in writing, all Shipments shall be loaded by consignor at points of origin and shall be unloaded by consignee at points of destination
3.9.1 Free time for loading and unloading shall be two (2) hours following scheduled time of arrival if an appointment for loading or unloading has been made or following actual time of arrival if no appointment has been made or if Carrier's vehicle has not arrived by the scheduled time of arrival.
3.9.2 When due to no disability, fault or negligence on the part of Carrier, Carrier's vehicle is detained beyond the free time specified in Subsection 3.9.1, a detention charge of $50 for every hour , or part of an hour, beyond the free time so specified that Carrier's vehicle is detained shall be assessed. If vehicle has to be held overnight at the Shipper or Receiver, a minimum of $300 will be charged for layover.
3.9.3 Where a Shipment is tendered to and accepted by Carrier subject to loading or unloading by Carrier, a charge of $ 50 per hour will be assessed for loading and unloading. If the services of a lumper is required, the lumper fee will be reimbursed 100% to the carrier with a verified lumper receipt.
3.10 Transportation of Pallets. Carrier will not return empty pallets to the Shipper without compensation therefor. Carrier's rates for the transportation of empty pallets shall be determined as provided in Part VI of this Rules Circular.
3.11 Tarping Charges. Shipments transported on flatbed-type trailers or in other-than-van-type trailers will be tarped by Carrier when requested to do so by Shipper or when in Carrier's judgment such tarping is necessary to protect cargo while in-transit, subject to a charge of $75.00 per vehicle so tarped.
3.12 Brokers. Carrier does not employ property brokers or other intermediaries as agents for the solicitation of Shipments or the collection of freight charges. Carrier will invoice the Shipper's broker, bank or other agent for freight charges, but Carrier reserves the right to bill and collect freight charges from the Shipper and consignee in the event full payment of freight charges is not received pursuant to third-party billing.
3.13 Electronic Data Interchange. Where a Shipment is subject to an Electronic Data Interchange Agreement (other than a Transit Document), the provisions of this Rules Circular shall be applicable to the extent not inconsistent with the terms of such Electronic Data Interchange Agreement.
3.14 Spotted Trailer Usage. Spotted trailers are to be used to unload and to preload property hauled by the Carrier only. Under no circumstances shall the Shipper or Consignee use the trailer for storage or to move other property to any other locations without the written permission of the Carrier.

PART IV - C.O.D. SHIPMENTS

4.1 Acceptance of Shipments. Carrier will not accept any Collect on Delivery (C.O.D.) shipments.

PART V - BILL OF LADING

5.1 Contract Terms and Conditions. Where reference is made in any bill of lading, receipt or other Transit Document respecting a Shipment tendered to or transported by Carrier to "the terms and conditions of the Uniform Domestic Straight Bill of Lading", such reference shall be deemed made exclusively to the "Contract Terms and Conditions" set forth in this Section 5.1 as follows:

Contract Terms and Conditions

Section 1. (a) Carrier shall be liable as at common law for any loss of or damage to the Property described in this bill of lading (hereinafter the "Property"), except as hereinafter provided.
Section 1. (b)
1. Carrier shall not be liable for any loss of or damage to the Property or for any delay caused by an Act of God, the public enemy, the authority of law, or the act or default of the Shipper or owner, or for natural shrinkage of the Property.
2. Carrier shall be liable solely as a warehouseman for loss, damage or delay with respect to Property in the possession of Carrier which occurs after placement of the Property for delivery at destination or tender of delivery of the Property to the party entitled to receive it has been made.
3. Except in the case of negligence of Carrier, Carrier shall not be liable for loss, damage or delay which results (a) when the Property is stopped and held in transit upon request of the Shipper, owner or party entitled to make such request; (b) from a defect or vice in the Property; (c) from riots or strikes; or (d) from highway obstruction, faulty or impassable highway, or lack of capacity of any highway, bridge or ferry. The burden to prove freedom from such negligence shall be that of Carrier.
Section 1. (c) In case of quarantine, the Property may be discharged by Carrier at the owner's risk and expense into a quarantine depot or elsewhere as required by quarantine regulations or authorities, or for Carrier's dispatch the Property may be discharged at the owner's risk and expense at the nearest available point in Carrier's judgment. Carrier's responsibility shall cease when the Property is so discharged, or the Property may be returned by Carrier at the owner's expense to the shipping point, earning freight both ways. All quarantine expenses of whatever nature or kind which are incurred with respect to the Property shall be borne by the owners of the Property or shall become a lien on the Property. Carrier shall not be liable for loss or damage caused by fumigation, disinfection or other acts required or done by quarantine regulations or authorities even though these acts may have been done by Carrier's officers, agents, or employees. Carrier shall not be liable for detention, loss, or damage of any kind occasioned by the quarantine or the enforcement of the quarantine. Carrier shall not be liable, except in the case of negligence, for any mistake or inaccuracy in any information furnished by Carrier, its agents or officers, as to quarantine laws or regulations. The Shipper shall indemnify Carrier for any expense incurred or damages Carrier may be required to pay as a result of introducing the Property into any place against the quarantine laws or regulations in effect at such place.
Section 2. (a)
1. Carrier is not obligated to transport the Property by any particular schedule or vehicle, or in time for any particular market, or in any manner other than with reasonable dispatch. Carrier shall have the right, in case of physical necessity, to forward the Property by any carrier or route between the point of origin and the point of destination.
2. In all cases not prohibited by law, where a lower value than the actual value of the Property has been stated in writing by the Shipper or has been agreed upon in writing as the released value of the Property for the purpose of securing the benefit of a rate based on value, such lower value plus freight charges if paid shall be the maximum recoverable amount for loss or damage, whether or not such loss or damage occurs from negligence.
Section 2. (b) As a condition precedent to recovery, claims must be filed in writing with Carrier within nine months after the delivery of the Property (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed. Suits for loss, damage, injury or delay shall be instituted against Carrier no later than two years and one day from the day when written notice is given by Carrier to the claimant that Carrier has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, Carrier shall not be liable and such claims will not be paid.
Section 2. (c) Carrier, at its option, shall have the full benefit of any insurance that may have been effected upon or on account of the Property, so far as this shall not avoid the policies or contracts of insurance; PROVIDED, that Carrier, upon receiving the benefit of such insurance, will reimburse the claimant for the premium paid on the insurance policy or contract.
Section 3. The Property shall be subject to necessary packaging and preparation for transportation at owner's cost. Grain in bulk consigned to a public or licensed elevator may be there delivered, and placed by the consignee with other grain of the same kind and grade without respect to ownership. If the grain in bulk is so delivered, it shall be subject to a lien for elevator charges in addition to all other applicable charges.
Section 4. (a) Property not accepted and received at the time tender of delivery of the Property to the party entitled to receive it has been made, may be kept in Carrier's vehicle or at Carrier's place of business, subject to Carrier's charge for storage and to Carrier's responsibility solely as warehouseman. Alternatively, at the option of Carrier, the Property may be removed to and stored in a public or licensed warehouse at the point of delivery or at another available point, or if no such warehouse is available at the point of delivery or at another available point, then the Property may be removed to and stored in another available storage facility, at the owner's cost and held there without liability on the part of the Carrier and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. In the event consignee cannot be found at the address given for delivery, then notice of the placing of the Property in storage shall be mailed to the address given on the bill of lading for delivery and to any other address given on the bill of lading for notification, showing the warehouse in which the Property has been placed subject to the provision of this paragraph.
Section 4. (b) Where non-perishable Property transported to the destination stated in the bill of lading is refused by consignee or the party entitled to receive it upon tender of delivery, Carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by Carrier; PROVIDED, that Carrier shall have first mailed, sent, or given to the consignor notice that the Property has been refused and that it will be subject to sale under the terms of the bill of lading if disposition is not arranged for, and that after 30 days have elapsed from the time said notice to the consignor was mailed, sent or given, Carrier shall also have published a notice containing a description of the Property, the name of the party to whom consigned (or if shipped order notify, the name of the party to be notified), and the time and place of sale, once a week for two consecutive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published.
Section 4. (c) Where perishable Property transported to the destination stated in this bill of lading is refused by consignee or party entitled to receive it, or said consignee or party entitled to receive the Property fails to receive it promptly, Carrier may, in its discretion, to prevent deterioration or further deterioration, sell the Property to the best advantage at private or public sale; PROVIDED, that if there is sufficient time to notify the consignor or owner of the refusal of the Property or the failure to receive it and to request for disposition of the Property, such notification shall be given, in such manner as the exercise of due diligence requires, before the Property is sold.
Section 4. (d) Where the procedure provided for in Sections 4 (b) and 4 (c) of this bill of lading is not possible, it is agreed that nothing in these paragraphs shall be construed to abridge the right of Carrier at its option to sell the Property under such circumstances and in such manner as may be authorized by law.
Section 4. (e) The proceeds of any sale made under this section shall be applied by Carrier: to the payment of freight, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, sale, and other necessary expense; and to the expense of caring for and maintaining the Property, if proper care of the Property requires special expense. Should there be a balance remaining after all charges and expenses are paid, such balance shall be paid to the owner of the Property sold hereunder.
Section 4. (f) Notwithstanding any other provision of Section 4 of this bill of lading, where Property is refused at destination Carrier may, at its option, proceed under the provisions of Article 7 of the Uniform Commercial Code or any other applicable State law providing for the enforcement and satisfaction of a carrier's lien.
Section 4. (g) Except in case of Carrier's negligence, the Property shall be at the owner's risk until loaded into and after unloaded from Carrier's vehicle and, if transported in trailers or semi trailers, until such trailers or semi-trailers are attached to and after they are detached from power units. Where Carrier is directed to unload or deliver Property at a location where consignee or consignor's agent is not regularly located, the risk after unloading, or delivery, shall be that of the owner.
Section 5. Carrier will not carry or be liable in any way for any documents, coin money, or for any articles of extraordinary value not specifically rated in Carrier's Rules Circular in effect on the date of shipment unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Section 6. Every party, whether principal or agent, who ships hazardous materials, without previous full written disclosure to Carrier of their nature in the manner specified by the Research and Special Programs Administration of the U. S. Department of Transportation, shall be liable for and indemnify Carrier against all loss or damage caused by such Property and against any penalty incurred by Carrier arising out of the failure to make such disclosure. Such Property may be warehoused at owner's risk and expense or destroyed without compensation.
Section 7. The owner or consignee shall pay the freight and all other lawful charges accruing on the Property; but, except in those instances where it may lawfully be authorized to do so, Carrier shall not deliver or relinquish possession at destination of the Property until all lawful rates and charges thereon have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading that Carrier shall not make delivery without requiring payment of such charges and Carrier, contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for such charges; PROVIDED, that a consignee shall not be liable for transportation charges (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the Property has been delivered to him subject to all of the following conditions: (a) the Shipper or consignor has instructed Carrier to deliver the Property to a consignee other than the Shipper or consignor; and (b) the consignee is an agent only and has no beneficial title in the Property; and (c) prior to delivery the consignee has notified Carrier in writing that he is only an agent and has no beneficial title in the Property; and (d) in cases where the Shipment has been reconsigned or diverted to a point other than that specified in the bill of lading, the consignee has also notified Carrier in writing of the name and address of the beneficial owner of the Property. Where the consignee is not liable for certain transportation charges in accordance with this provision and the preceding conditions, the Shipper or consignor, or, in the case of a Shipment so reconsigned or diverted as specified in condition (d), the beneficial owner shall be liable for such additional charges. PROVIDED FURTHER, that where the Shipment is designated "prepaid", the Shipper or consignor shall remain liable for undercharges which result from an erroneous determination of the transportation charge assessed. If the consignee has given to Carrier erroneous information as to who the beneficial owner is, such consignee shall himself be liable for such additional charges. Nothing herein shall limit the right of Carrier to require at time of shipment the prepayment or guarantee of the charges. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped.
Section 8. If this bill of lading is issued on the of the Shipper, or his agent, in exchange or in substitution for another bill of lading, the Shipper's signature on the prior bill of lading or in connection with the prior bill of lading as to the statement of value or otherwise, or as to the election of common law or bill of lading liability shall be considered a part of this bill of lading as fully as if the same were written on or made in connection with this bill of lading.
Section 9. Any alteration, addition or erasure in this bill of lading which is made without the special notation hereon of Carrier shall be without effect, and this bill of lading shall be enforceable according to its original tenor.
5.2 Nonissuance. In the event a bill of lading is not issued with respect to a Shipment, all references to a bill of lading in the "Contract Terms and Conditions" set forth in Section 5.1 shall be understood to refer to any Transit Document which serves or is intended to serve the purpose of a bill of lading respecting such Shipment.
5.3 Binding Effect. The "Contract Terms and Conditions" set forth in Section 5.1 shall be deemed a part of the contract of carriage for each Shipment tendered to or transported by Carrier. In the event any bill of lading, receipt or other Transit Document purports to establish terms and conditions of carriage which are contrary to or inconsistent with the "Contract Terms and Conditions" set forth in Section 5.1, the "Contract Terms and Conditions" of said Section 5.1 of this Rules Circular shall govern, control and take precedence over any contrary or inconsistent terms of any such bill of lading, receipt or other Transit Document and any such contrary or inconsistent terms shall be of no force or effect.

PART VI - RATES

6.1 Applicability. The rates set forth in Section 6.3 shall apply with respect to all Shipments transported by Carrier, except (a) Shipments transported subject to a Continuing Transportation Contract, and (b) Shipments with respect to which rates have been established in individual rate sheets in the manner provided in Section 6.2.
6.2 Negotiated Rates and Charges. Rates and charges applicable to any Shipment, other than a Shipment subject to a Continuing Transportation Contract, may be negotiated and established or amended in an individual rate sheet issued by Carrier and accepted by the Shipper of the Shipment as evidenced by their respective signatures thereon.
6.2.1 No such individual rate sheet shall be binding upon Carrier unless signed by Carrier's President, Marketing Director or other authorized personnel.
6.2.2 Any such individual rate sheet may be signed by the parties in counterparts and a facsimile or photocopy of any signature thereon shall be as effective as an original signature for purposes of this Rules Circular.
6.2.3 Rates and charges established or amended in any individual rate sheet shall become effective on the later of the date Shipper's acceptance thereof is communicated in writing or via facsimile to Carrier or such later effective date as may be stated therein, and shall remain in effect until amended as provided in this Section 6.2 or until canceled by Carrier upon three days written notice to Shipper.
6.2.4 If a charge is provided in this Rules Circular for a service for which no corresponding charge is provided in an individual rate sheet applicable to a Shipment, the charge so provided in this Rules Circular shall be applicable unless specifically excluded in such individual rate sheet.
6.2.5 In the event any written agreement to which Carrier is a party which purports to be a Continuing Transportation Contract is at any time determined to not qualify as a Continuing Transportation Contract, any rates and charges purportedly established pursuant to such written agreement shall thereupon be conclusively deemed to have been established pursuant to and in full compliance with the provisions of this Section 6.2, effective as of the originally agreed-upon effective date thereof.
6.3 General Rates. For Shipments where no other rate is applicable either under a Continuing Transportation Contract or in an individual rate sheet issued and accepted as provided in Section 6.2, the following mileage rates shall apply:

MILES	RATE PER MILE
0-200	250
250	190
300	185
350	180
400	175
450	170
500	165
600	160
700	155
800	150
1200	145
1600+	140

Rates shall apply on resued or rejected shipments. Shipments transported hereunder are subject to a minimum charge of $500.00.