NAL Rules Tariff

NAL governing rules and charges for special services and exceptions
Effective November 16, 2009
Revised August 4, 2010

Governing Rules

For the most current version of this or any other tariff, please visit our website www.nalww.com. In the event of a conflict between a printed tariff and the version posted on the website, the tariff's website version shall control.

NAL reserves the right to review and/or revise Schedule A pricing with a thirty days written notice.

Arbitraries

Alaska / Hawaii / Puerto Rico

Shipments from or to locations in Alaska, Hawaii, or Puerto Rico will always be given Spot Market Pricing based on the dimensions and weight of the freight; normal Domestic Schedule A rates will not apply.

Florida Keys

Shipments from or to locations in the Florida Keys (Zip Codes 33001, 33036-037, 33040-045, 33050-052, and 33070) will be subject to an additional pickup or delivery charge based on 35% of the regular rates or charges applicable between Zip Code prefix 330 and any other Zip Code prefix applicable to points and places in Florida. Additional pickup and/or delivery charge thus determined will be shown as a separate entry on the freight bill and will be considered as part of the linehaul charges.

Island of Martha's Vineyard and Nantucket, MA

Shipments from or to locations on the islands of Martha's Vineyard (Zip Codes 02535, 02539, 02552, 02557, 02568, 02573, 02575) or Nantucket, MA (Zip Codes 02554, 02564, 02584) will be subject to Spot Market Pricing; normal Schedule A rates will not apply.

Claims

  1. All claims for loss or damage must be filed in accordance with the requirements set forth in NMF 100 series tariff Item 300100 through 300155 and within nine (9) months of the date of delivery, or in the case of non-delivery, within nine (9) months after a reasonable time for delivery has elapsed. The period for bringing a civil action against Carrier will be two (2) years and one day from the date the Carrier gives a person written notice that the Carrier has disallowed any part of the claim specified in the notice. Claims must be filed in writing and state the amount of the claim, the date of the occurrence, the location of the loss being claimed, and the bill of lading number.
  2. Carrier shall not be liable unless claims are filed in accordance with paragraph 1 herein and such claims will not be paid.
  3. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of Carrier from the charges owed to Carrier unless authorized in writing by the Carrier.
  4. The filing of a claim in accordance with this Item is a prerequisite to the filing of a legal action against the Carrier. The failure to file a claim in accordance with this Item shall constitute an estoppel of any right to the filing of the lawsuit and said right shall be deemed waived and subject to a dismissal with prejudice.
  5. A claim for overcharge, unidentified, over collection, or duplicate payment shall not be paid unless filed in writing with NAL within 180 days of receipt of NAL's freight bill. Except as otherwise provided, claims will be handled in accordance with procedures governing the processing, investigation and disposition of such claims as found in NMFC series items 300201 through 300209.

Collect on Delivery Shipments

Collect on delivery (COD) shipments will be accepted subject to the following provisions and charges:

  1. The charges for collecting and remitting the amount of each COD bill to be collected on shipments consigned COD will be five percent (5%) of the COD amount, subject to a minimum COD fee of $57.00 per COD bill.
  2. Carrier will, upon written request from the shipper, change the status of a COD shipment (except as prohibited by Sec. 1 above) by increasing, reducing, or canceling the amount of the COD, subject to the following provisions:
    1. The request must be received by the delivering carrier in time to accomplish the change requested prior to effecting delivery of this shipment.
    2. A charge of $50.00 per shipment will be made for increasing, reducing, canceling or adding the COD amount.
  3. Carrier will, upon written authorization from shipper, change the form of payment of COD amounts to accept consignee's personal check when such form of payment was not originally authorized, subject to an additional charge of $50.00 per shipment. If request received after the shipment has been tendered for delivery and refused by consignee, the shipment will also be assessed the applicable redelivery charge as provided in carrier's tariffs, in addition to the charge for changing the form of acceptable payment. Shipper must guarantee payment of the charge for changing the form of payment and the redelivery charge if any.

Consequential Damage Disclaimer

NAL will not be liable for:

  1. Any special, incidental, or consequential damages (including damages resulting from loss, damage or delay to shipment).
  2. Commercial loss of any kind (including damage to business reputation or loss of business or profits)
  3. Loss, damage, or expenses directly or indirectly arising from the provisions of NAL services including failure to make a timely delivery, short delivery, or non-delivery by the Carrier, whether or not Carrier has been advised of the possibility of such damage or loss.

Cubic Capacity and Density

  1. Cubic capacity / density rules apply when a shipment occupies more than 750 cubic feet of a trailer as tendered for shipment and its density, as tendered, is less than ten (10) pounds per cubic foot; these volume shipments will be subject to Spot Market Pricing.
  2. The cubic capacity/density charge is based upon the cubic feet of the shipment and not its trailer occupancy. However, a vertical dimension of eight feet is used to calculate cube for units that cannot be top-loaded with like freight or which cannot be top-loaded due to instructions from the Shipper. Likewise a horizontal dimension of eight (8) feet is used to calculate cube when no two like pieces can be loaded side by side in the trailer.
  3. Cubic Capacity and Density rates do not apply to Truckload shipments.
  4. Multiple shipments tendered on the same day from the same shipper destined to the same Consignee will be considered a single shipment for application of the provisions of this item.

Customs Inspection Delay

On cross-border shipments between Canada and the United States where Customs performs a physical inspection of a shipment, through no fault of Carrier, and such inspection delays Carrier, a charge of $75.00 per shipment inspected will apply.

Default Classification

In the event a shipment is inadvertently accepted for which an NMFC item number is not provided or one cannot be established using the description on the bill of lading, the $21 corrected bill of lading charge will apply and a default class of 125 shall be used to rate this shipment. Upon satisfactory proof of the actual class, an adjustment may be made.

Definitions

  1. BUSINESS DAY OR BUSINESS HOURS: Except as otherwise provided in individual items of this tariff, the terms "business day" or "business hours" means that time (8 AM to 5 PM) during which operations are generally conducted by the carrier at the point where the service is performed. The terms "business day" or "business hours" will not include Saturdays, Sundays or Holidays as defined in this item.
  2. LEGAL HOLIDAYS:
    U.S. Holidays: Canadian Holidays:
    New Years Day New Years Day
    Memorial Day Victoria Day
    Independence Day Dominion Day
    Labor Day Labor Day
    Thanksgiving Day Civic Holiday (all Provinces except QC)
    Day After Thanksgiving Good Friday
    Christmas Eve St. Jean-Baptiste Day (QC only)
    Christmas Day Thanksgiving Day
      Christmas Eve
      Christmas Day
      Boxing Day
  3. SPOT MARKET PRICING: Spot Market Pricing is a unique rate offered by NAL to a customer for a specific shipment.

Detention

  1. When Consignor/Consignee delays Carrier's equipment for loading or unloading on or near the premises of Consignor/Consignee, detention charges will begin upon expiration of the applicable free time allowed, and will end when the equipment is available for movement.
  2. Free time will begin when Carrier notifies Consignor/Consignee that the equipment is available for loading or unloading.
  3. The following Detention charges are applicable:
    1. Detention With Power (LTL):
      1. $30.00 per Trailer or Vehicle for each 15 minutes or fraction thereof, subject to a minimum charge of $45.00.
      2. Free time will be determined as follows:
        Weight Free Time per Stop
        Less than 1,000 lbs 15 minutes
        1,000 through 4,999 lbs 30 minutes
        5,000 through 9,999 lbs 40 minutes
        10,000 or more lbs 60 minutes
        * Non-working periods, such as meal, coffee, or rest breaks, not exceeding one hour, will be excluded from the computation of free time.
      3. Detention With Power will also apply when Carrier assists in loading, unloading, counting, or checking the freight.
    2. Detention Without Power (LTL):
      1. $90.00 per Trailer for each 24-hour period or fraction thereof, excluding non-Business Days.
      2. Free time will be 24 hours, excluding non-Business Days.
      3. Carrier responsibility for shipments will begin when Carrier takes possession, custody, and control of shipments, and will end when Carrier spots equipment pursuant to Consignor or Consignee's request.
    3. TL Detention:
      1. Free time for loading / unloading will be 2 hours. Any loading / unloading exceeding the allowed time shall incur a charge of $60 per hour.
      2. Weekend layovers shall in cur charges of $250 per day.

Excessive Value/Liability Charge

Excess liability coverage is available for articles of extraordinary value – please call NAL for rules, provisions, and a Spot Market Pricing Quote if interested in purchasing additional insurance.

Exclusive Use

Spot Market Pricing will apply for anyone requiring segregation of their freight from the freight of other shippers.
Exhibition / Convention Sites Pickup or Delivery

Any shipment originating at or destined to an exhibition / convention sites must be called in to NAL and will receive Spot Market Pricing; normal Schedule A rates will not apply.

Extra Labor

When requested by the shipper or consigner, extra labor will be furnished by the carrier for loading or unloading. At each location where extra labor is used, the charge during normal business days and normal business hours therefore will be as follows: $65.00 per person per hour or fraction thereof, subject to a minimum charge per person of $150.00. Time shall be computed from the time the extra labor arrives at the place of pickup or delivery until loading or unloading is completed.

Extreme Length Shipments

Shipments containing one or more articles with dimensions that equal or exceed 12 feet in length shall be subject to a charge of $35.00 per foot for each foot over 12 feet total in length. This is in addition to all other applicable rates and charges. This item will not apply on shipments subject to Exclusive Use, Capacity Load, or Truckload rated shipments.

Guaranteed Service

This service provides a guarantee that the carrier will deliver the shipment complete by a specified time within the "standard" number of days established for transit time between the origin and destination points listed on the bill of lading. The "standard" transit time will be given to all applicable parties on the day the shipment is tendered. The shipment must be ready for pickup no later than 5 pm on the day of the shipment. Should the carrier not tender or make the entire shipment available for delivery within the standard transit time, all linehaul charges will be cancelled. Please call NAL for a Spot Market Pricing Quote for this service; normal Schedule A rates will not apply.

Hazardous and Radioactive Materials

Shipments of hazardous materials may be accepted for transportation in accordance with the transportation Requirements of the US Department of Transportation, subject to the following provisions:

  1. Hazardous Materials shipments must be tendered on Uniform Straight Bill of Lading forms as shown in NMF 100 series.
  2. Fines and/or penalties will be billed to the Shipper, who will reimburse Carrier for all losses incurred when such are imposed on the Carrier as a result of the Shipper's failure to comply with D.O.T. requirements and/or provide:
    1. Proper packaging and labeling
    2. 24-hour emergency phone number
    3. Proper shipping name
    4. Hazard Class
    5. Identification number
    6. Packing group-where required
    7. Total quantity
    8. Shipper's Certification or any other certification requirements as specified in 49 CFR series
  3. Hazardous Materials in the categories listed below are embargoed from transportation:
    1. A. Explosives (Division 1.1, 1.2, 1.3)
    2. All Radioactive Materials (Class 7)
    3. Hazardous waste
    4. Poison / Toxic Inhalation Hazard Zone A
    5. Etiologic Agents/Infectious Substances (Division 6.2)
  4. As used herein, Hazardous Materials means articles described in 49 CFR. When service is provided by Carrier to transport materials defined under 49 CFR, an additional charge of $30.00 per shipment will be assessed to each shipment. When a shipment is accorded split delivery or stopping in transit for partial loading or unloading these charges will apply to each stop separately, wherever the service is performed.
  5. Any notation on the bill of lading which in any way limits or denies carrier access to the vehicle in which the shipment is loaded, shall be deemed by the carrier to require Exclusive Use of Vehicle services and will be given a spot market rate.
  6. Carrier reserves the right to deal in any way it deems proper without prior notice to Consignor / Consignee or Shipper, with any Hazardous Material that it reasonably suspects may become a danger to any other goods stored by Carrier, or freight in transit or to be moved in transit, or may become a danger to Carrier's property, its employees, its servants or agents, or to third parties.
  7. Except for Carrier's negligent acts or omissions resulting in loss, damage, or injury, Carrier shall have no liability for loss, damages, delay, or injury, including attorneys' fees and costs, caused by or arising out of the transit or storage of any Hazardous Material, whether declared or undeclared. Shipper shall indemnify and hold harmless Carrier against all loss, damages, delay or injury, including attorneys' fees and costs, caused by or arising out of the transit or storage of any Hazardous Material, whether declared or undeclared.
  8. Except for Carrier's negligent acts or omissions resulting in loss, damage, or injury, Carrier reserves the right to collect from the Shipper the costs of cleanup, damage claims paid, and injury claims paid, caused by or arising out of the transit or storage of any cargo.

High Cost Service Area Surcharge

Shipments delivered to any zip code referenced below will, in addition to all other applicable charges, be assessed a charge of $50.00 per shipment, or $5.00 CWT, whichever produces the greater amount, subject to a maximum charge of $250.00.

All of British Columbia

Chicago Loop Area
All Postal zip codes with the following 5-digit zip codes: 60601-60607, 60610-60611, 60654, 60661, 60664, 60670, and 60680-60681.

Greater Houston Area
All Postal zip codes with the 3-digit prefix of 770-772.

Greater LA/Hollywood Area
All Postal zip codes with the 3-digit prefix of 900.

Greater Metro Washington, DC
All Postal zip codes with the 3-digit prefix of 200, 202-204, and 205.

Greater NYC and adjacent NJ Area
All Postal zip codes with the 3-digit prefix of 100-108, 110-119, 070-073, and 076.

Greater Seattle/Tacoma, WA Area
All Postal zip codes with the 3-digit prefix of 980, 981, 983, and 984.

Michigan – Upper Peninsula
All Postal zip codes with the 3-digit prefix of 498-499.

Northern Virginia
All Postal zip codes with the following 5-digit zip codes: 20108-20113, 20120, 20121, 20124, 20151, 20164, 20165, 20167, 20170-20172, 20190-20194, 22003, 22015, 22027, 22030-22033, 22035, 22038-22046, 22060, 22066, 22079, 22081, 22101-22103, 22124, 22151-22153, 22156, 22180-22182, 22191-22193, 22201-22210, 22213-22219, 22301-22332

Points on the San Francisco Peninsula
All Postal zip codes with the 3-digit prefix of 941.

Homeland Security Fee

A Homeland Security Fee of $20.00 (U.S. Dollars) per shipment will apply on ALL shipments moving across the Canada / U.S. border (both northbound and southbound).

Impractical Operations

Pickup or delivery service may not be performed by Carrier at any site from or to which it is impractical to operate vehicles because of:

  1. The conditions of roads, streets, driveways, alleys or approaches thereto.
  2. Inadequate loading or unloading facilities.
  3. Riots, strikes, acts of God, the public enemy, the authority of the law, the existence of violence, or such possible disturbances as tending to create reasonable apprehension of danger to persons or property.
  4. Ferries.

In Bond Freight—United States

  1. Shipments moving under United States Customs Bond for U. S. Customs Clearance at a point in the United States or delivery by carrier are required to be made under U. S. Customs Supervision. Such shipments will be assessed a charge of $3.00 per CWT subject to a minimum charge of $104.00 and a maximum charge of $261.00 per shipment or per vehicle, if more than one vehicle is required to transport the shipment (Subject to Note 1). Such charges shall be in addition to all other applicable charges.
  2. Line haul rates on shipments requiring U. S. Customs Clearance at a point other than the final destination will be assessed on the basis of rates and charges applicable from point of origin to the point of U. S. Customs Clearance, plus the rates and charges applicable from the point of U. S. Customs Clearance to the final destination except no beyond line haul rates will apply when the final destination is located within the commercial zone of the point of U. S. Customs Clearance and is subject to the same line haul rate as the point of U. S. Customs Clearance.
  3. Shipments waiting for U. S. Customs Clearance will be subject to applicable detention charges or storage charges.
  4. Each I. T. Permit (Immediate Transportation Permit) issued for movement of an in bond shipment will be considered as a separate shipment, and must be accompanied by one bill of lading and shipping order. The provisions of this paragraph will not apply to truckload shipments moving in bond between steamship company piers or wharves or when such shipments are delivered to a U. S. Customs Bonded Warehouse.
  5. Shipments tendered in a vehicle sealed by or at the instructions of the shipper, or as required by competent authority, will be rated as follows:
                 30,000 pounds at the Class 100 scale 30M rate per 28 foot trailer
    On shipments cleared en route by U. S. Customs, and movement beyond such clearance does not require a seal, normal rates and charges shall apply to the beyond point.
  6. Shipments moving from the United States under a TIR Carnet issued by the originating carrier are subject to a charge of $159.00 which will be in addition to all other lawfully applicable rates and charges (including the in bond charges herein applicable).
  7. When necessary for carriers to purchase and apply "High Security Red In-Bond Seals" for shipments moving under United States Customs Bond, a charge of $61.00 per seal will be assessed. Carrier will not be responsible for equipment or tools necessary for removal of High Security Red In-Bond Seals.
  8. When carrier is required to pick up shipping documents or Customs Release Forms for forwarder or broker for validation prior to pickup of a shipment, a charge of $68.00 per shipment will apply.

Inside Pickup or Delivery

When requested by shipper or consignee, and carrier's operating conditions permit, the carrier may move shipments or portions of shipments from or to positions beyond the immediately adjacent loading or unloading positions. Service under this Item will be provided to floors above or below the level accessible to Carrier's vehicle only when elevator or escalator service is available. You must call NAL for a Spot Market quote if an Inside Pickup or Delivery with stairs is needed. General service under this item will be assessed a charge of:

  1. $13.30 per CWT, subject to a minimum charge of $66.50 and a maximum charge per vehicle of $700.00 for the following locations:
    1. New York City Boroughs (three-digit ZIP codes 100 – 104, 110 – 112, and 114)
    2. Washington D.C. downtown (three-digit ZIP codes 200 – 205)
    3. Chicago downtown (ZIP codes 60601 – 60606)
    4. San Francisco (ZIP codes 94102 – 94105, 94107 – 94118, 94123, 94130 – 94133)
    5. Los Angeles (ZIP codes 90004 – 90036, 90048, 90057, 90064, 90210 – 90212).
  2. $6.50 per CWT, subject to a minimum charge of $50.00 and a maximum charge per vehicle of $700.00 for all other ZIP codes not listed above.

Inspection of Freight

All shipments are subject to inspection by the carrier or governmental agencies at any time for any reason, including but not limited to, confirmation that the shipment contains the items described on the bill of lading, that the shipment does not violate applicable laws, rules, regulations or tariff provisions, or for any other reason determined as necessary in our sole discretion. However, carrier is not obligated to perform any such inspection and does not promise that acceptance of your shipment is proof of your compliance with any such applicable provisions. By tendering the shipment to carrier, shipper, consignee and any interested third party consent to such inspections and agree that carrier will not be held liable for any loss, damage, action or event arising out of such inspection, except to the extent that carrier is grossly negligent in performing the inspection.

Liftgate Service

Where carrier is required or requested to employ hydraulic lifting or lowering devices to accomplish pickup or delivery of the goods to or from carrier's vehicle, an additional charge of $4.70 per CWT, subject to a minimum charge of $89.00 will be assessed upon the actual weight of the shipment or shipments for which such service is rendered, at one time. Carrier is not obligated to perform such service when suitable vehicles equipped with such devices and operators are not available. Service will only be rendered at such locations as are safe and accessible to the vehicle.

Limitation of Liability

NAL's obligation to perform transportation services shall be excused and NAL shall not be liable for any loss or damage to a shipment or for any delay caused by an act of God, the public enemy, the authority of law, the inherent vice of the goods, terrorism, the act or default of Shipper, or any act beyond Carrier's reasonable control.

Except as otherwise provided herein, carrier's maximum liability for goods lost or damaged in transit shall be limited to the actual value of the goods, not to exceed the maximum value per pound as outlined herein. The maximum value per pound shall be determined by the actual class of the articles tendered for transportation, as published in the NMFC 100 series, or at the agreed exception (FAK) class, whichever is less, and will apply to the weight of the lost or damaged articles.

Note: Any claims value under $50.00 will not be honored or processed.

Class Exception
*Maximum Liability
Class Exception
*Maximum Liability
50
$1.00
70
$6.50
55
$2.00
77.5
$8.50
60
$2.50
85
$13.00
65
$4.00
92.5 and up
$15.00
For class exceptions 110 and greater, the maximum liability is $25.00 per pound per shipment.
*Maximum liability per pound per individual lost or damaged piece within the shipment.

Liability for Shipments Using Spot Quotes: Liability for shipments moving under special Spot Quote pricing will be limited to $1.00 per pound.

Liability for Shipments Originating Within the US: Unless the Shipper declares excess value on the Bill of Lading, requests excess liability coverage and pays an additional charge, Carrier's maximum liability is $15.00 per pound per individual lost or damaged piece within the shipment, subject to $100,000.00 maximum total liability per shipment, and provided further that Carrier's liability on articles other than new articles, such as including but not limited to used, remanufactured or refurbished articles, shall not exceed ($.10) ten cents per pound per individual lost or damaged piece within the shipment.

Liability for Shipments Originating Within Canada: Unless the Shipper agrees to a Special Agreement, declares the value on the Bill of Lading and agrees to pay the excess liability charge, Carrier's maximum liability is CAN $2.00 per pound per individual lost or damaged piece within the shipment, subject to a maximum total liability per shipment of CAN $20,000.00 and provided further that Carrier's liability on articles other than new articles, such as including but not limited to used, remanufactured or refurbished articles, shall not exceed ($.10) ten cents (CAN) per pound per individual lost or damaged piece within the shipment. Carrier's liability on household goods and personal effects also shall not exceed ($.10) ten cents (CAN) per pound per individual lost or damaged piece within the shipment.

Limited Access / Non-Commercial, Pickups & Deliveries

  1. When Carrier makes a pickup or delivery at a non-commercial or limited access location, the following charges will apply:
    1. $8.00 per CWT, subject to a minimum charge of $80.00 and a maximum charge of $350 per shipment.
  2. The term "Non-Commercial" means:
    1. Private residences, apartment complexes, schools (other than the general receiving docks at colleges and universities), churches, camps, dormitories, and other locations that differ from locations such as businesses, warehouses, and other commercial locations.
    2. Businesses located at a private residence, farm, or ranch that is not open to the walk-in public during normal Business Hours.
  3. The term "Limited Access Location" includes, but is not limited to, the following: individual (mini) storage units, construction sites, fairs or carnivals, government sites, prisons, military locations, mine sites, utility sites, and remote (non-zip code) locations.
  4. Pickup and delivery service to non-commercial or limited access locations will be made to ground-level door or garage opening closest to the location accessible to the Carrier's vehicle.
  5. Carrier's pickup or delivery service does not include packing, unpacking, dismantling, assembling, set up, and/or removal and disposal of packaging materials.

Loading/Unloading by Carrier

  1. LOADING BY CARRIER: Freight tendered for loading shall be so situated by the shipper as to be directly accessible to the vehicle or it shall be immediately adjacent to a parking space suitable for carrier to place its vehicle for loading. Loading includes stowing and counting of the freight in or on the carrier's vehicle. Carrier will furnish only one employee per vehicle for loading, be it the driver, helper or any other carrier employee or its designated agent.
  2. UNLOADING BY CARRIER: Freight will be unloaded at the delivery site immediately adjacent to the delivery vehicle. Unloading includes the counting and removal of the freight from the position in which it is transported in or on the carrier's vehicle. Carrier will furnish only one employee per vehicle for unloading, be it the driver, helper or any other carrier employee or its designated agent.

LTL Provisions

LTL shall mean all shipments subject to LTL ratings in the NMFC Series 100, Supplements thereto or reissues thereof, weighing less than 19,999 pounds. Shipments weighing between 10,000 and 19,999 shall be rated at the 10,000 pound LTL rate level less any applicable discount unless a Spot Quote has been given.

Marking / Tagging

Carrier will, at the request of the shipper or consignee, change or alter according to instructions, the markings or tags on any packages or pieces of freight subject to a charge of $3.00 per package or piece of freight on which the marking or tag is changed or altered, subject to a minimum charge of $50.00 per shipment.

Notification Prior to Delivery

When a Bill of Lading is tendered bearing any notation requesting carrier to notify consignee prior to delivery by any means whatsoever, the charge for this service shall be $15.00.

Pickup and Delivery

Unless otherwise indicated, rates include one pickup/loading and one delivery/unloading or one tender for delivery of a shipment at one site by the carrier during business hours.

Port Charges

  1. Rates and charges do not include tollage, wharfage, usage, loading or unloading charges, or any other port terminal charges at piers, wharfs, dockside terminals, or warehouses.
  2. Pickup or delivery service for any shipment at US coastal ports or for international shipments at docks, piers, or ports will be subject to an additional charge of $7.50 per CWT, subject to a minimum charge of $129.50.
  3. Import/Export shipments requiring Carrier to secure documentation prior to the pickup or delivery of the freight will be subject to an additional charge of $80.50 per shipment.

Protective Service

Commodities which require protection from heat or cold because of their perishable nature may be provided such protection at Spot Market Pricing, subject to the availability of suitable equipment and Carrier's agreement to provide such services and provided the Shipper states on the bill of lading and the packages that protective service is required. Carrier will not be liable for loss or damage when the Shipper failed to place the protective service notation on the bill of lading. Protection from cold will not be provided unless special arrangements are made prior to pickup and products do not freeze or degrade above 32° Fahrenheit. The carrier will not be responsible for any damage to shipments containing commodities requiring protection from heat or cold if said damage is result of a delay in delivery because of the need for a delivery appointment, notification prior to delivery, any other delay in delivery not directly attributable to negligence on the part of the carrier, or if the shipment is refused by the consignee.

Quotations of Estimated Charges

  1. When NAL has furnished an estimate of charges, such estimate will be given on the basis of provisions applicable to the facts that are made known to NAL.
  2. Estimates of freight charges are furnished as a convenience to NAL's customers and represent nothing more than an approximation of freight charges which is not binding either on NAL or the customer.
  3. All transportation charges on a shipment will be assessed on the basis of provisions in effect at time of shipment and transportation and related services performed in connection therewith.

Reconsignment / Diversion / Relinquishment

A request for the reconsignment of a shipment will be subject to the following definitions, conditions and charges:

  1. DEFINITIONS OF RECONSIGNMENT:
    1. A change in the name of the shipper or consignee.
    2. A change in the place of delivery.
    3. Relinquishment of shipment at point of origin.
    4. Instructions received by the originating carrier prior to receipt of shipment.
    5. Refused shipments being returned to the original shipper.
  2. CONDITIONS:
    1. Requests for reconsignment must be made in writing from the shipper. Conditional or qualified requests will not be accepted. Carrier will not accept disposition instructions printed on the bill of lading, shipping label, shipping order or container as authority to reship, return or reconsign a shipment.
    2. Carrier will make diligent effort to execute a request for reconsignment, but will not be responsible if such service is not effected.
    3. Only entire shipments, not portions of shipments, may be reconsigned.
    4. Marking or tagging of the shipment to incorporate new address will be performed by carrier, subject to instructions provided by party requesting the changes.
    5. Reconsignment will NOT be permitted on "In Bond" shipments.
  3. CHARGES: Reconsignment as defined in Paragraph 1 will be subject to the following:
    1. There will be a change in documentation fee of $50.00 for each reconsignment.
    2. When the points between which freight is transported are changed, rates will be based on the method among the two listed below that produces the highest total charges:
      1. Origin to reconsignment point, plus reconsignment point to final destination, or
      2. Origin to final destination
    3. A handling charge of $5.65 CWT, subject to a minimum charge of $65.00 and a maximum charge of $450.00 per shipment, will be assessed if:
      1. Possession of the shipment is relinquished to another surface or air carrier; or
      2. Shipment is returned from Carrier's point of origin terminal without linehaul movement, "Deadhead"; or
      3. Export shipments are NOT directly consigned at origin to an export pier dock or terminal, transit shed, or wharf; or
      4. The shipment is reconsigned to another point in the terminal service area of the original inbound terminal; or
      5. The shipment has been loaded on the delivery vehicle, (in cases where shipment is transferred to a city delivery vehicle for delivery); or
      6. The shipment has been dispatched for delivery, (in cases where shipment is NOT transferred to a city vehicle for delivery); or
      7. The shipment must be unloaded or partially unloaded for additional inspection or transfer. When unloading is partial, the charges in this Item will be applied ONLY to the weight of the freight handled.
    4. The shipment may be subject to Storage Charges.

Redelivery

  1. When a shipment is tendered for delivery and, through no fault of the Carrier, the shipment cannot be delivered; no further tenders will be made, except upon request.
  2. If one or more additional tenders of the shipment are made at Consignee's place, a charge of $6.00 per CWT, subject to a minimum charge of $60.00 and a maximum charge of $600.00 per shipment or per vehicle, if more than one vehicle is used in the transport of the shipment, will be made for each additional tender.
  3. If, in lieu of redelivery at Consignee's place, Consignee elects to accept delivery of the shipment at Carrier's premises, a charge of $2.90 per CWT, subject to a minimum charge of $23.00 and a maximum charge of $170.00 per shipment, will be assessed.
  4. All charges accruing under the provisions of this Item must be paid, or guaranteed to the satisfaction of the Carrier, by the party requesting this service before the shipment is redelivered.
  5. The shipment may be subject to Storage Charges.

Relocation of Vehicle

Upon request of the shipper or consignee, pickup or delivery service as defined in this item may be performed at more than one loading or unloading site within the continuous plant property or premises of the shipper or consignee requesting this service, provided the loading or unloading sites are not intersected by more than one public thoroughfare. A vehicle transfer charge of $57.50 will be assessed for each transfer of the vehicle from one loading or unloading site to another.

Restricted Access Pickups / Deliveries

When carrier access to deliver or pickup shipments is restricted in such a manor that requires special fees, permits, ferries / barges, tolls or like charges, then a fee of $50.00 will be invoiced to customer in addition to all other lawful charges. (There will not be a $50 additional fee for toll charges; customer will be invoiced the actual charges for the tolls only.)

Saturday / Sunday / Holiday / Non-Business Hours, Pickups & Deliveries

  1. When shipper or consignee requests carrier to pick up or deliver freight on Saturdays, Sundays, Holidays, or during non-business hours, or requests carrier to pick up or deliver equipment, either empty or containing freight, on Saturdays, Sundays, Holidays, or during non-business hours, such service will be assessed a charge of $60.00 per man hour or any fraction thereof, subject to a minimum charge of $350.00. Such charges shall be in addition to all other applicable charges.
  2. Charges must be either paid by the party requesting the service or guaranteed to the satisfaction of the carrier before pickup or delivery will be made.

Sorting / Segregating

Loading / unloading does not include assembling, packing, unpacking, dismantling, inspecting, sorting or segregating freight. A charge of $0.75 per piece or $1.60 CWT, whichever is greater, will be assessed for sorting or segregating by marks, brands, sizes, flavors or other distinguishing characteristics, subject to a minimum charge of $60.00 per shipment.

Special Equipment

  1. When Consignor/Consignee, broker, or any other responsible party requests special equipment including fork lift, crane, or other mechanical devices (excluding pallet jacks and liftgate service) at the loading or unloading site (other than at Carrier's service center), and Carrier agrees to arrange for such equipment, the applicable charge will be the Carrier's rental costs plus ten (10%) percent.
  2. When Consignor/Consignee, broker or any other party responsible requests forklift service, and Carrier is able to provide such equipment, the following charges will apply:
    1. $69.00 per 30 minutes.
    2. If carrier must rent equipment the charge in section 1 applies.

Stop Off Charges (TL Only)

First Stop .......................................................................................................................................................... $75.00
Second Stop .................................................................................................................................................. $150.00
Third Stop ...................................................................................................................................................... $250.00

Storage

Freight held in carrier's possession by reason of an act or an omission of the shipper, consignee or owner, or for custom clearance or inspection, and through no fault of the carrier, will be considered stored immediately, and will be subject to the following provisions:

  1. Storage charges on freight awaiting linehaul transportation will begin at 7:00 A.M. the day after freight is received by the carrier.
  2. Storage charges on undelivered freight will begin at 7:00 A.M. the first business day, and will accrue every day thereafter including holidays and weekends, after notice of arrival has been given except no charges under this item will be made when actual tender delivery is made within 24 hours after such notice of arrival has been given.
  3. Storage charges on freight stored in carrier's possession will be subject to the following charges:
    CHARGES:
    For each 100 pounds or fraction thereof per 24 hours or fraction thereof $2.50
    Minimum storage charge per shipment per day $75.00

Sufferance Warehouse Charges—Canada

This item covers shipments moving from points in the United States into Canada for Canadian Customs Clearance at a point in Canada beyond the border. Shipments to Canada will be assessed a charge payable in U.S. funds of $1.70 per 100 pounds, subject to a minimum charge of $20.50 per shipment for Eastern Provinces of ON, PQ and NB. All remaining Canadian Provinces will be assessed a charge payable in U.S. funds of $1.70 per 100 pounds subject to a minimum charge of $40.50 per shipment.

Unauthorized Routing

Any shipment sent out without calling NAL for routing instructions or that did not adhere to NAL's routing instructions shall be invoiced on a Spot Market basis with a $50 Unauthorized Routing Fee added; normal Schedule A rates will not apply.

Vehicle Requested But Not Used

When Carrier, upon receipt of a request to pick up a truckload or volume shipment, or to furnish a vehicle for the expedited service, or for exclusive use of a Consignor, has dispatched a vehicle for such purpose and, due to no disability, fault, or negligence on the part of the Carrier, vehicle is not used, charges will be assessed against the Consignor making such request. Accrual of these charges will terminate when Carrier is notified that vehicle will not be used. Charges are as follows:

  1. Cargo Van: $175.00 per unit of equipment per day.
  2. Straight Truck: $350.00 per unit of equipment per day.
  3. Semi Tractor Trailer: $550.00 per unit of equipment per day.

Weight / Inspection

If the description or other information contained on the bill of lading is incomplete or believed to be incorrect, Carrier or Carrier's agent will take the action necessary to determine the correct information. Actions to determine actual freight characteristics include: inspection of packages; verification of gross shipment weights (a shipping carrier, container or package, or pallet, platform, or skid constitutes part of the gross weight), verification of actual or declared density, or collection of other sufficient evidence necessary to verify whether or not the shipment is described correctly. When any pertinent information is found to be incorrect, the bill of lading will be corrected and freight charges assessed according to the proper descriptions and weights. The following charges will also apply:

  1. When the weighing of a shipment results in an increase of the total weight, an additional charge of $21.00 per shipment shall be applied.
  2. When an inspection by Carrier results in a reclassification of the contents of the shipment, an additional charge of $21.00 per shipment shall be applied.