OLTG 110 - E

 

OLIVER TRUCKING LLC.

 

 

MC - 14920

 

 

 

 

RULES AND

CONDITIONS OF SERVICE

 

 

 

 

Provisions herein if effective will not result

in an effect on the human environment.

 

 

FOR GOVERNING PUBLICATIONS, SEE ITEM 100.

 

 

    ISSUED JUNE 1, 2005                EFFECTIVE JULY 1, 2005

 

 

 

ISSUED BY

VENTURE LOGISTICS INC

OLIVER TRUCKING LLC.

1101 HARDING COURT

INDIANAPOLIS, IN 46217

 

 

 

 

 

                                                                      

 

 

 

TABLE OF CONTENTS

 

 

 

 

 

SUBJECT Application of Rates - Freight All Kinds Attempted Pickup Service Billing of Additional Charges Blind Shipments Class Rate Application Collect on Delivery Shipments (C.O.D.’s) Corrected Bills of Lading Detention - Vehicles With Power Detention - Vehicles Without Power Diversion – Motor to Air or Expedite Transportation Emergency Fuel Surcharge Provisions Exclusive Use of Vehicle Extra Labor - Loading or Unloading General Application General Information - Service and Coverage General Information - Freight Charges or Quotes Governing Publications Handling Freight at Positions not Immediately Adjacent to Vehicle Import or Export Shipments – Canadian Border Inside Delivery Service Liability Limitation – Delay Lift Gate Service Limits of Liability – Cargo Loss or Damage Loading and Unloading Loss and Damage Claims Marking or Tagging Freight Master Bill of Lading  Maximum Charge Method of Canceling Original and Revised Pages, Except The Title Page Miscellaneous Accessorial Charge Minimum Charge Minimum Charge - Linear Foot Non-Uniform Bill of Ladings Notification Prior To Delivery Overcharge, Duplicate Payment or Overcollection Claims Over Dimension Freight Payment Provisions - Loss of Discount Pickup or Delivery Service Pickup or Delivery Service After Hours and Saturdays Pickup or Delivery at Private Residences Pickup or Delivery on Sundays or Holidays Pickup or Delivery Service – Limited Access Locations Precedence of Rules Priority of Rates and Charges Proof of Delivery Reconsignment or Diversion Redelivery Returned Checks Scheduled Appointment Deliveries Scheduled Pick Up Service Shipments consigned to Construction Sites Shipments to Hotels, Convention or Exposition Trade Shows      Or Military Installations Shipments requiring transfer from or to Another Vehicle-Pickup or  Delivery Single Shipment Charge Sorting or Segregating Freight Special Service Charge Stop Off for Loading and Unloading Storage Straight or Mixed Shipments Two Man Expedited Service Vehicle Ordered But Not Used Waiting Time Weighing and Inspection of Articles

ITEM   366 757 388 355 105 430 115 502 501 810 250-A 470 560 110 112 113 100 753 610 752 103 573 102 578 407 580 360 595 382 367 150 370 111 647 408 371 385 750 755 754 756 492 101 365 784 820 830 386 648 751 491   490 758   361 887 890 900 910 642 530 985 988 120

 

 

 

 

ITEM 100       GOVERNING PUBLICATIONS

 

            This schedule is governed, except as otherwise provided herein, by the following schedules and by supplements thereto or successive reissues thereof:

 

Nomenclature                                                   Schedule Number

 

National Motor Freight Classification                                 NMF 100 or reissues thereof

 

National Five Digit Zip Code Directory                                     -   

 

Mileage Guide - PC Miler (Practical Miles)                                          -

 

 

ITEM 101       PRECEDENCE OF RULES

 

            Where a rule is published in this schedule covering the same matter as a rule published in NMF 100 series, such rule published herein, to the extent of its application, will apply in lieu of the rule published in NMF 100 series.

 

 

ITEM 102       LIMITS OF LIABILITY – CARGO LOSS OR DAMAGE       49 U.S.C. 14706 (c) (1) (A) and (B)

 

            In the absence of a written agreement, Oliver's liability for cargo loss or damage shall be limited to a maximum of $10 per pound per package. Shipments with valuation in excess of $10.00 per pound, per package, shall not be accepted for transportation. If any shipment in excess of this limitation is inadvertently accepted, carriers liability for cargo loss or damage shall be limited to the amounts specified in this paragraph.

          Oliver shall not be liable for any provision made part of any bill of lading contract executed by carriers driver without prior
notification and any shipment inadvertently accepted shall be deemed to have been released to carrier at the valuation limitation indicated in paragraph one of this item.

 

           Unless otherwise agreed upon in writing, shipments moving under the provisions of "spot quotes" or "individually agreed rates"; shall be subject to liability limitations for loss or damage. Carrier's liability shall not exceed $5.00 per pound, per package; computed on the total weight of the lost or damaged shipment.

 

            Oliver's liability for loss or damage to shipments of "used" commodities shall be limited to a maximum liability of not exceeding $.50 per pound, per package. "Used" commodities shall be deemed to be those commodities which have been refurbished, reconditioned, rebuilt or remanufactured.

 

            If the shipper fails or declines to declare the value or agree to a released value no exceeding $.50 per pound, per package, the shipment will not be accepted. If the shipment is inadvertently accepted, it will be considered to have been released to a value not exceeding $.50 per pound, per package. Failure of the shipper to declare the commodity as "used" shall not alter the application of this item.

          

 

ITEM 103       LIABILITY LIMITATION – DELAY

 

            Oliver shall in no event be liable for any special, incidental, or consequential damages, including, but not limited to loss of profits or income, whether or not Oliver had knowledge that such damages might be incurred.

 

 

ITEM 105       CLASS RATE APPLICATION

 

            In the absence of a specifically stated base class rate publication within this publication or other pricing agreements or customer contracts, OLTG 503 series will provide base class rates.

 

 

ITEM 110       GENERAL APPLICATION

 

            This schedule explains Oliver’s additional services as well as the rules and conditions of service which may apply on shipments moving under other publications, pricing agreements, or individual customer contracts which indicate OLTG 110 as a governing publication.  Any exceptions to items in this publication will be noted in specific customer pricing agreements that may apply for that specific customer.

 

 

ITEM 111       NON-UNIFORM BILL OF LADINGS

 

            All transportation provided by Oliver Trucking Corporation shall be governed by an individual written contract signed by the parties, or in lieu thereof, subject to the terms and conditions of this schedule and Uniform Bill of Lading  (UBOL),  as set forth in the National Motor Freight Classification and/or 49 C.F.R. 1035, as applicable.

 

            For convenience, Oliver may allow a shipper or consignor to prepare or issue such Bill of Lading; provided that, such Bill of Lading so prepared or issued, shall be a Uniform Bill of Lading (UBOL), as described above.

 

            No agent, driver, dispatcher or other employee of Oliver shall have any authority to approve the use of an alternate form of Bill of Lading, or agree to terms and conditions of transportation, except those set forth in the Uniform Bill of Lading.

 

            Use and acceptance of a Bill of Lading, other than a Uniform Bill of Lading, shall be valid only if approved in writing, in advance of shipment by the President, Vice-President, or Pricing Manager of Oliver Trucking.

 

            In the event that a Bill of Lading issued by shipper or consignor, which includes terms or conditions deviating from the Uniform Bill of Lading and which has not been approved in advance for use by Oliver, shall be signed by a driver or any other agent or employee of Oliver, such signature shall constitute only an acknowledgment of receipt of the freight so tendered.

 

            In no case, shall the initial, subsequent or continued use by a shipper or consignor of a non uniform Bill of Lading be deemed an implied acceptance by Oliver of the terms and conditions thereof.

 

 

ITEM 112       GENERAL INFORMATION - SERVICE AND COVERAGE

 

            Oliver Trucking maintains for the information of all shippers, a Distribution Map and Service Guide which indicates the zip code areas serviced by Oliver, and a listing of service days from and to certain states.

           

            The service days are listed for informational purposes only and are intended to provide a guideline for transit times between given states.

 

            Oliver is not bound to transport property by any particular schedule, or in time for any particular market, or in any other manner other than with reasonable dispatch.

 

            Expedited service is available upon request.  Please contact your local representative for additional information.

  

 

ITEM 113       GENERAL INFORMATION - FREIGHT CHARGES OR QUOTES

 

            Oliver does provide freight quotes or estimates to customers upon request.  Such quotes or estimates will be based on information provided by the customer, at the time the quote or estimate was prepared.  If the information given at the time of quote or estimate differs, or if the shipper tenders such shipments in a manner different from that information on which the quote or estimate is given, (i.e. zip codes, weight, commodity descriptions, linear feet occupied, double stacking, etc.), then the quote or estimate is null and void and charges will be based upon the applicable tariff provisions.

 

            Oliver will not provide freight charges to anyone other than the shipper, consignor, consignee or other party paying the freight bill.

 

            Agents, drivers, or other employees, other than company officers, are not authorized to agree to rates, areas of coverage, or terms of service.  The signature on a bill of lading only acknowledges receipt of the goods.

 

 

ITEM 115       CORRECTED BILLS OF LADING

 

            Oliver will accept corrected bills of lading subject to the following conditions:

 

            1.  Corrected bills of lading to change the freight terms from prepaid to collect or third party will be accepted only for a period of 30 days after date of the original shipment.  See Notes A, B and D.

 

            2.  Corrected bills of lading to change the freight terms from prepaid to collect will NOT be accepted if Section 7 (Non-Recourse Clause) of the corrected bill of lading has been signed by the consignor. 

 

            3.  Corrected bills of lading to change the freight terms from collect to prepaid will be accepted only for a period of 90 days after date of the original shipment.  See Notes A, B and D.

 

            4.  Corrected bills of lading issued when changing either the weight or commodity description of the original bill of lading, MUST be accompanied by documentation to support such changes.  See Note C.

 

            5.  Corrected bills of lading issued when changing the number of articles shipped, MUST  be accompanied by documentation to support such changes.

 

            6.  Corrected bills of lading issued when changing the consignee or destination of shipment are subject to the provisions of Item 820 (Reconsignment or Diversion).

 

 

NOTE A - Reversal of charges will not be accepted once payment has been received.

 

NOTE B - Must state that debtor has agreed to accept responsibility for charges.

 

NOTE C - Copy of invoice or descriptive literature is acceptable.

 

NOTE D - The charge for changing the payment terms or party responsible for payment of

                 a freight bill shall be $10.00

 

 

ITEM 120 – WEIGHING AND INSPECTION OF ARTICLES

 

            In the event the commodity description, weight, or other information contained on the bill of lading is believed to be incorrect, or incomplete, Carrier shall have the right to take any appropriate action to determine the correct information and correct the bill of lading accordingly.  This includes any Weight verification, Verification of density, and inspection of packages or containers.

 

ITEM 150       MINIMUM CHARGE

 

            Except as otherwise provided herein, the applicable charge for a shipment shall be the applicable rate for each article(s) multiplied by the actual weight of the article(s), but not less than the Minimum Charge from origin to destination.

   

 

ITEM 250-A       EMERGENCY FUEL SURCHARGE PROVISIONS

 

         

VENTURE LOGISTICS, INC

OLIVER TRUCKING, LLC

EMERGENCY FUEL SURCHARGE PROVISIONS

EFFECTIVE DECEMBER 1, 2007

 

 

     Except as otherwise specifically provided, all charges for line haul transportation resulting from rates or charges, named in OLTG or VNLO tariffs, contracts, or transportation agreements referring hereto for governing provisions, will be subject to a Fuel Surcharge, as provided  below:

 

1.      Fuel surcharge on net line haul charge will be determined by the U. S. National Average On-highway Diesel Price as provided by the U. S. Department of Energy (D.O.E.).  The current Oh-highway Diesel Price may be obtained by calling 202-586-6966 (24 hours per day).

 

2.      The applicable fuel surcharge will be adjusted up  Or down on Monday of each week using the D.O.E.

Oh-highway National Average Diesel Price announced On that Monday.

 

 

 

                                                FUEL COST INDEX                 (A)                                               (B)