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 Orblogistics 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 Orblogistics 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 Orblogistics'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 Orblogistics management in advance of the shipment being picked up.
10. Orblogistics 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 Orblogistics’s rights to collect monies owed to them for overdue undisputed freight invoices.
ITEM 500 Bills of Lading, Freight Bills, & Statements of Charges
Transportation of shipments handled by Orblogistics is governed by the terms and conditions as found on the Orblogistics Bill of Lading and the rules, regulations, and charges as published in this tariff.
No deviation from these standard terms and conditions will apply in connection with shipments handled by Orblogistics except upon written agreement signed by an officer of Orblogistics . Terms and conditions of pre-printed Bills of Lading tendered to Orblogistics by Shipper at the time of shipment and signed by Orblogistics ’s driver or dock worker will not apply except upon written agreement of an officer of Orblogistics . Bills of Lading so tendered by Shipper at time of shipment will be accepted by Orblogistics subject to the terms and conditions shown herein and as modified in this rules tariff.
Orblogistics will provide when required:
A. Copies of freight bills, invoices, statements or proofs of delivery.
B. Other forms or copies as may be required for submission with freight bills for payment.
When a corrected Bill of Lading or letter of authority to amend any aspect of a Bill of Lading is received from the responsible party the following provisions will apply:
A. Corrected Bills of Lading or letters of authority to change the payment status from collect to prepaid or prepaid to collect will be subject to acceptance by Orblogistics . The request must be made by the Shipper in writing and within thirty (30) days of the original Bill of Lading.
B. Corrected Bills of Lading or letters of authority to change the freight charge collection status from prepaid to collect will not be accepted if Section 7 of the corrected Bill of Lading has been signed by the consignor, or once the shipment has been delivered or if shipment has been lost or damaged.
C. Corrected Bills of Lading or letters of authority to change the actual or released value of a commodity will not be accepted after the shipment has been delivered.
D. Changes in commodity description, weight, or pieces shall be accompanied by satisfactory written documentation, such as the original invoice or descriptive advertising copy.
E. A Driver’s signature on the Bill of Lading only acknowledges receipt of freight. Terms and conditions of Orblogistics Rules Tariff and Bill of Lading contract as provided will apply.
F. When the consignor fails to state the freight terms (prepaid or collect) in writing on the Bill of Lading the freight will ship as prepaid and all applicable charges will be borne by the consignor.
G. A Bill of Lading shall be completed as provided herein for each shipment.
H. On each article covered by the Bill of Lading there shall be plainly marked thereon by the consignor the name of the consignee and the destination thereof. This requirement does not apply in cases where the shipment is from one consignor to one consignee and constitutes a truckload shipment.
I. The Bill of Lading shall be signed in full (not initialed) by the consignor and by Orblogistics as an acceptance of all terms and conditions contained therein.
J. At the option of Orblogistics a waybill may be prepared by Orblogistics and the waybill shall bear the same number, or other positive means of identification, as the original Bill of Lading. Under no circumstances shall the waybill replace the original Bill of Lading.
ITEM Definition of Package
The term package as used in this item means any primary shipping package authorized by the provisions of individual tariffs or classification items. When a number of packages have been unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or have been over packed in an additional complying package, Orblogistics’s liability will be determined by separately multiplying the weight of each individual package lost or damaged computed on $2.00 per pound ($4.41 per kilogram) and not on the basis of the weight of the total number of packages unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or over packed in an additional complying package.
ITEM Released Valuation When Goods are Received From a Freight Forwarder
On shipments having prior or subsequent transit by air or water, and said shipments are tendered to Orblogistics by a freight forwarder, Orblogistics ’s maximum liability shall be no more than $1.50 per pound. The provisions of this rule shall supersede any valuations, actual or released, provided on the Bill of Lading or waybill.
In the event of a conflict between this provision and any other provision in Orblogistics’s rules tariff the provision which has the lower limitation shall apply.