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.
Liability of Orblogistics
Orblogistics assumes no liability of deterioration of perishable products or on account of delays due to weather conditions and or conditions beyond Orblogistics ’s control.
Acts of God
An Act of God is defined as an abnormal or unusual event which is strictly natural in origin with no human assistance or influence, including but not limited to tornadoes, earthquakes, floods, and other catastrophic events of nature.
Exceptions from Liability
Orblogistics shall not be liable for loss, damage, or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect, or inherent vice in the goods, the act or default of the consignor, owner or consignee authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
Orblogistics is not bound to transport the goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch unless by agreement specifically endorsed by an authorized manager of Orblogistics in writing prior to the pickup of the shipment.
Subject to reasonable requests, Orblogistics agrees to accept, transport, and deliver with reasonable dispatch such merchandise as customer may tender to Orblogistics for transportation. However, Orblogistics shall not be responsible for any damages, direct, indirect or consequential, which are the result of delay in delivery.
Stoppage in Transit
Where goods are stopped and held in transit at the request of the party entitled to do so, the goods are held at the risk of that party.
Packaging Requirements & Used/Personal Goods
When the proper packaging as provided in the NMFC is not adhered to and shipment is inadvertently accepted, Orblogistics’s liability shall be limited to 10 cents per pound regardless of the RVNX shown on the Bill of Lading. If no specific packaging is provided in the NMFC and the commodity is shipped in an unprotected state (i.e. an uncrated machine shipped loose or on a skid) Orblogistics’s liability shall be limited to 10 cents per pound.
Used commodities and personal goods shall be limited to 10 cents per pound regardless of packaging.
Subject to the maximum liability clause , the amount of any loss or damage for which the carrier is liable, whether or not the loss of damage results from negligence, shall be computed on the cases of;
a) the value of the goods at the place and time of shipment including the freight and other charges if paid, or
b) where a value lower than that has been represented in writing by the consignor or has been agreed upon, such lower value shall be the maximum liability.
The amount of any loss or damage computed under paragraph (a) or (b) of the above article shall not exceed $2.00 per pound ($4.41 per kilogram) computed on the weight of the damaged or missing pieces unless a higher value is declared on the face of the Bill of Lading by the consignor, subject to Orblogistics Terms and Conditions.
If the consignee has declared a value of the goods on the face of the bill which exceeds the MAXIMUM LIABILITY clause and Orblogistics has agreed in writing to accept this shipment, the amount of any loss or damage for which Orblogistics is liable shall not exceed the declared or actual value of the damaged or missing pieces. A charge of 2% of the value exceeding the $2.00 per pound ($4.41 per kilogram) shall be assessed.
Articles of Extraordinary Value
Orblogistics is not bound to carry any documents or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed, Orblogistics shall not be liable for any loss or damage in excess of the maximum liability stipulated above.
Notice of Claim
1. All claims for loss, damage or delay must be filed within sixty (15) days of the date of delivery or in the case of non-delivery, within nine (1) month. The period for bringing a civil action against Orblogistics will be two (1) years from the date Orblogistics gives a person written notice that Orblogistics has disallowed any part of the claim specified in the notice.
2. Claims not filed within the nine (1) month statute of limitations will be declined.
3. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of Orblogistics from the charges owed to Orblogistics unless authorized in writing by Orblogistics .
a) If required by Orblogistics the freight and all other lawful charges accruing on the goods shall be paid before delivery, and if upon inspection it is ascertained that the goods shipped are not those described in the Bill of Lading, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.
b) Should consignor fail to indicate that a shipment is to ship prepaid, or fail to indicate how the shipment is to ship, it will automatically ship on a collect basis.
Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to Orblogistics as required by law, shall indemnify Orblogistics against a loss, damage, or delay caused thereby and such goods may be warehoused at the consignor’s risk and expense.
a) If through no fault of Orblogistics the goods cannot be delivered, Orblogistics shall immediately give notice to the consignor and consignee that delivery has not been made and shall request disposal instructions.
b) Pending receipt of such disposal instructions the goods may be stored in the warehouse of Orblogistics subject to a reasonable charge for storage, or if Orblogistics has notified the consignor of this intention the goods may be removed to and stored in a public or licensed warehouse at the expense of the consignor, without liability on the part of Orblogistics and subject to a lien for all freight and other lawful charges including a reasonable charge for storage.
Return of Goods
If a notice has been given by Orblogistics pursuant and no disposal instructions have been received within 10 (ten) days from the date of such notice, Orblogistics may return to the consignor at the consignor’s expense, all undelivered shipments for which such notice has been given.
Any limitation on Orblogistics’s liability on the Bill of Lading and any alteration to the Bill of Lading shall be signed or initialed by the consignor and the Orblogistics driver or representative and, unless signed and initialed, shall be without effect.
1. It shall be the responsibility of the consignor to show correct shipping weight of the shipment on the Bill of Lading.
2. If the actual weight of the shipment does not agree with the weight shown on the Bill of Lading Orblogistics may correct the weight shown on the Bill of Lading.
Shipper Load or Consignee Unload
A. Shipper Load.
When pre-arranged with Orblogistics ’s local operations, Orblogistics will spot or drop trailer at the shipper’s loading facility so the shipper may load the trailers at their convenience. Any discrepancy on those shipments tendered under the Shipper Load and Count arrangement will be handled in the following manner:
1. At pickup, Orblogistics will include "SL&C" on the Bill of Lading, indicating that the Shipper loaded and counted the shipment without a Orblogistics driver being present.
The Shipper will properly block and brace the freight. Orblogistics ’s failure to note "SL&C" on the Bill of Lading will not affect the liabilities of the parties if the Shipper has in fact performed the loading and counting without a representative from Orblogistics present.
2. Orblogistics will provide seals for security purposes to the Shipper when requested. Failure to seal a load will not affect the terms and conditions outlined in this paragraph or tariff.
3. Orblogistics will notify the Shipper’s representative by auto-fax of any exceptions within 24 hours of first unloading. This will not include weekends or holidays. Orblogistics cannot be liable for uncountable palletized orders picked up and delivered with wrap intact.
4. Shortage claims filed will be thoroughly investigated. Orblogistics will work with the Shipper to use overage, as mutually agreeable, to offset their liability on valid claims.
5. Shortages will be reported as above. The Shipper will advise Orblogistics disposition of any merchandise that could or should be applied to a valid shortage. In the event of a Shipper caused shortage, the Shipper will allow Orblogistics to adjust the Bill of Lading accordingly to reflect actual piece count and weight.
6. Orblogistics will not accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is one of a concealed nature. In this respect, any claim following will be settled based on the findings of the investigation.
7. Orblogistics can be responsible for handling units only as applicable and to the extent that a piece count can be verified. Individual item numbers and purchase order shortages at delivery shall not be deemed as shortages against Orblogistics when the handling unit count matches the amount properly reported as received on the SL&C trailer.
8. Orblogistics will not decline liability of claims just because the Bill of Lading is noted "SL&C." The burden is Orblogistics ’s to either provide a clear proof of delivery, a properly reported exception, or payment of the claim. The Shipper agrees not to file claims when discrepancies have been properly reported.
B. Consignee Unload.
Orblogistics will drop or spot trailers at the Consignee’s facility so the receiver may unload the trailers. Any discrepancy on those shipments tendered as "CONSIGNEE UNLOAD" will be handled in the following manner unless a separate agreement is already established and signed in place:
1. Orblogistics agrees to spot or drop trailers at Consignee’s place of business for the purpose of Consignee completing the unloading process within normal free time or as otherwise agreed to in writing.
2. Consignee will not utilize Orblogistics’s equipment for any use other than the express purpose of unloading.
3. When the Consignee fails to report to Orblogistics’s local service centre that equipment is empty and available to Orblogistics for removal it will be subject to detention rules and charges.
4. Consignee will accept liability for any and all damages occurring to Orblogistics’s equipment or for the loss of Orblogistics ’s equipment while in its physical possession, other than normal wear and tear or an Act of God. Consignee will promptly reimburse Orblogistics for the cost of repairing or replacing such equipment.
5. Orblogistics will note "CONSIGNEE UNLOAD" on the delivery receipt, indicating that the Consignee unloaded and counted the shipments without Orblogistics’s driver present. Orblogistics’s failure to note "CONSIGNEE UNLOAD" on the delivery receipts will not affect the liabilities of the parties if the Consignee has in fact performed the counting and unloading without a representative from Orblogistics present.
6. Orblogistics will provide sealed trailers with Orblogistics’s seal number documented for security purposes. Failure to seal a load will not affect the terms and conditions outlined in this item.
7. Orblogistics shall not be liable for uncountable palletized orders picked up and delivered with shrink wrap intact or for Shipper Load and Count orders that have been properly reported to the Shipper at first unloading.
8. Delivery receipts will be signed by the Consignee at the time the trailer is dropped for unloading or, if not operationally feasible, will be available to Orblogistics no more than 24 hours after delivery.
The Consignee agrees to notify Orblogistics by fax on a mutually approved form of any exceptions within 24 hours of the trailer being dropped. This will not include weekends or holidays. Orblogistics shall not be liable for exceptions reported after 24 hours of trailer being dropped.
Notice of any exception is to be faxed on the mutually approved form to the attention of the local service centre’s OS&D associate.
9. Orblogistics shall only be responsible for handling units as signed for and tendered by Shipper. Individual item numbers and purchase order shortages shall not be deemed shortages against Orblogistics when the handling unit count matches the amount signed for at time of pickup or, as applicable, properly reported received on a Shipper Load and Count trailer.
10. Shipments tendered to the Consignee to be unloaded at their convenience are to be secured by the Consignee in a manner to prevent theft. Orblogistics will not be held responsible for stolen product while in the possession of the Consignee.
11. Orblogistics agrees not to decline liability of claims just because the delivery receipt is noted CONSIGNEE UNLOAD. The burden is Orblogistics ’s to provide a clear proof of delivery when the documents are returned to Orblogistics. It is the Consignee’s responsibility to provide a properly reported discrepancy with dated fax confirmation for payment of the claim. The Consignee agrees not to file claims when discrepancies have not been properly reported.
12. The consignee will accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is of the concealed nature and reported within 15 days of the trailer being spotted for unloading. In this respect, concealed damage claims will be settled based on supporting facts and merits of the investigation.
ITEM 521 Shipment Weight Verifications
At its sole discretion Orblogistics may choose to reweigh shipments in its custody. If an error in weight is determined, Orblogistics will correct the billed weight accordingly. The corrected weight will be used to assess proper freight charges.
When Orblogistics is requested by the shipper to secure a certified public weight for any shipment, a $60.00 charge will apply.
ITEM 522 Storage
Freight held in Orblogistics’s possession by reason of an act or omission of the consignor, consignee, or owner, or for customs clearance or inspection, and through no fault of Orblogistics, will be considered stored immediately and will be subject to the following provisions:
1. Storage charges on undelivered freight will begin at 7AM the first business day after notice of arrival was provided. No charges under this item will be made when actual tender of delivery is made within 24 hours after such notice of arrival has been given.
2. Freight stored in Orblogistics’s possession will be assessed a charge of $5.00 per skid per 24 hour period.
Storage charges under this item will end when Orblogistics is enabled to deliver or transport freight as a result of action by the consignee, consignor, owner, or customs official.
ITEM 523 Stop-Off Charges
Except as otherwise provided on shipments stopped to partially load or complete loading or for partial unloading, exclusive of initial pickup stop or final delivery stop, there will be a charge of $150.00 per stop in addition to agreed charges.
ITEM 524 Private Residences
When Orblogistics is requested or required to make pick up or delivery at a private residence or other non-commercial location an additional charge of $50.00 will apply. This charge will include the initial notification to arrange delivery at the private residence.
Charges for this service will be added to the freight bill when service is requested by the consignor or will be collected from the party responsible for paying the freight charges.
ITEM 525 Limited Access Points
When a pickup or delivery occurs at a location with Limited Access, additional charges may apply.
Examples of Limited Access Points include:
Mini Storage Facilities
Container Freight Stations
ITEM 526 Blind Shipments
A request for Blind Shipment will be subject to the following definitions, conditions, and charges:
Only requests made prior to pickup will be considered for this service.
Carrier must be satisfied that the requester has the legal authority to divert the shipment.
Two Bills of Lading are required. The legal BOL must show actual origin city, state/province, and zip/postal and ultimate destination city, state/province, and zip/postal. For double blind shipments, three Bills of Lading are required.
Section 7 of the Bill of Lading cannot be signed (applicable to both the legal and blind Bills of Lading).
A charge of $75.00 will apply in addition to all other applicable charges and must be paid by the party requesting the service.
The requester must have established credit.
Carrier will make a diligent effort to execute a request for Blind Shipment, but will not be responsible if such service is not executed.
ITEM 527 Re-Consignment or Diversion
A request for the re-consignment or diversion of a shipment will be subject to the following definitions, conditions, and charges:
1. Definition of Re-Consignment or Diversion for the purpose of this rule the terms "re-consignment" and "diversion" are considered to be synonymous and the use of either will be considered to mean a change in the name of the consignor or consignee, a change in the place of delivery within original destination points, a change in the destination point, or a change in the instructions received by Orblogistics prior to receipt of shipment.
Requests for re-consignment must be made in writing or confirmed in writing. Orblogistics must be satisfied that the party making the request has the authority to do so. Conditional or qualified requests will not be accepted.
Orblogistics will make a diligent effort to execute a request for re-consignment but will not be responsible if such a service is not affected.
All charges applicable to the shipment whether accrued or accruing must be paid or guaranteed to the satisfaction of Orblogistics before re-consignment will be made.
Only the entire shipment, not portions of the shipment, may be re-consigned.
An order for re-consignment of a shipment shipping under uniform order Bills of Lading will not be considered valid unless, and until, the original Bill of Lading is surrendered as cancelled, endorsed, or exchanged.
Instruction for re-consignment of COD shipments will be accepted only from the consignor.
Request for re-consignment of "In Bond" shipments will be permitted. However, if requested, shipments will be stored at re-consignment point until such time as the new or revised clearance papers are received by Orblogistics. Once received the shipment will be handled to destination.
ITEM 528 Re-Delivery of Shipments
When a shipment is tendered for delivery and through no fault of Orblogistics the consignee cannot accept the shipment when it is made available to them, a re-delivery charge of $3.00 per hundred pounds with a minimum charge of $30.00 will apply.
All charges accruing under the provisions of this rule must be paid or guaranteed to the satisfaction of Orblogistics by the party or parties requesting re-delivery.
ITEM 529 Returned Undelivered Shipments
Undelivered shipments that are returned to the shipper at the shipper’s request will be subject to applicable rates and charges in effect on the date of return from the new origin (the original destination of the outbound shipment) and to the new destination (the original origin of the outbound shipment.)
ITEM 530 Sorting or Segregating Shipments
Loading or unloading service does not include assembling, packing, unpacking, dismantling, inspecting, sorting, or segregating freight EXCEPT as provided in this item.
When a shipment is tendered to Orblogistics in lots according to size, brand, flavour, or other characteristic and is so identified on the Bill of Lading or accompanying papers normal delivery service includes delivery of the shipment to the consignee in the same manner, including the placement of such sorted or segregated lots on the consignee’s platform.
No sorting or segregating charge will be made when the only service performed is a count necessary to determine the extent and identity of shortages or overages as may have been ascertained by a Orblogistics employee.
If sorting or segregation of the merchandise takes longer than the free time period allocated for the specified weight LISTED IN THE BELOW PARAGRAPH, DETENTION, an additional charge of $0.70 per carton or $2.00 per hundred pounds with a minimum of $25.00 shall apply. These charges will be assessed to the payer of the shipment.
ITEM 531 Detention – Free Time Allowed for LTL or AQ Shipment – With Power Units
FREE TIME SHALL BE AS FOLLOWS:
Less-than-Truckload (LTL) 30 minutes
Truckload (TL) 60 minutes
When loading or unloading of a unit is delayed beyond the free time the charge per vehicle for each 15 minutes or fraction thereof beyond free time will be $18.75.
"LOADING" includes the furnishing to Orblogistics of the Bill of Lading and required documents necessary for forwarding of the shipment.
A. Surrender to Orblogistics of Bill of Lading for shipments.
B. Payment of lawful charges to Orblogistics when required prior to delivery of the shipment.
C. Notification to Orblogistics that the vehicle is unloaded.
D. Signing delivery receipt when Orblogistics’s agent is present at unloading.
Computation of time shall begin upon notification by the driver to the responsible representative of the consignor or consignee of the arrival of the vehicle for loading or unloading and receipt by the driver of a signed Bill of Lading or Receipt for Delivery.
Computations of time are subject to, and are to be made within, the normal business day at the designated premises at place of pickup or delivery.
ITEM 532 Detention – Vehicles Without Power Units- Spotting or Dropping Trailers
This item applies when Orblogistics’s vehicles without power units are delayed or detained on the premises of the consignor or consignee, or on other premises designated by them or as close thereto as conditions will permit, subject to the following provisions:
A. Subject to the availability of equipment Orblogistics will spot empty or loaded trailers for loading or unloading on the premises of the consignor or consignee, or on other premises designated by them or as close thereto as conditions will permit.
B. Loading or unloading will be performed by the consignor, the consignee, or other party designated by them. In the case of spotting for loading the Bill of Lading must show "Shipper Load and Count."
C. Orblogistics’s responsibility for safeguarding shipments loaded into trailers spotted under the provisions of this item shall begin when loading has been completed and possession thereof is taken by Orblogistics.
D. Orblogistics’s responsibility for safeguarding shipments unloaded from trailers spotted under the provisions of this item shall cease when the trailer is spotted at or on the site designated by the consignee.
E. The detention charges due to Orblogistics will be assessed against the payer responsible for freight charges.
F. Spotted trailers will be allowed 24 consecutive hours of free time.
G. For each 24 hours or any fraction thereof a charge of $130.00 will be assessed.
ITEM 533 Detention of a Vehicle Furnished but Not Used
When Orblogistics, upon receipt of a request to pick up an LTL or truckload shipment or furnish a vehicle for the exclusive use of a consignor, has dispatched a vehicle for such purpose and due to no disability, fault, or negligence on the part of Orblogistics the vehicle is not used, a charge of $100.00 will be assessed against the consignor making such request.
ITEM 534 Extra Labour – Loading or Unloading
When requested by the consignor or consignee extra labour will be furnished by Orblogistics for loading or unloading. The charge for each additional labourer will be $40.00 per hour with a minimum of 6 hours.
Time shall be computed from the time the extra labour arrives at the place of pickup or delivery until loading or unloading is completed. This charge will be assessed to the consignor if the extra labour is used for loading, and to the consignee if the extra labour is used for unloading. Extra labour will not be furnished unless requested by consignor or consignee.
The provisions of this item do not obligate Orblogistics to furnish extra labour if such is not available at the point of loading or unloading.
ITEM 535 Lift-Gate Service
Performance of lift-gate service requested by a customer will be assessed a rate of $35.00 in addition to agreed-upon freight charges. Any accessorial charges including lift gate will be assessed to the company paying the bill.
Note: Service rate may vary for beyond points.
ITEM 536 Pallets, Platforms of Skids Required for the Movement of Goods
No charge will be made for the transportation of pallets, platforms, or skids provided the shipper specified the gross weight of the shipment and the actual weight of the pallets, platforms, or skids separately on the shipping order and Bill of Lading at the time of shipment, and provided further that when the entire shipment is not loaded on pallets, platforms, or skids the shipper specifies separately the weight of those articles which are not loaded on pallets, platforms, or skids.
When material not a part of the pallets, platforms, or skids is used to protect top of lading or to secure the load, an allowance will not be allowed for the weight of such materials.
In no case, after deducting the weight of the pallets, platforms, or skids to be transported without charge, shall the weight on which charges are based be less than the prescribed minimum weight. When sufficient pallets, platforms, or skids cannot be placed on the floor of the trailer to load the prescribed minimum weight, then pallets and palletized material must be capable of being double-decked. At the request of Orblogistics the shipper will double-deck in loading.
The total weight of the pallet, platforms, or skids transported without charge will not exceed 1,000 pounds per shipment.
ITEM 537 Returned Cheques
Cheques received in payment of freight charges which are returned to Orblogistics by a bank because of insufficient funds or any other reason not the fault of Orblogistics will be subject to a charge of $50.00 plus any service fee assessed by Orblogistics’s bank. This charge will be in addition to all other applicable charges.
ITEM 538 Customs or In Bond Freight
1. Shipments in-transit under U.S. Custom Bond for U.S. Customs clearance at a point in the United States will be assessed a charge of $2.00 per one hundred pounds subject to a minimum charge of $40.00 and a maximum charge of $160.00 per shipment or per trailer. Such charges shall be in addition to all other applicable charges.
2. Freight shipping in bond may not be included in the same shipment on the same Bill of Lading and shipping order with freight not shipping in bond.
3. Shipments awaiting U.S. Customs clearance will be subject to the applicable detention charges or storage charges. Detention charges, if any, will be assessed against the party responsible for line haul charges. For the purpose of applying storage rules and charges in connection with shipments in transport under U.S. Customs Bond notification to the Deputy Collector of Customs that a shipment is available for customs inspection will constitute tender of shipment for delivery.
4. Each I.T. permit (immediate transportation permit) issued for transport of an in bond shipment will be considered as a separate shipment and must be accompanied by one Bill of Lading and shipping order.
5. Shipments tendered in a vehicle sealed by or at the instructions of the consignor, or as required by competent authority, will be rated as a truckload shipment. On shipments cleared en-route by the U.S. Customs, and shipment beyond such clearance does not require a seal, normal rate and charges shall apply to the beyond point.
6. When necessary for Orblogistics to purchase and apply "High Security Red In-Bond Seals" for shipments in transport under U.S. Customs Bond a charge of $35.00 per seal will be assessed. Orblogistics will not be responsible for equipment or tools necessary for removal of High Security Red In-Bond seals.
7. Declared Value in excess of $2.00 per pound, ($4.41 per kilogram).
If the consignee has declared a value of the goods on the face of the bill which exceeds the above clause (no. 7) and Orblogistics has agreed in writing to accept this shipment, the amount of any loss or damage for which Orblogistics is liable shall not exceed the declared or actual value of the damaged or missing piece/s. A charge of 1% of the value exceeding the $2.00 per pound, ($4.41 per kilogram) will be assessed.
ITEM 539 Extension of Credit
Orblogistics may extend credit to shipper in which case payment will be due upon receipt of the invoice.
Freight bills may be presented by mail. Unless otherwise agreed Orblogistics will send invoices by mail.
When the mail service is so used, the time of mailing by Orblogistics shall be deemed to be the time of presentation of the bills unless other terms are agreed to in a contract. In a case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. Orblogistics and the shipper or consignee or designated payment agent may enter into a separate agreement for Orblogistics to transmit invoices electronically via electronic data interchange.
When Orblogistics transmits invoices via E.D.I. the date of receipt by the customer will be the date received by the designated systems.
Application for credit with Orblogistics regarding payment of freight bills shall be in writing to the party requesting said credit and approved by an authorized representative of Orblogistics.
Orblogistics reserves the right to require prepayment of all charges or other satisfactory assurance of payment before accepting shipment or attempting delivery.
Upon request and for the shipper’s convenience Orblogistics will invoice the shipper’s broker, bank, or other designated agent for freight charges. Orblogistics reserves the right to bill and collect freight charges from the shipper on prepaid or the consignee on collect shipments in the event full payment of freight charges is not received pursuant to such third party billing instructions.
ITEM 540 Payment of Freight Charges
1. Unless otherwise provided in Orblogistics’s tariffs, shipments will be accepted subject to the following provisions:
A. A prepaid shipment is one on which the charges for transportation service rendered at the request of the consignor, including charges for any accessorial services performed at the request of the consignor are to be paid by the shipper.
B. A collect shipment is one which the charges for transportation service including accessorial services rendered at the request of the consignee or requested by the consignor for the consignee, are to be paid for by the consignee.
C. A shipment on which charges are to be paid by a party other than the consignor or consignee will be accepted provided that the consignor has established credit with Orblogistics. The shipper must guarantee to pay the charges if the third party fails to do so within the time allowed under Orblogistics regulations. Such a shipment will not be accepted if the consignor executes Section 7 of the Bill of Lading.
2. Payment of freight charges must be made immediately by a shipper upon receipt of prepaid freight bill. Freight charges on collect shipments must be paid by the consignee at time of delivery unless credit has been established with Orblogistics in which case payment is due upon receipt of the invoice.
ITEM 541 Third Party Collection of Charges
When a party other than the consignor or consignee as shown on the Bill of Lading and shipping order is responsible for paying the freight charges such party’s name and address must be clearly shown in the body of the Bill of Lading and shipping order at the time of original tender.
Shipments subject to the provisions of this item will be accepted only when the consignor has established credit with Orblogistics and guarantees to pay all lawfully accrued charges if the third party fails to do so.
ITEM 542 Terms of Payment
1. The Bill of Lading constitutes the contract of carriage between Orblogistics and the shipper pertaining to the payer of the charges for the shipment and the particulars as to the commodities and weight being shipped. The signed Bill of Lading or shipping order received by Orblogistics at time of pick up must specify the terms of shipping and payment of freight charges.
2. The shipper and consignee are jointly responsible for payment of all freight charges. If one defaults for whatever reason the other party will be held liable.
3. Whereas between the shipper and the consignee it is intended that the freight ship on a credit arrangement to be billed to the shipper’s account, the Bill of Lading shall be marked “prepaid” in which event Orblogistics agrees to first look to the shipper for payment for freight charges and to extend to the shipper whatever credit arrangements might be agreed upon between them. This agreement in no way detracts from the ultimate liability of the consignee in the event of default of payment by the shipper.
4. Whereas between the shipper and the consignee it is intended that the consignee shall pay the freight charges, the Bill of Lading shall be marked “collect” in which event Orblogistics agrees to extend credit to the consignee on whatever terms might be agreed upon between the two, or to first look to the consignee for payment of freight charges but this shall in no way relieve the shipper from liability for freight charges in the event of default by the consignee.
5. Where a Bill of Lading is not marked either prepaid or collect Orblogistics is to consider that the freight is moving on a collect basis in accordance with the preceding rule.
6. If, as between the shipper and the consignee, or either of them, it is intended that a third party pay the freight charges in respect of a shipment, then the Bill of Lading must be marked prepaid and a notation thereon made referring to the name and address of the third party to be billed. In such cases Orblogistics agrees to carry such freight upon whatever credit terms might be agreed upon between the third party and Orblogistics. In the absence of such agreement Orblogistics agrees to first look to the third party for payment of freight charges, but in no event shall this relieve the shipper or the consignee from liability for freight charges as herein before stated.
7. Orblogistics is not obligated to accept corrected Bills of Lading or letters authorizing a charge pertaining to payment of freight charges after commencement of carriage.
8. The charges for collecting and remitting the requested amount for COD shipments will be collected from the party responsible for the freight charges.
9. The charges for collecting and remitting each COD bill will be 5% of the COD amount subject to a minimum charge of $90.00.
10. Orblogistics will, upon written authorization from consignor, change the form of payment of COD amounts to accept consignee’s personal cheque when such form of payment was not originally authorized. Consignor must guarantee payment of the charge for re-delivery, if any.
11. When tendering a Collect on Delivery shipment the letters “COD” must be inserted on the Bill of Lading or shipping documents in large, easy to read writing.
ITEM 543 Uncollectible Charges
Orblogistics at its discretion may take possession of goods being shipped as a specific lien, retaining possession of the shipment until payment has been made for such shipment, or as a general lien retaining shipments in its possession until full payment of any customer debt whether the debt was incurred with respect to those shipments or past shipments. After taking possession Orblogistics will provide the customer fifteen (15) days notice of its intention to dispose of the merchandise unless payment is received in full. Proceeds from such disposal will be applied toward satisfying the outstanding debt. In the event of a shortfall, the customer will be held liable for any remaining balance outstanding.
ITEM 544 Applicable Fuel Surcharges