Terms and Conditions For Drayage
and Intermodal Transportation Service
January 1, 2019
*We do not handle any overweight Containers.
| Legal Allowable Gross Weight 38,000 lbs (Reefer 37,600lbs)
|
| Legal Allowable Gross Weight 43,950 lbs (Reefer 43,200lbs)
|
| Legal Allowable Gross Weight 44,500 lbs
|
***Please submit all Delivery Orders to tfl@evansdelivery.com***
NOTE: THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS ON THIS DOCUMENT – PLEASE READ CAREFULLY.
If you tender freight to us, the tender of freight will be an acceptance of our terms and conditions on this document. If you have any dispute to our terms and conditions above, please advise before tendering freight. If the terms and conditions are acceptable, please submit your work orders to tfl@evansdelivery.com and your shipment will be handled expeditiously.
If we are picking up a box for you as you have requested, and the receiver/shipper cannot receive/load this load within the free days (per Steam Ship Line) allowed. Per Diem will be your responsibility. Per Diem charges start at $90 per day plus a $30 Evans Delivery processing fee. Please see your UIIA agreement with steamship lines for specific Per Diem charges. You are responsible for notifying us in writing once the equipment is available for pick up. We will then require 48 hours notice prior to your per diem exposure to end in order to be able to fit your shipment into our schedule. On all Special Equipment(s) we are not responsible for any per diem and full responsibility is passed on to our customer (Bill To). You are responsible for the condition and security of the container while it is in your possession. Shipments that are overweight and not limited to gross weight, any axle will incur all charges and passed on to customer. Export Shipments not meeting any terminal(s) Verified Gross Mass (VGM) Guidelines prior to arrival will incur Void out fee, daily storage charges, Redelivery charges for returning the equipment back into the terminal and any Per diem or Rolled booking will be responsibilities of our Customer (Bill To). For further details please see the Evans rules & Tariffs under online services on our website www.shipevans.com . For any future rate needs please feel free to contact us. You may also E-Mail: TFL@evansdelivery.com This quotation is valid for a period of seven (7) days from the date of the rate quote email. Quotations are not valid unless terms and conditions are accepted by the customer. Sending a Delivery Order (Work Order) to Evans Delivery at the email address shown above means you accept all our Terms and Conditions. This quote may not include charges for all accessorial services. These additional service charges will be quoted as required and are subject to acceptance before services are rendered. This rate quote will supersede all previously quoted rates, rate schedules and tariffs. This email also constitutes the agreement with Evans Delivery Co. Inc. extension of credit per U.S. Code or UCC code whichever is applicable and your full agreement to NET 30 terms. Any Changes made to any order must be submitted in writing and confirmed. Any charges due to the changes will be added to the Invoice.
INTRODUCTION
Application of Tariff; Conflicts with Agreements:
This Rules Tariff applies to all shipments tendered for transportation by Evans Delivery Co. the TFL Terminal only, an indirect subsidiary of Evans Delivery Co. and a licensed motor carrier (referred to in this Tariff as “Carrier” or “we” or “us” or “our”). In the event of any direct inconsistency between the terms and conditions set forth in this Tariff and in a written agreement signed by our authorized representative, the terms and conditions in the written agreement will prevail. If the terms of the written agreement and the terms of this Tariff are not inconsistent (for instance, the written agreement does not address an issue addressed by the provisions of this Tariff), the terms of this Tariff shall apply in addition to the terms in the written agreement.
Changes to this Tariff:
This Tariff may be changed from time to time without notice, although we will generally endeavor to provide 30 days prior notice of any change. Customers are advised that the terms, conditions, limitations and charges set forth in this Tariff in effect on the shipment tender date shall apply. The current version of this Tariff may be obtained from our website at https://customer-suite.shipevans.com/portal/kb/articles/terms-and-conditions-for-drayage-and-intermodal-transportation-service.
Terminology:
As used in this Tariff, “Customer” refers to the person or entity contracting to engage our services with respect to a shipment as well as any other person or entity having an interest in the cargo, including the shipper, consignee, consignor, any third party logistics provider, ocean carrier, transportation broker, intermodal marketing company, and the beneficial owner. “UFC” refers to the Uniform Freight Classification.
EFFECTIVE DATE
January 1, 2019. This Rules Tariff supersedes all prior tariffs issued previously by us.
LINE-HAUL RATES AND PAYMENT
Application of Rates:
Intermodal trucking line-haul charges generally represent standard rates for round-trip (load empty) TOFC/COFC moves on FAK stay-with loads. Charges for miscellaneous services, often called accessorials, are not included in our line-haul rates. All additional charges are the responsibility of Customer paying the line-haul charges. To be valid and enforceable, an authorized Carrier representative must confirm, in writing, any mutually agreed upon exceptions to the terms, conditions, accessorial or other charges described in this Tariff.
Payment Terms:
No COD. All invoices are due and payable within twenty-one (21) days. A finance and collection charge of 5% will be added to any invoices not paid within twenty-one (21) days after the invoice date. An additional fee equal to the greater of (1) one-third of total amount due or (2) the actual costs incurred will be added to any invoices that must be turned over to a collection agency, attorney, or other outside party for recovery.
No Offsets:
THE REDUCTION OR OFFSET OF AMOUNTS DUE TO CARRIER FOR CARGO CLAIMS, PER DIEM EQUIPMENT, STORAGE OR OTHER CHARGES, INVOICE DISPUTES OR ANY OTHER AMOUNT ALLEGED TO BE DUE FROM CARRIER IS NOT PERMITTED UNLESS AUTHORIZED IN WRITING BY CARRIER BEFORE SUCH OFFSET OR REDUCTION IS M ADE.
Intermediaries:
Freight forwarders, intermodal marketing companies, property brokers, third-party logistics companies, and other intermediaries are considered to be agents of the beneficial owner of cargo transported. Carrier may bill such intermediaries as a convenience to the shipper but will retain recourse to the shipper and/or consignee for nonpayment of fees. Any intermediary that bills or collects on behalf of a third party freight charges that are due to Carrier shall receive such payment in constructive trust to the extent such charges are due and owed to Carrier.
Fuel Surcharge:
Our line-haul rates are subject to a fuel surcharge. The following fuel surcharge matrix is based on the DOE's National Average Diesel Fuel Index by PADD published by the Energy Information Administration every Monday. The index is available on the internet at www.eia.doe.gov. Revisions to this surcharge will occur the day after the DOEposts its weekly fuel index.
Fuel Fuel
Surcharge Surcharge
|
$3.400 or
| $3.449
| 25.00%
| $4.250
| $4.299
| 33.50%
|
$3.450
| $3.499
| 25.50%
| $4.300
| $4.349
| 34.00%
|
$3.500
| $3.549
| 26.00%
|
| $4.350
| $4.399
| 34.50%
|
$3.550
| $3.599
| 26.50%
|
| $4.400
| $4.449
| 35.00%
|
$3.600
| $3.649
| 27.00%
|
| $4.450
| $4.499
| 35.50%
|
$3.650
| $3.699
| 27.50%
|
| $4.500
| $4.549
| 36.00%
|
$3.700
| $3.749
| 28.00%
|
| $4.550
| $4.599
| 36.50%
|
$3.750
| $3.799
| 28.50%
|
| $4.600
| $4.649
| 37.00%
|
$3.800
| $3.849
| 29.00%
|
| $4.650
| $4.699
| 37.50%
|
$3.850
| $3.899
| 29.50%
|
| $4.700
| $4.749
| 38.00%
|
$3.900
| $3.949
| 30.00%
|
| $4.750
| $4.799
| 38.50%
|
$3.950
| $3.999
| 30.50%
|
| $4.800
| $4.849
| 39.00%
|
$4.000
| $4.049
| 31.00%
|
| $4.850
| $4.899
| 39.50%
|
$4.050
| $4.099
| 31.50%
|
| $4.900
| $4.949
| 40.00%
|
$4.100
| $4.149
| 32.00%
|
| $4.950
| $4.999
| 40.50%
|
$4.150
| $4.199
| 32.50%
|
| $5.000
| $5.049
| 41.00%
|
$4.200
| $4.249
| 33.00%
|
|
|
|
|
The same formula will be used for prices above $5.049.
PADD 1A: New England Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
PADD 1B: Central Atlantic Delaware, District of Columbia, Maryland, New Jersey, New York, Pennsylvania
PADD 1C: Lower Atlantic Florida, Georgia, North Carolina, South Carolina, Virginia, West Virginia
PADD 2: Midwest Illinois, Indiana, Iowa, Kansas, Kentuck y, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Ohio, Oklahoma, Tennessee, Wisconsin
PADD 3:
| Gulf Coast
| Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Texas
|
PADD 4:
| Rock y Mountain
| Colorado, Idaho, Montana, Utah, and Wyoming
|
PADD 5:
| West Coast
| Alaska, Arizona, Hawaii, Nevada, Washington, Oregon
|
Special Rate Quotations:
A special rate quotation (“SPQ”) is required to evidence any special line-haul rates that we may issue due to volume, special services, special equipment or origins or destinations not covered by existing rates. If an SPQ is needed, please contact the applicable regional pricing center at the email address below. If an SPQ applies to a shipment, the SPQ number must be stated on the prenote.
Overcharges and Undercharges:
Customer should promptly notify us of any invoice disputes. Under federal law, if we allege undercharges or Customer alleges overcharges, duplicate payment, overcollection or other invoice disputes, we and Customer each must give notice of such claims or unidentified payments within 180 days of receipt of the invoice or paymentdeclination and must file a civil action or arbitration proceeding within eighteen (18) months of delivery or tender of delivery of the shipments involved. The processing, investigation and disposition of overcharge, unidentified payment, duplicate payment, or overcollection claims shall be governed by federal regulations 49 C.F.R. Part 378 (or any successor regulation).
Mileage:
All mileage will be calculated using PC Miler, practical route, current version in effect at the time of shipment.
SHIPPING INSTRUCTIONS
Prenote:
All prenotes must state the line-haul rate and fuel surcharge to be considered valid. Customer must submit notification by 3:00 pm, local time, the day before the shipment is expected to be picked up or delivered. Any accessorial services requested (such as driver load, unload, count, stop-offs) and any pre-approved miscellaneous charges that differ from those in this Tariff should be stated on the prenote. Prenotes may be provided to us by e-mail, facsimile, electronic data interchange or other mutually agreed-upon means. We reserve the right to decline any shipment for any reason.
Additional Data in Prenote:
The prenote should also include the following information: (1) Name of Customer; (2) Telephone number of Customer’s office providing the shipping instructions; (3) any SPQ number applicable to the shipment; (4) STCC number of the commodity; (5) Commodity description; (6) Container identification number (e.g., PACU 480001), including any equipment substitution number, if applicable; (7) Container length and height; (8) Shipment weight in pounds; (9) Service required (i.e., ramp to consignee, consignor to ramp, pier to ramp, ramp to pier); (10) Shipment origin and contact numbers; (11) Shipment destination and contact numbers; (12) Any special routing or handling instructions (such as reefer temperature, fumigation, stop-off locations); and (13) Overdimensional size (if applicable).
Commodity Descriptions:
With heightened focus on transportation security, Customers must provide more detailed and accurate descriptions of commodities. Descriptions such as “FAK (Freight All Kinds),” “SLAC (Customer Load and Count),” chemicals, household goods, sporting goods and consolidated cargo are no longer acceptable. Those descriptions are too vague and do not specifically describe a commodity. Customer should avoid use of vague catchall phrases and industry jargon. An example of an improved description may be “golf clubs” and “golf balls” instead of “sporting goods”; or “television sets” instead of “electronics.” Failing to provide accurate and detailed descriptions may result in transportation delays, additional accessorial and related costs and other adverse consequences.
Substituted Service:
For its operating convenience, EVANS DELIVERY reserves the right to hire other qualified carriers as subcontractors to provide all or part of a given movement. EVANS DELIVERY agrees to perform the services at the applicable Customer rates when substituted services are provided and will cause the substituted carrier to comply with all terms, conditions, duties and obligations owed to the shipper under this Rules Tariff or any applicable bill of lading and/or Customer contract. carrier to comply with all terms, conditions, duties and obligations owed to the shipper under this Rules Tariff or any applicable bill of lading and/or Customer contract.
COMMODITY RESTRICTIONS AND REQUIREMENTS
Hazardous Materials:
Any container or trailer loaded with materials deemed to be hazardous requires the services of a driver with special hazardous materials endorsements. Customer must comply with applicable federal regulations, including 49 C.F.R. Parts 100 to 185, when tendering hazardous materials. Among other requirements, Customer must provide a legible bill of lading with proper hazardous materials information,including the shipper’s certificate containing all required information such as the emergency response number and information, and must affix any required placards before or at the time that the shipment is tendered to us for transportation. The additional charge for handling containers/trailers containing hazardous materials is $125.00 plusout-of-route mileage.
Failure to disclose the presence of hazardous materials or to comply with these requirements will relieve us of any liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any hazardous materials found to have been mis declared may be warehoused at Customer’s risk and expense or destroyed without compensation. In addition to all other charges that may apply to that shipment and without limiting other remedies available to us, we may assess an administrative charge, as liquidated damages not as a penalty, of (a) $2,000 for any shipment of hazardous materials that is not declared as containing hazardous materials or (b) $500 if declared as containing hazardous materials but not shipped, placarded and documented as required by applicable regulations.
Restricted and Prohibited Commodities:
The rail transportation providers prohibit and restrict the transportation of certain commodities through their rail networks. We generally do not accept shipments containing commodities prohibited by the rail transportation providers and require an SPQ for any commodities restricted by the rail transportation providers. In addition to commodities restricted or prohibited by the rail transportation providers, we do not accept shipments containing the following commodities (and our rates cannot be used for such commodities) and Customer agrees not to tender any of the following commodities for transportation by us: (1) animals, fish, or fowl, trophies, stuffed or mounted or research cadavers; (2) asbestos products as described in item 6400 of UFC; (3) asbestos insulation as described in items 53170, 53210, and 53350 of UFC; (4)asbestos, scrap as described in item 6600 of UFC; (6) blown aluminum scrap pieces; (7) carbon black; (8) cigar, cigarettes, snuff and manufactured tobacco products; (8) coal or coke; (9) explosives as described in Classes A and B in Tariff BOE 6000 Series; (10) green, green salted, pickled or dry hides, pelts or skins (not dressed or tanned only); (11) hazardous waste; (12) iron oxide slurry residue for extraction of iron; (12) lime sludge or waste; (13) liquid corrosive materials, in excess of 25% of total weight; (14) livestock; (15) metal coils (unless the coils range from 1/8 inch to 1.0 inch in width and are reeled in a package, packaged in cardboard or paper with each reel not weighing more than250 pounds); (16) missiles, rockets, guided; guidance systems or electronic guidance control apparatus; or mobile missile guidance control systems, missile or launching apparatus and related equipment; (17) motor vehicles, freight or passenger, or combination of freight and passenger; (18) radioactive materials (as described in Item UFC 6000-A); (19) sodium compounds (as covered by STCC 28-123 of STCC Tariff 6001-K); (20) scrap engine parts; and (21) steamrollers or other heavy road equipment.
MISCELLANEOUS AND ACCESSORIAL CHARGES
Types of Accessorial
Charges
| Amount of Charges and Description
|
Appointment Cancellation
| $100 per Occurrence. Applies when Customer Cancels Appointment without rebooking.
|
Bob Tail
| $1.75 per mile $100 minimum
Applies if unloaded power unit travels to another location to be available to move a shipment.
|
Chains & Binders
| $100
|
Chassis Fee / Day
| $30 per Calendar Day
|
Chassis Split
| $80 Applies when pick up or termination of chassis/container to a location other than the shipment terminal location is required.
|
Congestion (Terminal)
| $150
|
Custom Bond
| $50
|
Customs Inspection
| $175 for a stop at authorized a CES location.
|
Demurrage/Storage Charges
| Demurrage charges which are the responsibility of the Shipper, Consignee or any other party will be reimbursed to Evans at actual cost plus 10% administrative handling fee.
|
Driver Assist and/or Count
| $100 per hour - No free time and no minimum time period. Paid in 15
minute increments. Only available if requested in advance.
|
Driver/Power Unit Free Time
| Customer Facilities: Live load/unload, 1 hour free; drop location, 30 minutes free. Free time begins when container/trailer is available for loading or unloading and ends when the container/trailer is released after loading or unloading. If appointment is first-come, first-served, free time begins when the trailer/container arrives at customer’s facility, or when the facility opens for business, whichever is later.
Rail or marine terminals/yards, and Customs Facilities: 30 minutes free. For marine pick-ups/deliveries, free time begins when the power unit arrives at the harbor terminal and ends when the power unit exits the harbor terminal.
|
Dry Run
| 100% of applicable drayage rate
|
Dunnage Removal/Cleaning of Trailer
| On site $100 / Off-site $200 for general sweep out and dunnage removal Additional fees may be assessed for other services, such as washouts, disposal, steam cleaning, reefer services and dunnage transportation to another location.
|
Expedited Delivery
| $125 for local / $225 for OTR (greater than 300 miles)
Based on Availability and available legal driving time. Applies when Customer requests delivery on same day as Date of Arrival notification.
|
Flips
| $50 plus terminal operator charges ($50) at actual cost and applicable driver detention.
Applies when Container must be flipped from one Chassis to another.
|
Haz. Mat.
| $150 per shipment + any out of route miles.
|
Layover
| Weekday $300 / Weekend $475 per night
|
Liquor Fee
| $125 per state. Illinois $300
|
Lumper
| $25 plus Lumper cost
We reserve the right to engage helpers at Customer’s expense to assist the driver in loading or unloading the shipment when any of the following conditions apply: (1) the piece count exceeds 1,000 pieces, (2) the individual pieces weigh more than 70 pounds, (3) the total shipment weight exceeds 45,000 pounds or (4) sorting of cargo is required, in addition to loading or unloading.
|
No Rail Yard Billing
| $75 per hour
Billed in 15 minute increments.
Applies when driver must wait because rail billing for the shipment has not been provided to railroad by the time the shipment arrives at the rail ramp.
|
Out-of-Route
| $150 plus $1.50 per mile plus fuel surcharge
|
Overweight/Overload Fines
| $100 plus Cost of fine and any other associated cost.
|
Overweight Permit /Liquor Fee
| $125 per state. Illinois $300
|
Pre-Pull
| $175
|
Rail, CY or other Third-Party Yard
| Actual cost assessed by storage facility plus 2% administrative fee.
|
Redelivery/Reconsignment
| 1st stop rate $150 + any out of route miles.
|
Refused Delivery
| 100% of Drayage Rate plus additional Chassis charges and Perdiem Charges.
|
Residential Delivery | $150 |
Scale
| $50 per weigh ($100 for weighing both light and heavy weights of a trailer) + out of route miles.
|
Shipment Cancellation
| $50 for shipment cancellation with less than 24 hours notice. Dry run charges may apply if the shipment has already been dispatched or the empty.
|
Shipment Changes
| $25 for each approved change in the origin or destination. After the driver has been dispatched, any changes to the origin or destination stated on the prenote must be approved by us. We will endeavor to comply with the requested change in circumstances where it can be accommodated.
|
Shipments Requiring Protection from Heat or Cold; Refrigerated Equipment
| $150 per shipment
Need for temperature protection should be noted in advance.
We are not liable for any loss, damage or destruction to cargo requiring protection from heat or cold caused by failure of the temperature-controlled equipment or protective services or for any maintenance, inspection, refueling, or other protective services involving such equipment.
|
Storage
| $50 per day per loaded trailer (dry equipment); $100 per day for reefers.
|
Split Container/Chassis Fee
| $85 per container or chassis
Applies when pick up or termination of chassis/container to a location other than the shipment delivery location is required. Some exceptions may apply, check with Terminal Manager for specifics.
|
Stop Offs – Multiple Stops per (1) customer order
| 1st stop: $175 Any subsequent stop: $200
Customer, not the Carrier, is responsible for packaging, loading, blocking and bracing each partial load within the trailer so that safe transit can be achieved to the next stop. At the next stop, it is Customer’s responsibility to package, load, blocking and bracing each partial load within the trailer so that safe transit can be achieved until the final destination.
|
Tarping
| $100 per shipment requiring placement of a tarp on and off the shipment.
|
Additional Terms:
Upon notice or presentation of accessorial charges from us via facsimile, email, EDI or other acceptable method, Customer must approve or confirm receipt of such accessorial charge and communicate such approval/confirmation to us within two (2) days. Accessorial charges are cumulative, and assessment of one accessorial charge will not preclude assessment of other applicable accessorial charges incurred for the same shipment or circumstance. If accessorial services not listed in the table above are necessary, the charges for such services will be established by Carrier and Customer at the time such services are necessary. The term “trailer” also refers to containers and chassis. If Customer knows that a shipment will require accessorial services, Customer should notify us of the type of accessorial service(s) required at the time Customer tenders the shipment in the shipping instructions. Customer will also notify us of any caustic or toxic commodities contained in a shipment (if not otherwise hazardous materials requiring notation on the shipping documents) in advance to allow for the taking of appropriate precautions by personnel doing the transportation and related services.
EQUIPMENT DETENTION
Definitions:
- Detention Charges – All storage, per diem, and/or demurrage charges related to usage of private, rail-controlled, or steamship-controlled intermodal containers, trailers and/or chassis.
- Day of Availability (“DoA”) – The earliest date an empty or loaded intermodal unit is fully available at a rail ramp, ocean pier or shipper/consignee to be picked up, delivered or returned. Equipment must have all releases satisfied and must be mounted and prepared on a road-worthy chassis if at a mounted facility or must have a road-worthy chassis available if at a grounded facility.
- Customer Notification – The date Customer submits a written request to us for movement of a loaded or empty intermodal unit from a rail ramp, ocean pier or shipper/consignee facility.
- Dray Rate – Line haul trucking charge, excluding accessorial charges or fuel surcharges.
- Business Day – Any weekday, excluding weekends and holidays.
Liability for Charges: We will not accept liability for Detention Charges if such charges are not due solely to our negligence, including per diem charges that begin accruing after the date an intermodal unit is dropped at a shipper/consignee location. Customer’s liability for Detention Charges ends on the second (2nd) business day following the receipt of DoA notification, unless we are unable to return the unit to the port, ramp or other facility due to force majeure conditions or the acts or omissions of Customer, the equipment owner or other third party.
Accepted methods of DoA notification are limited to:
• Email sent to tfl@evansdelivery.com, Email must clearly identify equipment available.
• Fax sent to 201-309-0711. Fax must clearly identify equipment available.
Drop Yards: In order to reduce or eliminate storage charges at a rail ramp or ocean pier, we may shuttle a loaded intermodal unit to an offsite drop yard. Additional charges are usually billed for such moves. If such a shuttle is done for Customer’s convenience or benefit, we will accept no liability for Detention Charges that may accrue while the intermodal unit is at the drop yard.
Return Moves: Volume imbalance may result in a bobtail charge to terminate empty or loaded equipment that is accruing Detention Charges, if no return move is immediately available when the tractor drops the equipment. Customer may avoid such bobtail charges by notifying us in writing of Customer’s agreement to pay for all Detention Charges incurred as a result of forgoing the bobtail move. Such charges do not apply to “live load/unload” moves.
Appointments: We will not accept liability for any Detention Charges resulting from rescheduled appointments, unless the appointment was rescheduled due to our fault (e.g., not due to force majeure conditions or acts or omissions of any Customer or any other third party). When due to our fault, we will accept liability for no more than forty-eight (48) hours of Detention Charges resulting from a rescheduled appointment.
Detention Billed to Evans: We will charge Equipment Detention to Customer based on below fee schedule. Customer will be invoiced within thirty (30) days after the later of (a) return of the equipment to its rightful owner or (b) the receipt of the per diem invoice from the equipment owner.
Equipment
| Free Time
| Tier 1 Days
| Tier 1 Fee
| Tier 2 Fee
|
Dry container
| 3 Days
| 3 Days
| $180/Day
| $250/Day
|
Reefer container
| 2 Days
| 2 Days
| $425/Day
| $500/Day
|
All other
Equipment types
|
2 Days
|
2 Days
|
$150/Day
|
$250/Day
|
Detention Billed Directly to Customer:
Detention Charges are often billed directly to the Customer or third party instead of us. Customer may then invoice us for the portion of the Detention Charges for which we are liable. Customer may not invoice us for Detention Charges for any amount that is higher than Customer’s obligation to the equipment owner. Customer may not “short pay” freight charges or deduct charges from freight bills, unless authorized to do so, in writing, prior to the deduction. We will not accept invoices without proper backup documentation or invoices that are received more than 30 days after equipment termination. We reserve the right to dispute the charges within 30 days of receipt of the proper documentation and invoice. If Customer response to any such dispute is not received within 30 days, it will be presumed that the dispute has been accepted and the invoice voided.
Calculation of Detention Charges:
Equipment owners typically charge escalating daily rates for equipment Detention Charges. For example, domestic per diem rates may be as low as $15 on the first day after free time elapses, but then gradually increase to $100 per day or more a week later. When Detention Charges are billed directly to Customer and then invoiced back to us for the portion of the Detention for which we are liable, we will only pay the “Average Daily Rate” (not the escalated rate). For example, suppose an equipment owner submits to Customer a $145 bill for Detention Charges, which includes $15/day for the first 3 days after free time expires, and another $50/day for 2 subsequent days. The “Average Daily Rate” equals $29/day, calculated over 5 days of usage after free time expired. If we are liable for only two days of Detention Charges, we will compensate Customer for $58 of the total bill. EVANScharges an 18% administration fee per invoice on steamship line per diem that is billed to and paid by EVANS on behalf of your account.
TRANSPORTATION DELAYS
We will provide transportation with reasonable dispatch and will use commercially reasonable efforts to meet all reasonable pick-up and delivery appointments. However, we do not guarantee adherence to any particular transit or appointment schedule and are not liable for delay, interruption or other failure to transport any shipment by any particular appointment time. We are not liable for alternative transportation costs, other direct expenses or consequential, special, indirect or exemplary damages arising out of any delay to shipments unless Customer has informed us in written or electronic form, prior to or when tendering the shipment to us, of the potential nature and type of such delay-related damages, and we specifically agree in written or electronic form to accept responsibility for such damages. Customer notations on a delivery receipt or bill of lading signed by a driver does not constitute adequate notification and/oracceptance of such special damages.
SHIPMENT WEIGHTS AND SIZES
Our Rights Re: Overweight Shipments:
We have the right (but not the obligation) to (1) have any loaded container or trailer weighed to determine if it conforms with safe handling rules and applicable federal, provincial, state and municipal laws and (2) to hold and transload all or a portion of the cargo to another trailer or container if we become aware that the trailer or container is overweight. Customer is responsible for all associated costs, including, without limitation, the cost of transloading, using and moving the trailer and container and any resulting storage charges. In states that issue permits for overweight shipments, Customer must reimburse us for the actual cost of the permit.
We will not knowingly violate weight restrictions under federal, state or municipal laws. Customer must provide advance notification of overweight shipments. Customer warrants that we may rely on Customer’s documentation as to the amount of weight associated with a loaded container or trailer. In determining the weight, Customer will take into consideration the tare weights of the container and chassis or trailer, the position of the vehicle tandems (if sliding) prior to loading and the weight distribution of the cargo (including anyblocking or bracing).
Handling of Overweight Shipments:
If an overweight problem is determined after pick up and before reaching the origin terminal, we will return the shipment to the consignor for correction if permitted. If the shipment cannot be returned, Customer will arrange for correction of the overweight condition at Customer’s expense. If an overweight problem is determined after arrival at the destination rail terminal and before reaching the consignee, the shipment will be delivered to the consignee if permitted. If the shipment cannot be delivered, Customer will arrange for correction of the overweight condition at Customer’s expense. Customer is responsible for all charges associated with the pick up or delivery as originally arranged, as well as all additional costs or charges arising out of the overweight condition, including but not limited to storage, detention and redelivery charges.
Oversize Equipment:
Due to the variety of road restrictions within our operating area, equipment over 96 inches wide and over 45 feet long may in some circumstances be considered illegal to be operated on certain roads. Customer is responsible (and will reimburse us) for any fines, expenses, violations, delays, costs and accidents resulting from any equipment considered over width or overlength in violation of restrictions under federal, state, provincial or municipal laws. We may incur out-of-route mileage (for which Customer will be responsible) to avoid violating equipment size laws.
FORCE MAJEURE
We will be excused for any failure to perform our services due to any cause beyond our reasonable control, including without limitation: fire; explosions, strikes, work stoppages, labor strife, riot, war, acts of the public enemy; acts of God, including floods, hurricanes, tornadoes, earthquakes, unusually severe weather, and natural disasters; acts of terrorism; local or national disruptions to transportation networks or operations; road closures; material equipment repairs; fuel shortages; governmental regulations; embargo; quarantine; or governmental request or requisition for national defense. We will use commercially reasonable efforts to continue our performance to the extent not affected by the force majeure event.
SHIPPER OBLIGATIONS
Customer or its shipper is responsible to count and record all contents of shipments moved under this Tariff and to apply a protective seal to the loaded equipment, unless Customer has arranged before dispatch for us to provide these services. Customer will or will cause the consignor to load, block, brace and secure all cargo to prevent shifting as appropriate for the selected mode of transportation. Customer will not tender any hazardous materials and waste, high value shipments (+$100,000 in value), oversize or overweight shipments or commodities requiring protection from heat or cold, unless such shipments have been properly identified and Customer has made the necessary prior arrangements with us. Although we will inspect any empty containers or trailers before delivery to Customer, Customer will also inspect all empty containers and trailers tendered for loading and reject any equipment that is not in apparent suitable condition to protect and preserve the cargo during transportation and notify us of any rejected equipment. Customer will and will cause its consignors or consignees not to lose, damage or misuse tractors, trailers, containers, chassis or other equipment and will pay for any loss or damage resulting from Customer’s or its consignors or consignee’s possession or use of such equipment.
NOTE: THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS ON THIS DOCUMENT – PLEASE READ CAREFULLY.