RULES TARIFF/TERMS AND CONDITIONS FOR TRANSPORTATION SERVICES PROVIDED BY CELESTIAL FREIGHT SOLUTIONS LLC. CFS TRANSPORTATION LLC, CELESTIAL TRANSPORTATION LLC AS REFERRED TO IN THIS DOCUMENT AS (Celestial/CFS)
The following terms and conditions apply to the services provided by the above-named carrier in addition to the contract provisions contained in the standard uniform domestic bill of lading published in Item (Item 360) of the current National Motor Freight Classification (“NMFC”) in which the above-named carrier is a participant. To the extent the terms, conditions or provisions of any bill of lading or other contract for transportation which may be provided by any party for whom the above-named carrier provides transportation services, they are void and unenforceable. Signature on any bill of lading or other contract for transportation services signed by the above-named carrier’s driver or other representative is without authority to alter the terms and conditions of this Rules Tariff or the contract provisions contained in the standard uniform domestic bill of lading published in Item 360 of the current National Motor Freight Classification (“NMFC”).
1) All shipments will be assessed an applicable fuel surcharge. The rate of the surcharge is based on the national average for the week the freight is tendered. The fuel surcharge will fluctuate weekly.
2) Celestial / Celestial Warehouse have a liability of $ .50 per pound with a $50.00 minimum and shall not exceed $100,000 per shipment. This liability shall not exceed actual replacement cost. Unless a higher value is declared and paid for at the time the shipment is tendered a higher value will not be accepted.
3) In the event that Celestial/CFS inadvertently accepts a shipment that exceeds the value and limits of liability as described in section (2). The limits of liability will remain at .50 per lb and will not exceed 100,000 dollars.
4) All claims must be filed within (9) months and will be resolved within one hundred and twenty (120) days of filling. An intent to file a claim must be filed within (60) days of delivery. Celestial/ CFS requires that all claims be available for inspection and original packaging be available. We reserve the right to obtain possession of all merchandise presented in the claim once paid for.
5) Celestial / CFS assume no liability for breakdowns, weather or acts of God that will result in a claim due to delays in transit. All transit times are estimates and are not guaranteed. Guaranteed service is available and at the time of shipment it must be requested in writing and acknowledged. An additional premium will be assessed.
6) Celestial/ CFS reserves the right to refuse any load or shipment if it feels that the transportation of said cargo is unsafe for travel. This refusal is at the discretion of the driver and the dispatcher. Any shipment loaded by the shipper improperly that results in a fine or causes damage to the freight is the responsibility of the shipper.
7) Any misrepresentation by the shipper shall be the full responsibility of the shipper. The shipper will be responsible for all fines, fees or court cost associated with any misrepresenation.
8) Celestial / CFS are not responsible for loading the trailers and securing the freight. The shipper will take full responsibility to insure the proper shipment is loaded in its entirety and secured properly before the driver is released.
9) Any Shipment that the driver is not allowed to count or is unable to count will be signed shipper load and count (slc), said to contain (stc) or words of similar meaning or reference. This terminology will release the carrier (Celestial /CFS) form any liability of missing product.
10) Section 7 must be signed to release the consignor of the liability of the freight charges. (The carrier shall not make delivery of this shipment without payment of freight and all other charges.). Failure to do so will obligate the shipper to pay for the freight charges if the consignee shall fail to do so within 60 days of invoice.
11) All outstanding invoices are subject to a 5% surcharge per month if not paid within 30 days of invoice. Any shipment tendered with a third party bill to will also be the responsibility of the consignee and the consignor if not paid by the third party.
12) The terms and conditions of the (Celestials/ CFS) BILL OF LADING will take precedence regardless of the BILL OF LADING provided and used for this shipment. The carrier (Celestial/ CFS) limitations as outlined in the above section (2) above will supersede the limitations on any other BOL provided and used.
13) (Celestial/CFS) when working with a forwarder or third party facility will have the rights and limitations to shipment valuation awarded to the forwarder or third party facility if those limitations are lower.
14) All limitations, valuations, terms and conditions and additional charges as outlined above can only be changed or altered in writing if agreed to by both parties prior to transportation services.
15) Any Carrier other than a CFS Transportation truck accepting and signing for the load will be responsible for the full value of the load regardless of who the load has been tendered to. The brokering of any load without written permission from Celestial/ CFS is strictly prohibited and could result in a delay or reduction in payment.
16) All carriers/partners must abide with all rules and regulations outlined by the Federal Highway Commission. Drivers/Companies who fail to follow safe driving regulations and procedures will no longer be used.
17) All injuries, property damage , freight damage, or death that results from unsafe driving procedures and federal driving violations is the responsibility of the driver and the company the load has been brokered to or assigned to. This will apply to all loads leased , brokered, or assigned to another company regardless if that company has brokered , leased or assigned the load to someone else.
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