- Compliance With Law
- Shipper Instructions
- Payment and Charges
- Cancellation of Order
- Indemnification and Limitation of Liability
- Servicing Motor Carriers
- Broker Insurance
- Cargo Loss, Damage, or Shortage
- Shipping Documents
Note the following Terms and Conditions govern Bulkmatic Solutions brokerage services provided for all Bulkmatic Solutions customers unless there is a signed written agreement in place between Bulkmatic Solutions and the customer. For the terms and conditions that apply when Bulkmatic, LLC has a direct relationship with a customer and is acting as a motor carrier, please click here.
The following Terms and Conditions are a legal contract between any shipper, consignor, consignee, or any other entity claiming an interest in the goods for which Bulkmatic Solutions, LLC, arranges transportation (“SHIPPER”) and Bulkmatic Solutions, LLC (“BROKER”):
Unless expressly superseded by a written contract signed by an officer, BROKER and SHIPPER agree these Terms and Conditions shall govern brokerage service provided by BROKER on behalf of SHIPPER, which shall consist of arranging, but not performing, transportation and related services via third-party motor carriers (“Services”). SHIPPER understands and agrees that BROKER functions as an independent entity, providing property brokerage services, and not as a motor carrier, in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments tendered to and accepted by BROKER hereunder shall be performed by third-party motor carriers (“Servicing Motor Carriers”). BROKER and SHIPPER represent and warrant that their relationship is that of independent contractors and that the respective employees are under their respective exclusive management and control. Nothing in these Terms and Conditions shall be deemed to require BROKER to provide Services upon request of SHIPPER and BROKER reserves the right to accept or decline, in its sole discretion, any particular request for Services.
2. COMPLIANCE WITH LAW.
BROKER represents and warrants that it is duly and legally qualified to operate as a property broker and to provide the Services contemplated herein. BROKER agrees to comply with all applicable federal, state and local laws, regulations, and rules (“Applicable Law”) regarding the provision of such Services. SHIPPER warrants and represents that it is authorized to tender the cargo in question to BROKER and that all descriptions of the cargo are complete, accurate, and include all information required by Applicable Law. Without in any way limiting the foregoing, if SHIPPER tenders for transportation cargo designated as hazardous materials or dangerous goods, SHIPPER shall be solely responsible for complying with any and all Applicable Law with respect to classifying, tendering, packaging and labeling such cargo and must provide notice of any such cargo at the time a request for Services is first initiated by SHIPPER to BROKER, as well as providing the Safety Data Sheet prior to or at dispatch of each shipment containing such hazardous materials or dangerous goods. When requesting service with respect to any shipment containing food that is subject to regulations of the Food and Drug Administration (“FDA”) (hereinafter, “Food”), SHIPPER shall be solely responsible for identifying handling obligations necessary for the safe and sanitary handling of food and, at the time of the initial request for services with respect to the individual shipment, will provide written notice (each a “Food Handling Notice”) to BROKER that the consignment contains Food which Food Handling Notice must also include any special instructions or handling requirements to be imposed on the Servicing Motor Carrier. Any such Food Handling Notice shall specifically identify the consignment to which it relates and in no event shall any Food Handling Notice apply to more than one shipment regardless of whether BROKER confirms receipt of a Food Handling Notice purporting to apply to multiple conveyances.
3. SHIPPER INSTRUCTIONS.
Without limiting the foregoing, SHIPPER shall communicate to BROKER, at the time of the initial request for services, any and all instructions, prohibitions, and service requirements, including, but not limited to, commodity-specific prohibitions regarding previous commodities that cannot have been hauled in any trailer, commodity-specific requirements regarding commodities permitted to have been hauled in any trailer, equipment required, and processes to be followed for loading and unloading, tank washing specifications, etc., applicable to the transportation of SHIPPER’s cargo. BROKER shall pass through and require Servicing Motor Carriers to comply with such instructions. BROKER has no obligation to comply with or pass on to the Servicing Motor Carrier any handling instructions received after the initial request for service. BROKER shall require each Servicing Motor Carrier to use reasonable dispatch. BROKER makes no representations or warranties regarding the timing of or schedule for any pick-up or delivery of SHIPPER’s shipments and, notwithstanding anything to the contrary herein, BROKER shall not be liable for or required to pay SHIPPER any penalty, fee, fine, or other cost related to untimely pick-up or delivery. By loading or allowing the loading of any trailer provided for transportation for the load, SHIPPER warrants and represents: (i) the trailer provided for the load is in compliance with sanitary expectations; and (ii) cargo is appropriately packaged to ensure safe and sanitary transportation without the need for any specialized handling by the Servicing Motor Carrier.
4. PAYMENT AND CHARGES.
BROKER will charge and SHIPPER will pay the accessorial charges set forth in the Accessorial Appendix to these Terms and Conditions, as well as all other rates and charges set forth in a Rate Confirmation Agreement (“RCA”) provided by BROKER to SHIPPER or as otherwise agreed by the Parties, including communication via email, for services provided by BROKER. In the event any accessorial terms or charges in the Accessorial Appendix conflict or are inconsistent with any accessorial terms or charges agreed to by the parties in an RCA or other separate communication, the RCA or other separate communication supersedes and governs. SHIPPER agrees to pay BROKER without deduction or offset, within fifteen (15) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%) per month on any unpaid balance. SHIPPER shall be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. SHIPPER shall also be responsible for any additional accessorial charges imposed by the Servicing Motor Carrier which were not anticipated by BROKER at the time BROKER arranged for services with Servicing Motor Carrier or which were not otherwise included in the rate set forth in the RCA or other communication. If any information provided by SHIPPER is inaccurate or incomplete, SHIPPER acknowledges and agrees that agreed upon rates may, in BROKER’s sole discretion, be revised to reflect the goods actually tendered.
5. CANCELLATION OF ORDER.
SHIPPER will be responsible for any and all reasonable charges in the case of a cancellation of order tendered to BROKER regardless of whether BROKER has already dispatched a Servicing Motor Carrier for such order. If cancellation is within 24 hours of pickup, SHIPPER will also pay BROKER a $250 Cancellation fee. Reasonable charges may include, without limitation, out of route miles, detention and/or layovers for driver wait times, equipment prep costs, washing costs (if trailer was washed for tendered load) and Truck Ordered and Not Used charge. As a service to SHIPPER, BROKER will make its best attempt to find replacement work for the assigned Servicing Motor Carrier and will in good faith work to minimize carrier charges.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY.
(a) SHIPPER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS BROKER, ITS EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST, AND SHALL PAY AND REIMBURSE BROKER FOR, ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES, EXPENSES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO PERSONAL INJURY, PROPERTY DAMAGE, OR ANY COMBINATION THEREOF, SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ANY PERSON OR PERSONS, ARISING FROM OR RELATED TO : (i) BREACH BY SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS OF THESE TERMS AND CONDITIONS; (ii) THE NEGLIGENCE OR OTHER WILLFUL MISCONDUCT OF SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS; (iii) VIOLATION BY SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS OF ANY APPLICABLE LAW; OR (iv) SHIPPER’S FAILURE TO PROVIDE, OR BROKER’S COMPLIANCE WITH OR RELIANCE ON, INSTRUCTIONS, DIRECTIONS, OR REQUESTS OF SHIPPER. THE FOREGOING NOTWITHSTANDING, SHIPPER’S OBLIGATION TO HOLD HARMLESS, DEFEND, INDEMNIFY, PAY AND REIMBURSE SHALL NOT APPLY TO THE EXTENT ANY CLAIM IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BROKER.
(b) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. BROKER IS NOT LIABLE FOR THE CONSEQUENCES OF IDENTITY THEFT OR FRAUDULENT CONDUCT OF THIRD PARTIES, INCLUDING UTILIZING THE SERVICES OF ENTITIES REPRESENTING THEMSELVES TO BE SERVICING MOTOR CARRIERS OR REPRESENTATIVES THEREOF.
(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE RELATIONSHIP OF THE PARTIES HEREUNDER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER THE PARTY TO BE CHARGED HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
7. SERVICING MOTOR CARRIERS.
BROKER shall make reasonable efforts to place SHIPPER’s loads with responsible Servicing Motor Carriers: (i) authorized to perform the services required by SHIPPER for the purposes of transporting the loads with reasonable dispatch under the direction of SHIPPER; (ii) which such carriers do not hold an “unsatisfactory” or unfit safety rating from the U.S. Department of Transportation or similar state agency; and (iii) that possess and properly maintain all insurance coverages required by Applicable Law. BROKER shall require each Servicing Motor Carrier to immediately notify BROKER in the event such Servicing Motor Carrier receives an “unsatisfactory” or unfit safety rating and, upon becoming aware of the same, BROKER shall not use such Servicing Motor Carrier to provide services pursuant to these Terms and Conditions unless and until the Servicing Motor Carrier’s safety rating improves. BROKER makes no express or implied warranties or guarantees concerning delivery time or the locating of a Servicing Motor Carrier to provide the transportation services requested by SHIPPER.
8. BROKER INSURANCE.
(a) BROKER shall maintain the following insurance coverages: (i) contingent auto liability insurance with limits of $1,000,000 per occurrence; (ii) commercial general liability insurance with limits of $1,000,000 per occurrence; (iii) contingent cargo liability insurance with limits of $100,000 per occurrence; and (iv) workers’ compensation insurance as required by applicable state law. Upon SHIPPER’s request, BROKER will provide SHIPPER with a copy of written certificates to show the aforementioned insurance is being maintained. BROKER will use best efforts to give SHIPPER prior written notice of any cancellation or non-renewal with respect to the insurance required by this Section 8(a).
(b) BROKER agrees to require each Servicing Motor Carrier to maintain the following insurance coverages and limits: (i) public liability and property damage insurance with limits of $1,000,000 per occurrence (or such larger amount as required by Applicable Law); (ii) commercial general liability insurance with limits of $1,000,000 per occurrence; (iii) cargo liability insurance with limits of $100,000 per occurrence; and (iv) workers’ compensation insurance as required by applicable state law.
9. CARGO LOSS, DAMAGE, OR SHORTAGE.
(a) BROKER agrees to require each Servicing Motor Carrier to be responsible for the cargo while in its possession and liable for any loss or damage to cargo, including loss or damage caused by the Servicing Motor Carrier’s failure to exercise reasonable dispatch, in accordance with the Carmack Amendment at 49 U.S.C. § 14706, which liability shall be calculated using the actual replacement cost of the lost or damaged cargo, not to exceed $100,000 per occurrence. In the event SHIPPER wishes to declare a greater value of liability in exchange for paying increased rates with respect to any shipment subject to these Terms and Conditions, SHIPPER must make such request to BROKER in writing at least seventy-two (72) hours prior to the scheduled pick-up. The Servicing Motor Carrier’s sole responsibility for delay shall be to the extent the Servicing Motor Carrier fails to use reasonable dispatch and such failure causes loss or damage to cargo. The Servicing Motor Carrier shall not be liable for any shortage on a shipper-load-and-count shipment where the shipment arrived at its destination with seals intact. The failure to indicate “SL&C,” “subject to shipper count,” or like notations on shipping documents shall not be a conclusive determination of Servicing Motor Carrier liability, nor shall BROKER or Servicing Motor Carrier be precluded from disclaiming liability therefore due to such omissions. SHIPPER acknowledges and agrees that failure or alleged failure by the Servicing Motor Carrier to comply with shipment handling instructions, or a broken, missing, or unreadable trailer seal, shall not, in and of itself, be grounds for rejection of a shipment or filing of a claim for cargo loss and damage without proof of actual loss or damage. The Servicing Motor Carrier shall not be liable for cargo loss, damage, or delay for shipments transported in Mexico. If Applicable Law bars such limitation, the Servicing Motor Carrier’s liability shall be the minimum amount allowed by applicable Mexican law or regulation. If it is unclear whether such a claim arose in Mexico there will be a rebuttable presumption that loss, damage or delay arose in Mexico unless rebutted by SHIPPER by clear and convincing evidence.
(b) BROKER may elect to facilitate claims filing and processing with the Servicing Motor Carrier if SHIPPER submits to BROKER, within six (6) months of the date of delivery, a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing the nature and cause of the claim for cargo damage. BROKER may, in its sole discretion and without liability to SHIPPER, discontinue pursuit of claims with the Servicing Motor Carrier if such claim is not resolved within sixty (60) days of receipt by BROKER or if SHIPPER, in BROKER’s sole discretion, fails to cooperate with BROKER in filing of claims with the Servicing Motor Carrier. If BROKER elects not to facilitate cargo claims, BROKER agrees to provide SHIPPER with necessary contract information for the applicable Servicing Motor Carrier so SHIPPER can contact and resolve cargo claims directly with the Servicing Motor Carrier.
(c) BROKER shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by BROKER’s negligent acts or omissions, in which case, BROKER’s liability shall be limited to the charges assessed by BROKER and paid by SHIPPER for the load at issue. SHIPPER is responsible for filing a claim with BROKER alleging BROKER’s liability for cargo loss and damage within six (6) months of the date of delivery of the cargo in question (or, if none, within six (6) months of the date cargo should have been delivered). Failure to do so will result in an absolute bar to any such claim and will relieve BROKER of any and all liability with respect thereto.
(d) Notwithstanding anything to the contrary herein, SHIPPER acknowledges and agrees that the sole liability of BROKER, and each Servicing Motor Carrier, with respect to loss, damage or delay to cargo shall be as set forth in this Section 9 and SHIPPER warrants and represents that if it is not the owner of such cargo, SHIPPER holds authority from such owner to bind the owner to the provisions of these Terms and Conditions.
10. SHIPPING DOCUMENTS.
Shipments tendered hereunder may be accepted on a bill of lading, which shall function as a receipt of the goods only. In no event shall the terms or conditions of any such bill of lading or other document used by SHIPPER and the Servicing Motor Carrier apply to BROKER’s Services or otherwise be binding on BROKER. Upon request of SHIPPER, BROKER shall request that Servicing Motor Carriers obtain a delivery receipt from the consignee, showing the products delivered, the condition of the shipment and the date and time of such delivery (unless not reasonably possible for the Servicing Motor Carrier to obtain signature at the time of delivery). SHIPPER is solely responsible for properly identifying and describing the goods to be transported on any shipping documentation, as well as for complying with all Applicable Law regarding tender of goods for transportation including, but not limited to, those applicable to shipping papers required with respect to shipments of hazardous materials. SHIPPER acknowledges and agrees that BROKER is under no obligation to arrange for any special handling or other services unless expressly timely requested in writing by SHIPPER receipt of which is acknowledged in writing by BROKER.
11. NOTIFICATION OF ACCIDENTS OR DELAYS.
BROKER agrees to notify SHIPPER of any accident or other event of which BROKER is apprised and which prevents the motor carrier from making a timely or safe delivery.
12. LEGAL RESTRAINTS OR FORCE MAJEURE.
In the event performance by one party is affected by any cause beyond the reasonable control of such party, including without limitation, fire, labor strife, riot, war, weather conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions to transportation networks or operations, fuel shortages, governmental regulations, or governmental request or requisition for national defense, and provided that the applicable cause is not attributable to the acts or omissions of such Party, and such Party is taking reasonable measures to remove or mitigate the effects of the applicable cause, then the performance of all obligations required herein shall, with the exception of payment of invoices, be suspended during the continuance of such interruption, and such party shall promptly notify the other party of such interruption. Such period of suspension shall not in any way invalidate this Agreement, but on resumption of operations, any affected performance by such party shall be resumed. No liability shall be incurred by either party for damages resulting from such suspensions.
13. BROKER’S RECORDS.
To the extent allowable under Applicable Law, SHIPPER waives its right to obtain copies of BROKER’s records as provided for under 49 C.F.R. Part 371. Notwithstanding the foregoing, to the extent that SHIPPER obtains records set forth in 49 C.F.R. § 371.3 by any means whatsoever, SHIPPER agrees to refrain from utilizing such records in negotiating for the provision of services with any third party, including Servicing Motor Carriers. SHIPPER further agrees and understands that all such records comprise BROKER’s confidential information and trade-secrets.
The term "Confidential Information" as used herein shall mean any and all information that relates to the Services and is disclosed by a party hereunder ("Discloser") to the other party hereunder ("Recipient") in a written or other tangible form which is clearly marked as being confidential or proprietary or that should otherwise reasonably be understood by Recipient to be confidential and/or proprietary in nature. Recipient may not disclose any Confidential Information to a third party without the written consent of the Discloser except (i) as required by Applicable Law; (ii) to the extent disclosure is made to Recipient’s accountants, tax advisors, attorneys, or any parent, subsidiary or affiliate company; or (iii) as is reasonably necessary to the performance of operations hereunder.
Any term or provision that is held to be invalid or unenforceable shall, as to the jurisdiction in which it is invalid or unenforceable, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of these Terms and Conditions or affecting the validity or enforceability of any of the terms or provisions of these Terms and Conditions in any other jurisdiction.
The captions in these Terms and Conditions are for convenience only and shall not have any effect on the meaning of the Terms and Conditions.
17. DISPUTE RESOLUTION.
These Terms and Conditions shall be deemed to have been drawn in accordance with the statutes and laws of the state of Indiana and in the event of any disagreement or dispute regarding services subject to these Terms and Conditions, to the extent not otherwise governed by federal law, the laws of Indiana shall apply and suit must be brought in Lake County, Indiana as each party specifically submits to the exclusive personal jurisdiction of such courts for disputes involving services rendered by BROKER.
Accessorial Appendix to Terms and Conditions
Title or Kind of Tariff: Rand McNally Mileage Guide
Issuing Carrier: Household Goods Carrier’s Bureau, Agent
MC No.: MC-1071046
Rules and Other Provisions
Which Govern this Appendix
1. ACCESSORIAL CHARGES.
|Accessorial Charge Table|
|Detention – Loading||$125.00 per hour|
|Detention – Unloading||$125.00 per hour|
|Saturdays||$100.00 per load|
|Sundays or Holidays||$150.00 per load|
|Return||½ of the freight rate; plus FSC & Tolls|
|Redelivery||Freight rate, plus FSC & Tolls|
|Reconsignment||$175.00 plus $3.00/mile|
|Truck Ordered Not Used||$500.00 or $3.00/mile whichever charge is higher will be billed, plus FSC|
|Preload||$175.00, plus $3.00/mile|
$600.00 per day driver/tractor only or $750.00 per day driver/tractor & trailer
Weekend & Holiday
$1000.00 per day for driver/tractor only or $1150.00 per day for driver/tractor & trailer
|Outside Scale Charges||$50.00 per scale ticket plus $3.00/mile (minimum charge of $100) for out-of-route miles, plus FSC|
|Extra Hose Charge||$100.00/each additional section|
|Canada Border Crossing||$250.00|
|Out-of-Route Miles||$3.00 per mile|
2. ACCESSORIAL RULES AND TERMS.
a. Application of Rates. The rates in Section 1 are point rates and do not alternate with any other schedule.
b. Pick-up or Delivery Service - In General. The rates named in this Section 1 include pick-up or delivery service at all points within the limits of the cities, towns, villages, and other points from and to which the rates apply, and include, as to any shipment, only one pick-up and one delivery.
c. Surcharges. BROKER reserves the right to apply surcharges as needed based on BROKER’s actual cost of services. SHIPPER will be notified of such surcharges in writing.
d. Detention: Loading or Unloading - Vehicles with Power Units.
i. The first two hours are free. Thereafter, if the loading/unloading of freight is delayed beyond the free time of 2 hours, the charge identified in the “Detention” rows in Section 1 will be billed. This provision will apply in all circumstances and will not be waived if the freight is delivered early or late for whatever reason.
ii. Computation of detention shall commence beginning with the time the Servicing Motor Carrier arrives at the loading/unloading site and end with the time the Servicing Motor Carrier leaves the loading/unloading site. Detention will be billed in quarter-hour increments rounding up to the nearest quarter hour.
e. Pick-up or Delivery Service - Saturdays, Sundays or Holidays. Unless otherwise noted:
i. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Saturday, the charge identified in the “Saturdays” row in Section 1 will be billed.
ii. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Sunday, the charge identified in the “Sundays or Holidays” row in Section 1 will be billed.
iii. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Holiday, the charge identified in the “Sundays or Holidays” row in Section 1 will be billed.
iv. In the event that a Holiday occurs on a Sunday, the following Monday will be considered as the Holiday.
v. When a Holiday occurs on a Saturday, the preceding Friday will be considered a Holiday.
vi. Holidays consist of: New Year’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day.
vii. In the event that a Holiday falls on a Saturday or a Sunday then pick-ups or deliveries on that day will be charged the “Sundays or Holidays” rate identified in Section 1.
viii. In the event a pick-up and delivery occurs on the same day and that day is a Holiday, Saturday, or Sunday, SHIPPER will be charged only once (not two charges for both the pick-up and delivery)
f. Return, Redelivery, Reconsignment.
i. Return Charge: If, for any reason, a shipment that was transported outbound by a Servicing Motor Carrier is rejected by the consignee at destination, it may be returned to the point of origin and, if so, the charge identified in the “Return” row in Section 1 will be billed. This charge will be in addition to the regular rate for the initial rejected move. In addition, applicable tolls costs incurred during the return move shall apply.
ii. If any shipment must be redelivered, for any reason, the charge identified in the “Redelivery” row in Section 1 will be billed.
iii. For any reconsigned shipment, the charges identified in the “Reconsignment” row in Section 1 will be billed. Shipments moving under rates named in this publication may be reconsigned in transit or after arrival at billed destination subject to the following:
A. The term “reconsignment or diversion” means a change in the name of consignee and/or destination of the entire shipment, except as otherwise provided herein, or any other instructions given to BROKER or the Servicing Motor Carrier requiring an addition to or change in billing necessary to effect delivery or involving an additional movement of the truck or both.
B. The charge, identified in the “Reconsignment” row in Section 1, will be billed for all out of route miles, if any. “Out of route miles,” as used herein shall be defined as any miles driven beyond the round-trip miles of original movement.
C. When a truck arrives at the originally billed destination and is requested to stand by for reconsignment instructions, the time consumed while waiting for orders will be billed as detention.
g. Cancellation Charge. When SHIPPER or consignee requests BROKER to cancel an order within 24 hrs of ship date, the charge identified in the “Cancellation” row in Section 1 will be billed.
h. Truck Order Not Used (TONU). When BROKER is requested to arrange for transportation and dispatches (or arranges for dispatch of) a vehicle to the point of origin designated by SHIPPER and such equipment or service is not used, due to no fault of BROKER, the charge identified in the “Truck Ordered Not Used” row in Section 1 will be billed.
Note - TONU Charges in this item do not apply when equipment or service ordered and not used due to acts of God, the public enemy, the acts of public authority, quarantine, riots, or strikes.
i. Preload. If, for any reason SHIPPER or consignee requests BROKER to arrange for a Servicing Motor Carrier to preload a trailer on Friday for weekend, Holiday or Monday delivery at any non-Bulkmatic facility, the charge identified in the “Preload” row in Section 1 will be billed, plus any applicable Holiday/weekend charges and Trailer Storage Charges. Mileage applies for all miles driven to support the preload operation in advance of the subsequent ship-date.
j. Trailer Storage. To lease or hold trailer, through no fault of BROKER, the charges identified in the “Trailer Storage” row in Section 1 will be billed, including applicable weekends and Holidays
k. Layover. When SHIPPER or consignee requests BROKER to arrange for Servicing Motor Carrier’s layover or Servicing Motor Carrier is otherwise required to layover due to no fault of the Servicing Motor Carrier, the charges identified in the “Layover” row in Section 1 will be charged.
l. Outside Scale Charges. If a Servicing Motor Carrier is required to scale off-site for any reason, a fee identified in the “Outside Scale Charges” row in Section 1 will be billed, plus waiting time will be billed as detention.
m. Extra Hose Charge. If extra hose length (beyond the standards listed in the table below) is required for loading or unloading, an additional charge identified in the “Extra Hose Charge” row in Section 1 for each additional (10’ section) of hose will be billed.
Standard lengths of hose are as follows:
|Trailer Group||Hose Diameter||Length on Trailer|
n. Canada Border Crossing. The charge identified in the “Canada Border Crossing” row in Section 1 will be billed for all loads destined for Canada. Rate includes 1 hour for entry and 1 hour for exit at the border. Anytime beyond will be billed at BROKER’s normal detention rate in the amount identified in Section 1.
o. Out-of-Route Miles. The charge identified in the “Out-of-Route Miles” row in Section 1 will be billed for each out-of-route mile (“OOM”). OOM means any mile driven beyond the round-trip miles of the original movement.
p. Equipment – Inspection.
i. SHIPPER, in ordering equipment, shall specify the commodity and the type of trailer required to satisfactorily transport the commodity, and BROKER will make diligent effort to arrange for the suitable equipment.
ii. Upon inspection and acceptance by SHIPPER of equipment arranged by BROKER it shall be deemed that the equipment is suitable for the transportation of shipments by the Servicing Motor Carrier.
iii. BROKER will make available to SHIPPER at any time information on the last product contained in the trailer.
iv. SHIPPER maintains the right to inspect and reject equipment not meeting SHIPPER’S requirements.
q. Impractical Operations. Nothing in this schedule shall require BROKER to arrange for pick-up or delivery of freight at origin or destination points at which, because of the condition of alleys, streets, roads, or driveways, it is impractical to operate.
r. Operating Rights - Scope of Operations. Rates and provisions named in this schedule, or as amended, are limited in their application on interstate or foreign commerce to the extent of the operating rights as authorized by the FMCSA set forth below. Unless otherwise specifically provided, the provisions are to be interpreted in the same manner as the FMCSA interprets the permit from which they are quoted, with respect to such as implied authority, commercial zones, and diversion routes.