RFS and LTL Terms and Conditions
1. Accessorial Charges
CEVA Ground freight rates for transportation services are restricted to standard equipment and practices. Shipments requiring specialized equipment and/or handling are subject to accessorial charges based on market and equipment type. Accessorial charge types include but are not limited to the following:
• Beyond pickup and/or delivery
• Liftgate equipment
• Two Person pickup/delivery
• Inside pickup and/or delivery
• Other special services based on location, commodity and/or party
• Pickup and/or delivery services on weekends and holidays
Last Update December 18, 2006
2. Application of Charges
The following terms and conditions apply for the application of transportation charges:
1. Unless otherwise agreed, transportation charges will be applied to the actual or dimensional (volume) weight, whichever is greater.(See Dimensional / Volume Weight)
2. Transportation charges apply from the origin and destination terminal locations as noted on the bill of lading and are based on the tariff rates effective on the date the shipment is picked up or received by CEVA Ground.
3. Pickup and/or delivery services are charged separately unless otherwise agreed.
4. CEVA Ground retains the right to re-weigh and/or measure any shipments at any time while in CEVA Ground’s custody for the purpose of applying charges and to apply said charges without any requirement to pre-alert or otherwise notify the Shipper, Consignee or other interested party unless otherwise agreed. This policy includes shipments accepted on bills of lading where shipment specifications for weight and dimensions are unstated.
Last Update December 18, 2006
3. Appointment Pickup(s) and/or Deliveries
Shipments requiring advance notice and/or appointments for pickups and/or deliveries are subject to notification and approval prior to tender. CEVA Ground reserves the right to charge additional fees for appointment services that may vary based on market and equipment type. Service transit agreements do not apply for shipments requiring appointment deliveries.
Last Update December 18, 2006
4. Arrival Notice & Undelivered Freight
It is the responsibility of the Shipper or other Interested Party to provide notification of shipment to the consignee. CEVA Ground does not accept any responsibility for notification of shipment or arrival to a consignee. CEVA Ground will make reasonable efforts to contact the consignee or their known agent within 24 hours of arrival at destination. Notifications where applicable will be made by telephone if practical or via electronic mail.
If freight cannot be delivered (where service is applicable); or, is not picked up by the consignee from the destination terminal within the allowed free time (see Storage), applicable storage and/or detention charges will apply. CEVA Ground will make reasonable efforts to notify the Shipper and/or other Interested Party of the consignee’s failure to pickup and/or receive the shipment. Instructions for disposition will not preclude the application of storage and other fees may apply.
.Last Update December 18, 2006
5. Bill of Lading
The Shipper or other Interested Party is responsible for the accurate completion of a transport document that includes a description of the packaging, contents, number of handling units, reference numbers, actual weight and dimensions by piece. Transport documents other than the CEVA Ground Bill of Lading or a standard straight bill of lading are subject to approval and acceptance.
Where shipments are tendered without a completed transport document, CEVA Ground will not accept any responsibility for mis-delivery or service delays. A document preparation fee will apply where CEVA Ground is required to complete any transport document.
Last Update December 18, 2006
6. Billing Party
Unless otherwise agreed or noted on the transportation document, all shipments will be considered as billable to the Shipper as named on the bill of lading or otherwise accepted transport document.
Where the bill of lading or otherwise accepted transport document indicated charges are billable to the consignee or other third party, complete billing information and instructions including a contact name and telephone number must be included. All service agreements are suspended pending approval from the billing party and acceptance of charges.
Notwithstanding any payment instructions provided to CEVA Ground, shipper remains ultimately liable for all charges and fees for services rendered until all monies are remitted and received.
CEVA Ground reserves the right to demand payment in advance of shipment and/or delivery where the billable party does not have a billing and/or credit agreement in place at the time of tender.
CEVA Ground will assess a $25.00 fee for any check presented for charges before, during or after the shipment of goods that is rejected by any financial institution due to insufficient funds or incorrect or insufficient signatures.
Last Update December 18, 2006
7. Claims
Filing of Claims: All claims for loss or damage to cargo and/or service delays must be filed by the paying party for the shipment within nine (9) months from the date of tender. Notification of the claim must include sufficient information to properly identify the shipment and cargo including but not limited to the CEVA Ground order number, shipper name and address, consignee name and address, pieces, weight and dimensions of packages, commodity and ordered service.
Acknowledgement of Claims: CEVA Ground will acknowledge any notice of claim within thirty (30) days of receipt.
Investigation of Claims: All claims as filed are subject to investigation by CEVA Ground or representatives as contracted by CEVA Ground regardless of appraisals and/or reports as received as a part of the claim notification. The final disposition of any claim will be restricted to the findings of CEVA Ground and/or their representative for the extent of damage, application of penalties for service delays and confirmation of undelivered shipments.
Disposition of Claims: CEVA Ground will make known its findings for any claim filed within 120 days of receipt. Findings to include agreement to pay, decline to pay or settlement offers in writing. Where findings cannot be presented within the normal allotted time frame, CEVA Ground will notify the Claimant in writing of the delay and will continue to provide notifications at 30 day intervals thereafter until the claim findings are completed. No claims will be paid or otherwise settled where freight charges have not been paid for the services rendered.
CEVA Ground does not accept liability for any type of consequential damage or other special damages beyond the value of the goods or portion thereof subject to the claim. Other restrictions for liability may apply.
Disposition of Salvage: CEVA Ground reserves the right to sell or dispose of any property where a claim or settlement has been offered and received by the Claimant. This includes damaged, refused and undelivered freight.
Last Update December 18, 2006
8. COD Shipments
Collect on Delivery (COD) shipments are subject to approval prior to tender and/or acceptance. Should any shipment be accepted without advance arrangements, CEVA Ground does not accept responsibility for the collection and/or remittance of any funds due to the Shipper or other Interested Party. Where authorized and approved, shipment service conditions and fees will apply. COD fee(s) will be assessed at 5% of the COD amount and are subject to a $25.00 minimum and/or $375.00 maximum charge
Last Update December 18, 2006
9. Credit Terms
Credit and/or billing agreements are required for shipments to be transported without the advance payment of charges.
When a credit and/or billing agreement is in place, the shipment date is considered the beginning of the billing cycle and all payments are considered due within thirty (30) days from the date of shipment unless otherwise agreed.
Failure to pay any freight charges within the agreed credit periods may result in the loss of credit privileges and result in additional fees for the costs of collecting or attempting to collect any unpaid charges or balances.
CEVA Ground reserves the right to decline the restoration of credit privileges even where accounts are brought current.
Last Update December 18, 2006
10. Currency
All tariffs, charges and invoices are in United States Dollars (USD). No other currencies are utilized or accepted in the payment of charges.
Last Update December 18, 2006
11. Dangerous Goods
The shipment of Dangerous Goods is subject to the advance approval of CEVA Ground. When approved, shipments tendered must be accompanied by the appropriate and proper documentation in accordance with Title 49CFR, ICAO or IATA. All Dangerous Goods must be tendered on a separate bill of lading or otherwise acceptable transport document.
Normal service and transit agreements do not apply for shipments of Dangerous Goods. Additional handling fees of $30.00 per UN with a $50.00 minimum per shipment will apply.
Where shipments containing Dangerous Goods are refused by the Consignee or are found to leak or have other visible damage, the shipment will be returned to the Shipper where safe transport is possible. If the Shipper refuses to accept the returned shipment or where safe transport is not possible, Shipper remains responsible and indemnifies CEVA Ground for reimbursement of all costs and fees of any type regarding the legal disposal of the shipment and/or cleanup of any spill or leakage including claims, fines and penalties as assessed by other parties against CEVA Ground.
Last Update December 18, 2006
12. Declared Value (Limits of Liability)
Unless otherwise agreed, liability for all shipments shall be limited to the higher of $50.00 per shipment or $.50 per pound of cargo lost or damaged in addition to transportation charges applicable to any part of the shipment lost or damaged.
Last Update December 18, 2006
13. Detention (With and Without Power)
Where trailer services are ordered and provided for pickup and/or delivery of single or multiple shipments, normal detention rules will apply with and without power.
Without power: Trailers will be dropped 24 hours in advance of pickup unless otherwise arranged where agreed. Failure to make trailer available for pickup within 24 hours of the drop will be subject to detention charges of $75.00 per day.
With power: Full or part trailer load/unload services provide two hours of free time at each stop for the load or unload activities. All loading and unloading must be performed by shipper or consignee. Wait time charges will apply where loading and/or unloading activities go outside the allotted free time. Detention charges are calculated in 15 minute increments at the rate of $30.00 per 15 minutes and are subject to a $60.00 minimum.
Equipment not used: Where CEVA Ground is requested to provide trailer equipment and dispatches to the locations requested in accordance with the instructions as received and the equipment is not used through no fault of CEVA Ground, mileage charges at the rate of $1.35 per mile with a minimum charge of $135.00 will apply in addition to any detention charges applicable.
Last Update December 18, 2006
14. Dimensional / Volume Weight
Volumetric standards will apply for the purpose of assessing transportation and other charges where applicable. Dimensional weight calculations are completed by multiplying the length by width by height of each package (in inches) and dividing by 250 unless otherwise agreed. Where the dimensional weight of a package exceeds the actual weight, transportation charges will be based on the dimensional weight.
Last Update December 18, 2006
15. Document Preparation
Upon request and where allowable by law, CEVA Ground will prepare shipping and other transport related documents on behalf of the shipper, consignee or other interested party. Where these services are performed, document preparation fees of $10.00 per document will apply.
Last Update December 18, 2006
16. Freight Inspections
CEVA Ground reserves the right to open and/or otherwise inspect any shipments tendered or accepted regardless of markings. This extends to the entire shipment including document pouches. CEVA Ground will also make available and cargo and/or documents for inspection to government agencies and officials on request without notification to any other party unless required by law.
Last Update December 18, 2006
17. Fuel Surcharge
All CEVA Ground ground services are subject to a fuel surcharge ("FSC"). The FSC shall be determined by reference to the "Weekly Retail On-Highway Diesel Prices" report ("DOE Diesel Report") as published by the Energy Information Administration ("EIA") agency of the United States Department of Energy ("DOE"). Current surcharges are available at www.selectCEVA Ground.com.
Last Update December 18, 2006
18. Handling Fee(s)
Where CEVA Ground and/or CEVA Ground agent personnel are required to process and/or deliver import documents for U.S. Customs Bonded shipments, CEVA Ground reserves the right to charge reasonable terminal service fees by location.
Where unloading and/or loading services are required, including the deconsolidation of shipments additional service charges will apply of $.04 per pound with a $10.00 minimum per shipment. Services performed for the cancellation of a U.S. Shipper's Declaration Bond will be subject to a $40.00 fee per shipment.
Last Update December 18, 2006
19. In Bond Shipments
Upon request, CEVA Ground will attempt to arrange for the in-bond movement and appropriate U.S. Customs & Border Protection authorization (CBP Form 7512) to the U.S. destination or point of re-export for shipments entering the U.S. that are not cleared at the first point of entry. CEVA Ground will use the services of authorized third parties for these services and fees will be applied based on the charges as assessed by the preparing party.
Last Update December 18, 2006
20. Liabilities Not Assumed
CEVA Ground does not accept responsibility and shall not be liable for any loss, damage, delay, mis-delivery, non-delivery or other claims not caused by its own negligence. This includes but is not limited to any loss, damage, delay, mis-delivery, non-delivery or other claims caused in whole or in part by the following:
• The act, default or omission of the Shipper, Consignee or any other third party with an interest in the shipment;
• The nature of the shipment or any defect, characteristic or inherent vice of the shipment;
• Improper or insufficient packing, securing or addressing or any other violation by the shipper, consignee or other interested party of CEVA Ground’s terms and conditions as provided herein.
• Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, quarantine, riots, strikes, civil commotions or hazards incident to a state of war, national or local disruptions in ground transportation networks due to events beyond CEVA Ground’s controls such as weather phenomena, strikes or other natural disasters and disruption of communication and information systems.
• Acts or omissions of any person or entity other than CEVA Ground, including compliance with verbal or written delivery instructions from the Shipper, Consignee or other interested party.
• Failure to honor “package orientation” graphics or damage to shipments in packaging not approved by CEVA Ground prior to acceptance for shipment.
• Erasure of data from magnetic tapes or other storage media or erasure of photographic images or sound tracks from exposed film.
• Lost document resulting in the inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
Last Update December 18, 2006
21. Method of Payment
Acceptable methods of payment include the following: company check, certified check, cashier’s check, wire transfers and accepted credit cards.
Last Update December 18, 2006
22. Overdimensional and Overweight Freight
CEVA Ground reserves the right to refuse to transport any shipments that do not conform with standard 53’ trailer specifications or have insufficiently distributed load bearing weights for safe transport.
Last Update December 18, 2006
23. Packaging & Marking
Shippers are responsible to ensure that all shipments tendered to CEVA Ground are packaged, marked and labeled sufficiently to withstand normal handling and transportation via road.
Last Update December 18, 2006
24. Pricing Agreements & Rate Quotes
All transportation and accessorial charges for a shipment will be assessed on the basis of an agreed tariff or rate quotation in effect at the time of shipment as applicable to the tendered weight, commodity or commodities shipped and transportation and other services performed.
Tendering shipments to CEVA Ground on or after the effective date of a pricing agreement or tariff is considered acceptance of said pricing and terms, including liability and applicable accessorial and special charges.
Shipments tendered on the basis of a special pricing agreement outside of normal tariff rates must be clearly indicated on the bill of lading or other accepted transport documents.
Last Update December 18, 2006
25. Proof of Delivery
Upon request and where available, CEVA Ground will provide the shipper, consignee or other interested party a copy of the delivery record for any shipment handled by CEVA Ground. All delivery documents are available at no additional charge through our on-line services. Except as otherwise agreed or when furnished in defense of a filed claim, where CEVA Ground is requested to retrieve and submit the delivery record, a charge of $10.00 will be assessed.
Last Update December 18, 2006
26. Re-consignment or Diversion
CEVA Ground will allow the re-consignment or diversion of any shipment subject to the following:
1. Re-consignment or diversion to mean as follows:
a. Change in the name or address of the consignee
b. Change in the destination terminal
c. Change in any other instructions affecting delivery
2. Requests for re-consignment or diversion must be made and/or approved by the billing party.
3. Paying party agrees in writing to transportation and handling charges associated with the re-consignment or diversion.
CEVA Ground will assess transportation and handling charges on any shipment where a re-consignment or diversion applies as follows:
1. Change in name of the consignee with no change in place of delivery or change in the place of delivery within the original destination area: No additional charge.
2. Change in the destination terminal or city or split of shipment to multiple cities: $25.00 per destination point and applicable freight charges for each additional transportation segment.
3. Where the re-consignment or diversion requires loading or partial unloading of any equipment, a fee of $250.00 will apply.
Last Update December 18, 2006
27. Re-delivery
Where delivery services at destination are requested and through no fault of CEVA Ground the delivery cannot be completed, no further attempts for delivery will be made except as requested and approved by the billing party. Where additional delivery attempts are made, whether completed or not, a re-delivery fee of $25.00 per attempt will apply in addition to delivery fees.
Last Update December 18, 2006
28. Refused or Rejected Shipments
Shipments that are refused or rejected by the consignee at destination and are returned to the shipper will be treated under the re-consignment rules with applicable freight charges and handling fees to apply in addition to any other fees such as storage. All charges must be accepted in writing prior to the return of any shipment. CEVA Ground reserves the right to require payment in advance of the return regardless of the credit status of the paying party.
Last Update December 18, 2006
29. Service Days
For the purpose of calculating and measuring transit times, service days will not include weekends or designated holidays. Designated holidays are as follows:
• New Year’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Day
Last Update December 18, 2006
30. Shipment Cancellation
Cancellation of shipment and/or services is subject to the following:
1. Cancellation of any shipment and/or service before service is performed by CEVA Ground where no costs have been incurred by CEVA Ground will not be subject to any cancellation fee.
2. Cancellation of any shipment and/or service after service has been initiated by CEVA Ground and where costs have been incurred by CEVA Ground will be treated as re-consignments and/or diversions with applicable charges applying in addition to the recovery of any incurred expenses.
Last Update December 18, 2006
31. Shipments Not Accepted
The following commodities and/or types of shipments will not be accepted by CEVA Ground for transport or other services:
1. Explosives (Division 1.1, 1.2 or 1.3)
2. Bulk commodities
3. Shipments requiring protective security or armed guard surveillance
4. Original works of art, collections, antiques or precious stones
5. Human remains
6. Precious metals
7. Bullion or currency
8. Hazardous waste
9. Household goods and furniture
10. Any commodity or shipment that poses any imminent or potential threat to the environment or may be harmful to the personnel involved in the handling or transport of the shipment or the general public including but not limited to Class 7 Radioactive materials; 6.1 Poisonous by inhalation in Hazard Zone A 173.133 (2)(i)A; 2.3 Toxic or Poisonous Gases TIH Hazard Zone A 173.133 (2)(i)A; and, Infectious substances 6.2 listed as select agents by the Centers of Disease Control and Prevention (CDC) in 42 CFR part 73 which requires placarding. (Note: Select agents are infectious substances identified by CDC as materials with the potential to have serious consequences for human health and safety if used illegitimately.)
11. Any product or commodity that is determined as improperly packaged
12. Any item considered Dangerous Goods that does not contain the proper UN (United Nations) or DOT (Department of Transportation) safety labeling or the appropriate Emergency Response information including access to the appropriate material safety data sheet as required under 49CFR.
Last Update December 18, 2006
32. Special Handling Commodities
CEVA Ground reserves the right to refuse to transport any commodities or shipments requiring handling considered outside the normal CEVA Ground processes, environments and work procedures within our terminal operations and during transport. When shipments are accepted for transport requiring special handling or other conditions, additional fees may apply.
Last Update December 18, 2006
33. Storage
Where freight cannot be delivered or is not retrieved by the consignee at destination through an act or omission of the shipper, consignee or other interested party; for purposes of Customs clearance or other inspections; and, through no fault of CEVA Ground, it will be considered as stored and will be subject to the following:
1. Storage charges will begin on the third business days excluding Saturdays, Sundays and holidays after received at the destination terminal.
2. Storage charges will accrue at rates as published within each terminal and market and are subject to a minimum charge per day
Last Update December 18, 2006
34. Terminal Services
Terminal services performed on behalf of the shipper, consignee or other interested party by CEVA Ground will be subject to applicable charges and fees. Terminal services to be defined as any service performed that is not part of the normal transportation process including but not limited to the following:
• Packaging and/or re-packaging of any shipment in part or in whole including the recouping or consolidation of pieces
• Marking and/or labeling of any shipment in part or in whole including the application of new and/or the removal of old markings or labels.
Last Update December 18, 2006