Tariff Rules

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TARIFF 100 - PAYMENT RULES AND REGULATIONS

Item 3 - Currency and Payment of Charges

All rates, charges, or other amounts published in this tariff are stated in U. S. currency and all charges are payable in U. S. currency. Credit card payments will be subject to an additional fee.

Carrier shall submit an invoice to the specified party in accordance with the terms on the original bill of lading. Payment terms extended are “net 15 days” on all invoices. Failure to remit payment within terms may result in all future transportation charges to be collected at the time shipments are picked up or delivered (in accordance with the original bill of lading terms). The carrier may revoke its credit terms at any time in the event they become concerned with the bill to party and the carrier may demand payment from the any principal to the shipment.

Freight invoices not paid within the carriers terms are subject to forfeiture of discounts and/or quoted rates and will be rated at full class based on the current tariff in effect and actual class. Invoices will also be subject to a service charge of 1 and ½ % per month. In the event carrier deems it necessary to retain the services of legal counsel and/or a collection agency to collect any outstanding indebtedness, responsible paying party (shipper/consignee/broker) shall pay attorney or collection fees in the amount of $300.00 or 33.33% whichever is greater.

All disputes of any kind that may require litigation between Smith-Cargo Transportation LLC as the plaintiff and/or as defendant related to transportation issues will be held at the venue of Smith-Cargo Transportation LLC choice and the prevailing party will be entitled to reasonable legal fees. In the event it becomes necessary to domesticate and execute on a judgment it will be at further expense to the debtor.

THIRD PARTY BILLING:

When arrangements are made with intermediaries for transportation services provided by carrier and the intermediary in turn bills the shipper or beneficial owner of the goods for the freight charges inclusive of carrier’s rates, the following rules shall apply:

The intermediary will segregate money due owing to carrier from other accounts. Intermediary will pay carrier without offset from funds received and shall not commingle, pledge, encumber or hypothecate funds received by it intended for payment of freight charges to carrier set forth at 49 C.F.R §371. A constructive interline trust shall apply on all shipments. When the arranger of transportation is a property broker, the regulations set forth at 49 C.F.R §371 shall apply. In the event the broker, freight forwarder or interlining carrier pledges Smith-Cargo Transportation LLC freight charges to a bank or factoring company, the bank and/or factoring company is subject to the same terms and conditions as their Assignor and they a required to release the constructive trust freight charges earmarked for Smith-Cargo Transportation LLC within five business days from becoming aware that the accounts receivable were encumbered.

Carrier preserves recourse for payment of all freight charges to the consignor or the consignee and beneficial owner of the goods.

Freight charges are not eligible for offset, for any reason, including but not limited to freight claims.

PRIORITY OF FREIGHT CHARGE OBLIGATION:

When arrangements are made with intermediaries for transportation services provided by carrier and the intermediary in turn bills the shipper or beneficial owner of the goods for the freight charges inclusive of carrier’s rates, the following rules shall apply:

The intermediary will segregate money due owing to carrier from other accounts. Intermediary will pay carrier without offset from funds received and shall not commingle, pledge, encumber or hypothecate funds received by it intended for payment of freight charges to carrier set forth at 49 C.F.R §371. A constructive interline trust shall apply on all shipments. When the arranger of transportation is a property broker, the regulations set forth at 49 C.F.R §371 shall apply. In the event the broker, freight forwarder or interlining carrier pledges Smith-Cargo Transportation LLC freight charges to a bank or factoring company, the bank and/or factoring company is subject to the same terms and conditions as their Assignor and they a required to release the constructive trust freight charges earmarked for Smith-Cargo Transportation LLC within five business days from becoming aware that the accounts receivable were encumbered.

Carrier preserves recourse for payment of all freight charges to the consignor or the consignee and beneficial owner of the goods.

Freight charges are not eligible for offset, for any reason, including but not limited to freight claims.

Item 4 - Intermediary broker, Freight Forwarder, 3rd Party logistics Provider

A broker is considered to be the agent of the shipper. An instrument within the scope of the Shipper’s agent’s authority by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the instrument itself, including but not limited to a rate confirmation, load confirmation, rate sheet and any other document dispatching Smith-Cargo Transportation LLC to move a load on behalf of the principal of the shipment is considered to be a non negotiable contract with the shipper.

Item 5 - Driver Signature

The signature of Smith-Cargo Transportation LLC driver is to be considered a binding signature within the contract bill of lading establishing a non negotiable contract with the shipper, receiver and Smith-Cargo Transportation LLC. The driver’s signature will acknowledge agreement to any terms and conditions of carriage and/or liability conditions that may also appear on the document.

Item 6 - Default Payment Terms

When consignor fails to state the freight terms in writing on the bill of lading or the freight terms are unclear on the bill of lading, both the shipper and receiver remain jointly and severally liable to the carrier.

BILL TO:

A person or entity affiliated designated on the bill of lading as responsible for paying the freight charges but who is affiliated with either the shipper or consignee.

PAYMENT TERMS:

Prepaid designates shipper is responsible for payment of freight charges; Collect designates consignee is responsible for payment of freight charges. Payment terms will be changed from prepaid to collect if the BILL TO be an affiliate of the consignee or from collect to prepaid if the BILL TO and shipper are affiliated.

RATE QUOTE:

A price quotation derived from a non-contractual tariff, scale or pricing document. Rate quotations may change on a daily basis due to balance, carrier need, or other freight characteristics. Rate quotations are valid for a period of 30 days on LTL shipments and 10 days on TL shipments. Liability is limited to $.50 per lb.

THIRD PARTY:

A person or entity designated on the bill of lading as responsible for paying the freight charges but who is neither the shipper or affiliate of the shipper nor the consignee or an affiliate with the consignee.

Item 7 - Exclusive Use of Trailer

No shipment is entitled to the exclusive use of the trailer unless arrangements and price have been agreed to by carrier and paying party prior to shipment. In all other instances, carrier has control.

Item 8 - Pallet Exchange

Smith-Cargo Transportation LLC does not participate in pallet exchange programs.

Item 9 - Pallet Jack (PJK)

If a pallet jack is required at time of delivery or pickup and the carrier is responsible for providing the pallet jack, an applicable charge of $40.00 per pallet jack will be assessed. This charge is the responsibility of the paying party as noted on the original bill of lading.

ITEM 10 - Detention

Carrier’s line haul charges include a reasonable amount of time to accomplish the pick up and/or delivery of the shipment. When the time required exceeds the standard free time, additional charges will apply. Detention charges are the reasonability of the paying party as noted on the original bill of lading. Two (2) hours of free time. The additional charge once free time is exceeded is $75.00 for the first hour and $37.50 for each 30 minute increment or part thereof. Time shall end upon completion of the loading and acceptance by the driver signed bill of lading or upon completion of unloading and acceptance by the driver of a signed delivery receipt.

ITEM 11 - Shipper Load & Count

Unless otherwise marked, all shipments are Shipper load and count.

ITEM 12 - Conflicting Terms

No company through a separate contract or agreement can void the terms of this tariff, including but not limited to a Broker Carrier agreement, Shipper Carrier agreement or any form of a rate confirmation. At all times this Tariff is enforceable and its terms and conditions apply. In the event there is any conflict whatsoever with any other contract or agreement this Tariff shall prevail.

ITEM 13 - Intermediaries and Interline Carriers

When arrangements are made with intermediaries or interline carriers for transportation services provided by Carrier and the intermediary or interline carrier in turn bills the shipper or beneficial owner of the goods for freight charges inclusive of Carrier's rates, the following rules shall apply:

1. The intermediary or interline carrier will segregate money due and owing to Carrier from other accounts.

2. Intermediary or interline carrier will pay Carrier without offset from funds received and shall not commingle, pledge, encumber or hypothecate funds received by it intended for payment of freight charges to Carrier.

3. When the arranger of transportation is a carrier or freight forwarder, a constructive interline trust shall apply.

4. When the arranger of transportation is a property broker, the regulations set forth at 49 C.F.R § 379 shall apply and monies received by the broker shall be segregated from its other assets and liabilities.

5. In no event shall accounts receivable pledged or encumbered by any intermediary or interline carrier be inclusive of freight charges billed by it to the extent those freight charges are due and owing to Carrier.

6. Carrier preserves recourse for payment of all freight charges to the consignor and to the consignee in the event of a default by a interline carrier.