Services

ABBA Motor Lines, Inc. Tariff Rules 1001.1

Uniform Straight Bill Of Lading. Other shipping documents executed by driver as receipt for goods only (i.e. Ocean Carriers Delivery Orders, Dock Receipts, etc.)

Mileage rates based on PC Miler 14.

PI and PD (personal injury and physical damage)

• 1 Million per occurrence limit, BMC-91X on file.
• Insurer Canal Insurance, certificate of insurance available upon request. Additional insurance is available upon request if over $2,000,000.

Cargo liability $2.50 per 100 cwt per shipment unless value state on B/L upon shipment.

• Carmack, subject to change per article ($200,000 truckload limit) BMC-32 on file.
• Insurer Canal Insurance certificate of insurance available upon request.
• Carrier liability for cargo over $500K by special request.

General Principals of Federal commerce law apply. See Elmore v. Stahl, 377 U.S. 134; UBOL and 49 C.F.R. ‘370. Claims must be filed immediately with documentation.

Pick-Ups and deliveries made by the shipper local time or by special arrangement. Appointments made at no charge.

Due upon receipt from date of invoice without offset; PODs provided upon request; finance charge is 18% per month on delinquent accounts with collection charge of $100 per shipment.

Provided for shipper’s/beneficial owner’s convenience with resource.

Self-propelled vehicles transported under Federal Bridge Law, or otherwise agreed by Oversize/Overweight Permit Restriction.

Shipper may obtain rates for shipments with higher release values from Carrier Main office by calling ABBA Motor Line’s (717)262-2092 or email to ABBA POC on the Original Quote.

The cost of a breakdown is $45.00 per hour after the first “free hour” with a maximum of 8 hours per day.

If the ABBA Motor Lines, Inc. driver is required to stay in a motel due to breakdown the cost of the hotel will be added to the invoice with receipt attached. If unit cannot be repaired in a timely manner the cost of repositioning the driver will be added to the invoice. Costs of repairs are to either the account of the shipper or consignee which will be determined at the time of shipment.

Claims filed in writing are required. A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo will not be voluntarily paid by a carrier unless filed in writing, with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay occurred, within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto.

Minimum filing requirements. A communication in writing from a claimant, filed with a proper carrier within the time limits specified in the bill of lading or contract of carriage or transportation, and

(1) Containing facts sufficient to identify the baggage or shipment (or shipments) of property involved, (2) asserting liability for alleged loss, damaged, injury, or delay, and (3) making claim for payment of a specified or determinable amount of money, will be considered as sufficient compliance with provisions for filing claims embraced in the bill of lading or other contact of carriage.

Bad order reports, appraisal report of damage, notations of exceptions on freight bills or other documents, inspection reports issued by carrier inspectors or inspection agencies, tracers or inspection requests do not comply with claim filing requirements.

A written demand for payment, asserting carrier liability for alleged loss, damage, injury or delay, and containing facts sufficient to identify the shipment or shipments involved will constitute a claim, regardless of form, and will be required.

When claimant does not appear from the supporting documents to be an interested party, carrier will require any necessary written assignment or other proof to determine the claimant is the proper party to receive any claim payment.

Claim must be supported by either the original invoice; a photographic copy of the original invoice; an exact copy thereof, or an extract therefrom, certified by the claimant or his authorized representative to be true and correct with respect to the properly involved in the claim and reflecting all trade or other discounts, allowances, or deductions of any nature. When the original invoice is not submitted, such document must be made available for inspection by carrier representative upon request.

When determined by the carrier to be a necessary part of the investigation, the following will be required.

1. The original freight bill and bill of lading or other contract of carriage. When the claim cannot furnish these documents, carrier may require suitable indemnity from the claimant.
2. When the property involved in the claim has not been invoiced to the consignee or where the invoice does not show price or value, or where the property has not been sold but transferred at bookkeeping values only, or property has been shipped on consignment or approval, documentation to establish destination value in the quantity shipped and certification of the correctness thereof.
3. In order to establish the full recoverable loss caused by the carriers, the original account of sale, showing the date of sale and the amounts In order to establish the full recoverable loss caused by the carriers, the original account of sale, showing the date of sale and the amounts realized on the damaged and undamaged portions, respectively, showing grade, brands, quality, variety, size and condition, together with any deductions, allowances, and commissions, or a copy thereof certified correct over the signature of the claimant or an authorized representative thereof.
4. When shipment has received prior transportation and is reshipped from a distribution or warehousing point but has been opened and examined and contents verified as being in undamaged condition, certification thereof must be made by a person having actual knowledge of such inspection and a statement to that effect incorporated in such certification.
5. When an asserted claim for loss of an entire package or on an entire shipment cannot be otherwise authenticated upon investigation, the carrier will obtain from the consignee of the shipment involved, a certified statement in writing that the property for which the claim is filed has not been received from any source.

Whenever a claim is presented against a proper carrier for an uncertain amount, such as “$100 more or less,” the carrier against whom such claim is filed will determine the condition of the shipment involved at the time of delivery by it, if it was delivered, and will ascertain as nearly as possible the extent, if any, of the loss or damage for which it may be responsible. It will not, however, voluntarily pay a claim under such circumstances unless and until a formal claim in writing for a specified or determinable amount of money has been filed in accordance with the provisions of item 300105.

Carrier will acknowledge claim in writing within 30 days after receipt thereof, informing the claimant of identifying number assigned thereto, and will pay, refuse payment, or make a firm compromise offer within 120 days after receipt of claim, except, that if claim cannot be disposed of within this period, carrier will at that time and at the end of each succeeding 60-day period thereafter while claim remains pending, inform the claimant in writing of the reason for failure to conclude claim.

A separately numbered file will be established for each claim filed in accord with the provisions of this tariff. All documents, records and correspondence pertaining to such claim will be identified with this file number.

Inspection by carrier’s Insurance agent will be made as promptly as possible and practicable after receipt of request by consignee. Inspection will be made within five normal work days after receipt of request from consignee, excluding Saturdays, Sundays and holidays. A day will be considered as the passing of twenty-four (24) hours from 9 a.m., local time from the date of receipt of request for inspection. Inspection of carrier will include examination of the damaged merchandise, the shipping container, and any other action necessary to establish all facts. If a shortage is involved, inspector will check contents of package with invoice, weigh the shipping container and contents, or conduct any other type of investigation necessary to establish that a loss has occurred. In either case inspection will be limited to factual report. Consignee must cooperate with carrier in every way possible to assist in the inspection. A written record of carrier’s findings will be made at least in duplicate. The original of the report will be given the consignee for claim support. Any inspection report issued must be incorporated in claim file.

In the event carrier does not make an inspection the consignee must make the inspection and record all information to the best of his ability pertinent to the cause. Consignee’s inspection, in such case, will be considered as the carrier’s inspection and will not jeopardize any recovery the consignee is due based on the facts contained in the report.

When visible or open damage to a shipment has been established by notation having been given at time of delivery or concealed damage established by inspection report, it is the duty of the consignee to retain damaged merchandise and shipping container until carrier desires to take possession of merchandise as salvage. The above applies only when the carrier and consignee agree that the carrier will handle disposition of the salvage, and does not in any manner affect the legal duty that the consignee, when there is substantial value in the salvage, must accept and handle it in such manner as to mitigate the carrier’s loss as much as possible. If there is doubt of carrier liability, the carrier will so advise consignee; in which event the consignee may hold the merchandise until liability of carrier is determined, or may dispose of it so as to mitigate the damage, and may file claim for such damage. Carrier will remove the damaged goods within the fifteen (15) day period or advise consignee that carrier liability is in doubt and that damaged merchandise is to be retained by the consignee until carrier has completed investigation of claim.