This Tariff, containing rules, regulations, practices and certain accessorial rates and charges, including supplements and amendments, or successive issues hereof, is established and promulgated by B.J. Transport, Inc., a Minnesota corporation, US DOT #203412, MC-147973, www.bjtransport.com (hereinafter “BJ”). This Tariff applies to and governs transportation of all shipments tendered to and accepted by BJ for transportation, except with respect to specific exceptions set forth in written agreements between BJ and a shipper or third party. This Tariff is intended to supplement the Terms and Conditions contained on BJ’s Bill of Lading, the Uniform Straight Bill of Lading or other shipping documents. In the event of a conflict between the terms of any Bill of Lading or other shipping document upon which a shipment is tendered to BJ, this Tariff will control. Except to the extent of any written agreement between BJ and a shipper or third party, this Tariff supersedes and negates any claimed, alleged or asserted oral contract, promise, representation or understanding. In tendering freight to BJ for transportation, the party tendering the freight agrees to the terms and conditions contained herein, which no agent or employee of the parties may alter, unless by written agreement.EFFECTIVE DATE AND SAVINGS CLAUSE
This Tariff is effective December, 2005. This Tariff supersedes all previous tariffs or prior statements concerning the rates and conditions of BJ’s services. However, this Tariff does not modify the prior effective dates and applications, to the extent that it is a compilation and codification of prior rules, regulations, practices and certain accessorial rates and charges and customary practices of BJ. BJ reserves the right, from time to time, to modify, amend or supplement its rates, features of service, products and terms and conditions without notice. Any failure to enforce or apply any provision of this Tariff, or any other provision of an agreement between BJ and shipper or third party, shall not constitute a waiver of that provision by BJ and shall not diminish BJ’s right to enforce such provision.GOVERNING RATES AND CHARGES
BJ’s effective rates and charges for transportation and accessorial services are available upon request by contacting BJ’s corporate sales department at (651)436-4300 or (800) 328-8163. BJ’s effective rates are defined as the rates established by BJ for the type of service provided for individual shippers, which are in effect at the time of shipment, plus additional charges or rates for accessorial services, additional or non-standard usage, or any other additional charges referenced in this Tariff, or those additional rates set out in a customized contract between BJ and the shipper. Rates and service quotations by our employees will be based upon information provided to BJ, but final rates and service may vary based upon the shipment actually tendered and the application of the terms and conditions contained herein.DEFINITIONS
The following definitions apply to the use of the defined term throughout this Tariff, except as otherwise specified:
- 1. “Bill of Lading” means any shipping document, receipt, manifest, label, electronic entry or similar item authorized by BJ. If BJ accepts freight on a customer’s bill of lading it is understood that all terms and conditions contained herein.
- 2. “C.O.D.” means Collect on Delivery, a transportation service wherein the purchase price of the goods is collected by BJ from the Consignee at the time of delivery, and subsequently, payment is transmitted by BJ to the Shipper.
- 3. “Collect” means that all freight charges due and owing for the transportation of a shipment will be paid by the consignee or third party.
- 4. “Consignee” means the person or entity to whom the shipment is being sent, whose name is listed on the Bill of Lading as the Consignee.
- 5. “Consignor” means the person or entity who physically tenders the shipment to BJ.
- 6. “Dimensional Weight” means the weight of a shipment per unit of volumetric measure.
- 7. “F.C.C.O.D.” means freight charges collect on delivery, the transportation charges and any associated fees are collected by BJ from the Consignee at the time of delivery.
- 8. “Hazardous Materials” means a substance or material which has been determined by the U.S. Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.
- 9. “Prepaid” means the Consignor is primarily responsible for payment of transportation charges.
- 10. “Redelivery” means a second (or more) attempt to deliver the shipment to the original consignee, at the original point or place contained in the delivery address section of the Bill of Lading that originally failed, through no fault of the carrier, due to (1) consignee refusal or rejection of some or all of the original shipment, (2) consignee closure during routine business receiving hours or (3) consignee cancellation of an agreed upon delivery appointment time or window.
- 11. “Shipment” means one or more packages, pallets, containers or other items moving on one Bill of Lading number from one Shipper or Consignor to one Consignee.
- 12. “Shipper” means the person or entity with whom the shipment originates, and whose name is listed on the Bill of Lading as the Shipper, and includes the Shipper, Consignor and their agents, servants and employees, and any other person or entity having or claiming an interest in or beneficial ownership of a shipment.
- 13. “Surcharge” means a charge in addition to all mileage or weight charges due to the carrier.
- 14. “Transportation charges” or “charges” mean amounts assessed for the movement of a shipment and do not include any other fees or charges which may be assessed under these terms and conditions, such as but not limited to, declared value charges, customs duties and taxes, however levied or applied, and C.O.D. charges.
Except as otherwise provided herein, mileage shown in PC Miler, and amendments thereto and subsequent reissues thereof shall be used to determine distances between points of origin and points of destination on applicable shipments. In the determination of miles, practical miles applications are used and a fraction of a mile will be rounded up to the next whole mile in all instances.RATES AND CHARGES-QUOTATIONS
BJ issues rate and charges quotations for transportation and accessorial services. Tender of lading or call for transportation or accessorial services described in a rate quotation constitutes acceptance of the quotation, including specified scope of serve and terms and conditions. Specification of a period of time in a quotation for which a rate or charge shall be effective is binding upon BJ and subject to BJ’s rights and obligations as a common carrier. Terms and conditions summarized in BJ’s rate quotations are governed by this Tariff, which shall take precedence in case of inconsistency or conflict.RATES AND CHARGES-BASED ON WEIGHT
Transportation charges based on weight for a Shipment, unless otherwise noted on the Bill of Lading, will be based on whichever of the following is greater:
- The actual weight; or
- The cubic dimensional weight (calculated as outlined in "Dimensional Weight”).
Charges will be assessed for transportation of Shipment(s) from the named origin to the named destination as shown on the Bill of Lading at the rates in effect on the day the Shipment is accepted by BJ.
Unless specifically otherwise agreed to in writing, BJ retains the right to re-weigh and/or measure, for the purpose of applying correct charges, any shipment(s) at any time while in BJ’s custody and control, and to collect the appropriate charges without first advising, reporting back to, pre-alerting, or otherwise notifying the Shipper, Consignee or other interested party.
If the Shipper elects to leave the weight un-stated on the Bill of Lading, BJ will weigh and enter the shipment weight on the Bill of Lading for the Shipper. If the Shipper chooses to enter the weight and the weight reflected is found to have been understated, in the event the transportation charges are based upon weight, BJ will correct the weight and the transportation charges will be adjusted for the accurate weight.DIMENSIONAL WEIGHT
BJ reserves the right to assess transportation charges based on volumetric standards. Dimensional weight pricing is applicable on all shipments with a total volume in excess of the applicable dim factor. Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by the applicable dim factor. The dimensional weight of each package in the shipment is added, and the total dimensional weight of the shipment is then compared to the actual weight of the shipment. If the dimensional weight exceeds the actual weight, transportation charges for the shipment are based on the dimensional weight.EXTENDED SERVICE AND/OR ACCESSORIAL CHARGES
In order to fully meet our customer's needs, BJ offers extended services, which may result in the assessment of accessorial charges. Accessorial charges may be incurred in connection with any of the following services:
- Detention Charges;
- Exclusive Use Service;
- Extra Labor/Driver Assistance;
- Inside Pickup or Delivery;
- Lift Gate Service;
- Marking or Tagging Freight - the remarking of freight to correct errors or to reflect reconsignment;
- Blanket Wrap;
- Expedited Services;
- Notify Before Delivery Service;
- Reconsignment or Diversion;
- Redelivery - when the initial delivery cannot be accomplished for reasons beyond BJ’s control;
- Residential, School, Military Base, Non-Ground Floor Pickup or Delivery Service;
- Sorting and Segregating;
- Multiple Pickups or Deliveries;
- C.O.D. Fees
- After Hour Services;
- Storage – BJ is required to hold the shipment due to an act of the shipper, the consignee or owner, or it is held for customs clearance or inspection;
- Customs or In-Bond Charges;
- Special Handling Fees;
- Disposal of pallets, packaging and shipping materials.
- Additional costs incurred due to cancellation or change in service.
BJ’s effective rates and charges for accessorial services are available upon request.RECONSIGNMENT
For the purpose of this Tariff, the term "reconsignment" is considered to mean:
- A change in the name of the Consignee or the Shipper;
- A change in the destination city;
- Relinquishment of the shipment at the point of origin; and
- Relinquishment of the shipment at an intermediate point while in transit.
Requests for reconsignment are subject to the following conditions:
- The request must be made or confirmed in writing;
- The party making the request must have the authority to do so;
- BJ will make a diligent effort to comply, but will not be responsible or liable if the service cannot be performed;
- All charges applicable to the shipment must be paid or guaranteed to the satisfaction of BJ before the service is performed;
Charges for reconsignment are as follows:
- If reconsignment results in a change in the name of the Consignee with no change in the place of delivery, or the place of delivery is within the original destination point, there will be no charge;
- If reconsignment results in a change in the destination point before or after tender or delivery, the shipment will be assessed tariff rates to and from the reconsignment points;
- If the Shipper elects to have the shipment released to an agent other than the one shown on the Bill of Lading, there will be no charge; and
- If the Shipper elects to have BJ return the entire shipment to the point of origin, the shipment will be assessed tariff rates from the reconsignment point to the point of origin.
If, at the Shipper’s request, the release, reroute or termination is affected and requires total or partial unloading of equipment, BJ will assess an additional fee of $250.00.FUEL SURCHARGE
Due to the potential for significant fluctuations in market prices for vehicle fuel, we reserve the right to assess a fuel surcharge on shipments without notice. Application of the fuel surcharge is based on the weekly update of “U.S. Retail Prices” for gasoline and diesel fuel, which is published on the web site of the U.S. Department of Energy. The applicable fuel surcharge percentage is available by contacting BJ’s corporate sales department at (651)436-4300 or (800) 328-8163.DETENTION CHARGES
Waiting and loading time is measured from time of arrival at the address specified for pickup or delivery. Chargeable waiting and loading time is measured, in quarter hour increments, from expiration of free time to BJ’s departure from the address specified for pickup or delivery. Chargeable time is measured from the time of the driver’s call to BJ’s dispatch to report the expiration of free waiting or loading time. The first two (2) hours is deemed to be free waiting or loading time.EXTENSION OF CREDIT
BJ may extend credit only to Shippers who, in BJ’s sole judgment, are good credit risks.CREDIT TERMS
The credit period begins on the day following presentation of the freight bill and continues for a period of fifteen (15) days thereafter, including Saturdays, Sundays and legal holidays. Freight bills that are not paid within thirty days of the date of the freight bill shall accrue services charges at the rate of 1.5% per calendar month or portion thereof, based on one-thirtieth per day, commencing on the thirty-first day following the date of the freight bill until paid, compounded monthly. The purpose of the service charge is to prevent a Shipper who does not pay on time from having free use of funds due to BJ. The service charge does not sanction payment delays.Failure to pay within the authorized credit period will require that BJ determine in good faith whether the Shipper will comply with the credit regulations in the future and may result in Shipper’s being put on a "cash only" status. This status may impair Shipper’s ability to use BJ’s service, and Shipper’s Shipments may be delayed. In the event prompt payment is not made and Shipper’s account is placed on a "cash only" basis, credit privileges will not be restored until you have paid all past-due balances of transportation and any related charges in full, including, but not limited to, the services charges. BJ may decline to restore credit privileges even if all costs, fees and expenses are paid. In the event that suit is filed to collect unpaid charges, Shipper agrees to be liable for all reasonable costs which include, but are not limited to, reasonable attorneys fees and court costs, in an amount not to exceed 200% of the total unpaid charges. Past due transportation and any related charges are subject to civil suit in the state or federal courts of the State of Minnesota. Accounts, which desire credit and/or a credit extension, must submit a credit application to BJ. An exception to this rule will be allowed at BJ’s discretion after a review of an account's credit worthiness. BJ reserves the right to alter or modify the credit terms of any account without prior notice. Any check returned for any reason, including but not limited to, insufficient funds, will be assessed a fee of $40.00 and placed for collection. Pending or unfiled claims against BJ for loss, damage or overcharge dollar amounts may not be deducted from freight charges billed to the claimant (the party who filed or will file the claim or claims). Moreover, no claims will be entertained until all transportation charges have been paid. RESPONSIBILITY FOR TRANSPORTATION AND RELATED CHARGES
For and in consideration of the transportation services to be provided, the Shipper agrees to pay BJ the applicable freight charges as set forth in its current written rate circulars, written rate tenders, and these terms and conditions on prepaid shipments. The Shipper's complete name, address, city, state, zip code and contact name must appear in the appropriate areas of the Bill of Lading. The word "Shipper" must appear in the "bill to" section of the Bill of Lading.If the Consignee is responsible for payment of the freight charges, the Consignee's complete name, address, city, state, zip code, telephone number, and contact name must appear in the appropriate areas of the Bill of Lading. The word "Consignee" must appear in the "bill to" section of the Bill of Lading. If the Consignee is billed initially and refuses to make payment for the services rendered, the charges will be rebilled to the Shipper's account. If a third party (including the Shipper or Consignee at an address different from that which appears in the "Shipper" or "Consignee" sections of the Bill of Lading) is responsible for the freight charges, the third party's complete name, address, city, state and zip code must appear in the "bill to" section of the Bill of Lading. If a third party is billed initially and refuses to make payment for the services rendered, the charges will be rebilled to the Shipper's account. Notwithstanding the foregoing, the Shipper, Consignee and any third parties shall be jointly and severally liable for all unpaid freight charges. Accordingly, shipments where the Shipper executes Section 7 of the Bill of Lading will not be accepted. If a shipment is inadvertently accepted with the Section 7 signed, the signing of Section 7 will not be applicable and the Shipper will remain liable for all freight charges including, but not limited to, reasonable attorney's fees and court costs in an amount not to exceed 200% of the total unpaid charges. Bankruptcy declaration by any of the parties involved does not limit joint liability obligations in regards to unpaid freight charges and/ or collection costs. Parties hereby consent to the Venue and Jurisdiction of the state and federal courts of MN. Your shipment may be delayed the account it is billed to is not in good credit standing. BJ reserves the right to demand F.C.C.O.D. for transportation charges incurred on any shipment when the party liable for the charges has not yet been extended credit. Additionally, BJ reserves the right to demand prepayment of charges by bank check or money order on any shipment. METHOD OF PAYMENT
The following are acceptable methods of payment: company check (from approved credit customers only), certified check, cashier’s check, and charge to a valid account with BJ that is in good credit standing. Additionally, BJ may offer, solely at its discretion, electronic funds transfer. All rates and charges are stated in U.S. dollars and must be paid in said currency.OVERCHARGES
Overcharge claims on Shipments or requests for an invoice adjustment or a refund due to a duplicate payment, must be received in writing by BJ within 180 days of receipt of the invoice or any billing dispute is deemed to be waived. A partial payment against an invoice is not a request for an invoice adjustment. Any action or proceeding to recover overcharges alleged to be due or duplicate payments, shall be brought within eighteen (18) months after the claim accrues, as provided by 49 U.S.C. Section 14705(a) and (b)(as the same may be amended or renumbered from time to time). The expiration of these time periods shall be a complete and absolute defense to any such action or proceeding, without regard to any mitigating or extenuating circumstance or excuse whatsoever.SHIPPER RESPONSIBILITIES
- A. Packaging and Marking. Shipper is responsible for insuring that the shipment is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. By tendering a shipment to BJ, the Shipper certifies that the shipment is sufficiently packaged, consistent with type and quantity of the commodity tendered and the selected mode of transportation, adequately for safe, damage free transportation and meeting or exceeding industry standards such as but not limited to standards prescribed, required or recommended by the United States Postal Service and National Motor Freight Classification. Each package must be legibly marked, and all old labels, tags or markings must be removed by the Shipper prior to the shipment being tendered for transportation. Any article susceptible to damage by ordinary handling must be adequately protected and packaged and marked in such a way as to alert BJ of the possibility of damage from ordinary handling and must bear appropriate labels. For articles shipped in unenclosed containers or that are unpackaged/uncrated, BJ shall not be liable for loss/damage unless BJ’s negligence is evident and the loss/damage is so noted on the delivery receipt at the time of delivery. NOTE: Under all circumstances, a shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. BJ reserves the right to refuse any shipment if at the time of pickup, BJ determines that the packaging is improper or inadequate to insure safe transportation, or which may soil, taint or otherwise damage shipments or packages of other shippers, or which appears damaged or not to afford reasonable protection to the shipment of the tendering Shipper or others, unless shipper agrees to release BJ from all liability for claims for loss or damage to the shipment. Failure of BJ to reject any shipment or package does not waive Shipper’s responsibility for packaging and packing.
- B. Preparation of Bill of Lading. The Shipper is responsible for providing complete and accurate information in connection with each shipment tendered. Specifically, the shipper must identify the specific commodity or product to be transported. If containerization or palletization is used, the individual pieces should be stated in the description. All shipments are deemed to be accepted based on shipper load and count unless the pieces are itemized in the description or the Shipper provides an itemized manifest or packing list, which can be visibly verified by the driver and which is signed as a receipt by BJ’s driver.
- C. Invoices/Declarations. Shipper is responsible for furnishing all invoices, document evidence and declarations including duties, fees and other charges, which may be imposed or assessed against the property transported. Shipper assumes full responsibility for shipments held by any government for any reason. Where all necessary requirements of such authorities are not complied with and, through no fault of BJ, expenses are incurred, such expenses will become a charge against the shipment. Delivery will not be made until such charges are paid or guaranteed by shipper or consignee.
Unless the shipper, in writing, requests delivery confirmation requiring the signature of the consignee, BJ reserves the right, in its sole discretion, to make a delivery without obtaining a signature, and notation of delivery by BJ’s driver on the bill of lading shall constitute proof of delivery. Upon written request, BJ will provide proof of delivery via facsimile or mail transmission. The request must include a facsimile number, including area code, for an operating facsimile machine or a correct address for mail. An additional charge may be assessed for each successfully transmitted or mailed P.O.D.LIMIT OF LIABLITY-GENERAL
Except in the event of a written agreement between Shipper and BJ signed by an authorized representative of BJ, and the payment of a surcharge for additional cargo insurance coverage, BJ’s liability for loss or damage to a shipment is limited to the cost of repair or reproduction of the lost or damaged portion of the shipment, but not more than the fair market value of the portion of the shipment that was lost or damaged, not to exceed $100,000 per shipment. In the event the damaged portion of the shipment is replaced, title to the damaged portion of the shipment shall pass to BJ.LIABILITIES NOT ASSUMED
Under no circumstances shall BJ’s liability exceed the actual value of the shipment. Moreover under no circumstances shall BJ be liable for incidental, special or consequential damages, including, but not limited to, damages resulting in loss of income or profits, interest, utility or loss of market, whether or not BJ had knowledge that such damages might be incurred.
BJ will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from BJ’s sole negligence. BJ will not be responsible for contributory negligence on the part of the shipper, consignee or third party. Without limiting the generality of the foregoing, in no event will BJ be liable for any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or part from:
- 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;
- The Shipper, Consignee or third party’s violation of any of the terms and conditions contained in this Tariff, as amended from time to time, or on Bill of Lading, including, but not limited to, the improper or insufficient packing, securing, marking or addressing of shipments;
- Perils of transportation, public enemies, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, acts of God, equipment failures, hazards incident to a state of war, or weather conditions (as determined solely by BJ); national or local disruptions in ground transportation networks due to events beyond BJ’s control, such as weather phenomena, strikes, or natural disasters, terrorism and disruption of communication and information systems;
- Acts or omissions of any person or entity other than BJ, including BJ’s compliance with verbal or written delivery instructions from the Shipper, Consignee or persons claiming to represent the Shipper or Consignee;
- Loss of or damage to articles packed and sealed in packages by the Shipper, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the Consignee without written notice of damage on the delivery record;
- Loss and/or damage of any kind to external shipping containers;
- Erasure of data from magnetic tapes, or other storage media or erasure of photographic images or sound tracks from exposed film;
- Electrical and/or mechanical derangement of or concealed damages to used computer equipment;
- BJ’s inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
- Our failure to honor "package orientation" graphics or damage to shipments in packaging not approved by BJ prior to shipment where such prior approval is recommended or required herein;
- Shortages on shipments, which are banded, strapped, netted, shrink-wrapped or otherwise secured to bins, pallets, platforms or skids when such securing material is found to be intact at the time of unloading by the consignee; and
- Damage in transit or in the handling of, or concealed or other damage to, fluorescent tubes, neon lighting, neon signs, X-ray tubes, glass or other inherently fragile items.
Due to the inherent nature of the freight transportation business, in the absence of a written agreement executed by an authorized representative of BJ and the payment of an increased guaranteed delivery rate, BJ does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall BJ accept liability for special, incidental or consequential damages or delays in delivery. The parties agree that in the event of delay, BJ’s maximum liability shall be an amount equal to the freight charges incurred.CLAIMS FOR LOSS OR DAMAGE
- A. Filing of Claims. Shortages, loss and/or damage must be noted on the Bill of Lading by the Consignee or the Consignee's agent at the time of delivery. Receipt of the shipment by the Consignee or the Consignee's agent without notation of shortage, loss or damage will be prima facie evidence that the shipment was delivered in good condition. All claims for loss or damage to cargo must be filed with BJ, in writing, in accordance with the time periods set forth below. Any claim for loss or damage must include the following at a minimum:
- Date of shipment;
- The Bill of Lading number;
- The names and addresses of the Shipper and Consignee;
- A description of the property; and
- A copy of the original invoice for the property lost or damaged, or other documentation evidencing the actual loss or cost of repairs. Appraisal reports of damage, notations of shortage or damage, or both, on freight bills or delivery receipts, or inspection reports issued by BJ, whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, in and of themselves, not be considered sufficient to comply with the requirements of this paragraph.
- B. Acknowledgement of Claims. BJ will, upon receipt in writing of a claim in the manner prescribed above, acknowledge the receipt of such claim, unless BJ has paid or declined such claim in writing within thirty (30) days of the receipt thereof. BJ will indicate in its acknowledgement to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it to further process the claim. BJ will, at the time each claim is received, create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of that claim and all records and correspondence with respect to that claim, including formal acknowledgement of receipt, and, if in its possession, the shipping order and delivery receipt, if any, covering the shipment involved. At the time each claim is received, BJ will note the date of receipt on the face of the document and the date of receipt will also appear on the BJ’s written acknowledgement of receipt of claimant.
- C. Investigation of Claims. No claim will be processed by BJ until all transportation charges have been paid. The amounts of claims may not be deducted from transportation charges. Each claim filed against BJ in the manner prescribed above will be promptly and thoroughly investigated. When a necessary part of the investigation, each claim will be supported by the original Bill of Lading, evidence of freight charges, and either the original invoice, a photographic copy of the original invoice or an exact copy thereof, or an extract made there from, certified by the claimant to be true and correct with respect to property and value involved in the claim; or certification of price and value, with trade or other discounts, allowances or deductions of any type whatsoever, and the term thereof or depreciation reflected thereon. However, when the property involved was invoiced to the consignee shown on the Bill of Lading or where the invoice does not show price or values, or where property involved has not been sold, or where property has been transferred at bookkeeping values only, before voluntarily paying a claim thereon, BJ will require the claimant to establish the destination value in the quantity shipped, transported or involved, and to certify the correctness in writing. When an alleged claim for loss of an entire package or an entire shipment cannot be verified upon investigation, BJ will require the consignee of the shipment involved provide a certified statement that the property for which the claim is filed has not been received another source.
- D. Disposition of Claims. BJ will pay, decline to pay, or make a firm compromise settlement offer, in writing within one hundred-twenty (120) days after its receipt of the claim. However, if the claim cannot be processed and disposed of within one hundred twenty (120) days after receipt thereof, BJ, will, at that time and at the expiration of each succeeding sixty (60) day period, while the claim remains pending advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof and it will retain a copy of such advise to the claimant in its claim file. In no event will BJ accept responsibility for consequential damage or special damages beyond the value of the goods, or portion thereof, that are the subject of the claim.
- E. Disposition of Salvage. When as a consequence of damage goods are not delivered or are rejected or refused upon tender thereof to the owner, consignee or other party entitled to receive such goods, BJ after giving due notice, whenever practicable to do so, to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of a competent salvage agent. BJ will make every effort to dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein. BJ will make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and the claim, if any, filed thereon. BJ will also assign each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed. BJ will not dispose of any salvage materials or goods directly to an agent or employee of BJ or through a salvage agent or company in which BJ, or one or more of its directors, officers or managers has any interest, financial or otherwise. Upon receipt of a claim on a shipment on which salvage has been processed in the manner prescribed above, BJ will record in its claim file thereon the lot number assigned, the amount recovered, if any, and the party or parties lawfully entitled to receive same.
- F. Concealed Damage. Notwithstanding any provision contained in this Tariff to the contrary, in the event of concealed damage, i.e., damage which is not apparent at the time of delivery, the damage must be reported to BJ within seven (7) days of the date of delivery. Moreover, BJ must be allowed to physically inspect the damaged goods and the original packaging materials within fifteen (15) days of the date of delivery.
- G. Time Periods. All claims must be filed in writing with BJ within nine months of the date of delivery, or in the event of total loss of the shipment, within nine months of the date the shipment should have been delivered, and any civil action on a claim must be brought within two years from the date BJ gives written notice that the claim is being disallowed in whole or in part. The expiration of these time periods shall be a complete and absolute defense to any such action or proceeding, without regard to any mitigating or extenuating circumstance or excuse whatsoever.
If BJ is unable to deliver any shipment or package as addressed by Shipper, or if the package has an incorrect or incomplete address (examples include, but are not limited to, P.O. Boxes, missing suite or apartment numbers, old addresses and missing/incorrect ZIP codes), BJ will make reasonable efforts, to be determined in its sole discretion, to secure the correct or complete address. If the correct or complete address is secured, BJ, at its sole discretion, will attempt to deliver, and the Shipper will be provided with the correct or complete address in order to update Shipper’s internal records. An additional charge will be assessed for an address correction.UNDELIVERED FREIGHT
In the event of the failure or inability of the consignee to take delivery of a shipment, BJ will notify Shipper in writing at the address shown on the Bill of Lading and request disposition instructions. If the Shipper fails to provide disposition instructions within 30 days after the date of BJ’s notice, BJ will return the shipment to the Shipper at Shipper's expense. If the Shipper fails to accept delivery of a shipment thus returned, BJ may, upon 30 days written notice to Shipper and Consignee, dispose of the shipment at public or private sale, and pay itself out of the proceeds of such sale all sums due and payable, including transportation charges, detention and storage fees, attorney's fees and any other expenses of sale. Any excess proceeds will be remitted to the actual owner of the goods at the time of the sale. No sale or disposal hereunder shall discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper and Consignee shall remain liable, jointly and severally, for any deficiency, including storage and detention fees incurred as a result of the inability to deliver. Upon giving written notice to the Shipper, BJ’s liability shall become that of a warehouseman. Accordingly, BJ shall not be liable for any loss or injury to stored goods, however caused, unless such loss or injury resulted from the failure of BJ to exercise such care in regard to the stored goods as a reasonably careful man would exercise under like circumstances, and BJ is not liable for damage which could not have been avoided by the exercise of such care.STORAGE
Freight held in BJ’s possession through no fault of BJ, will be considered as stored and will be subject to the following provisions and charges:
- Storage charges will commence on the first day, excluding Saturdays, Sundays and holidays, after the freight is placed in storage;
- Storage charges will accrue at a per day rate determined by the type of items being stored, the weight and/or size of the items and the length of time to be held in storage.
The following articles will not be accepted for carriage: shipments requiring prior notification to accomplish delivery; shipments of extreme configuration or requiring special equipment; explosives; bulk; shipments requiring “Protective Security Service” or “Armed Guard Surveillance Service;” coins of any kind; currency; currency equivalents; and negotiable securities. BJ will not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of items of artwork (e.g. paintings, sculptures, etc.), original or replicated; antiques; furs; fur clothing; gems or stones (cut or uncut); industrial diamonds; gold or silver; coined concentrates; jewelry (other than costume jewelry); pearls; precious metals; time sensitive written material (e.g. bids, contract proposals, etc. when the declared value exceeds $.50 per pound); household goods and/or personal effects. Unless approved by BJ’s Chief Operating Officer or Chief Financial Officer, in writing, no employee or agent of BJ has any authority to accept such articles or to waive the limitations contained herein.COLLECT ON DELIVERY (COD) SHIPMENTS
Collect on Delivery (C.O.D.) service is provided under the following conditions: a) Shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the "C.O.D. Box" on the Bill of Lading, and the Bill of Lading must be signed by the Shipper or the Shipper’s agent; b) the Shipper must specify the type of payment to be received (e.g. check, money order or cashier's check); and c) BJ and Shipper agree that BJ does not guarantee or verify that a check, money order, cashier's check or other such financial instrument is valid or negotiable. When instructions to collect a cashier’s check or money order only are clearly indicated in the C.O.D. Box on the Bill of Lading, BJ reserves the right to accept a cashier’s check, money order, official bank check or other similar instrument issued by or on behalf of the Consignee. All payments of C.O.D.’s are based solely upon the Shipper assuming all risks relating thereto, including but not limited to, risk of nonpayment, insufficient funds and forgery, and BJ shall not be liable upon any such instrument. Unless prior arrangements are made, the acceptance of cash by BJ for repayment of freight charges and/or C.O.D. amounts is limited to a maximum of $500.00 per shipment and/or stop. Payments of freight charges and/or C.O.D. amounts in excess of $500.00 must be remitted by cashier's check, certified check, money order or consignee's check if authorized by the Shipper in writing. No inspection will be allowed nor partial delivery made until the full amount of the C.O.D. has been collected. C.O.D. shipments refused or unclaimed by the Consignee will be subject to the provision entitled “Undelivered Freight” set forth above.
Upon delivery of each C.O.D. package, BJ will attempt to collect the amount shown in the C.O.D. Box on the bill of lading and promptly forward the amount collected to the Shipper. The Shipper must notify BJ within 30 days from date of Shipment of a C.O.D. Shipment where the Shipper has not received payment of the C.O.D. amount, or any claim relating thereto shall be deemed waived. If collection cannot be made within two delivery attempts, or the Consignee refuses delivery, BJ will return the Shipment to Shipper, at Shipper’s expense. BJ will assess an additional charge for each C.O.D. Shipment tendered by Shipper.HAZARDOUS MATERIALS
Hazardous Materials tendered to BJ must be accompanied by a minimum of two copies of Shipper-prepared shipping papers, executed in accordance with Title 49 of the Code of Federal Regulation. Hazardous Materials must be shipped on separate Bills of Lading. All shipments must be packaged and limited to the material and quantities authorized for transportation according to the current requirements of Title 49 of the Code of Federal Regulations. BJ will assess an additional special handling fee of $0.35 cents per mile and $100.00 per Bill of Lading for all Hazardous Materials shipments.If a shipment containing Hazardous Materials is refused by the Consignee, leaks or is damaged, the shipment will be returned to the Shipper, if possible. If the Shipper refuses to accept the returned shipment or it cannot be returned because of leakage or damage, the Shipper is responsible and shall fully indemnify and hold BJ harmless from any damage or claim of whatever kind or type which may arise from or is related to Shipper’s tender of hazardous materials to BJ for transportation, including but not limited to environmental remediation and cost of responding to such claims, including claims, fines and penalties assessed by any regulatory agencies having jurisdiction or asserted by third parties, including attorney’s fees and the costs defense. HAZARDOUS MATERIALS NOT ACCEPTED FOR TRANSIT
BJ will not accept the following dangerous goods or hazardous materials:
- Class 1 Explosives, Divisions 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6;
- Class 2 Gases, Division 2.3 – Toxic Gas;
- Class 4 Flammable Solids, Division 4.2 – Substances liable to spontaneous combustion;
- Class 4 Flammable Solids, Division 4.3 – Substances, which in contact with water, emit flammable gases;
- Class 6 Toxic and Infectious Substances, Division 6.1 – Toxic Substances;
- Class 6 Toxic and Infectious Substances, Division 6.2 – Infectious substances; and
- Class 7 Radioactive Material.
BJ also will not accept any hazardous material in bulk or in a container having a capacity equal to or greater than 13,428 liters or with a gross weight equal to or greater than 1,000 kg.OVERSIZE FREIGHT
Shipments containing a piece with a length of eighty-five (85) inches or greater, or a height or width of fifty-nine (59) inches or greater or with a chargeable weight of more than four hundred (400) pounds is deemed to be oversize and may require an additional day in transit.PICK UP AND DELIVERY SERVICE
Normal pick up/delivery is weekdays between 8:00 a.m. and 5:00 p.m. Special pick up/delivery is defined as a pick up/delivery performed weekdays between the hours of 5:00 p.m. and 8:00 a.m., or on Saturdays, Sundays or legal holidays. Special pick up/delivery will be subject to a charge of two times the current hourly rate, subject to a minimum charge of $250.00.
The above special pick up and delivery charges are also applicable for any attempted special pick ups or deliveries, unless the failed attempt was the result of BJ’s negligence in performing the originally requested service.MISCELLANEOUS PROVISIONS
- A. The terms, conditions, and provisions of the Bill of Lading shall be subject and subordinate to the terms, provisions, and conditions of this Tariff, and in the event of a conflict between the terms, conditions, and provisions of the Bill of Lading and of this Tariff, the terms, conditions and provisions of this Tariff shall govern.
- B. All shipments are subject to inspection by BJ, however, BJ is not obligated to perform such inspection.
- C. In the event of interruption or delay of BJ’s service, at its sole discretion and bearing the full expense therefore, BJ may substitute service via any common or contract carrier.
- D. In the event a dispute arises out of the services provided by BJ, or the charges associated therewith, the parties stipulate and agree that any lawsuit shall be venued in the state or federal courts of the State of Wisconsin, or such other courts as specified by BJ.