EXCEPTION CLASS RATINGS & METHOD OF DETERMINING RATES BY USE OF EXCEPTION RATING (CLASSES) IN SECTION 2

 (1) In any tariff which is governed by this rules tariff when an "FAK" class is published this class indicates an exception to NMFC class Freight All Kinds Class which shall apply, except as noted, on all shipments originated by the shipper named in that tariff. 

  (2) Freight All Kinds (FAK) classes are subject to the following terms and conditions:

       (a) FAK classes will apply on Minimum Charge, LTL or AQ shipments on all outbound shipments.

       (b) FAK classes will apply on single line traffic and on joint line traffic with participating carriers in this tariff.

       (c) FAK classes will not apply on inbound shipments on either single or joint line, unless specifically noted as applying  on inbound traffic and then shall only be applicable when picked up by NTC from a direct service point.

       (d) FAK classes are separate and distinct from discount.  Where a discount is published as applying on inbound  shipments (prepaid and collect) the term "discount" does not extend to include FAK classes.

 To determine rates by use of exception ratings (classes) shown in Section 2 of this tariff, refer to tariffs, price sheets or   rate disks, ascertain the rate basis number from origin to destination and then apply the provisions of Section 2 of this   tariff by use of the Table of Class Rates and Charges in tariffs, price sheets or rate disks, either public or private.

ITEM 515

SPECIAL SERVICE – GUARANTEED DELIVERY

1.       Guaranteed delivery shipments are guaranteed LTL transportation services for shipments between direct, domestic service points located within the areas serviced by Nebraska Transport Co., Inc. 

2.       A list of eligible ZIP codes is available by request. 

3.       Guaranteed delivery shipments are guaranteed to be delivered complete and on time at the standard speed service standards before 12:00 PM (noon) or before 5:00 PM local time depending on the service requested.  All guaranteed transits are exclusive of Saturdays, Sundays and all national, state and local holidays.

a.    Holidays will be defined as: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day or any other day generally observed as a holiday by the carrier at the point where the service is performed.  When the holiday falls on Sunday, the following Monday will be observed as a holiday.  When the holiday falls on Saturday, the prior Friday will be observed as a holiday.

4.       In case of a failure, short delivery or non-delivery on the day or window promised and within the time limits specified in subparagraph 3.  Carrier’s maximum liability shall be limited to the cancellation or refund of all shipment charges.  Carrier will not be liable for any special, incidental, or consequential damages, commercial loss of any kind (including loss of business or profits, or loss, damage, or expense directly or indirectly arising

from this agreement whether or not Carrier has been advised of the possibility of such damage or loss).  For Guaranteed delivery shipments, if carrier does not complete delivery or tender for delivery in the time parameter requested by the customer and accepted by carrier, carrier will cancel 100% of line haul charges on customer request.  If the shipment charges have already been paid, then a refund will be issued in the amount of the paid line haul charges.  Cancellation of charges must be filed through customer service within 15 days of the shipment’s delivery date. 

5.       Customer Responsibilities

a.       The customer must contact a service center via phone no later than 3:00 PM local time on the day of pickup to request the pickup of a Guaranteed Delivery service shipment, advising the Carrier that the pickup request involves such a shipment.  Any special services or equipment requirements must be requested at this time and either approved or declined by a management representative of the origin Carrier.  The freight must be ready for pickup no later than 5:00 PM local time that business day.  Since Nebraska Transport serves many rural areas it may not be possible to pickup shipments outside the serving terminal’s immediate locale the same day that the request is made.

b.      Prior to shipment, the customer must plainly mark the bill of lading in bold print or type with “GUARANTEED DELIVERY”.

c.       Collect shipments will be accepted provided the Shipper does not execute Section 7 of the bill of lading.

d.      Special services and equipment requirements requested of and approved by the Carrier must be clearly written on the bill of lading.

e.      If the customer requests a Guaranteed Delivery time on the bill of lading that is not available in the Carrier’s system, Carrier will move that shipment at the next fastest Guaranteed Delivery time available.

f.        If the customer only writes Guaranteed on the bill of lading, carrier will move the shipment as an end of day Guarantee.

6.       Weekend or holiday deliveries are not available for Guaranteed Delivery shipments.

7.       Pricing for Guaranteed delivery before 5:00 PM will be a 20% premium on net line haul freight charges, based on the current pricing for the paying customer, subject to a $50.00 minimum up charge.   Pricing for Guaranteed delivery before noon will be a 30% premium on net line haul freight charges, based on the current pricing for the paying customer subject to a $60.00 minimum up charge.  Any fuel surcharge will be assessed on the line haul freight charges only.

8.       In the absence of a specifically stated base rate publication this publication or other pricing agreements or contracts, pricing for Guaranteed service will be from Carrier’s current rates tariff or negotiated specifically between carrier and customer on a shipment by shipment basis.

9.       The following commodities are not eligible for guaranteed delivery service.

a.       All prohibited or restricted articles (see Item 780)

b.      Any pieces over 14 feet in length.

c.       Any shipment that requires protective service (see Item 930 Temperature Protective Service).

10.   The following delivery types are not eligible for guaranteed delivery service: 

a.       Deliveries requiring an appointment

b.      Collect On Delivery (COD)

c.       Order Notify

d.      Shipments over 10,000lbs or requiring more than 14 linear feet of trailer space or with pieces that are more than 14 feet in length.

e.      Shipments requiring delivery to private residences, dormitories, businesses located at a private residence, farm or ranch.

f.        Shipments requiring pre-notification of delivery.

g.       Shipments that are dock pickup or will call.

h.      Shipments that involve spotted trailers at delivery

i.         Shipments consigned to military installations

j.        Any service request declined by the Carrier at the time of guaranteed service request.

k.       Any service not requested by the Shipper at the time of guaranteed service request or required by the consignee at the time of delivery that has not been requested at the time of guaranteed service request.

11.   Force Majeure or Acts of God:

a.       Either parties’ performance shall be excused and neither party shall be liable to the extent performance is precluded by Force Majeure or Acts of God.

b.      Charges for guaranteed delivery service shipments that are delayed by an act of God or Force Majeure, or other causes beyond Carrier’s control will be billed at normal pricing published for the payer.

12.   An attempted delivery shall constitute a delivery and shall satisfy Carrier’s obligations for services.  In the case of refusal, our driver will attempt to get the refusing party’s signature, date, time and reason for refusal or inability to deliver. 

13.   Attempted delivery to a wrong address due to incorrect or incomplete Consignee information provided by the Shipper shall constitute a delivery and shall satisfy Carrier’s obligations for services.  The resulting required changes to the bill of lading will be assessed at the normal rate.

14.   Deliveries requiring special services or equipment are excluded from the Guaranteed delivery service offering unless specifically approved by origin Carrier management prior to pickup.  

ITEM 520

EXPEDITED SERVICE

The terms "Expedited Service" as used herein means that immediate dispatch of the appropriate equipment, vehicle or trailer will be made, subject to availability or either equipment or drivers, and pick up and delivery will be accelerated and that shipment will be handled with other than normal dispatch.

(a) The request must be given in writing or placed on the bill of lading and shipping order stating

     "Expedited Service Requested per ____________________________________________."

                                                                (Name of Authorizing person)

(b) Charges are to be paid or guaranteed by the party requesting the service and the non recourse

     stipulation on the bill of lading may not be executed.

(c) When the shipment is tendered to carrier on a bill of lading marked "Expedited Service Requested"

     and the shipment has begun its movement to the destination a corrected bill of lading will not be

     accepted to remove the application of the provisions herein.

(d) The following charges will be assessed on each shipment in addition to all other applicable charges.

     All charges will be billed at the same weight as billed on the freight bill.

Where the weight or charge is:

	Weight Freight	Charge	Additional Charge
		$1.00 - $50.00	$150.00
	1 - 499 lbs		$150.00
	500 - 999 lbs		$200.00
	1,000 - 1,999 lbs		$250.00
	2,000 - 4,999 lbs		$300.00
	5,000 - 9,999 lbs		$350.00
	10,000 - 19,999 lbs		$400.00
	20,000 - 29,999 lbs		$450.00
	30,000 - 46,000 lbs		$500.00