- ITEM 781
-
LIABILITY LIMITATIONS
-
1. Freight
All Kinds (FAK) Pricing
Carrier’s
liability for loss or damage to any article(s) or part(s) thereof
for which the charges are determined by class exception ratings or
freight of all kinds (FAK) class exceptions is limited to the (1)
actual invoice value of the article(s) lost, damaged or destroyed;
(2) limited liability provisions of the bill of Lading; or (3)
applicable limited liability provisions of the NMFC (note 1);
whichever is less, subject to the maximums by exception class as
shown below, unless a higher value is declared and additional
charges are paid.
-
-
|
Class Exception |
- *Maximum
Liability
- Per Pound
|
| 50 |
$1.00 |
| 55 |
$2.00 |
| 60 |
$2.50 |
| 65 |
$4.00 |
| 70 |
$6.50 |
| 77.5 |
$7.00 |
| 85 & up |
$7.50 |
- * Maximum liability
per pound per individual lost or damaged piece within the shipment.
-
-
(1) When a number of individual pieces have been unitized,
strapped or otherwise fastened together, boxed, packaged or
contained on pallets or skids, or have been over packed in
additional complying package, Carrier’s liability will be determined
by separately multiplying the lowest level of liability for the
commodity being shipped times the weight of the total number of
individual pieces lost or damaged and not on the basis of the weight
of the total number of pieces.
2. Released Value – Used, Reconditioned or Refurbished Articles or
Parts (See NOTE B)
1.
Commodities as described in NOTE A below, when shipped as “used”,
“reconditioned” will be accepted for transportation only when the
consignor releases the value of the property to a value not
exceeding $.10 per pound with a maximum of $1,000.00 per shipment.
2.
Failure of the consignor to release the value of the property to a
value not exceeding $.10 per pound or declare that the commodity is
“used”, “reconditioned”, or “refurbished” shall not alter the
application of this item.
NOTE A – The provisions of this item include, but are not limited
to, the following commodities and their components thereof:
Machinery Group or Parts (NMFC Items 114000 through 133454);
Agricultural Implement Group (NMFC Items 6060 through 11690);
Aircraft Group (NMFC Items 1750 through 12420); Automobile Parts
Group (NMFC Items 17800 through 20252); Boad Group (NMFC Items 24500
through 25325); Electrical Equipment Group (NMFC Items 64600 through
66370); Vehicles, Motors, Parts (NMFC Items 188500 through 193100).
NOTE B – Applicable only on Class rated shipments, except will not
apply to those commodities named in NMF 100 Series which provide
specific Released Value provisions, unless the used article release
rate is less than the NMF 100 release rate.
3.
Additional coverage for shipments with an actual value, at cost,
greater than the limitations set in this item
and item 780 can be obtained by contacting the Nebraska Transport
Co., Inc. corporate office at 800 347
6331. The rate for additional coverage will be $3.00 per $100.00 of
excess valuation subject to a minimum
charge of $60.00.
4.
Volume shipments
– Shipments for which a volume rates (reduced freight charges) are
quoted will have a
maximum liability limit to carrier of
a.
$1.25 per pound per piece, if new,
b.
$0.10 per pound per piece, if used,
c.
Actual value, at cost, per pound perpiece if less than a. or b.
above, whichever is less.
5.
Per pallet rated shipments
– Nebraska Transport Co., Inc. will
from time to time publish per pallet rates that will be billed
according to the number of pallets or pallet positions that
shipments require in transit. The maximum weight or height of items
will be defined in the discount tariff or pricing agreement. When
the weights or heights exceed the maximum an additional pallet will
be billed for each instance where pallets are overweight or
overheight.
a.
When shipments are loaded on pallets and subject to rates based on
the number of pallets, Carrier’s liability will not exceed the
assessed per pallet freight charges.