Statement of Carrier's Terms and Conditions for the Carriage of Freight and Limit of Liability
Statement of Carrier's Terms and Conditions for the Carriage of Freight and Limit of Liability
Effective Date: 9/16/2023
Special Service Freight Company of the Carolinas, Inc.** and its agents (referred to collectively as "SSFC") reserve the right to amend these Terms and Conditions of Service ("TCoS") at any time. Your continued use of our services after such changes constitutes your agreement to be bound by the revised TCoS. We recommend that you review this document periodically to stay informed of any updates.
In the event that any provision of these TCoS is deemed invalid, unlawful, or against public policy by any authority, such a finding shall not affect the validity of the remaining TCoS provisions. The invalid portion shall be severed from the TCoS, and a legally applicable replacement will be substituted in its place to reflect SSFC's intent.
By entrusting any freight/shipment or related task to SSFC, directly or indirectly through its agents, the Shipper explicitly accepts the Terms and Conditions of Carriage outlined below. No agent, employee, or representative of SSFC has the authority to modify, alter, or waive any provisions of the carriage contract or these terms and conditions.
All shipments tendered may be subject to weight and dimension (DIM) verification by Special Service personnel, and this re-weigh/re-DIM will be considered accurate. Transportation charges will be assessed based on the greater of the gross weight or dimensional weight of the shipment.
If a re-weigh or re-DIM occurs, the waybill shall be marked as "re-weighed" or "dimensions added." The signed delivery receipt with these notations shall take precedence over any weight or measurement indicated on the shipper's paperwork. Any difference in the declared weight/size of a shipment will be recorded on the customer waybill, and the correct weight charges will be applied. Actual and dimensional weight includes the pallet, PMC, crate, or any other loading device used to secure and handle the freight.
The locally published and applied dimensional weight factor will be applied if it exceeds the actual gross weight. Measurements will be based on the greatest height times the greatest width times the greatest length dimension of the package, or for packages tied together, it shall be based on the greatest dimension of the tied group of packages. The total cubic inch dimension of the shipment will be divided by the local DIM factor to determine the dimensional weight.
Shipments containing a piece exceeding 12ft (144 inches) in length will be subject to a $75 'Over-length' Fee, in addition to all other applicable charges. Shipments with a piece exceeding 20ft (240 inches) in length will incur a $125 'Over-length' Fee, in addition to all other applicable charges. Special Service reserves the right to postpone the transport of such freight until suitable space is available on its equipment.
A quote/pricing will be valid only when accompanied by a previously issued quote number. When accepting a quote and confirming the task, this number must be referenced back to the Station for pricing confirmation. Failure to provide a quote number will result in re-quoting, or if not re-quoted, pricing will be based on the published tariff rates listed at the time of invoicing. Unless stated otherwise in writing, all quotes are valid for seven days and do not confirm availability until accepted as a firm commitment by dispatch.
To maintain low Transfer Fees, SSFC imposes a maximum "Transfer liability limit" of $250 on all incidentals related to transfer mislabels/misrouting, omissions, missed drops, or costs associated with correcting 'crossed-freight' situations.
All freight must be correctly labeled with the current destination label. In cases of consolidated shipments, each piece must bear proper labeling to identify it as part of the consolidation. SSFC will not be responsible for delays or losses resulting from incorrectly labeled freight.
The shipper must prepare and provide a non-negotiable waybill with each shipment for transportation, including all necessary details. If the shipper fails to present such a waybill, SSFC will prepare one, subject to rules and regulations in effect at the time of acceptance, and the shipper shall be bound by it. The shipper is responsible for the accuracy of the particulars and statements related to the shipment in the waybill.
Special Service is not responsible or liable for delays in transit.
If freight consigned to SSFC for pickup from third parties cannot be met on time, SSFC will not be liable for storage charges incurred by the Shipper, Consignee, or any other third party. This includes situations outside our control, such as short notice of pickup, excessive wait times, IT issues, unacknowledged pickup agreements, or mechanical breakdowns. In any event, even if SSFC is at fault, its liability will not exceed 1% of the claiming party's revenues paid to SSFC in that financial year.
For inbound freight, SSFC acts as a receiving agent on behalf of other shippers/carriers. Freight consigned for pickup to someone other than SSFC must be collected by noon on the day following notification that the freight is available for collection. Failure to do so will result in storage charges at the greater of $10.00 per piece or $2.50/cwt per day or part thereof (based on actual weight or 200 DIM), payable by the initiating Shipper/Carrier.
SSFC charges a fee for all Declared Values (DV) applicable to its handling. DV is assessed at $0.75 cents per $100 DV, pro-rated. SSFC will not be liable for any claim until all associated handling and transit costs and the charges for DV are fully paid. The absence of DV or a "No Declared Value" (NDV) on the paperwork directed to SSFC excuses SSFC from anything exceeding its Limit of Liability.
All DVs accepted by SSFC must be documented in writing by an SSFC supervisor, supported by a specific DV charge levied and paid. SSFC will accept a written Waiver of DV on a shipment if it states that the DV applies only to other parties and excludes SSFC.
Shipments with a DV between $1,000.00 and $10,000.00 require written acknowledgement and acceptance from the Manager of the local SSFC office. Shipments with a DV between $10,000.01 and $50,000.00 require written acceptance by the COO or President. SSFC will not accept or be liable for shipments with a DV of $50,000 or higher without the prior written consent of the President of SSFC. These acknowledgments apply solely to the specific shipment and do not extend to subsequent similar moves.
Consolidated shipments with a DV must list the individual shipper waybill for which declared valuation coverage is desired on the face of the SSFC waybill. In the absence of this information, the declared value will be divided by
the total weight of the consolidated shipment for the purpose of determining claim liability.
All shipments are accepted on an airport-to-airport, airport-to-door, or door-to-door basis. Additional services requested may incur extra charges. SSFC agrees to transport all commodities, except those prohibited by law, provided they are packed suitably for carriage, do not endanger persons or property, and comply with applicable Dangerous Goods Regulations.
SSFC will not accept the following types of shipments:
1. Explosive Class A and Class B articles
2. Poisonous Article Class A and Class B items as per the Department of Transportation Hazardous Materials Regulations (49 CFR, parts 171-177)
3. Live animals
4. Shipments requiring accompanying personnel
5. Shipments requiring SSFC to obtain federal, state, or local transportation licenses
6. Unpackaged wearing apparel on hangers
7. Precious metals (e.g., gold, silver)
8. Money, jewelry, negotiable paper, and valuables
9. Shipments requiring special protection
10. Hazardous waste in any form
Responsibility for non-compliance with these conditions for unacceptable or conditionally acceptable shipments rests with the shipper and consignee, who will be liable to SSFC for any losses, costs, damages, or penalties resulting from the carriage of such consignments. All shipments are subject to inspection by SSFC.
All charges are due and payable within fifteen (15) days from the invoice date, unless otherwise agreed in writing by the SSFC Controller or President. By tendering shipments to SSFC or requesting ancillary tasks, the Shipper confirms its acceptance of SSFC's full tariff for the movement and handling of the shipment. Irrespective of shipper instructions, the shipper and consignee are jointly and severally liable for all transportation-related costs and expenses, including those incurred due to the designated Payor's inability to pay the charges.
Additionally, the shipper is responsible for any costs associated with returning undeliverable shipments or warehousing them pending disposition. SSFC maintains a lien on such shipments for all sums due and payable by the Payor, whether for this shipment or past sums due.
All conditions of carriage for shipments handled by Special Service are governed by SSFC's general Standard Operating Procedures, which are hereby incorporated into this document. Please note that certain items such as rugs, mattresses, kayaks, and other loose freight lacking sufficient packaging protection may be subject to damage claim rejection if inadequately packaged.
SSFC shall not be liable for loss, damage, or delay resulting from Acts of God, actions by public or regulatory authorities, labor disputes, weather, mechanical failures, shipper or consignee actions, inadequate packaging, concealed damage, or inherent factors in the nature of the freight. SSFC shall not be considered liable for any special, incidental, consequential, or economic damages for any reason. No SSFC personnel have the authority to waive this liability.
By using SSFC's services, the Shipper certifies its familiarity with all the terms and conditions governing the shipment's transportation and agrees to be bound by these terms and conditions. In the event SSFC initiates legal action to enforce any part or the entire contract, the Shipper and/or Consignee shall be liable for all associated costs and reasonable attorney fees.
Unless a declared value amount is shown and accepted by SSFC, or extra coverage is explicitly requested and approved by SSFC with corresponding payment, the Carrier's Limit of Liability is $0.50 per pound, up to a maximum of $50.00, for loss or damage to the shipment's contents. All claims require proof of value.
At no time shall SSFC be liable for anything exceeding its Limit of Liability, except as follows:
- Shipments with a DV between $1,000.00 and $10,000.00 require written acknowledgment and acceptance with the Manager of the local SSFC office.
- Shipments with a DV between $10,000.01 and $50,000.00 require written acceptance by an SSFC Corporate Officer (Controller, General Manager, or President).
- At no time shall SSFC accept or be liable for a shipment with a DV of $50,000 or higher without the prior written consent of the President of SSFC.
The Carrier's Limited Liability applies exclusively to damaged or lost goods and does not encompass any other costs stemming from such loss or damage.
Only an 'Officer' of the Company has the authority to 'bind' SSFC to any written, implied, or tacit agreement or liability in any manner. The sole Officer with such authority is the President of the Company. Past instances where the Company acted on commitments agreed to by individuals other than the authorized Officer should not be considered as a waiver of this sole authority.
All shortages and/or apparent damage must be noted on the Bill of Lading by the consignee or their agent at the time of delivery. Any damage must be photographed and documented before the freight is moved from its original position within the vehicle or consignee/shipper location while under Special Service's control. Any handling by the consignee before damage is recorded, or after a clean sign-off has been given, will be considered the point at which consignee assumes full control and liability for the freight. Collateral damage to property or premises must also be recorded upon delivery.
Notice of intent to file a damage or concealed damage claim must be submitted in writing to the Carrier within 5 days of the Carrier's handling of the shipment.
The actual claim, whether for loss, apparent damage, or concealed damage, must be filed in writing with the Carrier within 30 days after the Carrier accepted the shipment. It must include the shipment date, the Carrier's Freight Bill number, the names and addresses of the Shipper and Consignee, and a copy of the original invoice for the property allegedly lost or damaged. Failure to file the claim within the 30-day limit will result in claim denial.
Legal action to enforce a claim must commence within 90 days after the claim has been denied. Claims may not be deducted from transportation charges.
- Domestic freight tariff for 'declared value' is $0.75 cents per $100.00 in declared value, with a maximum of $100,000.00, subject to the limits of authorization for acceptance of DV as detailed above.
- International tariff for 'declared value' is determined by separate agreement. If not in place prior to freight origination, it will invalidate any declared value on the Alert or subsequent claims.
These updated Terms and Conditions supersede any previous versions and are effective as of the date stated above.