Tariff 100 Item 780 (U.S. Domestic and Cross Border)
RULES, CHARGES AND ACCESSORIAL SERVICES
EXCESS & MAXIMUM LIABILITY COVERAGE
Inquiry Date: FEBRUARY 14 2019
Effective date: JANUARY 02 2019 |
Section 1: Prohibited and Restricted Articles
EXCESS & MAXIMUM LIABILITY COVERAGE AND PROHIBITED & RESTRICTED ARTICLES
BETWEEN USA AND USA TO CANADA AND FROM OR TO MEXICO PROHIBITED AND
RESTRICTED ARTICLES
DEFINITION - The following prohibited or restricted articles will not be
accepted for shipment or as premiums accompanying other articles. If the
following are inadvertently accepted, the portion of shipment containing
the following commodities shall be subject to a maximum liability of $1.00
per pound per package:
ARTICLES not accepted for shipment as indicated in Item 540 of this
tariff.
ASBESTOS friable (crumbly)
ARTICLES OF EXTREME CONFIGURATION over 27 linear feet,
I.E., shipments as described in Tariff 100 item 670 containing one
or more articles measuring over 27 linear feet
BLOOD, BLOOD RELATED COMPONENTS AND BLOOD RELATED PRODUCTS,
I.E., dried, frozen and liquid blood and plasma as described in
NMFC item 24220 through 24280 including sub numbers.
CIGARETTES AND CIGARS,
I.E., e-cigarettes, imitation, consisting of a hollow plastic tube
with nicotine plug, with or without paper labels, e-cig liquid,
tobacco, manufactured, chewing or smoking, cut or granulated, kits,
snuff, unsalable, in wrappers, in boxes, drums, or packages as
described in NMFC items 47750, 47760 through 47840 including sub
numbers.
EXPLOSIVES not accepted for shipment as indicated in item 540 of
this tariff.
NITROCELLULOSE
DEFINITION - When shipments originate or are destined to Mexico, the
following will not be accepted for shipment or as premiums
accompanying other articles. If the following are inadvertently
accepted, the portion of shipment containing the following
commodities shall be subject to a maximum liability of $0.10 per
pound per package.
HOUSEHOLD GOODS - As described in NMFC items 100200 thru 100292.
DEFINITION - The following will not be accepted for shipment or as
premiums accompanying other articles. If the following are
inadvertently accepted, the portion of shipment containing the
following commodities shall be subject to a maximum liability of
$1.00 per pound per package. While in Mexico, the maximum liability
as provided in Liability Limits described herein will apply.
BANK BILLS
COLLECTIBLES, OTHER THAN NEW
COMMODITIES - Unpackaged bulk commodities
CURRENCY other than coin; monetary coins will not be accepted as
premiums with other articles except as provided in item 310 of STB
NMF 100 series.
DEEDS
DRAFTS
JEWELRY other than costume or novelty jewelry.
LETTERS with or without stamps affixed. U.S. Mail will be accepted
when the consignor or consignee is the U.S. Post Office.
MUSEUM EXHIBIT OR ARTICLES OF ANTIQUITY, except antique furniture
subject to items 100240, 100260 or numismatic exhibits subject to
item 63830 of STB NMF 100 series or RDWY 301 series.
NOTES
ORIGINAL WORKS OF ART OR SCULPTURES including reproductions from an
original, authenticated by the artist (limited editions), except
pictures or paintings subject to items 100240, 100260 and 149420 of
STB NMF 100 series or RDWY 301 series will be accepted for shipment.
PAPERS - Valuable paper of any kind
POSTAGE STAMPS
PRECIOUS STONES
REVENUE STAMPS, except U.S. Internal Revenue distilled spirits
stamps, which will be accepted in truckload or volume shipments
only.
STALLS, STALL GUARDS, AND STANCHION FRAMES (LIVESTOCK) - As
described in NMFC items 65940 and 66040.
STONES - Precious Stones
NOMENCLATURE - The term "package" used in this item means any primary
shipping package authorized by the provisions of individual
publications or classification items. When a number of packages have
been unitized, strapped, or fastened together on pallets, platforms,
skids or have been over-packed in an additional complying package,
the carrier's liability will be determined by separately multiplying
the weight of each individual package lost or damaged, subject to the
applicable ceiling of liability, and not on the basis of the weight
of the total number of packages.
TRADE SHOW LIABILITY - For shipments between USA and USA to Canada
where freight is held in carrier's possession for delivery to a
convention or exposition facility, the first calendar day after
arrival at the carrier's terminal, carrier's liability will be that
of a warehouseman, as defined in the Uniform Commercial Code Sec.
7-204(1) and carrier's liability will be limited to $1.00 per pound
per package.
PAYMENT OF CHARGES - Charges are to be paid by the party responsible
for payment of the otherwise applicable freight charges.
CORRECTED BILLS OF LADING - Corrected bills of lading requesting or
rejecting cargo protection or a change in the declared value amount
will not be accepted.
Section 2: Standard Liability Limitations
The standard liability limitations are outlined below. For exceptions to
the standard limitations, please see Section 3: Specific Liability
Limitations.
I. Liability Limits
Unless the tariff has a lower liability limit specified, in the event of
loss, damage or delay to any shipment, the carrier's liability will not
exceed the limits described in the below table per pound per package, with
a maximum of $25.00 per pound per package, subject to a maximum liability
of $100,000.00 per shipment, whichever is less, unless the shipper has
requested excess liability coverage.
Except articles specifically named in this item, articles of extraordinary
value will be accepted for shipment or as premiums accompanying other
articles, provided the shipper requests excess liability coverage as
provided herein. Articles tendered with an invoice value exceeding $25
per pound per package or $100,000 per shipment will be considered to be of
extraordinary value. Such articles will not be accepted for transportation
unless the shipper requests Excess Liability coverage.
Articles inadvertently accepted with an invoice value exceeding $25 per
pound per package or $100,000 per shipment without Excess Liability
coverage will be considered to have been released by the shipper at $25
per pound per package or $100,000 per shipment, whichever is less.
Exception class Non-FAK shipments where the rate is not based on class,
including but not limited to, point-to-point rates, pallet programs, flat
charge per shipment, rates based on per linear foot or per trailer, rates
per pound or shipment density, will have a maximum liability of $2.00 per
pound per package.
The liability limits per pound are based on the rated class of the
shipment. The limits by rated class are shown below:
Class/FAK Liability/lb.
Exception class Non-FAK $ 2.00
50 $ 2.00
55 $ 2.00
60 $ 3.00
65 $ 5.00
70 $ 5.50
77.5 $ 8.00
85 $ 10.00
92.5 $ 12.00
100 $ 14.00
110 $ 16.00
125 $ 17.00
150 $ 18.00
175 $ 19.00
200 $ 20.00
250 $ 20.00
300 $ 20.00
400 $ 25.00
500 $ 25.00
II. Excess Liability
Except as provided herein, shippers can request a maximum $1.9 million of
excess liability for customers who require carrier liability beyond the
Standard Liability Limits.
When added to the initial Standard Liability Limit of $100,000 per
shipment the maximum liability will not exceed $2 million.
In no case will the carrier's liability exceed the actual value of the
property.
Excess liability coverage is available between all points except Mexico at
a rate outlined in Table 1 below.
Excess liability coverage will not apply to claims related to damage due
to freezing. For shipments rated on the DFQ (Dimensional Freight Quote)
Program, excess liability up to $5/lb may apply to claims related to
damage due to freezing when Freezable Protective Service (item 810) is
also engaged on the bill of lading.
To request Excess Liability coverage, shippers at time of shipment must
write the following on the Bill of Lading, "Excess Liability Coverage
Requested," and the dollar amount of Excess Liability coverage requested.
EXAMPLES:
Shipper requesting $10,000.00 additional excess coverage would endorse on
the bill of lading as follows:
"$10,000.00 excess liability coverage requested"
or
"Excess liability coverage requested: $10,000.00"
NOTE: A declared value on the bill of lading, standing alone, is
not acceptable as a request for excess liability coverage.
CHARGES - In addition to the lawful freight charges otherwise
accruing to the shipment, the carrier will assess an additional
charge as provided in Table #1 for coverage in excess of the
initial maximum liability.
Shipper agrees to indemnify, defend and hold YRC Freight harmless for any
loss, liability or claim, including fines, which YRC Freight may incur
from Shipper's failure to comply with this paragraph.
See section V for Defective/ Obsolete / Waste excess liability.
See section VIII for excess Mexican Liability.
See section IX for Cargo/Air excess liability.
III. Released Value Goods- Liability Limits
Carrier's level of liability will be limited to the released value
declared by the shipper on the Bill of Lading at time of shipment.
If the shipper does not declare a released value on the Bill of Lading,
YRC Freight liability in the case of loss or damage is the lowest released
value stated in YRC Freight Tariffs 100 or 301, whichever is less.
Excess Liability is not available on Released Value goods.
When added to the initial Released Value Goods Liability Limit, the
maximum liability will not exceed $225,000.
In no case will the carrier's liability exceed the actual value of the
property.
IV. Used Commodities
In lieu of the valuation indicated in the NMFC, valuation, rates and
charges on USED or RECONDITIONED articles (as defined in Tariff 100, Item
110) will be as follows:
When Consignor or Consignee declares no value or declares an actual or
released value of 50 cents or less per pound per package or fails to
describe articles as used or reconditioned on the original Bill of Lading:
Apply 100 percent of the Customer's otherwise applicable charges as
published in tariffs subject to this item.
Carrier's maximum liability shall not exceed 50 cents per pound per
package or $10,000 per incident, whichever is lower.
When Consignor or Consignee requests EXCESS LIABILITY COVERAGE for used or
reconditioned articles exceeding 50 cents per pound per package and
describes the articles as used or reconditioned on the original Bill of
Lading:
Apply a rate of $4.75 per additional $100 of coverage with an
$85.50 minimum as outlined in Table 1 below.
Consignor or Consignee will indicate on the original Bill of Lading
in the description of articles section: "Excess liability coverage
requested in the amount of $5.00 per pound per package."
In no event shall Carrier's maximum liability for used or reconditioned
articles exceed the actual value or $5.00 per pound per package, whichever
is less, with a maximum of $10,000 per incident.
In all cases, the weight of packaging and/or shipping container, pallets,
skids and the like shall not be included when determining excess liability
coverage or Carrier's maximum liability. Additional liability coverage IS
NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.
Failure of the consignor to declare the commodity as a Used Commodity will
not alter the application of this item.
Corrected Bills of Lading will not be accepted involving released values.
For used commodity liability for Time Critical ONET shipments see section
VII.
V. Defective/ Obsolete / Waste
Shipments of any Defective, Outdated, Obsolete, Unsellable , Waste
articles shipped for purposes of Reclamation or Scrap articles of any kind
will be accepted only when released at a value not exceeding $0.10 per
pound per package.
Failure of the consignor to declare the commodity as a Defective,
Outdated, Obsolete, Unsellable, Waste articles shipped for purposes of
Reclamation or Scrap articles of any kind will not alter the application
of this item.
Defective, Outdated, Obsolete, Unsellable, Waste articles shipped for
purposes of Reclamation or Scrap articles of any kind are not eligible for
Excess Liability. In no event shall the Carrier's maximum liability
exceed $0.10 per pound per package.
Section 3: Specific Liability Limitations
I. Limited Liability Commodities
When shipments contain any of the below commodities, either by specific
NMFC or description, the Carrier's Liability will not exceed the Limited
Liability per Pound or Maximum Liability per Occurrence, as shown in the
below table. Carrier's Liability is restricted to the lowest applicable
Liability Limit Amount found within Tariff 100, item 780 and 781. Limited
Liability Commodities tendered with an invoice value exceeding the below
limitations are able to purchase Excess Liability at the applicable rates,
defined herein.
Limited Maximum
Liability Description of Commodities NMFC Liability
Per Pound Per
Occurrence
Incandescent, Fluorescent or 87800-
$0.10 other type of lighting bulb 87810 $10,000
$0.10 Household Goods 100240 $10,000
114000-
$0.50 Uncrated Machinery 133300 $50,000
79000-
$2.00 Furniture Group 82670 $50,000
Furnaces, house heating, hot
$2.00 air 26260-
26282 $50,000
$2.00 Water Heaters 26520-
26525 $50,000
Cards or Tickets, paper or
$5.00 plastic 40750 $50,000
$5.00 Computer systems, components 116030 $50,000
$5.00 Boat Group 24540-
24544 $50,000
108700-
$5.00 Ladders 108922 $50,000
Plasma, Projection, LCD, LED,
and any other Television 63321-
$5.00 product 63325 $50,000
II. YRC Freight Time Critical INET Shipments
EXCESS LIABILITY - Except as provided herein, shippers can request a
maximum $125,000 of excess liability for customers who require carrier
liability beyond the Standard or Released Value Goods Liability Limits.
When added to the initial Standard Liability Limit of $100,000 per
shipment, the maximum liability will not exceed $225,000.
III. YRC Freight Time Critical ONET Shipments
EXCESS LIABILITY - Except as provided herein, shippers can request a
maximum $125,000 of excess liability for customers who require carrier
liability beyond the Standard or Released Value Goods Liability Limits.
When added to the initial Standard Liability Limit of $100,000 per
shipment, the maximum liability will not exceed $225,000.
Unless the tariff has a lower liability limit specified, in the event of
loss, damage or delay to any shipment, the carrier's liability will not
exceed $1.00 per pound per package, subject to a maximum liability of
$100,000 per shipment, whichever is less, unless the shipper has requested
excess liability coverage.
Except articles specifically named in this item, articles of extraordinary
value will be accepted for shipment or as premiums accompanying other
articles, provided the shipper requests excess liability coverage as
provided herein. Articles tendered with an invoice value exceeding $1.00
per pound per package or $100,000 per shipment will be considered to be of
extraordinary value. Such articles will not be accepted for transportation
unless the shipper requests Excess Liability coverage.
Articles inadvertently accepted with an invoice value exceeding $1.00 per
pound per package or $100,000 per shipment without Excess Liability
coverage will be considered to have been released by the shipper at $1.00
per pound per package or $100,000 per shipment, whichever is less.
USED COMMODITIES - Carrier's liability for Used Commodities (as described
in Tariff 100, Item 110) is limited to the lesser of the actual value or,
the released value shown in NMFC 100 series or, the lesser of the
following applicable liability limits.
Released to a value of $0.10 per pound per package will be rated at 100%
of applicable Class or Commodity Rates and/or 100% of the Minimum Charge.
IV. Canada Liability
See Tariff 100 Item 781
V. Mexico Liability
Unless the tariff has a lower liability limit specified, in the event of
loss, damage or delay that occurs to any shipment in Mexico, or at the
U.S. / Mexican border, the carrier's liability will not exceed $0.50 per
pound per package up to a maximum of $5,000 per shipment whichever is
less, for shipments with an origin or destination outside Mexico.
Articles inadvertently accepted with an invoice value exceeding $0.50 per
pound per package without Excess Liability coverage will be considered to
have been released by the shipper at $0.50 per pound per package.
The provisions of this item that pertains to Mexico are applicable only
for shipments received by YRC Freight, or when transportation is arranged
by YRC Freight.
Liability Protection will apply only for the portion of transportation
while in Mexico.
For shipments with an origin and destination of Mexico, not including the
gateways of Juarez, CH; or Nuevo Laredo, TM; the carrier's liability will
not exceed $0.10 per pound per package up to a maximum of $200 per
shipment whichever is less. Articles inadvertently accepted with an
invoice value exceeding $0.10 per pound per package without Excess
Liability coverage will be considered to have been released by the shipper
at $0.10 per pound per package.
Except as provided herein, shippers can request a maximum $45,000 or
$49,800 of Excess Liability for customers who require carrier liability
beyond the Standard Liability Limits for a total of $50,000 when added to
the initial Standard Liability Limits.
Table 1 below outlines the rate per additional $100 of coverage and the
minimum that applies for Excess Liability coverage applicable for
shipments within MEXICO.
Excess Liability is not available for Released Value goods that have a
liability ceiling. EXAMPLE - Cellular Phones (NMFC 62820) can move at a
maximum released value of $10.00 per pound (the ceiling), Excess Liability
coverage is not available.
NON APPLICATION - Cargo protection excludes shipments of fresh fruits,
plants, flowers, explosives and corrosive chemicals.
The charge for cargo protection shall be billed to the party responsible
for paying transportation charges on the Mexico portion of the shipment.
The following applies in the event of loss, damage or delay that occurs to
any shipment in Mexico, or at the U.S. / Mexican border when either the
origin or destination is outside of Mexico.
Carrier's liability for Used Commodities (as described in Tariff 100, Item
110) is limited to the lesser of the actual value or, the released value
shown in NMFC 100 series or, the lesser of the following applicable
liability limits.
1. Released to a value of $0.10 per pound per package will be rated at
100% of applicable Class or Commodity Rates and/or 100% of the
Minimum Charge.
The lowest released value shown within this item will apply if the
consignor fails to declare a value at time of shipment.
Used Commodities are not eligible for Excess Liability. In no event shall
the Carrier's maximum liability exceed $0.05 per pound per package for
Used Commodities.
Defective / Obsolete / Waste - The following applies in the event of loss,
damage or delay that occurs with an origin and destination of Mexico, not
including the gateways of Juarez, CH' or Nuevo Laredo, TM. Shipments of
any Defective, Outdated, Obsolete, Unsellable, Waste articles shipped for
purposes of Reclamation or Scrap articles of any kind will be accepted
only when released at a value not exceeding $0.02 per pound per package.
Defective, Outdated, Obsolete, Unsellable, Waste articles shipped for
purposes of Reclamation or Scrap articles of any kind are not eligible for
Excess Liability. In no event shall the Carrier's maximum liability
exceed $0.02 per pound per package.
VI. Ocean Liability
Except as provided herein, YRC Freight shall not be liable for any loss or
damage to, or in connection with, the ocean transportation of goods in an
amount exceeding $500 per package, or in case of goods not shipped in
packages, per customary freight unit.
VII. Cargo Claims Liability and Indemnity FOR AIR SHIPMENTS
YRC Freight is a licensed indirect air carrier pursuant to the FAA laws
and regulations.
In the event that YRC Freight, in its sole discretion, decides to use
another indirect air carrier or a direct air carrier (hereinafter "air
carrier") as substituted service, Shipper hereby agrees to be bound by
such individual air carrier's bill of lading (whether issued or not) and
such air carrier's applicable tariff(s), including, but not limited to,
all limitations of liability and defenses therein.
YRC Freight's air bill of lading and air tariff(s) will take precedence in
the event a conflict should arise between any air carrier's bill of lading
and tariffs and YRC Freight's air bill of lading and air tariff(s).
Furthermore, all YRC air limitations of liability, as stated or
incorporated herein, will be applicable if YRC decides to transport the
shipment via some other mode.
YRC Freight's limits of liability for cargo, loss and/or damage are stated
below. YRC Freight retains a lien on the shipment for all applicable
transportation charges.
Shipper and YRC Freight hereby expressly waive any and all rights and
remediesthat they may have against each other pursuant to the Interstate
Commerce Commission Termination Act of 1995, as codified at 49 USC
Subtitle IV, Part B, chapters 131-149. All claims must be in writing.
All claims for loss, damage and/or delay (except concealed damage claims)
must be filed in writing with YRC within ninety (90) days of the date of
pick-up.
All claims for concealed damage must be filed in writing with YRC Freight
within seven (7) days of the date of pick-up.
All lawsuits for cargo claims must be filed in a court of competent
jurisdiction within one (1) year of the date of pick-up.
Shipper will comply with all federal laws and regulations regarding air
cargo transportation. Shipper will not tender any shipments that are
prohibited for air transportation. Hazardous materials/dangerous goods
(as defined, and/or controlled, by the rules and regulations of IATA, ICAO
or the US DOT) are strictly prohibited.
LIABILITY LIMITS - Unless the tariff has a lower liability limit
specified, in the event of loss, damage or delay to any shipment, the
carrier's liability will not exceed $0.50 per pound, per package or
carton, subject to a maximum liability of $100,000 per shipment or actual
value, whichever is less, unless the shipper requests and pays for "Excess
Liability Coverage".
Used Commodities are not eligible for Excess Liability. In no event shall
the Carrier's maximum liability exceed $0.10 per pound per package for
Used Commodities.
EXCESS LIABILITY - To request excess liability coverage the shipper must
indicate in writing on the bill of lading at the time of shipment the
total dollar amount of excess coverage requested (see examples below).
The maximum liability will not exceed $2,000,000.00 when added to the
initial maximum coverage. In no case will the carrier's liability exceed
the actual value of the property.
VIII. MAXIMUM LIABILITY - SPOT VOLUME
1. This section applies when a shipper chooses to transport a shipment
under Tariff RDWY 299 on behalf of itself, the consignee, or anyone
claiming a beneficial interest in the shipment. Maximum liability for
shipments moving under rates in RDWY 299 Section 2 will be according
to the following schedule:
USA and Canada
a. MAXIMUM LIABILITY IS $1.00 PER LB., not to exceed $100,000.00 per
shipment (whichever is less). All shipments except as provided in 1b.
Not applicable to shipments from, to or moving within Mexico.
MAXIMUM LIABILITY OF $2.50 PER LB., $5.00 per lb., or $10.00 per lb.,
not to exceed $100,000.00 per shipment (whichever is less) may apply
but only when stated in the Quote Letter.
b. Shipments to or from Mexico will be subject to the following cargo
protection provisions. Maximum liability will be limited to $0.50 per
pound up to a maximum of $5,000.00 per shipment whichever is less, for
shipments with an origin or destination outside Mexico. For shipments
with an origin and destination of Mexico, not including the Gateways
of Juarez, CH; Nogales, SO or Nuevo Laredo, TM; the maximum liability
will be limited to $0.10 per pound up to a maximum of $200.00 per
shipment, whichever is less.
If the shipper desires to tender a shipment requiring excess carrier
liability the shipper must indicate in writing on the bill of lading
at the time of shipment the total dollar amount of excess coverage
requested. The maximum excess liability is $45,000 or $49,800 per
shipment for a total of $50,000 when added to the initial maximum
coverage. In addition to all other charges, the charges in Table #1
apply when excess liability is requested.
2. In consideration for the rate and charges offered by YRC Freight. YRC
Freight's maximum liability for any claim for loss, damage or delay to
the property transported, or for any other damages claimed whatsoever,
will be determined according to paragraphs 1A and 1B multiplied times
the weight of each package lost, damaged or delayed or the actual
damages sustained to the property, whichever is lower (See YRC
Freight's rules tariff for the definition of package).
3. If the shipper chooses to transport a shipment under this tariff but
fails to designate a value, the maximum liability will be $1.00 per
pound and despite any claimed notice to or agreement with any YRC
employee, in no event will YRC Freight's liability extend to special,
consequential, punitive damages other than those indicated in this
item. Shipments of used household goods and personal effects are
subject to a maximum value of 10 cents per pound.
4. The shipper designating this service on the Bill of Lading warrants
and agrees to indemnify YRC Freight that it has authority to choose to
use tariff RDWY 299 on behalf of any parties who claim an interest in
this shipment. Having made such a designation on the Bill of Lading
and accepted the choices in this tariff, the failure of the shipper or
its representative to sign the Bill of Lading shall not affect the
validity of this agreement.
5. The shipper may choose to ship their goods under other YRC tariffs
which have different rates and liability choices.
TABLE 1
BETWEEN ALL POINTS AND ALL POINTS.
Q U A N T I T I E S
TYPE TYPE UNIT OF ACTUAL/
SHIPMENT CHARGE RATE PER MIN MAX MEASURE BILLED NOTES
ALL MIN 88.00 $ SHPT - NOTE 1
ALL 4.00 $ CDOL - NOTE 1
ISSUED BY
Vice President, Finance
10990 Roe Avenue, Overland Park, KS 66211
