ITEM 108 Carrier Liability For Cargo Loss and Damage Claims and Limitations of Liability

  1. CARGO LOSS AND DAMAGE CLAIM FILING


  2. Saia will assume liability for cargo loss and damage claims under the federal laws applicable to common carriage in effect on the date of the shipment and the terms and conditions of the Uniform Straight Bill of Lading, except as shown herein, or to the extent otherwise specifically outlined in participating tariffs or contracts. Saia's liability for cargo loss and damage begins upon signing the receipt or bill of lading for property it receives for transportation. Saia will investigate and dispose of cargo loss and damage claims under common carrier provisions as set forth in 49 C.F.R. Part 370, and STB NMF 100 Series, Items 300100 through 300155.

    1. All claims for loss, damage or delay must be filed in writing or online by visiting www.saia.com within nine months after the delivery or reasonable time for delivery has elapsed for non-delivery. When claims are not filed within the prescribed times such claims shall be barred and not paid.


    2. Any lawsuits for cargo claims shall be instituted against Saia no later than two years and one day from the day when written notice is given by Saia to the claimant that it has disallowed the claim or any part or parts of the claim specified in such notice. Where claims are not filed or lawsuits instituted thereon in accordance with the foregoing provisions, Saia shall not be liable and such cargo claims will not be paid.


    3. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of Carrier from the charges owed to Carrier unless authorized in writing by carrier.


  3. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES


  4. Saia shall not be liable for any loss or damage to a shipment or for any delay caused by an act of God, the public enemy, the authority of law, the inherent vice of the goods or the act or default of the shipper. The burden to prove freedom from negligence is on the Carrier or the party in possession.

    In no case shall Saia be liable, and hereby disclaims responsibility for any indirect, incidental, consequential, special punitive, or multiplied damages or other indirect costs, lost profits, fees, or charges of any kind arising from any freight claims filed hereunder or any other acts, including delays or omissions of Saia, whether foreseeable, disclosed or not.

    Subject to reasonable requests, Saia agrees to accept, transport, and deliver with reasonable dispatch such merchandise as Customer may tender to Carrier for transportation. However, Saia shall not be responsible for any damages, direct, indirect or consequential, which are the result of delays in delivery.

    Customer shall, at its cost and expense, comply with all applicable federal, state, local and International laws, rules and regulations pertaining to its shipments and shall be responsible for all costs, liabilities, delays, fines and expenses caused by, resulting from or otherwise associated with any noncompliance by Customer or Customer's shipments with any such laws, rules, or regulations. Customer shall also be responsible for Carrier's charges pertaining to any services by Carrier at Customer's request for compliance with any such laws, rule or regulations.

  5. GENERAL LIMITATIONS ON LIABILITY AND NOTES


  6. This rule explains the liability limits and conditions established by Carrier for all shipments handled. All items in item 108 herein are subject to Notes 1 through 5 below.

    Note 1 - Whether applicable to new, used, or reconditioned articles, and regardless of NMFC released, declared or actual value provisions, Carriers liability for any shipment loss, damage or destruction shall not exceed the least of the following:

    1. The actual cost of the goods supported by a certified copy of the original invoice;
    2. The cost of replacement or repair of the lost or damaged cargo;
    3. The lowest limited liability amount specified in the Bill of Lading, the NMFC, any applicable contract governing the shipment, any applicable tariff governing the shipment, or Saias Rules Tariff Series-170- D herein;
    4. $100,000 per shipment.


    Note 2- In all cases released values will be based on a per-item or article basis; liability will not be determined on the weight of the packaging of the entire shipment nor the entire weight of the commodity in question. Furthermore, the weight of the packaging and/or shipping container, pallets, skids and the like shall not be included when determining excess liability limitations or maximum liability.

    Note 3- Items described in NMFC and shipped under RELEASED VALUE provisions will be subject to the maximum released value depending on the class listed at time of the shipment.When the NMFC offers the Consignor or Consignee the option to declare an actual, declared, or released value on the Bill of Lading and such valuation is NOT declared by the Consignor or Consignee and the shipment is inadvertently accepted by the carrier, charges will be assessed based on the lowest available released value.

    Note 4- Failure to describe articles as USED on the original Bill of Lading will not affect the application of this item 108 Section 9 herein.

    Note 5- EXCESS LIABILITY LIMITATIONS ARE NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO. ANY EFFORT TO REQUEST EXCESS LIAIBLITY LIMITATIONS OR DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THIS TARIFF IS NULL AND VOID, AND THE ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A REQUEST FOR EXCESS LIABILITY LIMITATIONS OR A DECLARED VALUE IN EXCESS OF THE MAXIMUMS ALLOWED DOES NOT CONSTITUE A WAIVER OF ANY PROVISIONS OF THIS TARIFF AS TO SUCH SHIPMENT. SHIPMENTS THAT ARE INADVERTENTLY ACCEPTED THAT EXCEED THESE LIMITATIONS WILL BE CAPPED AT $50.00 PER POUND FOR NEW GOODS AND .50 CENTS PER POUND FOR USED GOODS AND CHARGES ASSESSED ACCORDINLY.

  7. SHRINK WRAPPED PALLETS


  8. Shipments tendered to Saia, Inc. on a plastic shrink wrapped skid, shall be signed for as ___________ shrink wrapped skid(s), ________Shrink wrapped pallet(s), ________SWP, or ________SWS. When a plastic shrink wrapped skid is delivered intact, the plastic shrink wrap unbroken, Saia, Inc. shall assume no liability for loss or damage discovered therein, either at delivery or after delivery has been performed.

    Except as otherwise specifically stated, rates, and charges dependent on price per pallet or skid named in tariffs, in contracts and all other supporting correspondence or documentation shall be limited to pallets or skids not exceeding 40"X48"X84". The driver will sign only for the number of pallets, not the number of pieces.

    Pallets that exceed the maximum weight stated in item or contract will be rated as additional pallet. The total weight of the shipment will be divided by the highest maximum weight to determine number of pallets.

    Unless otherwise specified within the items or contract, Saia calculates pallet weight as 50 pounds per pallet.

  9. UNDELIVERED FREIGHT


  10. Undelivered shipments will be subject to applicable storage or detention storages if no reply is received from attempts of notification. See Saia tariff item 910 for explanation of applicable storage charges.


  11. SHIPPER LOAD OR CONSIGNEE UNLOAD


  12. In lieu of pickup or delivery service and when convenient for Customer and Carrier, Customer may load/unload Carrier's trailers or vehicles. See Saia Tariff Item 1039 for conditions unless a separate agreement is already established and signed in place.

  13. GENERAL LIMITATIONS OF LIABILITY FOR NEW ITEMS (Subject to Section 3 Notes)


  14. Cargo is considered NEW if it has come from the manufacturing or growing facility, and it remains it its original box, carton, or shipping container, and has never been removed from the manufacturer's original packaging. Except as provided in Section 8 herein (EXCESS LIABLITY LIMITATIONS) or as otherwise provided herein, Saia's liability for loss, damage, or destruction to all or any part of a shipment of NEW articles while in the Carrier's possession within the points in the U.S. shall be limited to $25.00 per pound per package or $100,000.00 per shipment, whichever is lower.

  15. EXCESS LIABILITY LIMITATIONS (Subject to Section 3 Notes)


    1. NEW ARTICLES


    2. When the Consignor or Consignee requests EXCESS LIABILITY LIMITATIONS for NEW articles exceeding the maximum liability per NMFC, contract, or Saia's Tariff 170-D herein, the following rules and charges will apply:

      1. Consignor or Consignee will indicate on the original Bill of lading in the description of articles section the amount of the excess liability limitations requested for the NEW articles, not to exceed $50.00 per pound per package or $100,000 per shipment. The notation of EXCESS LIABILITY LIMITATION and the AMOUNT of the excess liability must be placed with the description in lettering at least one inch in height on the Bill of Lading.


      2. Charges for excess liability limitations on NEW articles will be assessed based on .75% of the requested excess limitation, subject to a minimum charge of $55.00.


      3. In no event shall the Carrier's maximum liability for NEW articles exceed the actual value of the articles or $50.00 per pound per package, whichever, is less, with a maximum of $100,000 per shipment.


      4. Example 1: Weight of the NEW commodity is 500 lbs and valued at $10,500.00 ($50 x 500= $25,000.00 thus $10,500.00 allowed):
        Excess Limitation amount $10,500.00 x .75%=$78.75 in addition to freight charges.

        Example 2: Weight of the NEW commodity is 75 lbs and valued at $10,500.00 ($50 x 75= $3,750.00 thus $10,500.00 not allowed):
        Excess Limitation amount $3750.00 x .75%=$28.13 which defaults to minimum $55.00 charge in addition to freight charges.

      5. Excess liability coverage in section A above, is NOT available for the following:


        1. Volume/Spot quote shipments. See 108 Section 13 herein for procedures for requesting excess liability limitations for Volume/Spot quote shipments.


        2. USED ARTICLES other than new. See 108 Section 9 herein for definition of used and B below for excess liability limitations on used..


        3. For points outside the U.S. see 108 Section 12 herein for details and C below for excess liability limitations on points outside the U.S.


    3. USED ARTICLES - OTHER THAN NEW


    4. See Section 9 for definition of USED- OTHER THAN NEW. When the consignor or Consignee requests EXCESS LIABILITY LIMITATIONS for USED articles exceeding the maximum liability per NMFC, contract, or Saia's Tariff 170-D herein, the following rules and charges will apply:

      1. Consignor or Consignee will indicate on the original Bill of lading in the description of articles section the amount of the excess liability limitation requested for the USED articles, not to exceed .50 cents per pound per package or $5,000.00 per shipment. The notation of EXCESS LIABILITY LIMITATION and the AMOUNT of the excess liability must be placed with the description in lettering at least one inch in height on the Bill of Lading.
      2. Charges for excess liability limitations on USED articles will be assessed based on .75% of the requested excess limitation, subject to a minimum charge of $55.00.
      3. In no event shall the Carrier's maximum liability for USED articles exceed .50 cents per pound per package, the actual value of the goods, or $5,000 per shipment.

      4. Example 1: Weight of the USED commodity is 4500 lbs and valued at $2,000.00 (.50 x 4500= $2,250.00 thus $2,000.00 allowed):
        Excess Limitation amount $2,000.00 x .75%=$15.00 which defaults to minimum $55 in addition to freight charges.

        Example 2: Weight of the USED commodity is 2000 lbs and valued at $6,500.00 (.50 x 2000= $1,000.00 thus $6,500.00 not allowed):
        Excess Limitation amount $1,000.00 x .75%=$7.50 which defaults to minimum $55.00 charge in addition to freight charges.

    5. OUTSIDE THE US-MEXICO


    6. See Section 12 for all details regarding liability for Mexico. When the consignor or Consignee requests EXCESS LIABILITY LIMITATION for articles SHIPPED TO/FROM MEXICO exceeding the maximum liability per NMFC, contract, or Saias Tariff 170-D herein, the following rules and charges will apply:
      1. Consignor or Consignee will indicate on the original Bill of lading in the description of articles section the amount of the excess liability limitation requested for the articles SHIPPED TO/FROM MEXICO, not to exceed .50 cents per pound per package or $5,000.00 per shipment. The notation of EXCESS LIABILITY LIMITATION and the AMOUNT of the excess liability must be placed with the description in lettering at least one inch in height on the Bill of Lading.
      2. Charges for excess liability limitation on articles SHIPPED TO/FROM MEXICO will be assessed based on .75% of the requested excess limitation, subject to a minimum charge of $55.00.
      3. In no event no event shall the Carriers maximum liability for articles SHIPPED TO/FROM MEXICO, exceed .50 cents per pound per package, the actual value of the goods, or $5,000 per shipment.


      4. Example 1: Weight of the commodity is 4500 lbs and valued at $2,000.00 (.50 x 4500= $2,250.00 thus $2,000.00 allowed):

        Excess Limitation amount $2,000.00 x .75%=$15.00 which defaults to minimum $55 in addition to freight charges.

        Example 2:Weight of the commodity is 2000 lbs and valued at $6,500.00 (.50 x 2000= $1,000.00 thus $6,500.00 not allowed):

        Excess Limitation amount $1,000.00 x .75%=$7.50 which defaults to minimum $55.00 charge in addition to freight charges.



  16. GENERAL LIMITATIONS OF LIABILITY USED - OTHER THAN NEW(Subject to Section 3 Notes)
  17. For the purposes of limitations of liability, applying to USED cargo, the following is a definition that is intended to distinguish between new and used items. Cargo is considered NEW if it has come from the manufacturing or growing facility, and it remains in its original box, carton, or shipping container, and has never been removed from the manufacturer's original packaging. All cargo, even if it has not actually been used for the intended purposes, is to be considered USED if it is being transported from its manufacturing facility and it is not in its original packaging.

    If cargo has been reconditioned, refurbished, rebuilt, remanufactured, and even if it is being shipped in its original packaging, or packaging similar to its original packaging, it is to be deemed USED for the purpose of the applicable rates and liability limits.

    USED includes all commodities other than new, but not limited to internet auctions, interplant moves, articles of household goods, personal effects, or antiques whether listed as such on the Bill of Lading or not. These articles will only be accepted for transportation as USED cargo.

    Except as provided in Section 8 herein (EXCESS LIABILITY LIMITATIONS) or as otherwise provided herein, Saia's liability for loss, damage, or destruction to all or any part of a shipment of USED articles while in the Carriers possession within points in the U.S. shall be limited to .10 cents per pound per package or $2,500.00 per shipment, whichever is lower.

  18. LIMITATIONS OF LIABILITY FOR FAK (FREIGHT OF ALL KINDS) RATES (Subject to Section 3 Notes)


  19. Except as provided in Section 8 herein (EXCESS LIABILITY LIMITATIONS), Saia's liability for loss, damage, or destruction to all or any part of a shipment for which the charges are determined by FAK class or Exception class (example, an actual class 125 reduced to an FAK or Exception class 70 will be subject to the Maximum Value per pound per package for class 70) shall be the Lowest Released Value shown in the chart shown below subject to a max of $100,000.00 per shipment: <
    CLASS MAXIMUM LIABILITY
    PER POUNDPER PACKAGE
    CLASS MAXIMUM LIABILITY
    PER POUND PER PACKAGE
    50
    $1.00
    110
    $25.00
    55
    2.00
    125
    25.00
    60
    3.00
    150
    25.00
    65
    5.00
    175
    25.00
    70
    7.50
    200
    25.00
    77.5
    10.00
    250
    25.00
    85
    15.00
    300
    25.00
    92.5
    17.50
    400
    25.00
    100
    25.00
    500
    25.00


  20. LIABILITY FOR SHIPMENT PRICED BY HANDLING UNIT (PALLET RATES) (Subject to Section 3 Notes)


  21. Except as provided in Section 8 herein (EXCESS LIABILITY LIMITATIONS), Saias liability for loss, damage, or destruction to all or any part of a shipment that has been priced per handling units as per Tariff item 161 (per piece, per pallet, per drum, etc.) shall be limited to $1.00 per pound per package or $10,000.00 per shipment, whichever is less.
  22. LIABILITY FOR SHIPMENTS OUTSIDE THE U.S.(Subject to Section 3 Notes)


  23. For shipments requiring Customs clearance, the Shipper, Consignee, Third Party, Broker and/or Agent is responsible for complying with all applicable domestic and international treaties, laws, government regulations, orders or requirements including but not limited to customs and import laws and regulations of any country to, from, through or over which the shipment may be carried and agrees to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. Under no circumstances will the Carrier be liable for failure to comply with such provisions.

    LIABILITY - MEXICO

    For shipments moving from or to points in Mexico, Saia advises its customer that it will only transport shipments destined to Mexico to the border most convenient to Saia, or closest border place to destination, and will interchange the shipment to a Mexican carrier for delivery in Mexico. Saia shall accept bills of lading showing a destination in Mexico as being amended to show destination of the Mexican border interchange point. Saia, as a motor carrier, provides no actual service in Mexico. Therefore, should the shipper tender a shipment on a bill of lading with a Mexican destination, Saia will act solely as a shippers agent in arranging interchange with a Mexican carrier at the border to deliver the shipment under the Mexican carrier's bill of lading to its ultimate destination. The shipper MUST look solely to the Mexican carrier should loss, damage, or delay occur in Mexico or in possession of the designated Brokers, Freight Forwarders, or Mexican carrier. Except as provided in Section 8 herein (EXCESS LIABLITY LIMITATIONS), Saias liability for loss, damage, or destruction to all or any part of a shipment that has been SHIPPED TO/FROM MEXICO shall be the lesser of the following:

    1. If loss or damage occurs to a shipment while within the Border of Mexico, or at Border Gateway of Mexico, liability shall be limited to .10 cents per pound per package, the applicable limitation of liability provided by Mexican law, or $1,000.00 per shipment; whichever is lowest.

    2. If loss or damage occurs to a shipment within the Border of the U.S. and not a Border Gateway of Mexico, the Carriers U.S. domestic liability limitations will apply. Carriers maximum liability will not exceed the lesser of the actual value supported by a certified copy of the original invoice, not to exceed the limitations and exclusions as detailed in Item 108 herein.

    3. In the even the point of loss or damage cannot be determined, the liability shall be limited to .10 cents per pound per package or $1,000.00 per shipment, whichever is lower.

    4. The parties agree that Saia will be exempt from any obligation or liability arising from:

      1. Accidents or Acts of God, or from any other reasonable cause that is beyond Saia's control;.

      2. Governmental actions;

      3. Erasures or scratches caused by electric or magnetic damage or from any other damage to electronic, photographic or any other kind of images;

      4. Incomplete or inaccurate information stated in the Service order

      5. Any of the following: theft, with or without violence, assault, attacks, disruption of public peace, kidnapping, fire, earthquake, revision of the merchandise at fiscal inspection stations or customs offices run by different administrative authorities and in general disaster or action, with or without violence which may happen to Saia and the Carrier and by which the conservation, keeping and/or delivery of the merchandise, the total or partial, is prevented, in conditions different to the conditions when it was received.


  24. LIABILITY ON VOLUME AND/OR SPOT PRICE QUOTES (Subject to Section 3 Notes)


  25. Volume/Spot quotes (See Tariff Item 495 Section 1) quoted from the Saia Truckload department with a prefix of E or T followed by seven numbers and/or items subsequently published, but originated from the Saia Truckload department (which includes, but are not limited to vans, truckload, pups, head loads, or flat quotes) are not subject to Section 8 herein (EXCESS LIABILITY LIMITATIONS) and will be governed by the terms of the volume and/or spot price quote. Saias liability for loss, damage, or destruction to all or any part of a shipment that has been priced per VOLUME/SPOT price quote shall be limited to $1.00 per pound per package or $10,000.00 per shipment, whichever is less. In the event that liability limitations greater than the lesser of $1.00 per pound per package or $10,000.00 per shipment are requested for a shipment priced per VOLUME/SPOT quote, the terms of the VOLUME/SPOT quote shall not apply, and the shipment will be rerated and priced at standard contract rates, class rates, or published pricing. In such event, the applicable terms of this Item 108, including all applicable limitations of liability and procedures for requesting EXCESS LIABLITY LIMITATIONS, shall apply. Any such request shall be made at the time the VOLUME /SPOT quote is given.

  26. LIABILITY FOR LOSS OR DAMAGE OF THE FOLLOWING COMMODITIES (Subject to Section 3 Notes)


  27. Except as provided in Section 8 herein (EXCESS LIABILITY LIMITATIONS), Saia's liability for loss, damage, or destruction to all or any part of a shipment that has the following list of commodities shall be the least of the following released rates per the following chart:

    COMMODITIES OR ARTICLES RX RX WITH EXCESS
    Furnaces, house heating, hot air$5.00$50.00
    Heaters, water, NOI$5.00$50.00
    Bus Bar System, NOI$5.00$50.00
    Controllers or Controller Parts, NOI$5.00$50.00
    Furniture, fiberboard, particleboard, unassembled$5.00$50.00
    Furniture, metallic or wooden, NOI$5.00$50.00
    Air Coolers, Air Conditioners, or Heat Pumps$5.00$50.00
    Air Handlers, Refrigeration Evaporators$5.00$50.00
    Compressors, air: or Air Ends, NOI$5.00$50.00
    Cigarettes, Cigars and smokeless tobacco$5.00$50.00
    Plasma, Projections, LCD and any other Television product NOI$5.00$50.00
    Incandescent, fluorescent or other type of lighting bulb or tube$.10$50.00


  28. PROHIBITED OR RESTRICTED ARTICLES(Subject to Section 3 Notes)


  29. For property of extraordinary value, except for antique furniture described in NMFC items 100240 or 100260, or pictures or paintings described in items 100240,100260, or 149420, the following property will not be accepted for shipment nor as premiums accompanying other articles:

    Aircraft disk brakes - carbon
    Antique Furniture -See section 9
    Articles of extraordinary value
    Bank Bills
    Biological products
    Carbon Black
    Coins
    Consignor/Consignee is U.S.P.S.
    Corpses
    Cream, fresh
    Cultures of Etiologic agents
    Currency
    Deeds
    Diagnostic specimen.
    Distilled spirits, wine and beer.
    Drafts.
    Envelopes or wrappers, government.
    Etiologic agents.
    Explosives, Domestic - (Class 1.1, 1.2, 1.3, 1.5).
    Explosives, Mexico - (All Classes & divisions).
    Flammable Solids (Mexico only) - Div 4.2 - Spontaneously Combustible, Div 4.3 - Dangerous when wet.
    Fruits, fresh.
    Garbage.
    Hazardous Waste.
    Jewelry, other than costume or novelty.
    Letter, with or without stamps, unless.
    Liquids, in bulk, requiring special tank.
    Live animals.
    Meat, fresh.
    Medical Waste.
    Milk, fresh.
    Moving picture films or other films.
    Museum exhibits or articles of antiquity.
    Nitrocellulose (Except UN3270).
    Notes.
    Original works of art.
    Poison Gas Div 2.3.
    Poisonous / Infectious Substances:
    • Infectious substances div 6.2
    • Poison materials (with inhalation toxicity) Div 6.1 (Mexico only)
    • Poison materials (with inhalation toxicity) Zone A
    • Poison materials (with inhalation toxicity) Zone B bulk (over 119 gallons).
    Postage stamps.
    Poultry, live.
    Precious and semi-precious stones.
    Precious metals, including but not limited to gold, silver, platinum, palladium, etc..
    Radioactive substances regulated by the D.O.T..
    Stamped, in shipments weighing 30,000 pounds or more.
    Tires that can be defined as used, defective, scrap, salvage, waste, or otherwise other than new - See section 9.
    Truck equipment.
    Valuable Papers of any kind.
    Vegetable, fresh.
    1. If properly described:


    2. Except for shipments moving to or from Mexico, and if properly described on the Bill of Lading, Carrier's liability for shipments containing PROHIBITED OR RESTRICTED ARTICLES inadvertently accepted by Carrier shall be limited to the lesser of the actual value supported by a certified copy of the original invoice or any released value applicable by the NMF 100 series or Saia Tariff 170-D herein.

    3. If NOT properly described:


    4. Except for shipments moving to or from Mexico, and if NOT properly described on the Bill of Lading, Carrier's liability for shipments containing PROHIBITED OR RESTRICTED ARTICLES inadvertently accepted by Carrier shall be limited to the lesser of the actual value supported by a certified copy of the original invoice, .10 cents per pound per package, $5,000.00 per shipment, or any released value applicable by the NMF 100 series or Saia Tariff 170-D herein.

    NOTE 1 - Monetary coins will not be accepted as premiums with other articles except as authorized in NMF 100, Item 310.

    NOTE 2 - United States Mail will be accepted only when the consignee is a United States government or foreign government Postal Facility.

    NOTE 3 - Except U.S. Internal Revenue Distilled Spirit Stamps, which will be Accepted in truckload or volume shipments only.

    NOTE 4 - Except for numismatic exhibits subject to NMF 100, Item 63830.

  30. FREIGHT LIABLE TO DAMAGE OTHER FREIGHT OR EQUIPMENT:


  31. Carriers are not obligated to receive freight liable to impregnate or otherwise damage other freight or carrier's equipment. Such freight may be accepted and signed for "subject to delay for suitable equipment" or may, for lack of suitable equipment, be refused.

    Any commodity, not limited to hazardous, not properly described as being harmful to other products, not limited to food products, liability of the effected products will be with the shipper and not with the carrier.

  32. TERMS CHANGE AFTER OS&D DELIVERY:


  33. Saia reserves the right to deny a change of terms to a freight bill after an OS&D delivery exception has occurred. If the request is inadvertently accepted after the declination, Saia reserves the right to change to the original terms of the shipment.