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 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.


  2. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES


    3. 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.

  3. RETURNS


    4. Liability for loss, damage or destruction of property being returned to the original shipper, which was not initially transported by Saia, from the original shipper, will be limited to lost freight only and Saia will not be responsible for damages.

    Liability for loss, damage or destruction of property being returned to the original shipper, which was initially transported by Saia, from the original shipper and delivered without exception, when Saia is not given the opportunity to inspect prior to return, will be limited to lost freight only and Saia will not be responsible for damages.

  4. SHRINK WRAPPED PALLETS


    5. 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.

  5. UNDELIVERED FREIGHT


    6. If freight cannot be delivered because of the consignee's refusal or inability to accept it, or because Carrier cannot locate the consignee, or if freight cannot be transported because of an error or omission on the part of the shipper, Carrier will make diligent effort to notify the shipper promptly that the freight is in storage and the reason thereof.

    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.

    On undelivered shipments, disposition instructions printed on the Bill of Lading, shipping order, shipping label, or container having disposition instructions issued prior to tender of delivery, will not be accepted as an authority to reship, return, or reconsign the shipment, or to limit storage liability.

    Carrier will follow the Uniform Bill of Lading terms and conditions for disposition of undelivered freight.

    Upon request of the Shipper, undelivered shipments to be returned will be subject to the rates and charges applicable from the new origin but not less than the charges on the original movement.

    Shipments moving under the provisions of this item will be subject to all other provisions of the Rules Tariff.

  6. SHIPPER LOAD OR CONSIGNEE UNLOAD


    7. In lieu of pickup or delivery service and when convenient for Customer and Carrier, Customer may load/unload Carrier's trailers or vehicles, under the following conditions unless a separate agreement is already established and signed in place:

    1. SHIPPER LOAD - when prearranged with Carrier's local operations, Carrier will spot or drop trailer at that Shipper's loading facility so the Shipper may load the trailers or vehicles at its convenience. Any discrepancy on those shipments tendered under the Shipper Load and Count arrangement will be handled in the following manner unless a separate agreement is already established and signed in place:


      1. At pick-up, Carrier will include "SL&C" on the bill of lading, indicating the Shipper counted and loaded the shipment without Carrier's driver present. The shipper will properly block and brace the freight. Carrier's failure to note "SL&C" on the bill of lading will not affect the liabilities of the parties, if the Shipper has in fact performed the counting and loading without a representative from Carrier present.


      2. Carrier will provide seals for security purposes to the Shipper when requested. Failure to seal a load will not affect the terms and conditions outlined.


      3. Carrier will notify the Shipper's representative by fax or e-mail of any exceptions within 24 hours of first unloading of the pick up unit. This will not include weekends or holidays. Carrier cannot be liable for uncountable palletized orders, picked up and delivered with wrap intact.


      4. Shortages will be reported as above. The Shipper will advise Carrier disposition of any merchandise that could or should be applied to a valid shortage. In the event of a Shipper caused shortage, the Shipper will allow Carrier to adjust the Bill of Lading accordingly to reflect actual piece count and weight.


      5. Carrier will accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is one of a concealed nature. In this respect any claim following will be settled based on the findings of the investigation.


      6. Carrier can be responsible for handling units only as applicable and to the extent that a piece count cannot be verified. Individual item numbers, carton numbers, and purchase order number shortages at delivery shall not be deemed as shortages against Carrier when the handling unit count matches the amount properly reported as received on the SL&C trailer.


      7. Carrier will not decline liability of claims just because the bill of lading is noted "SL&C". The burden is Carrier's to either provide a clear proof of delivery, a properly reported exception or payment of the claim. The Shipper agrees not to file claims when discrepancies have been properly reported.


      8. Other than normal wear and tear or an Act of God, while in the shipper's physical possession will be the liability of Shipper for any and all damages or loss occurring to the carrier's equipment. The shipper will promptly reimburse Carrier for the cost of repairing or replacing such equipment.


    2. CONSIGNEE UNLOAD - Carrier will drop or spot trailers or vehicles at the Consignee's facility so the receiver may unload the trailers or vehicles. Any discrepancy on those shipments tendered, as CONSIGNEE UNLOAD will be handled in the following manner unless a separate agreement is already established and signed in place:


      1. Carrier agrees to spot or drop trailers or vehicles at Consignee's place of business for the purpose of Consignee to complete the unloading process within normal free time or otherwise agreed to in writing. See item 500 and 501 for details on normal free time.


      2. Consignee will not utilize Carrier's equipment for any use other than the express purpose of unloading.


      3. When the Consignee fails to report to Carrier's local service center that equipment is empty and available to Carrier for removal, it will be subject to detention rules and charges. See item 500 and 501 for details on detention rules and charges page).


      4. Other than normal wear and tear or an Act of God, while in the consignee's physical possession will be the liability of the consignee for any and all damages or loss occurring to the carrier's equipment. The consignee will promptly reimburse Carrier for the cost of repairing or replacing such equipment.


      5. Carrier will note CONSIGNEE UNLOAD on the delivery receipt, indicating that the Consignee unloaded and counted the shipments without Carrier's driver present. Carrier's failure to note CONSIGNEE UNLOAD on the delivery receipts will not affect the liabilities of the parties, if the Consignee has in fact performed the counting and unloading without a representative from Carrier present.


      6. Carrier will provide sealed trailers with the Carrier's seal number documented for security purposes. Failure to seal a load will not affect the terms and conditions outlined in this item.


      7. Delivery receipts will be signed by the Consignee at time the trailer is dropped for unloading, or if not operationally feasible, will be available to Carrier no more than 24 hours after delivery.


        1. The Consignee agrees to notify Carrier by fax on a mutually approved form of any exceptions within 24 hours of the trailer being dropped. This will not include weekends or holidays. Carrier shall not be liable for exceptions reported after 24 hours of trailer being dropped.


        2. Notice of any exception is to be faxed on the mutually approved form to the attention of the local terminal's OS&D associate.


      8. Carrier shall not be liable for uncountable palletized orders, picked up and delivered with shrink wrap intact or for Shipper Load and Count orders that have been properly reported to the Shipper at first unloading.


      9. Carrier shall only be responsible for handling units as signed for and tendered by Shipper. Individual item numbers, carton numbers, and purchase order number shortages shall not be deemed shortages against Carrier when the handling unit count matches the amount signed for at time of Pick up, or as applicable, properly reported as received on a Shipper Load and Count trailer.


      10. Shipments tendered to the Consignee to be unloaded at their convenience are to be secured by the Consignee in a manner to prevent theft. Carrier will not be held responsible for stolen product while in the possession of the Consignee.


      11. Carrier agrees not to decline liability of claims just because the delivery receipt is noted CONSIGNEE UNLOAD. The burden is Carrier's to provide a clear proof of delivery when the documents are returned to the Carrier. It is the Consignee's responsibility to provide a properly reported discrepancy with dated fax confirmation for payment of the claim. The Consignee agrees not to file claims when discrepancies have not been properly reported


      12. Carrier will accept liability for any loss or damage to product that has been properly reported unless the loss or damage is one of a concealed nature. In this respect any claim following will be settled based on the findings of the investigation.


  7. GENERAL LIMITATIONS OF LIABILITY


    8. Application of this paragraph only while the shipment is in the Carrier's possession within points in the U.S. unless EXCESS LIABILITY COVERAGE is requested for loss or damage to NEW articles, Carrier's maximum liability shall be:

    1. The actual cost of the goods supported by certified copy of the original invoice, OR


    2. The lowest released value provided in Saia tariff 170-D or 670, or NMF 100 Series, OR


    3. $25.00 per pound per package or $100,000 per shipment, which ever is lower.


    In lieu of maximum liability as indicated above, USED CARGO will be subject to a maximum liability of $0.10 per pound per package or $2,500.00 per shipment, whichever is lower, regardless of the published FAK (Freight of All Kinds) class or Exception class. See Section 9 for details.

    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 shipment.

    1. 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 Carrier, charges will be assessed based on the lowest available released value.

    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 maximum liability. Excess liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.

    Whether new, used, or reconditioned articles and regardless of NMFC released, declared or actual value provisions, Carrier's liability for any shipment loss, damage or delay shall not exceed the lesser of the actual value or the applicable liability limitations referenced in this tariff herein.

  8. EXCESS LIABILITY COVERAGE FOR NEW ARTICLES


    9. When the Consignor or Consignee requests EXCESS LIABILITY COVERAGE for new articles exceeding $25.00 per pound per package, the following 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 coverage requested for the new articles, not to exceed $50.00 per pound per package. The notation of EXCESS LIABILITY COVERAGE and the AMOUNT of the coverage must be placed with the description in lettering at least one inch in height.


    2. Charges for excess liability coverage will be assessed based on 6% of the requested liability 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. Excess liability coverage in section A above, is not available for the following:


      1. Articles with actual, declared or released values as described in the NMFC.


      2. Articles other than new. See Section 9 for excess coverage on used.


      3. For points outside the U.S. see Section 12 for excess coverage on points outside the U.S.


      4. Articles with actual released values as described in Section 14 of this tariff. See section 14 for details.


    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 maximum liability. Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.

    ANY EFFORT TO REQUEST EXCESS LIABILITY COVERAGE 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 COVERAGE OR A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSITTUE A WAIVER OF ANY PROVISIONS OF THIS TARIFF AS TO SUCH SHIPMENT. SHIPMENTS THAT ARE INADVERTANTLY ACCEPTED THAT EXCEED THESE LIMITATION WILL BE CAPPED AT $50.00 PER POUND AND CHARGES ASSESSED ACCORDINGLY.

  9. LIABILITY FOR ITEMS OTHER THAN NEW


    10. 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.

    This is 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, will only be accepted for transportation as USED cargo.

    Saia's liability for loss, damage, or destruction to any shipment or part thereof for USED cargo will be as follows:

    1. When Consignor or Consignee declares no value or declares an actual or released value of .10 cents or less per pound per package or fails to describe articles as used on the original Bill of Lading:


      1. Apply 100 percent of the Customer's otherwise applicable charges as published tariffs subject to this item.


      2. Carrier's maximum liability shall not exceed .10 cents per pound per package or $2,500.00 maximum per shipment.


    2. When Consignor or Consignee requests EXCESS LIABILITY COVERAGE for used or reconditioned articles exceeding .10 cents per pound per package and describes the articles as used on the original Bill of Lading:


      1. Consignor or Consignee will indicate on the original Bill of Lading in the description of articles section the amount of the excess liability coverage requested for the used articles, not to exceed .50 cents per pound per package or $5,000 per shipment. The notation of EXCESS LIABILITY COVERAGE and the AMOUNT of additional coverage must be placed with the description in lettering at least one inch in height.


      2. In no event shall Carrier's maximum liability for used articles exceed the actual value or .50 cents per pound per package, whichever is less, with a maximum of $5,000 per shipment.

    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 maximum liability. Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.

  10. LIMITATIONS OF LIABILITY FOR FAK (FREIGHT OF ALL KINDS) RATES


    1. When reference is made to this item, Carrier's liability will not exceed the maximum liability per pound for classes provided below.


    2. Claims will be based on a per-item or article basis; liability will not be determined on the weight of the entire shipment nor the entire weight of the commodity in question.


    3. Carrier's liability will be the same as that of the FAK class Exception class or class reduction. For 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.


    4. When an FAK (Freight of All Kinds) class or an exception class rating is provided in any tariff governed by the provisions of this tariff for a commodity that has available declared or released value provisions in the NMFC to obtain a lower class, the commodities are released to the lowest declared or released value provided in the NMFC, regardless of the shipment weight.


    5. Carrier's liability for loss or damage to any article(s) or part thereof for which the charges are determined by FAK (Freight of All Kinds) class or Exception class is limited to the:


      1. Actual cost of the goods lost, damaged or destroyed, OR

      2. Exclusions or limited liability provisions of the Bill of lading, OR

      3. Applicable limited liability provisions of the NMFC or section 14 of this tariff, OR

      4. Lowest Released Value shown in the NMFC for the commodity shipped, or $100,000
        per shipments per Shipper, whichever is less, subject to the maximums by FAK and/or
        exception class as shown below
      >>
      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


    6. In lieu of maximum liability as indicated in the above table, USED CARGO items will be subject to a maximum liability of $0.10 per pound per package, regardless of the published FAK (Freight of All Kinds) class or Exception class. See Section 9 for details.


    7. Please see section 12 for shipments outside the U.S.


    8. For EXCESS LIABILITY COVERAGE, FAK rates will not apply and it will be rated at actual class rate with applicable additional liability charges. See section 8 for details on new and section 9 for other than new (used).


    NOTE 1: All liability per pound per package will be subject to a maximum Carrier liability of $100,000 per shipment per Shipper.

  11. LIABILITY FOR SHIPMENT PRICED BY HANDLING UNIT


    12. Saia's liability for loss, damage, or destruction to any shipment, or part thereof, that has been priced per handling unit (per piece, per pallet, per drum, etc.) is limited to:

    1. Actual invoice value of the cargo lost or damaged, OR


    2. Limited liability provisions of the Bill of Lading, NMFC, or Saia Tariff 170-D (See section 14, OR


    3. Applicable limited liability provisions of the NMFC, OR


    4. A maximum of $1.00 per pound, per package, whichever is less, provided such declaration of value appears on the Bill of Lading.


    In lieu of maximum liability as indicated in the above table, USED CARGO items will be subject to a maximum liability of $0.10 per pound per package, regardless of the published FAK (Freight of All Kinds) class or Exception class. See Section 9 for details.

    For EXCESS LIABILITY COVERAGE, Handling unit rates will not apply and it will be rated at actual class rate with applicable additional liability charges. See section 8 for details on new and section 9 for other than new (used).

    Regardless of the packaging, if the rate selected by the shipper is based upon such unit pricing, this Section shall take precedence over the other liability limitations that may apply to such commodities if they were not shipped at a shipping rate priced per handling unit. When handling units are consolidated in larger handling units such as boxes into cartons, or cartons onto pallets, the largest handling units shall govern the liability limitation as the per package limitation.

  12. LIABILITY FOR SHIPMENTS OUTSIDE THE U.S.


    13. 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. Saia agrees to provide complimentary limited liability coverage for its services as follows:

    1. If loss or damage occurs to a shipment while within the Border of Mexico, or at a Border Gateway of Mexico, maximum liability will be limited to $0.10 cents per pound per package or $1,000.00 per shipment, whichever is lower.


    2. If the Shipper desires to tender a shipment requiring carrier liability coverage in excess of the .10 cents per pound maximum liability noted in 1 above, the Shipper must indicate in writing on the Bill of Lading, as applicable at the time of shipment the total American dollar amount of additional coverage requested. The notation of EXCESS LIAIBLITY COVERAGE and the AMOUNT of the additional coverage must be placed with the description in lettering at least one inch in height. The maximum available carrier excess liability coverage is $0.50 cents per pound per package or $5,000.00 per shipment, whichever is lower. In no event will Carrier's maximum liability exceed the above coverage. See section 8 for details.


      1. Application of this provision is only while the shipment is within the Borders of Mexico or at a Border Gateway of Mexico.


      2. Excess liability coverage is not available for the following:


        1. Articles with actual, declared or released value as described in the NMFC or Saia tariffs (see section 14 of this tariff).


        2. Articles other than new. See section 9.


        3. Loss or damage occurs to a shipment within the Border of the US and not a Border Gateway of Mexico, the Carrier's US domestic liability limitations will apply, except that no excess liability coverage is available and the Carrier's 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 exclusion as detailed in Item 108 herein. In the event that the point of loss or damage cannot be determined, the liability limitations will be .10 cents per pound per package. See section 8 for details.


    3. 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.


    Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO; therefore, Saia recommends that the Customer obtain insurance coverage through their own insurance carriers to insure their shipments for greater amounts for the transportation beyond the border interchange to the Mexican carrier for ultimate destination in Mexico.

  13. LIABILITY ON VOLUME AND/OR SPOT PRICE QUOTES


    14. Carrier's liability for loss, damage, or destruction to any shipment or part thereof in connection with volume and/or spot price quotes quoted from the Saia Truckload department and/or items subsequently published, but originated from the Saia Truckload department includes, but is not limited to vans, truckload, pups, head loads, or flat quote will be governed by the terms of the volume and/or spot price quote, but in no event shall Carrier's liability be greater than the actual invoice value of the damaged or lost commodities or articles. In cases where Carrier's liability is established by the terms of the volume price quote, Carrier's liability will be limited to:

    1. Actual invoice value of the commodities or articles lost or damaged; OR


    2. Limited liability provisions of the Bill of Lading; OR


    3. Applicable limited liability provisions of the NMFC or section 14 of this tariff, whichever is less, subject to a maximum liability of $1.00 per pound per package. In no case shall Carrier's liability exceed $10,000.00 per shipment. This excludes items other than new as outlined in Section 9 and shipments outside the U.S. as outlined in Section 12.


    For EXCESS LIABILITY COVERAGE, volume and/or spot rates will NOT apply and it will be rated at actual class rate with applicable excess liability charges. See section 8 for details on new, section 9 for other than new (used), section 12 for items outside the U.S. and section 14 for articles of release values.

    Unless item is published, quotes must be obtained prior to tendering the freight to Saia. Shipments moving under volume and/or spot quotes must have the Saia quote number written on the Bill of Lading in lettering no less than one inch in height. A volume and/ or spot quote does not constitute "exclusive use" of Saia equipment. All volume and/or spot shipment will be loaded by shipper and unloaded by consignee unless specifically negotiated herein. Should carrier be requested to perform loading or unloaded services at origin or destination, applicable labor and detention charges will apply, unless specifically negotiated. Customer is liable for any fines received, as well as excess labor used in reloading to correct axle or gross vehicle weight overloads. Shipments exceeding the quoted weight and linear feet limitation as specified by the quote issued will be subject to excess charges. Excess charges will be in addition to the quoted rate, and applied only to the excess portion of the shipment that exceed the weight and feet limitations. Excess charges will be assessed at a rate of 150% of the volume quote rate per hundred weight, or 150% of the volume quote rate per foot, whichever is greater.

  14. LIABILITY FOR LOSS OR DAMAGE OF THE FOLLOWING COMMODITIES:


    15. The following list of commodities or article are subject to the liability limitations and conditions below:

    COMMODITIES OR ARTICLES
    RX
    RX WITH EXCESS
    Furnances, house heating, hot air$5.00$25.00
    Heaters, water, NOI$5.00$25.00
    Cards or tickets, paper or plastic$5.00$25.00
    Bus Bar System, NOI$5.00$25.00
    Controllers or Controller Parts, NOI$5.00$25.00
    Furniture, fiberboard, particleboard, unassembled$5.00$25.00
    Furntiure, metallic or wooden, NOI$5.00$25.00
    Tops, cabinet, chest, counter, desk, stool, table$5.00$25.00
    Air Coolers, Air Conditioners, or Heat Pumps$5.00$25.00
    Air Handlers, Refrigeration Evaporators$5.00$25.00
    Compressors, air: or Air Ends, NOI$5.00$25.00
    Cigarettes, Cigars and smokeless tobacco$5.00$25.00
    Plasma, Projections, LCD and any other Televsion productOI$5.00$25.00
    Metal filing cabinets, metal tool boxes on wheels, pet carriers, metal partitions and shelving$5.00$25.00
    Wheels, chrome, magnesium, aluminum, or other than steel$5.00$25.00
    Incandescent, fluorescednt or other type of lighting bulb or tube$.10$25.00

    Please see section 8 for information on EXCESS LIABILITY COVERAGE.

    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 maximum liability. Additional liability coverage IS NOT AND WILL NOT BE CONSIDERED AS INSURANCE FOR THE CARGO.

  15. PROHIBITED OR RESTRICTED ARTILCES


    16. 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:

    Antique Furniture -See section 9Jewelry, other than costume or novelty
    Aircraft disk brakes - carbonLetter, with or without stamps, unless
    Articles of extraordinary valueConsignor/Consignee is U.S.P.S.
    Bank BillsLiquids, in bulk, requiring special tank
    Biological productsTruck equipment
    Carbon BlackLive animals
    CoinsMedical Waste
    Corpses Moving picture films or other films
    Cream, freshMuseum exhibits or articles of antiquity
    Cultures of Etiologic agentsNitrocellulose (Except UN3270)
    CurrencyNotes
    DeedsOriginal works of art
    Diagnostic specimenPoisonous/Infectious Substances:
    Drafts-Infectious substances Div 6.2
    Envelopes or wrappers, government-Poison materials (with inhalation
    Stamped, in shipments weighingtoxicity) Div 6.1 (Mexico only)
    30,000 pounds or more-Poison materials (with inhalation
    Etiologic agentstoxicity) Zone A
    Explosives, Domestic - (Class 1.1,-Poison materials (with inhalation
    1.2, 1.3, 1.5)toxicity) Zone B bulk (over 119 gallons)
    Explosives, Mexico - (All Classes & divisions) Postage stamps
    Flammable Solids (Mexico only)Poultry, live
    -Div 4.2 - Spontaneously CombustiblePrecious and semi precious stones
    -Div 4.3 - Dangerous when wetPrecious metals, including but no limited
    Fruits, freshto gold, silver, platinum,palladium, etc.
    GarbageRadioactive substances regulated by
    Hazardous Wastethe D.O.T.
    Meat, freshTires that can be defined as used,
    Milk, freshdefective, scrap, salvage, waste, or
    otherwise other than new -See section 9
    Valuable Papers of any kind
    Vegetable, fresh
    1. If properly described:


      2. Except for shipment moving to or from Mexico, and if properly described on the Bill of Lading, Carrier's liability for shipments containing PROHIBITED OR RETRICTED ARTICLES inadvertently accepted by Carrier will not exceed $25.00 per pound per package or $100,000.00 per shipment per Shipper (excluding the weight of the packaging or container, pallets, skids and the like) or any release value applicable by the NMF 100 series or Saia Tariff 170-D or 670, whichever is lower.

    2. If NOT properly described:


      3. Except for shipment moving to or from Mexico, and if NOT properly described on the Bill of Lading, Carrier's liability for shipments containing PROHIBITED OR RETRICTED ARTICLES inadvertently accepted by Carrier will not exceed $0.10 per pound per package (excluding the weight of the packaging or container, pallets, skids and the like) or any release value applicable by the NMF 100 series or Saia Tariff 10-D or 670, whichever is lower.

    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.

  16. FREIGHT LIABLE TO DAMAGE OTHER FREIGHT OR EQUIPMENT:


    17. 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.