|ITEM 108 Carrier Liability For Cargo Loss and Damage Claims and Limitations of Liability|
This Item describes Saia's liability for cargo loss and damage claims and limitations that apply to that liability. Saia's liability and limitations on that liability will vary based on the type of goods shipped, the packaging of the goods, and the pricing selected by the customer. Saia offers its customers options for selecting higher limits of liability, in exchange for additional charges. Customers are encouraged to review this item carefully and to evaluate all options, including the purchase of insurance from independent insurers, to protect their freight.
Saia will assume liability for cargo loss and damage claims under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 et seq. and other applicable federal laws and regulations governing the interstate transportation of freight in effect on the date of the shipment and under the terms and conditions of the Uniform Straight Bill of Lading, except as shown herein, or to the extent otherwise expressly provided in participating tariffs or contracts. The Carmack Amendment and the Uniform Straight Bill of Lading will apply on all shipments, whether interstate, intrastate, or overseas, unless the Carriage of Goods by Sea Act applies by virtue of any contract or authorized bill of lading or by operation of law. To the extent that the provisions of the Carmack Amendment conflict with any provisions of the Uniform Straight Bill of Lading or of this Rules Tariff, such conflicting provisions of the Carmack Amendment are expressly waived pursuant to 49 U.S.C. § 14101(b). Saia's liability for cargo loss and damage begins upon signing the receipt or bill of lading for property it receives for transportation and ends when delivery is completed or when cargo is tendered for delivery. Saia will investigate and dispose of cargo loss and damage claims as set forth in 49 C.F.R. Part 370, and NMF 100 Series, Items 300100 through 300155.
The following additional rules apply:
Saia shall not be liable for any loss, damage, or delay caused by an act of God, the public enemy, the governing authorities, the inherent vice of the goods, or the act or default of the shipper, riots or strikes, any related causes, or any other cause recognized by law as relieving the Carriers liability.
In no case shall Saia be liable, and it hereby disclaims responsibility for any indirect, incidental, consequential, special punitive, or multiplied damages or other indirect costs, economic loss, penalties, 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.
Saia agrees to accept, transport, and deliver such merchandise as Customer may tender to Carrier for transportation in the regular course of Carrier's providing transportation services. Saia shall not be responsible for any damages, direct, indirect or consequential, which are the results 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.
This item explains the overall liability limits and conditions established by Carrier for all shipments tendered to it for transportation. All parts of Item 108 are subject to 1 through 6 below. Other provisions of Item 108 apply where made applicable by their terms.
1 - Whether applicable to new, used, or reconditioned articles, and regardless of NMFC released, declared or actual value provisions, Carriers liability for any loss, damage, theft, or destruction of freight shall not exceed the least of the following:
2- In all cases released values will be based on a per-item or article basis. Liability limitations based on weight will not be determined based on the weight of the packaging of the entire shipment nor the entire weight of the commodity in question but only on the damaged portion of the cargo. Furthermore, the weight of the packaging and/or shipping container, pallets, skids and the like shall not be included when determining maximum liability.
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.
4- Failure to describe articles as USED on the original Bill of Lading will not affect the application of this item 108 Sections 8-9 herein.
5- FULL VALUE COVERAGE IN THE FORM OF INSURANCE IS OFFERED IN THIS ITEM 108 PER SECTION 8. ANY AND ALL INSURANCE OFFERED HEREIN IS PROVIDED BY THIRD PARTY INSURERS AND NOT BY SAIA. SAIA IS NOT IN THE BUSINESS OF PROVIDING OR SELLING INSURANCE BUT MERELY OBTAINS SUCH INSURANCE FOR THE BENEFIT OF ITS CUSTOMER WHEN REQUESTED BY THE CUSTOMER IN ACCORDANCE WITH THE PROVISIONS OF THIS ITEM 108. ANY AND ALL INSURANCE OFFERED HEREIN IS SUBJECT TO THE MAXIMUMS ESTABLISHED BY SECTION 8 OF THIS ITEM 108. ANY EFFORT TO REQUEST INSURANCE 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 INSURANCE OR A DECLARED VALUE IN EXCESS OF THE MAXIMUMS ALLOWED DOES NOT CONSTITUTE 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 THE MAXIMUMS ESTABLISHED BY THIS TARIFF AND CHARGES ASSESSED ACCORDINLY.
6- For special rules governing flatbed shipments, see item 1046.
Shipments tendered to Saia on a plastic shrink wrapped pallet/skid, shall be signed for as shrink wrapped skid(s), ________Shrink wrapped pallet(s), ________SWP, or SWP UTC, or ________SWP STC. When a plastic shrink wrapped skid is delivered to the consignee intact, the plastic shrink wrap unbroken, Saia shall assume no liability for loss or damage discovered therein, either at delivery or after delivery has been performed. Pallets are only considered to be not intact at time of delivery if there is a written exception indicating the number of pallets and that they were not intact.
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. A drivers signature that purports to sign for a number of pieces shall be ineffective to establish that Saia actually received that 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.
All shipments to Distribution Centers requiring unattended delivery, including but not limited to Amazon.com, Costco, Sams Club or Wal-Mart Distribution Centers, or retail locations must be palletized and shrink wrapped for unattended unloading at delivery. Shipments accepted as pieces tendered on pallets and transported on pallets by Saia will be tendered for delivery on pallets with shrink wrap intact. Subsequent shortage claims will not be accepted if shrink wrap was intact and the correct number of pallets was delivered to the Amazon.com, Costco, Sams Club, or Wal-Mart Distribution Center or retail location. The delivery receipts must have a notation of pallets not intact or freight will be considered intact.
Undelivered shipments will be subject to applicable storage or detention storages if no reply is received from attempts to notify shipper. See Saia tariff item 910 for explanation of applicable storage charges.
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.
Cargo is considered NEW only if (a) it is tendered for transportation directly from manufacturing facility, and (b) it remains in its original box, carton, or shipping container, and (c) it has never been removed from the manufacturers original packaging. Except as provided in Section 8 herein (FULL VALUE COVERAGE) or as otherwise provided herein, Saias maximum liability for loss, damage, or destruction to all or any part of a shipment of NEW articles while in the Carriers possession within the points in the U.S. shall be limited to $5.00 per pound per package or $50,000.00 per shipment, whichever is lower.
This section describes options available to customers who desire liability coverage in excess of those limitations described within Item 108. Customers should review this section carefully to understand their options for increased liability coverage.
Saia makes available, through third-party insurers, full value coverage at rates provided herein, which are subject to change. The full value coverage option is protection against All Risk of physical loss or damage to the cargo from any external cause only and completely replaces the level of carrier liability otherwise established within Item 108 subject to rules and exceptions indicated herein. To obtain full value coverage, Shipper must properly request full value coverage by following the procedure set forth in this Section 8, and Shipper must declare an Invoice Value for the shipment on which full value coverage is requested. Covered Value is defined as the sum of the amount of invoice value presented on the request by the Shipper for new or used items, plus freight charges, plus 10% (invoice value + freight charges + 10%) and always subject to limitations and rules set for in this Section 8.
Where full value coverage is properly requested, Carrier will impose, and Shipper or the Payor of freight charges must pay, within terms, the following charges (in addition to all other charges incurred):
Example 1: If customer requests full value coverage of $25,000.00 invoice value, the customer must note FULL VALUE COVERAGE AT $25000.00 at least one inch in height on the BOL. The Full Value charge will be $175.00.
Example 2: If customer requests full value coverage of $1500.00 invoice value the customer must note FULL VALUE COVERAGE AT $1500.00 at least one inch in height on the BOL. The Full Value charge will be $50.00 minimum charge.
Except as provided in Section 8 of this item (FULL VALUE COVERAGE) 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 (10¢) per pound per package or $10,000.00 per shipment, whichever is lower.
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 transport shipments destined to Mexico to the border most convenient to Saia, or to the 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 of this item (FULL VALUE COVERAGE), Saia's 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:
Except as provided in Section 8 herein (FULL VALUE COVERAGE), Saias liability for loss, damage, or destruction to all or any part of a shipment that has incandescent, fluorescent or other type of lighting bulb or tube is limited to 10 cents ($.10) per pound.
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:
Because these articles are prohibited, they will not be accepted for transportation. If prohibited articles are inadvertently accepted by Carrier, Carriers liability will be limited to:
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 least of the actual value supported by a certified copy of the original invoice, any released value made applicable by the NMF 100 series or Saia Tariff 170-D, or $100,000 per shipment.
Except for shipments moving to or from Mexico, and if NOT properly described on the Bill of Lading, Carrier's liability for shipments containing PROHIBITED OR RESTRICTED ARTICLES inadvertently accepted by Carrier shall be limited to the least of the actual value supported by a certified copy of the original invoice, 10 cents ($.10) per pound per package, $500.00 per shipment, or any released value applicable by the NMF 100 series or Saia Tariff 170-D herein.
Carriers are not obligated to receive and transport 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 that causes damage to other freight will result in liability to the shipper for damage caused to Carriers equipment or to other freight.
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 exception, Saia reserves the right to revert to the original terms of the shipment.
Where packaging requirements are not otherwise provided by tariff or contract, the packaging requirements of NMFC will apply. Where packaging requirements are provided in this tariff, rates provided therewith will apply only when the article or articles are packaged in accordance with such packaging requirements, except that rates subject to such packaging requirements will apply also when the article or articles so packaged as required are placed on pallets. It is the responsibility of the shipper/consignor to ensure that proper packaging is used and that contents of packages are adequately and securely packaged, wrapped, and cushioned for transportation. Carrier is not liable when loss, damage, or destruction is caused by insufficient or improper packaging, securing, marking, or labeling of the goods.
The consignee must accept delivery of the goods upon delivery unless they are determined to be totally worthless.
For food, food-related items, medical supplies, drugs, and toiletries, Carrier shall not be liable unless actual damage to the freight itself (and not damage only to the packaging or potential or suspected damage to the freight) is proven.
If shipper transports items covered under any food, drug or cosmetics legislation, law, statute, code and or regulation which requires rejection or destruction of the entire shipment because the items are or may be contaminated under the definition of the legislation, shipper must clearly indicate on the bill of lading that carton and/or packaging damage may contaminate product.
FULL VALUE COVERAGE above the maximum carrier liability limits shown in this item are available in accordance with provisions of Section 8 of this item.
If the consignor has given the carrier notice on the bill of lading as required above, carriers liability for loss, damage, or destruction to any shipment or part thereof is limited in accordance with the terms of this Item 108.
In the event that shipper requires that any freight subject to this section be destroyed without a showing of actual damage, Carrier will be entitled to a salvage offset for the actual value of the freight when tendered for delivery by Carrier.
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 an opportunity to inspect prior to return, will be limited to lost freight only and Saia will not be responsible for damages.