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.

  1. CARGO LOSS AND DAMAGE CLAIM FILING


  2. 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 STB NMF 100 Series, Items 300100 through 300155.

    The following additional rules apply:

    1. All claims for loss, damage or destruction must be filed in writing or online by visiting www.saia.com within nine months after delivery or, for non-delivery claims, within nine months after the date of the bill of lading. When claims are not filed within the prescribed times, such claims shall be barred and not paid. Purported claims that do not comply with the requirements of 49 C.F.R. Part 370 will not be considered valid claims.


    2. Any lawsuits for cargo claims shall be instituted against Saia no later than two years 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. A claim shall be considered denied when any response other than an allowance of the claim in its entirety is transmitted.


    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. LIMITATIONS ON DAMAGES


  4. 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.

  5. GENERAL LIMITATIONS ON LIABILITY AND NOTES


  6. 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:

      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, any applicable limitation of liability established by any law of Canada or Mexico or any state or province of Canada or Mexico, or Saia's Rules Tariff Series-170- D herein;
      4. For shipments subject to the Carriage of Goods by Sea Act, $500 per package or customary freight unit;
      5. $100,000 per shipment.


      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 excess liability limitations or 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- EXCESS LIABILITY LIMITATIONS OFFERED IN THIS ITEM 108 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.

      6- For special rules governing flatbed shipments, see item 1046.


  7. SHRINK WRAPPED PALLETS


    1. General

    2. 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 indication 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.


  8. UNDELIVERED FREIGHT


  9. 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.

  10. SHIPPER LOAD OR CONSIGNEE UNLOAD


  11. 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.

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


  13. Cargo is considered NEW only if (a) it is tendered for transportation directly from manufacturing or growing facility, and (b) it remains it 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 (EXCESS LIABLITY LIMITATIONS) 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 $25.00 per pound per package or $100,000.00 per shipment, whichever is lower.

  14. EXCESS LIABILITY LIMITATIONS (Subject to Section 3)


  15. This section describes options available to customers who desire liability limitations in excess of those described in Item 108. Customers should review this section carefully to understand their options for increased liability limitations based on new, used, or outside the US-Mexico.

    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 amount, 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)

  17. For the purposes of limitations of liability, applying to USED cargo, the following definition applies:

    1. Cargo is considered NEW only if (i) if it is tendered for transportation directly from the manufacturing or growing facility, and (ii) it remains in its original box, carton, or shipping container, and (iii) has never been removed from the manufacturer's original packaging. All cargo not considered NEW under this definition is considered USED , even if it has not actually been used for the intended purposes; OR
    2. If cargo cargo has been reconditioned, refurbished, rebuilt, remanufactured, and it is considered USED for the purpose of the applicable rates and liability limits, even if such is shipped in its original packaging; OR
    3. USED cargo includes all commodities other than new, including but not limited to internet auctions, interplant moves, articles of household goods, personal effects, antiques, and display or demonstration models, 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 of this item (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 (10) 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)


  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)


  21. 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 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)


  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 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 9 of this item (EXCESS LIABLITY LIMITATIONS), 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:

    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 Carrier's U.S. domestic liability limitations will apply. 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 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. Saia will not be liable for 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)


  25. Volume/Spot quotes (See Tariff Item 495) quoted from the Saia Truckload department that begin 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)


  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
    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.
    Electronic data and media.
    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.
    Furs or fur garments
    Garbage.
    Handguns.
    Hazardous Waste.
    Jewelry, other than costume or novelty.
    Letter, with or without stamps, unless.
    Liquids, in bulk, requiring special tank.
    Live animals.
    Live plants.
    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.
    Piano(s)
    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
    Truck equipment.
    Valuable Papers of any kind.
    Any cargo requested to be transported under its own power or towed on its own axle for example except for loading and unloading, motor vehicles, motor cycles, caravans, horse boxes and trailers
    Vegetable, fresh.


    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:
    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 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.

    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 least 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.

    5. For excess liability coverage options for Prohibited Articles, Customer must call Saia Motor Freight Line, LLC in advance of shipment. Excess liability coverage is not available unless agreed to, in writing, in advance of shipment, by an authorized representative of Saia Motor Freight Line, LLC. See Item 75.


    6. Miscellaneous:
      1. Monetary coins will not be accepted as premiums with other articles except as authorized in NMF 100, Item 310.<.li>
      2. United States Mail will be accepted only when the consignee is a United States government or foreign government Postal Facility.
      3. U.S. Internal Revenue Distilled Spirit Stamps will be accepted in truckload or volume shipments only.
      4. Numismatic exhibits subject to NMF 100, Item 63830 may be accepted for transport.


  30. FREIGHT LIABLE TO DAMAGE OTHER FREIGHT OR EQUIPMENT:


  31. 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, not limited to hazardous, not properly described as being harmful to other freight, including but not limited to food products, will result in to the shipper for damage caused to Carrier's equipment or to other freight.

  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 revert to the original terms of the shipment.

  34. PACKAGING REQUIREMENTS


  35. 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.

  36. ACCEPTANCE OF GOODS


  37. The consignee must accept delivery of the goods upon delivery unless they are determined to be totally worthless.

  38. SALVAGE OF UNDELIVERED OR REFUSED FREIGHT


    1. Whenever property transported by Carrier is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, Carrier, after giving due notice wherever practicable to do so to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of competent salvage agent. Carrier shall dispose of the property only in a manner that will fairly and equally protect the best interests of all persons having an interest thereon. Carrier shall make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and claim, if any, filed thereon. Carrier shall also assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filled thereon.

    2. Upon receipt of a shipment on which salvage has been processed in the manner prescribed, Carrier shall record on its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.

    3. To the extent that the Shipper asserts that the goods should be destroyed for any reason, Carrier remains entitled to the salvage value the goods would have generated had the goods been salvaged instead of destroyed.


  39. FOOD ITEMS


  40. 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.

    Additional liability 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.

  41. UNATTENDED DELIVERY
  42. When shipper, broker, or consignee requests that freight be delivered at an unattended location or be delivered without signature by the consignee, Carrier is not liable for loss, damage, theft, or destruction that occurs after Carrier delivers freight, and Carrier's delivery receipt signed by driver will constitute evidence of delivery in good condition.

  43. RETURNED GOODS


  44. 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.

  45. ALASKA, HAWAII, AND PUERTO RICO (Subject to Section 3)
  46. For shipments moving between the 48 contiguous United States and Alaska, Hawaii, or Puerto Rico, or between Alaska, Hawaii, or Puerto Rico, the Shipper authorizes Carrier to arrange for transportation of goods via ocean carrier and, on behalf of and as agent of Shipper, to enter into contracts with an ocean carrier to accomplish said transportation. For any cargo loss, damage, or destruction occurring while the goods are in possession of the ocean carrier, the liability of the ocean carrier and of Saia shall be limited to the lesser of (a) the limited liability amount specified in the contract with the ocean carrier or the ocean or combined transport waybill or (b) the lowest applicable limitation provided by Item 108, Section 3-1D of the Saia Series 170D Rules Tariff. For excess liability coverage, see Section 8.