Rules Tariff

 

GENERAL APPLICATION

This Rules Tariff explains the rules and conditions of service that apply on shipments, whether surface, air, ocean or intermodal handled by MVP Logistics, LLC (“MVPL”), and are intended as a supplement the Terms and Conditions on MVP Logistics’ air waybills, the Uniform Straight Bill of Lading or other shipping documents. In the event of a conflict between the terms of any air waybill, Uniform Straight Bill of Lading, or shipping document upon which a shipment is tendered to MVPL, this Rules Tariff will supersede all rules and regulations contained on the air waybill, the Uniform Bill of Lading or other shipping documents on which freight is tendered. Except to the extent of any written contract between shipper and MVPL, the Rules Tariff supersedes and negates any claimed, alleged or asserted oral contract, promise, representation or understanding. In tendering freight to MVPL, the shipper agrees to the terms and conditions contained herein, which no agent, employee or representative of any of the parties may alter, amend, delete or add to unless by written agreement by an officer of MVPL.

 

EXTENDED SERVICE AND/OR ACCESSORIAL CHARGES

Accessorial charges may apply for any of the following services, including but not limited to:

  • First and Final Mile Services
  • Liftgate Services
  • Inside Pickup / Inside Delivery
  • Residential Pickup / Delivery
  • Limited Access Pickup / Delivery
  • Appointment Delivery
  • Reweigh / Reclass
  • Detention Time
  • Redelivery
  • Reconsignment
  • Storage Charges
  • Trade Show / Convention Center Deliveries

 

PAYMENT OF CHARGES

Payment is due within 30 days of invoice date. MVPL may charge interest at 1.5% per month on accounts aged over 30 days.

Payment as a condition of pickup or delivery will be required from accounts without approved credit or from accounts, which have not previously paid within credit terms. Accounts which desire credit and/or a credit extension must submit a credit application to MVPL. An exception to this rule will be allowed at MVPL discretion after a review of an account’s credit worthiness. MVPL reserves the right to alter or modify the credit terms of any account without prior notice. Any check returned for any reason, including but not limited to insufficient funds, will be assessed as a fee of $45.00 per check and placed for collection. Pending or unified claims against MVPL for loss, damage or overcharge dollar amounts may not be deducted from freight charges billed to the claimant (party who filed or will file claim or claims). Moreover, no claims will be entertained until all transportation charges have been paid. Settled or processed claims by MVPL for loss, damage or overcharge will not be reimbursed for any account not within credit terms. The shipper and consignee shall be jointly and severally liable for all unpaid freight charges. Accordingly, shipments where the shipper executes Section 7 of the bill of lading will not be accepted. If a shipment is inadvertently accepted with the Section 7 signed, the signing of Section 7 will not be applicable, and the shipper will remain liable for all freight charges. In the event MVPL brings legal action to enforce the terms of the airway bill, bill of lading or other shipping documents, or the of this Rules Tariff, or to collect any sums due and payable hereunder, MVPL shall be entitled to reasonable attorney’s fees and costs of collection. Unpaid freight bills are subject to civil suit in the state or federal courts of the State of Minnesota.

 

SHIPPER RESPONSIBILITIES

  1. The Shipper shall be solely responsible for the accuracy and completeness of all information provided in connection with each shipment tendered. Without limitation, the party tendering the freight shall accurately disclose and identify the specific commodity or product to be transported, the party requesting that the shipment be transported by MVPL, any party having a legal or beneficial interest in the shipment, and any party acting as an agent on behalf of any of the foregoing.
  2. Shipper is responsible for furnishing all invoices, document evidence and declaration including duties, fees, and other charges, which may be imposed or assessed against the property transported. Shippers assume full responsibility for shipments held by a government for any reason. Where all necessary requirements of such authorities are not complied with and, through no fault of MVPL, expenses are incurred; such expenses will become a charge against the shipment. Delivery will not be made until such charges are paid or guaranteed by shipper or consignee.
  3. Shipper is responsible for properly and completely describing each package in a shipment on the air waybill, Uniform Straight Bill of Lading, or other shipping documents. The shipper is further responsible for ensuring the shipment is properly marked and addressed, it is packaged adequately to protect the enclosed goods to ensure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers or that are unpacked/uncrated, MVPL shall not be liable for loss/damage unless carrier negligence is evident, and the loss/damage is so noted on the delivery receipt at the time of delivery. MVPL reserves the right to refuse any shipment if at the time of pickup, MVPL determines that the packaging is improper or inadequate to ensure safe transportation, unless shipper agrees to release to MVPL from all liability for claims for loss or damage to the shipment. NOTE: Under all circumstances, a shipment in which delivery is made in exchange for a clear delivery receipt shall be primarily evidence of having received ordinary care in handling.

 

LIABILITY STANDARDS

  1. Truckload Shipments: MVPL carriers provide documentation that a minimum of $100,000 coverage is in place for lost or damaged cargo. The shipper is required to inform MVP Logistics if the value of any load is more than $100,000. Unless special arrangements are made, as a broker, MVP is not liable for ANY cargo loss. At its discretion, MVPL may assist the shipper in recovering claims filed by the shipper for loss or damage. If the carrier fails to pay a claim for lost cargo, or if there is a loss over and above the amount the carrier is insured for or pays, the SHIPPER is liable for that additional loss. Therefore, it is extremely important for the shipper to make sure higher value loads are covered as part of the shipper’s insurance. Even though the carrier is always responsible for the first $100,000, MVPL can arrange coverage for amounts over and above the first $100,000 of value, if the shipper contacts MVP prior to the load being shipped. An additional charge will apply. Please contact your MVP representative for details.
  2. Less than Truckload Shipments: Liability for LTL shipments fall on the carrier. At its discretion, MVPL may assist the shipper in recovering claims filed by the shipper for loss or damage. If the shipper is concerned about coverage for any particular shipment, they should consult with their MVP representative prior to pick up. Additional insurance can be purchased as needed.
  3. Air and Ocean Shipments: Air and ocean carriers provide only limited general liability coverage, which is based on international conventions and does not reflect the actual value of the goods being shipped. Air carriers are typically liable for up to 26 SDR’s per kilogram and ocean carriers are limited to $500 per package or $2.00 per Kilogram, whichever is lower.
  4. At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a shortage in the shipment or damage to the containers. The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to recount” are not exceptions. Under no circumstances shall MVPL be liable for loss and/or damage of any kind to external shipping containers.
  5. MVPL shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotion; act or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of carriage contained herein, including but not limited to, improper packaging, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions upon at the time the shipment is accepted.
  6. Due to the inherent nature of the freight transportation business, MVPL does not guarantee pickup, transportation or delivery by a stipulated date or a stipulated time, nor shall MVPL be liable for the consequence of failure to do so.

 

UNDELIVERED FREIGHT

In the event of the failure or inability of the consignee to take delivery of a shipment, MVPL will notify the shipper in writing at the address shown on the air waybill or Uniform Straight Bill of Lading and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of MVPL notice, MVPL will return the shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, MVPL may, upon 30 days written notice to the shipper and consignee, dispose of the shipment at public or private sale, and pay itself out the proceeds of such sale all sums due and payable, including transportation charges, detention and storage fees, attorney’s fees, and any other expense of sale. Any excess proceeds will be remitted to the actual owner of the goods at the time of the sale. No sale or disposal hereunder shall discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and consignee shall remain liable, jointly, and severally, for any deficiency, including storage and detention fees incurred as a result of the inability to deliver. Forty-eight hours after giving written notice to the shipper, MVPL liability shall become that of a warehouseman. Accordingly, MVPL shall not be liable for any loss or injury to stored goods, however caused, unless such loss or injury resulted from the failure of MVPL to exercise such care in regard to the stored goods as a reasonably careful man would exercise under like circumstances, and MVPL is not liable for damage which could not have been avoided by the exercise such care.

 

ITEMS WITH EXTRAORDINARY VALUE

The following articles will not be accepted for carriage: bonds, coins of any kind, currency, currency equivalents, and negotiable securities. MVPL will not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of items of artwork (i.e. paintings, sculptures, etc.), original or replicated, antiques, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, time sensitive written materials or household goods and/or personal effects. Unless approved by MVPL, in writing, no employee or agent of MVPL has any authority to accept such articles or to waive the limitations contained herein.

 

Invoice Disputes

Overcharge claims must be received in writing by MVPL Operations Manager within 60 days of receipt of the invoice to have the right to contest such charges. The expiration of these time periods shall be a complete and absolute defense to any such action or proceeding, without regard to mitigating or extenuating circumstance or excuse whatsoever.

 

MISCELLANEOUS PROVISIONS

  1. The terms and conditions of any bill of lading are subordinate to this MVPL Rules Tariff. In the event of any conflict, the terms and conditions of this Rules Tariff shall prevail.
  2. MVPL shall have the right to A) substitute alternate carriers or means of transportation; and B) select the routing or deviate from that shown on the face of this air waybill or Uniform Straight Bill of lading.
  3. All shipments are subject to inspection by MVPL; however, MVPL is not obligated to perform such inspection(s).
  4. In the event a dispute arises out of the services provided by MVPL, the parties stipulate and agree that any lawsuit shall be adjudicated in the state or federal courts of the State of Minnesota.
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