Terms

Governing all Tariffs and Shipping Activities of Rush Freight Global.

United States, Canada, and International

These Terms and Conditions of Contract (the ”Terms”) are effective from Dec 1st 2010 and are subject to change without notice.
In tendering the shipment for delivery, the Shipper, Consignee and any other party with an interest in the shipment (or anyone claiming by, through or on behalf of such parties) agree to these Terms and these Terms shall supersede all previous Terms.
These Terms shall apply to all shipments unless otherwise required or mandated by a federal, state or foreign law, rule or regulation applicable to the shipment.
Shipments originating outside Canada for U.S. or other international destinations are subject to local tariffs and the terms and conditions of the Rush Freight Global subcontractor or independent contractor which accepted the shipment, if such terms and conditions are different from these Terms.

No employee, agent or representative of Rush Freight Global, other than an officer of Rush Freight Global, nor any other person or party is authorized to change or modify these terms.

If there is a conflict between these Terms and the terms and conditions on any Rush Freight Global Air Waybill “Air Waybill”) or sub-contractor Air Waybill or other transit documentation, the Terms contained herein shall control to the extent not in conflict with the rules relating to liability for international carriage established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929(“Warsaw Convention”), as amended by the protocol done at The Hague on 28 September 1955 (“Hague Protocol”) and the protocol number 4 done at Montreal on 25 September 1975 (“Montreal Protocol 4”), as applicable, and all other applicable amendments to the Warsaw Convention, or any applicable tariff, convention or treaty.

These Terms supersede all previous and other prior statements concerning the conditions of the Rush Freight Global service to which it applies. Should any provision(s) of these Terms for any reason be declared by any court of competent jurisdiction to be invalid or unenforceable, such decision shall not affect the validity of any remaining provisions, or portions thereof, of the Terms, which remaining provisions shall continue in full force and effect.

Any failure to enforce or apply a term, condition or provision of these Terms shall not constitute a waiver of that term, condition or provision or otherwise impair our right to enforce or apply such term, condition or provision in the future.
As used herein, the words “Rush Freight Global”, ”our,” ”we,” and ”us” shall refer to Rush Freight Global, and its employees and agents.
For international shipments, ”pound(s)” shall be converted to applicable metric weight.
Rush Freight Global at all times operate only as an “agent” of the actual carrier.

I. ACCOUNT NUMBERS AND ADDRESS CORRECTION

a. A valid Rush Freight Global account number is required for all U.S. and Canadian shipments unless payment is made at time of shipment. The use of a valid Rush Freight Global account number ensures that

Rush Freight Global invoices are sent to the proper locations for payment
Account activity is accurately summarized by our system
The payor is billed with the appropriate rate.

b. Account numbers will be made available to all qualified customers.
c. In the event that an earned discount is not applied to an invoice because the payor’s account number was omitted on the Air Waybill, no adjustment will be allowed.
d. In the event a Consignee’s address or ZIP/Postal code is found to be incorrect, we will attempt to determine the correct address and complete the delivery as expeditiously as possible, but we assume no responsibility for our inability to complete delivery under such circumstances. A special handling fee per correction will be assessed for this service. (See Rush Freight Global Accessorial Guide for a listing of current charges). If the correct address can’t be determined and if the Consignee can’t be reached, the Shipper will be contacted for address clarification or instructions for the return of the shipment.(See Section XVIII. NOTICE AND DISPOSITION OF PROPERTY)
e. U.S. Postal Regulations preclude delivery of shipments to P.O. Box addresses, P.O. Box ZIP codes or APO boxes. Therefore, any shipment addressed to P.O. Box addresses, P.O. Box ZIP codes or APO boxes will be considered an incorrect address and handled as outlined in Section I.D. above. Rush Freight Global applies the same condition within Canada.

II. ADVANCEMENT OF CHARGES

a. Upon request, and restricted to those points beyond the normal pickup and delivery area (“beyond points”), we will advance the charges for transportation, cartage, storage, loading, unloading, unpacking, packing, and processing not performed by us when a sufficient guarantee is given by either the Shipper or Consignee that such additional charges will be paid. (See Rush Freight Global Accessorial Guide for a listing of current charges). We will not advance any charges within the normal pickup and delivery area. However, as a convenience to the customer, we will rebill ”house trucker” charges along with a handling fee.
b. We will not advance charges on any shipment on which prepayment of charges is required unless the amount of such advances has been deposited by check with us.

III. THE AIR WAYBILL

a. The Shipper shall have the duty to prepare and present a current version of our Air Waybill or our sub-contractor’s for each shipment. Notwithstanding who prepared the Air Waybill or the originating documentation, it shall conclusively be deemed to have been prepared by the Shipper. Customers’ shipping documents will not be accepted; the Air Waybill must be used. In the event other shipping documentation, including without limitation a version of our Air Waybill or sub-contractor’s AWB other than our current version, or customer provided documentation, is inadvertently accepted by us, it shall be deemed to be utilized for convenience purposes only, and any such shipment shall be subject to these Terms. The Air Waybill or other shipping document shall be non-negotiable. Each shipment shall be subject to the rules, regulations, rates, and charges contained in the Air Waybill or sub-contractor Air Waybill, Rush Freight Global Service Guide (“Service Guide”), the Rush Freight Global Accessorial Guide (“Accessorial Guide”), the Rush Freight Global Cities Served Directory, these Terms and all Tariffs in effect on the day of acceptance of such shipment.
b. The Air Waybill or Sub-contractor Air Waybill shall be binding upon the Shipper, the Consignee, any other party with an interest in the shipment, us, and our agents.
c. In tendering the shipment, the Shipper and the Consignee agree to these Terms and no employee, agent or representative of the parties, other than an Officer of Rush Freight Global, is authorized to modify any of the Terms. All Terms, including but not limited to Limitations of Liability contained herein, shall apply to our agents and their contracting carriers.
d. If requested, we will provide the Shipper with a copy of the Air Waybill, Bill of Lading, Shipper’s Manifest or other non- negotiable shipping document on which the shipment was tendered to us. A charge per copy will be assessed for this service. (See Rush Freight Global Accessorial Guide for a listing of current charges).
e. It is the Shipper’s sole responsibility to accurately and completely describe the contents of all shipments on the Air Waybill.
f. A contact name and phone number for the Shipper must be legibly written on the Air Waybill.
g. A contact name, address, ZIP code, and phone number for the Consignee must be legibly written on the Air Waybill.
h. The number of pieces included in a shipment must be specified on the Air Waybill.
i. The dimensions and weight of the shipment must be entered on the Air Waybill by the Shipper. If omitted or entered incorrectly, we reserve the right to either:

Measure and weigh the shipment and apply appropriate density and oversize shipment surcharges, or Apply a standard ”default” piece count and weight estimate.
The current default values are one piece and ten pounds.

k. Omission of the service level on the Air Waybill will default to Next Day for U.S. and Canada domestic shipments, and Standard Service for International shipments.
l. IATA regulations require certain notations to be placed on an Air Waybill for shipments of Dangerous Goods. Shipper shall have the sole obligation to comply with IATA regulations and make such notations, if applicable.
m. If the commodity being shipped is not Dangerous Goods, but could be confused as such, the Shipper must place the words ”NOT RESTRICTED” on the Air Waybill to indicate that the Shipper has reviewed the shipment against the appropriate regulations.

IV. APPLICATION OF CHARGES

a. Except as otherwise provided for herein, transportation charges for a shipment will be assessed on the gross weight of the shipment based on the greater of:

The actual weight, or
The cubic dimensional weight determined in accordance with Subsection E.

b. The charges will be assessed on the basis of the service level requested on the Air Waybill at the rates in effect on the day of acceptance of the shipment. Omission of the service level on the Air Waybill will result in rates charged for Next Day Service. If a service requested on the Air Waybill is to a ZIP code where that level of service is not available in our Service Guide, we will attempt to provide the service requested. However, failure to provide such level of service will not affect the applicable charges.
c. In computing charges, fractions will be rounded to the next higher cent.
d. Fractions of pounds will be assessed at the charge for the next higher pound. Fractions of kilograms will be rounded up to the next half kilogram. Fractions of an inch will be rounded to the next higher inch. Fractions of a centimeter will be rounded to the next higher centimeter.
e. Charges for shipments with overall measurements exceeding 1 cubic inches (2720.24 cubic centimeters) will be assessed on the basis of one pound per 139 cubic inches (one kilogram per 5997.05 cubic centimeters) or fraction thereof. Cubic measurements will be based on the product of the length times width times height of each piece comprising a shipment.
f. Multiple piece shipments that are tendered on a single Air Waybill that weigh less than 100 lbs. (45.36 kilograms), and that move within the continental United States or and Canada, or within Canada, or between Canada will be rated at the lower of the sum of the average weight per piece charges or the charge for a 100 pound shipment (45.36 kilograms).
g. One-day rate quotes are applicable only to the specific shipment under quote and are valid for 24 hours. Rate and service quotations will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered. The customer must indicate the rate confirmation number on the Air Waybill, or IT2.
h. We reserve the right to audit Air Waybills and shipments made via an automated device to verify service selection and package or shipment weight. If the service selected or weight is incorrect, we may make appropriate adjustments to the Air Waybill or invoice at any time.

V. CHARGES PREPAID, COLLECT OR THIRD PARTY

a. Shipments will be accepted either with the charges to be prepaid by the Shipper (a.k.a. bill to Shipper) or to be collected from the Consignee (a.k.a. bill to Consignee) or, when requested by the Shipper or the Consignee, to be billed to a third party. In any case, the Rush Freight Global account number of the paying party must be specified on our Air Waybill. If the third party or collect party should refuse payment for any reason, liability for payment shall revert to the Shipper and or Consignee. When the form of payment is not marked on the Air Waybill, the shipment will be assumed to be prepaid. In all events, the Shipper and Consignee shall be liable jointly and severally for all unpaid charges payable on account of a shipment.

b. The ”type of billing” for international shipments cannot be changed once the shipment is tendered to us unless the request is accompanied by a written guarantee from the new payor. For any other shipments that have not been delivered or passed on to the Consignee’s broker, Shipper initiated requests for changes in type of billing, e.g., PREPAID, COLLECT, OR THIRD PARTY, will be honoured at no charge. Subsequently, no request for ”type of billing” changes that reduce the rates or charges will be accepted, nor will the invoice be adjusted.

c. All requests for changes in type of billing after delivery must be accompanied by a guarantee
of payment by the new payor. An additional charge for this change will be assessed. (See Rush Freight Global Accessorial Guide for a listing of current charges). Revisions will not be allowed when a reduction in the original rates occurs as a result of the change.

d. he following shipments must be prepaid by the Shipper, regardless of the payment type checked on the Air Waybill and Rush Freight Global and it’s sub contractors accepts NO liabilities what so ever and however it may arise:

Shipments addressed to United States Government agencies, unless shipped on Government Bill of Lading.
Shipments addressed to any person and/or organization in care of another person and/or organization.
International Express Documents.
Shipments with a commercial value less than the transportation charges.
Shipments of samples.
Tradeshows of any kind.

e. Charges on the following shipments must be collected when the freight is accepted and Rush Freight Global and it’s subcontractors accepts NO liabilities however it may arise:

Shipments destined to exhibition grounds, parks, fairs or similar enclosures.
Shipments of personal effects consisting of wearing apparel, cosmetics, toilet articles, and articles worn by an individual, used, not for resale.
Shipments addressed to hotel guests.
Shipments addressed to or from political organizations.

VI. CHARGES FOR SHIPMENTS CONTAINING OVERSIZED AND UNUSUAL PIECES

a. Shipments moving between points in the United States, between points in the United States and points in Canada, or between points in Canada, which have any dimension (length, width, or height) of 60 inches (152.40 centimeters) or greater will be assessed a premium of 30% of the total transportation charge in addition to all other charges. A minimum premium of $100.00 will be assessed when any dimension (length, width, or height) exceeds 130 inches (304.80 centimeters).

b. Shipments moving between points in the United States, between points in the United States and points in Canada, or between points in Canada, with special pricing will be charged the higher rate of :

A charge equal to 20% of the transportation amount if the shipment contains any one piece. exceeding a length plus girth of 130 inches (508.00 centimeters), length always being the largest measurement. Girth is defined as the sum of the width plus the height multiplied by two. This charge will be based on the greater of the actual vs. cubic dimensional weight of the shipment determined in accordance with Section IV, or
A charge equal to 30% of the transportation amount if the shipment has any dimension (length, width, or height) of 60 inches (152.40 centimeters) or greater. A minimum premium of $100.00 will be assessed when any dimension (length, width, or height) exceeds 120 inches (304.80 timeters). This charge will be based on the greater of the actual vs. cubic dimensional weight of the shipment determined in accordance with Section IV.

c. International Express, Next Day, Standard, and Special rates may not apply on international shipments containing pieces measuring in excess of 125 inches (L) X84 inches (W) X62 inches (H) (317.50 centimeters X 213.36 centimeters X 157.50 centimeters). For information on international oversize shipments, please contact Rush Freight Global.

d. Subject to advance arrangements and possible delay (See Section XXIX. SHIPMENTS SUBJECT TO DELAY), we will accept shipments containing oversized pieces, as defined herein, that meet the conditions and limitations enumerated below and will base the appropriate charges on rating calculations described in Subsection E. Piece Dimensions and Positioning on Aircraft:Shipments containing pieces with height greater than 62 inches, which cannot be tipped, will be moved as Next Day Service and rated at the applicable Next Day rate. Premiums described in Subsections A and B will apply.Shipments containing pieces measuring in excess of 120 inches (304.80 centimeters) in length, or 84 inches (213.36 centimeters) in width, or otherwise restricted by their height/contour/profile from fitting in our contractor single standard “A” container (shown below) shall be positioned during transportation in accordance with our operational practices, taking into consideration constraints and interior volume limits, consistent with safety and weight/balance considerations.
e. Rating Conditions :

The charges for shipments containing oversized pieces (defined in Subsection D above) shall be based on the higher of the following calculations:
The actual weight of the shipments, or
The weight determined by multiplying 4,100 pounds (1,859.76 kilograms) by the total number of pallets used (fully or partially) in positioning the shipment on the aircraft.
See (2) below for pallet dimensions.
The dimensions of the pallets to be used are: Width: 88 inches (223.52 centimeters) Thickness: 5/8 inch (1.59 centimeters) Length: 120 inches (304.80 centimeters)
Shipments rated in accordance with the terms of this Subsection will not be assessed the premium described in Subsections A and B above.

Equipment is scheduled for each city to provide space/weight allocations that equal normal daily average volume for that particular city. Shipments of excessive weight or size will be subject to the following conditions:

Prior arrangements must be made. 24-hour advance notification is required for more than one container load or its equivalent.(See Section XXVIII. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENTS)ii) Shipments may be delayed or moved by alternate means. (See Section XXIX.SHIPMENTS SUBJECT TO DELAY)
Contract pricing or discounts may not apply, at Rush Freight Global sole discretion

Non-conforming cargo

Shipments which are unusually shaped, difficult to handle, palletized, uncrated or which require special handling in transit (to prevent damage to the shipment, the other shipments it may come in contact with, the shipment handlers or the equipment) will beassessed an additional service harge and/or will be subject to delay. (See Rush Freight Global Accessorial Guide for a listing of current charges).
Shipments which cannot be stacked (either by instruction on the Air Waybill or marking or labeling on the shipment) will be assessed an additional service charge and/or will be subject to delay. (See Rush Freight Global Accessorial Guide for a listing of current charges)

VII. NO “CHECK” TO SHIPPER or COD’s Service.

VIII. CLAIMS PROCEDURE

a. Loss and Damage Claim Requirements

Claims for loss or damage must be e mailed and acknowledged by Rush Freight Global.
- As used herein and throughout these Terms, a domestic shipment is one which moves solely within the borders of a country and/or its possessions.
- As used herein and throughout these Terms, an international shipment is one which moves from one country to another.
All claims, domestic and international, for loss or damage MUST be made in writing within 10 calendar days after date of acceptance of the shipment by us. They will be acknowledged within 10 calendar days after receipt at the above address. All claims MUST:
No loss or damage claim will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from lawful transportation charges.
Notice Requirement for Concealed Loss or DamageFor shipments within the United States, or Canada, or between the United States and Canada, loss or damage to contents of a shipping container, which could not have been noted at time of delivery, must be reported to us by calling Rush Freight Global within 2 business days from date of delivery. A request for inspection must be made at that time.All merchandise must be retained in the original shipping container, in the same condition it was in when loss or damage was discovered, until inspected by Rush Freight Global. For international shipments other than those between the United States and Canada, loss or damage to contents of a shipping container, which could not have been noted at time of delivery, must be reported to the local Rush Freight Global office within 3 business days from date of delivery. A request for inspection should be made at that time. All merchandise must be retained in the original shipping container, in the same condition it was in when loss or damage was discovered, until inspected by Rush Freight Global.
No action for loss or damage or otherwise involving domestic or international shipments may be maintained against Rush Freight Global, it’s directors and or it’s employees irregardless of how it may arise. Any legal action against Rush Freight Global, It’s directors and employees, by accepting tariffs, customers hereby agrees to pay Rush Freight Global for all legal costs and loss time. Rush Freight Global maximum liability payout for any and all liability is $100.00 Cdn.
When salvage becomes the property of Rush Freight Global due to claim settlement, it will be picked up at our sole discretion.
For information on claim procedures for shipments within the United States, or Canada, or between the United States and Canada, contact Rush Freight Global.
Our liability, if any, for loss or damage or of any other sort, is limited in accordance with the provisions of Section XVI. LIMITATIONS OF LIABILITY.
All claims for loss or damage are subject to only to proof of value.
For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action on Rush Freight Global.

b. Guaranteed Service – Service Failure Claim Requirements

A service failure will be deemed not to have occurred if within 30 calendar days after notification, we provide: Proof of timely delivery, consisting of date and time of delivery and name of the person who signed for the Guaranteed Service shipment, or Service exception information reflecting that the failure to timely deliver resulted from an exception described under Section XII. GUARANTEED SERVICE.

No action for service failure involving domestic Guaranteed Service shipments may be maintained against

Rush Freight Global, it’s directors and it’s employees irregardless of how it may arise. Rush Freight Global maximum payout for any and all liabilities is $100.00 Cdn.
Our liability, if any, for service failures on Guaranteed Service shipments, is limited in accordance with the provisions of Section XII. GUARANTEED SERVICE.
For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action on Rush Freight Global

c. Non-Guaranteed Service – Service Failure Claim Requirements..

Customers wishing to file a claim for a service failure on non-Guaranteed Service shipments, including mis delivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow hipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, delay (for international shipments only) or missed pickup, MUST notify us in writing within 3 calendar days from the date of shipment. For shipments within the United States, or Canada, or between the United States and Canada please contact Rush Freight Global for information regarding where to file your claim. Rush Freight Global maximum payout irregardless is $100.00 Cdn.
A service failure will not be deemed to have occurred if within 30 calendar days after notification, we provide:Proof of timely or otherwise proper delivery, consisting of date and time of delivery and name of the person who signed for the shipment, or
Service exception information reflecting that the failure to timely or otherwise properly deliver resulted from an exception described under Section XIII. LIABILITIES NOTASSUMED, or Proof that the service was necessary for the protection of shipments with a declared value or insurance amount of $1,000.00 (USD) or greater.

All claims MUST:
– include a copy of the Air Waybill, bill of lading or shipping manifest;
– include a description of the goods;
– include a description and details of the nature/extent of the service failure; and
– include the amount of the claim.

No service failure claim will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from lawful transportation charges.
No action for service failure involving domestic or international shipments may be maintained against
Rush Freight Global, It’s employees and it’s directors irregardless of how ever it may arise. Rush Freight Global maximum payout is $100.00 Cdn.
Our liability, if any, for service failures on non-Guaranteed Service shipments, is limited in accordance with the provisions of Section XVI. LIMITATIONS OF LIABILITY.
All claims for service failure are subject to proof of value.
and Rush Freight Global maximum payout irregardless of how it may arise is $100.00 Cdn.
For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action on Rush Freight Global.

d. Shipper’s Interest Insurance Claim Requirements

Claims for physical loss or damage covered by Shipper’s Interest Insurance must be delivered to Rush Freight Global.
All Shipper’s Interest Insurance claims for physical loss or damage MUST be made in writing within 12 calendar days after date of acceptance of the shipment by us. They will be acknowledged within 10 calendar days after receipt at the above address. All claims MUST:

– include a copy of the Air Waybill, bill of lading or shipping manifest;
– include a description of the goods;
– include a description and details of the nature/extent of the damage or loss; and
– include the amount of the claim.

No Shipper’s Interest Insurance claims will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from lawful transportation charges.
Notice Requirement for Concealed Loss or Damage.
Loss or damage to contents of a shipping container, which could not have been noted at time of delivery, must be reported to the local Rush Freight Global office within 4 calendar days date of delivery. A request for inspection should be made at that time. All merchandise must be retained in the original shipping container, in the same condition it ;was in when loss or damage was discovered, until inspected by us.
No action for physical or other loss or damage may be maintained against Rush Freight Global, it’s Directors and It’s employees irregardless of how ever it may arise and our maximum payout is $100.00 cdn.
When salvage becomes the property of Rush Freight Global due to claim settlement, it will be picked up at our sole discretion.
For information on claim procedures for international shipments, contact the local Rush freight Global office.
All claims for loss or damage are subject to proof of value.
For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action on Rush Freight Global.

e. Overcharge Claim Requirements

Claims for overcharges or billing adjustments MUST be made in writing and delivered within 10 calendar days of date of invoice to Rush Freight Global.
No action for overcharge or billing adjustments may be maintained against Rush Freight Global, It’s directors and it’s employees irregardless of how ever it may arise and our liabilities is maximum $0.00 Cdn. For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action on Rush Freight Global.

IX. CUSTOMIZED TRANSPORTATION’S VAN SERVICE

a. At the request of the Shipper, we will handle all shipments requiring inside pickup, inside delivery, or related origin and destination services under Customized Transportation’s Van Service, and assess applicable charges. Shipments must be registered by facsimile or email, prior to tendering shipments to us. If we issue an authorization number, that number must be placed in the “Auth/Conf” line in the “Handling Instructions” block of the Rush Freight Global Air Waybill or sub-contractor AWB.

b. Shipments requiring inside delivery, unpacking, and other destination services must be registered and accepted by us prior to tendering shipments to us, and by no later than 1:00 PM, destination community time, the day the shipment is tendered to us.
c. Shipments requiring inside pickup or other origin
services must be registered by 1:00 PM, origin community time, the business day prior to the date of pickup.

d. Shipments will be scheduled for delivery by 5:00 PM, Monday through Friday (excluding holidays) based on the service level requested unless otherwise requested and accepted by us at the time of registration.
Unless otherwise requested and accepted by us on or prior to the date of shipment, inside delivery services will include a crew of two workers equipped with material handling tools appropriate for the delivery, based on information provided by the Shipper or Consignee. Additional charges will apply for:
Equipment for ascending/descending stairs, floor coverings, climate control, cranes, rigging tools, fork lifts, and other nonstandard van equipment.

e. Padded van pickup or delivery to points not identified as local delivery points in the Service Guide.
Inside pickup.

f. Shipment preparation including packing, skidding, and crating.

g. Assembly, disassembly, or installation.
Shipments requiring more than a crew of two (2), or shipments of more than ten (10) pieces.
Charges will be based on a minimum weight of 100 pounds.
Shipments subject to advance arrangements (additional charges may apply) include:
Origin services requiring inside pickup, packing, padded van, and/or air-ride transportation.
Origin or destination services:
– before 8:00 a.m. or after 5:00 p.m.
– on weekends or holidays.
– “at” a specific time.
– during a time interval of four (4) hours, or less.

h. Freight collect, and/or C.O.D. shipments will not be accepted.

i. Shipments will be placed, unpacked, de-skidded, and packing material debris will be removed and disposed of only if specifically requested at the time of registration. Additional charges may apply.
Liability for cargo damage or loss that occurs during shipment preparation, inside pickup, disassembly, packaging, skidding, crating, storage, inside delivery, unpacking, placement, assembly, installation or other non-transportation services provided by us shall be as set forth in Section XVI.A. above.
We reserve the right to treat requests for inside pickup or delivery as requests for Customized Transportation’s Van Service, whether registered with Customized Transportation’s Van Service or not, and assess applicable charges accordingly.

j. Shipments that are undeliverable because they require Customized Transportation’s Van Service may be treated by us as though Customized Transportation’s Van Service was requested by the Shipper or Consignee, and assess applicable charges accordingly. Charges for these services will be assessed to the party responsible for the payment of transportation charges.

X. CUSTOMS CLEARANCE

a. All shipments which cross international borders must be cleared through Customs in the destination country prior to delivery to the Consignee. Customs clearance is the responsibility of the Shipper and/or Consignee, and arrangements can be made by Rush Freight Global upon request.

b. Except as provided in Subsection E below or where you specify a broker other than Rush Freight Global Customs Brokers, we will submit International Express shipments to Customs and other regulatory agencies for clearance in accordance with the then current Rush Freight Global Customs Brokers Terms and Conditions of Service and these Terms, and will advance duties and taxes on behalf of the Shipper and Consignee provided appropriate credit arrangements have been Made in advance. The Rush Freight Global Customs Brokers Terms and Conditions of Service are available upon request.

c. When shipments are held by Customs or other agencies due to incorrect or missing documentation, we will attempt first to notify the Consignee. If local law requires the correct information or documentation to be submitted by the Consignee and Consignee fails to do so within a reasonable time as we alone may determine, the shipment will be considered undeliverable.(See Section XXIX. SHIPMENTS SUBJECT TO DELAY).

d. If the Consignee fails to supply the required information or documentation and local law allows the Shipper to provide the same, we will attempt to notify the Shipper. If Shipper also fails to provide the information or documentation within a reasonable time as we alone may determine, the shipment will be considered undeliverable. (See Section XXIX. SHIPMENTS SUBJECT TO DELAY).
e. Shipments requiring documentation in addition to the International Air Waybill (e.g., a Commercial Invoice) may require additional transit time. Proper completion of necessary documentation and accurate commodity descriptions are the responsibility of the Shipper.

f. All non-document shipments to Anguilla, Antigua, Martinique, Montserrat, St. Kitts and Nevis, regardless of value, must be cleared through Customs by the Consignee. All non-document shipments to St. Vincent, Uruguay and Grenada valued over $50; to Argentina valued over $100; and to Brazil and Chile valued over $500, must be cleared through Customs by the Consignee. In these cases, Customs paperwork will be delivered to the Consignee. In this instance, delivery of paperwork constitutes shipment delivery.

g. U.S. Customs regulations require the IRS Employer Identification Number (EIN) or, if an individual, the Social Security Number (SSN) of the U.S. Consignee for certain shipments being imported into the United States. THIS INFORMATION MUST BE INCLUDED ON THE INTERNATIONAL AIR WAYBILL AND COMMERCIAL INVOICE ON ALL INBOUND SHIPMENTS. The EIN or SSN must be on file with the U.S. Customs Service. Any changes to a company name, address, or the EIN/SSN should be provided to Rush Freight Global for system updating. Shipments scheduled for delivery which do not have the correct EIN or SSN may be detained until that information can be obtained from the Consignee or otherwise determined, and Rush Freight Global shall have no liability arising therefrom whatso ever and however.This U.S. Customs Service requirement applies to shipments with a declared value for Customs of US $1,250 or more and for the following commodities regardless of value: textiles or textile products, leather or leather products, or goods that are restricted or controlled requiring a formal entry by the U.S. Customs Service.

XI. DANGEROUS GOODS

a. If the shipment contains Dangerous Goods, as hereafter defined, the Shipper shall have the responsibility to so state on the Air Waybill and, if required by applicable regulations, shall also submit a signed Shipper’s Declaration for Dangerous Goods.
b. Dangerous Goods means those commodities that are transported in accordance with the provisions set forth in one or more of the following:

Title 49 of the U.S. Code of Federal Regulations (”CFR”), revisions thereto or reissues thereof. The only Dangerous Goods we will accept under Title 49 CFR will be Consumer Commodities.
The ”Dangerous Goods Regulations” published by the International Air Transport Association (”IATA”), revisions thereto or reissues thereof.
The ”Technical Instructions for the Safe Transport of Dangerous Goods by Air” published by the International Civil Aviation Organization (”ICAO”), revisions thereto or reissues thereof.

c. We accept the following Dangerous Goods:

– ICAO/IATA HAZARD NAME AND CLASS NO. AMERICA INTL
– Explosives (1.1,1.2,1.3,1.4F,1.5,1.6) NO NO
– Explosives 1.4 YES YES
– Flammable Gas (2.1) YES YES
– Non-Flammable Gas (2.2) YES YES
– Poisonous Gas (2.3) NO NO
– Flammable Liquid (3) YES YES
– Flammable Solid (4.1) YES YES
– Spontaneously combustible (4.2) YES YES
– Dangerous When Wet (4.3) YES YES

Toxic Substances (Packing Group I and II) NO NO
– Toxic Substances (Packing Group III) YES YES
– Infectious Substance(6.2) NO NO
– Radioactive I, II, III (7) YES YES (IATA Only)
– Corrosive (8) YES YES
– Magnetized Material (9) YES YES
– Dry Ice (9) YES YES
– Diagnostic Specimens YES NO
– Oxidizers (5.1) YES YES
– Organic Peroxides (5.2) YES YES

d. For shipments moving between points in the United States, between points in the United States and Canada, and between points in Canada, shipments of Dangerous Goods are only accepted as Next Day Services service. An additional charge will be assessed in addition to all other applicable charges. (See Rush Freight Global Accessorial Guide for a listing of current charges).

e. From points in the United States and Canada, to International points, shipments of Dangerous Goods are only accepted as Standard Service. Shipments are rated at the applicable IATA rate plus the airline surcharge for each article having a description which differs from that of another article(s) carried in the same shipment, plus a Rush Freight Global surcharge. (See Rush Freight Global Accessorial Guide for a listing of current charges).

f. Between all other points not specified in Subsections D and E above, the charges for handling and transporting dangerous goods may vary. For shipments within the United States, or Canada, or between the United States and Canada please contact Rush Freight Global for charges. For other international shipments, contact the local Rush Freight Global office.
Dangerous Goods must not be included in the same shipment with non-dangerous goods.
Diagnostic specimens are only accepted when packaging meets IATA regulations. For shipments within the United States, or Canada, or between the United States and Canada please contact Rush Freight Global for additional information.

g. If the commodity being shipped is not Dangerous Goods but could be confused as such, the Shipper must place the words ”NOT RESTRICTED” on the Air Waybill to indicate that the Shipper has reviewed the shipment against the appropriate regulations.

h. Diagnostic specimens are only accepted when packaging meets IATA regulations. For shipments within the United States, or Canada, or between the United States and Canada please contact Rush Freight Global for additional information.

i. If the commodity being shipped is not Dangerous Goods but could be confused as such, the Shipper must place the words ”NOT RESTRICTED” on the Air Waybill to indicate that the Shipper has reviewed the shipment against the appropriate regulations.

XII. GUARANTEED and NON GUARANTEED SERVICE

a. Rush freight Global guarantees that shipments sent via Guaranteed Service will arrive within one (1) minute of the published delivery times in effect on the date of shipping as per our sub-contractor.
Availability of Guaranteed Service is subject to suspension or revocation by us without notice.

b. OUR SOLE LIABILITY FOR SERVICE FAILURE ON GUARANTEED SERVICE SHIPMENTS, INCLUDING, WITHOUT LIMITATION, OUR FAILURE TO MEET AN AGREED UPON DELIVERY DEADLINE, IS LIMITED TO A REFUND, CANCELLATION OR CREDIT (AT OUR OPTION) TO THE PAYOR, UPON PAYOR’S REQUEST, OF THE APPLICABLE FREIGHT CHARGES FOR SUCH GUARANTEED SERVICE SHIPMENT TO A MAXIMUM OF $100.00 CDN. WE SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

c. A refund, cancellation or credit will not be given if the service failure is caused, in whole or in part, by:

The act, default of omission of the Shipper, Consignee or any other party claiming an &in the shipment.
The nature of the shipment, defect, or inherent vice of the product.
Failure of the Shipper or Consignee to observe any term contained in this document, including but not limited to improper or insufficient packaging, securing, addressing or marking of any shipment, or the Shipper’s failure to follow any term related to shipments that are not acceptable for transport
Acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
Mechanical delay of aircraft or other equipment failures on all international shipments other than shipments between the continental United States and Canada.
Acts or omissions of any person inclusive of Rush Freight Global, including delivery instructions from the Shipper or Consignee that were complied with by us.
Compliance with laws, government regulations, orders or requirements, or any cause beyond our control.
Year 2000 software or hardware related failures or other related issues.

d. The following shipments are not eligible for Guaranteed Service:

Residential Deliveries.
Domestic shipments with origination or destination points in Alaska or Hawaii.
Shipments containing Dangerous Goods.
Shipments referenced in Section XXVII. SHIPMENTS NOT ACCEPTABLE.
Tradeshows, conventions, personal goods.

e. The following shipments MUST be sent via Guaranteed Service:

Live animals.
Perishable or Temperature Control Commodities.
Jewelry, furs and any item of extraordinary value.

XIII. LIABILITIES NOT ASSUMED

a. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES. Except for our failure to deliver in accordance with Section XII, Rush Freight Global, it’s directors and it’s employees will not be liable in any which way or for, however it may arise for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on international shipments, loss or damage, unless caused by our sole negligence. We will not be liable for any shipment irregardless of how it may arise and Rush Freight Global liabilities is limited to a maximum of $100.00 CDN

b. Without limiting the generality of Subsection A, RFG, it’s directors and employees shall not be liable in any which way or form for any misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay, loss or damage caused, in whole or in part, by:

The act, default or omission of the Shipper, Consignee or any other party claiming an interest in the shipment.
The nature of the shipment, defect, or inherent vice of the product.
Failure of the Shipper or Consignee to observe any requirements or obligations contained in these Terms, including, but not limited to, improper or insufficient packaging, securing, addressing or marking of any shipment or, the Shipper’s failure to follow any term related to shipments that are not acceptable for transport.
Acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of custom officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or ther labor disputes or disturbances, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, civil commotions or hazards incident to a state of war, other circumstances beyond our control, and, for all shipments other than domestic and specified international Guaranteed Service shipments (See Section XII.C.5 GUARANTEED SERVICE) mechanical delay of aircraft or other equipment failures.
Acts or omissions of any person including Rush Freight Global, including delivery instructions from the Shipper or Consignee that were complied with by us.
Compliance with laws, governmental regulations, orders or requirements, or any cause beyond our control.
Year 2000 software or hardware related failures or other related issues.
The following shipments are not eligible for Guaranteed Service:
- Residential Deliveries.Domestic shipments with origination or destination points in Alaska or Hawaii.Shipments containing Dangerous Goods.Shipments referenced in Section XXVII. SHIPMENTS NOT ACCEPTABLE.
- Tradeshows, conventions, personal goods.
The following shipments MUST be sent via Guaranteed Service:
- Live animals.
- Perishable or Temperature Control Commodities.
- Jewelry, furs and any item of extraordinary value.

XIII. LIABILITIES NOT ASSUMED

The act, default or omission of the Shipper, Consignee or any other party claiming an interest in the shipment.
The nature of the shipment, defect, or inherent vice of the product.
Failure of the Shipper or Consignee to observe any requirements or obligations contained in these Terms, including, but not limited to, improper or insufficient packaging, securing, addressing or marking of any shipment or, the Shipper’s failure to follow any term related to shipments that are not acceptable for transport.
Acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of custom officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or ther labor disputes or disturbances, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, civil commotions or hazards incident to a state of war, other circumstances beyond our control, and, for all shipments other than domestic and specified international Guaranteed Service shipments (See Section XII.C.5 GUARANTEED SERVICE) mechanical delay of aircraft or other equipment failures.
Acts or omissions of any person including Rush Freight Global, including delivery instructions from the Shipper or Consignee that were complied with by us.
Compliance with laws, governmental regulations, orders or requirements, or any cause beyond our control.
Year 2000 software or hardware related failures or other related issues.

c. EXCEPT FOR ELIGIBLE GUARANTEED SERVICE WITH GUARANTEED PRICING ACKNOWLEDGED IN WRITING AT THE SPECIAL RATE (SEE SECTION XII) SHIPMENTS, WE DO NOT GUARANTEE DELIVERY BY A SPECIFIC TIME OR DATE, AND WE SHALL NOT BE LIABLE FOR DELAY OR ANY OTHER FAILURE TO MEET AN AGREED UPON DELIVERY DEADLINE. There are no stopping places which are agreed at the time of tender of a shipment, and we reserve the right to route the shipment in any way, manner or mode we deem appropriate. IN NO EVENT SHALL Rush Freight Global, It’s directors and employees BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NON-DELIVERY, MISSED PICKUP, DELAY, LOSS OR DAMAGE. Our Maximum payout in any which way or form is $100.00 CDN.

d. Shipper and Consignee are responsible for and warrant their compliance with all applicable laws, rules and regulations, including, but not limited to, customs laws, import and export laws, and government regulations of any country to, from, through or over which its shipment may be carried. Shipper and/or Consignee agree to furnish such information and complete and attach to the Air Waybill such documents as are necessary to comply with such laws, rules and regulations. We assume no liability to Shipper, Consignee or any other person for any loss or expense due to Shipper’s and/or Consignee’s failure to comply with this provision.If Shipper does not complete all the documents required for carriage, or if the documents Shipper submits are not appropriate for the service or destination requested, Shipper hereby instructs us, where permitted by law, to complete, correct or replace the documents for Shipper at Shipper’s expense. However, we are not obligated to do so. If a substitute form of air waybill is needed to complete the receipt or delivery of the shipment, and we complete that document, the terms of the Air Waybill will govern. We are not liable to Shipper or any other person for our actions under this provision.

e. Our liability for damages, including but not limited to those damages arising from or related to misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay, loss or damage, shall in no event exceed that set forth in the Limitations of Liability.(see Section XVI) provisions contained herein.

XIV. LIABILITY FOR CHARGES AND INDEMNIFICATION

a. The Shipper and Consignee shall be liable, jointly and severally, for all unpaid charges payable on account of any shipment, including, but not limited to, transportation charges and all duties, customs assessments, governmental penalties and fines, taxes and our attorneys fees and legal costs related to the shipment, and such other sums advanced or disbursed by us on account of such shipment.

b. The Shipper and Consignee shall be liable, jointly and severally, to pay or indemnify, protect, defend and hold Rush Freight Global, It’s directors and It’s employees harmless from and against any and all claims, liabilities, fines, penalties, damages, costs or other sums (including attorneys’ fees and costs) that may be incurred, suffered or disbursed for any violation or breach of any of the terms contained herein or any other default of the Shipper, Consignee or such other party with respect to a shipment irregardless of however it may arise.

XV. LIENS ON SHIPMENTS

We shall have a lien on the shipment for all sums due and payable to us. In the event of non-payment of any sum payable to us, the shipment may be held by us and be subject to storage and/or disposed of at public or private sale, without notice to Shipper or Consignee and with no further liability to us, paying us out of the proceeds of such sale all sums due and payable to us, including storage charges. The Shipper and/or Consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.

XVI. LIMITATIONS OF LIABILITY

The limitations of liability and other provisions below reflect agreed upon risk allocation and service pricing considerations between Rush Freight Global and the Shipper and Consignee:

a. OUR LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NON-DELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE MAXIMUM OF $100.00 (CDN).

b. OUR LIABILITY FOR LOSS, DAMAGE AND DELAY ON INTERNATIONAL SHIPMENTS SHALL BE LIMITED TO $100.00 CDN. Rush Freight Global AND IT’S DIRECTORS AND EMPLOYEES ACCEPTS NO LIABILITIES BY SHIPPING THE FOLLOWING AND YOU FURTHER IDEMIFY Rush Freight Global AND IT’S DIRECTORS AGAINST ANY LIABILITIES

ARTWORKS AND OBJECTS OF ART, INCLUDING WITHOUT LIMITATION ORIGINAL PAINTINGS, DRAWINGS, ETCHINGS, WATER COLORS, TAPESTRIES OR SCULPTURE. SHIPPER MUST PACK THESE ITEMS IN ACCORDANCE WITH THE PACKING AND MARKING PROVISIONS CONTAINED HEREIN. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO A COMMODITY CONTAINING GLASS FACINGS WHEN DAMAGE TO THE COMMODITY IS CREATED BY THE BREAKAGE OF THE GLASS.
CLOCKS, WATCHES, JEWELRY (INCLUDING COSTUME JEWELRY), FURS AND FUR TRIMMED CLOTHING.
PERSONAL EFFECTS.
OTHER INHERENTLY FRAGILE OR UNIQUE ITEMS, INCLUDING PROTOTYPES, ETC.

c. OUR LIABILITY FOR DAMAGE TO DOMESTIC SHIPMENTS CONTAINING GLASS SHALL BE LIMITED TO $00.00 (CDN). SHIPMENTS OF GLASS WITH A DECLARED VALUE EXCEEDING $00.00 (CDN) WILL NOT BE ACCEPTED. IF INADVERTENTLY ACCEPTED, LIABILITY WILL BE LIMITED TO $00.00 (CDN). GLASS SHIPMENTS INCLUDE, BUT ARE NOT LIMITED TO, WINDSHIELDS, PLATE GLASS, CERAMICS, CHINAWARE AND LIGHT BULBS.

d. THE MAXIMUM DECLARED VALUE FOR ANY ENVELOP$10.00 (CDN).

e. THE MAXIMUM DECLARED VALUE FOR ANY LIVE ANIMAL SHIPMENT IS $0.00 (CDN).

f. ANY DECLARED VALUE IN EXCESS OF THE MAXIMUMS ALLOWED HEREIN IS NULL AND VOID, AND THE ACCEPTANCE BY US FOR CARRIAGE OF ANY SHIPMENT WITH A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF THESE MAXIMUMS.

g. WE SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

h. Shipper, Consignee and any other party with an interest in the shipment hereby waive any and all rights of subrogation, recovery, claim, action or cause of action, against us for any misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay, loss or damage to or arising from shipments hereunder, regardless of cause. Shipper, Consignee and any other party with an interest in the shipment (or anyone claiming by, through or on behalf of such parties) represent and warrant that their respective insurers have agreed to said waiver, and agree to hold harmless, protect, defend, and indemnify us against such insurers or other holders of interest for failing to secure said agreement.

i. Receipt of shipment by the Consignee or the Consignee’s agent without written notification of damage or loss on the delivery receipt and/or delivery manifest will be prima facie evidence that the shipment was delivered in good condition.

j. NONE OF OUR EMPLOYEES, OUR AGENTS, OR REPRESENTATIVES, OTHER THAN AN OFFICER OF RFG, MAY WAIVE OR ALTER ANY OF THE LIMITATIONS SET FORTH HEREIN.

XVII. NEXT BUSINESS DAY DEFINED

For shipments tendered to us on Monday through Thursday, the next business day is the following day, except for holidays. For shipments received on Friday, the next business day is Monday, except for holidays. For shipments received by RFG on Saturday, the next business day is Tuesday, except for holidays. If an earlier delivery date is requested, shipments are subject to advance arrangements.

XVIII. NOTICE AND DISPOSITION OF PROPERTY

a. When shipments arrive at destination, we will promptly notify the Consignee and/or the designated broker if we are not delivering them to the Consignee.

b. If at the expiration of free storage time provided in Section XXXIII. STORAGE a shipment containing non-perishable property is unclaimed or delivery cannot be accomplished, we will notify the Shipper and Consignee by mail or facsimile at the address shown on the Air Waybill. Upon written instructions from the Shipper, unless prohibited by local customs regulations or other regulations, we will return the shipment, forward or reconsign it, or otherwise dispose of it, at the Shipper’s expense, which expense may include without limitation substantial Dangerous Goods or Hazardous Waste disposal fees where applicable. If no instructions are received by us within 30 calendar days from the date of receipt of the shipment at destination, we will dispose of the shipment at public or private sale without further notice to the Shipper and Consignee and with no further liability to us.

c. If a Shipper or Consignee desires notification by collect telephone call, facsimile or telegram when a shipment containing perishable property is delayed, threatened with deterioration, unclaimed, or delivery cannot be effected, authorization and instructions for such notification, including the name, telephone number, facsimile number and/or address of the party to be notified, shall be given on the Air Waybill. If such authorization and instructions are not given, or if after reasonable attempt to comply therewith we do not promptly receive further instructions concerning the disposition of the shipment, we will take such steps as we deem appropriate in our sole discretion, including rerouting the shipment by other means of transportation or disposal of the shipment at public or private sale, without further notice to the Shipper or Consignee and with no further liability to us.

d. No sale or disposal pursuant to this provision shall discharge any liability of the Shipper and Consignee or lien to any greater extent than the proceeds thereof, less selling expenses, if any, and the Shipper and Consignee shall remain liable, jointly and severally, for anydeficiency.

XIX. PACKING AND MARKING REQUIREMENTS

a. Shipments must be prepared or packed by the Shipper or its agents, in accordance with the provisions of this Section and all legal requirements, to ensure safe transportation with ordinary care in handling.

b. Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels.

c. Any article susceptible to damage as a result of any condition which may be encountered in transportation-such as high vibration, high or low temperature variations, high or low atmospheric pressure variations-must be adequately protected by proper packing and any other necessary measures.

d. Shipments of Perishable Commodities:

U.S. and Canadian shipments must be packed to travel without spoilage for 72 hours from the time of pickup.
All international shipments must be packed to travel without spoilage for 24 hours beyond an agreed delivery deadline.
International shipments may be transported via RFG’s’s International Preferred or Standard Services using the most expeditious direct, back-to-back consolidation service as agreed to by RFG and the Shipper.
RFG reserves the right to periodically embargo regions of the world due to conditions that may cause damage to perishable commodities.

e. Each piece must be legibly and durably marked with the name and address, including correct ZIP code of the Shipper and Consignee. When a container is used repetitively by the Shipper, Shipper must remove all old labels, tags, markings, etc., and Shipper must ensure that the container retains adequate strength for transportation.

f. Pieces with a floor bearing weight in excess of 100 pounds (45.36 kilograms) per square foot must be provided with a skid or base which will reduce the floor bearing weight to 100 pounds (45.36 kilograms) or less per square foot. Such skid or base must be furnished by the Shipper and included in the gross weight of the piece.

g. Shipments with a declared value for carriage of $100.00 (USD) or more must be packed in outside containers with measurements of at least one cubic foot in volume or more.

h. Shipments of artwork, original paintings, drawings, etchings, water colors, and sculptures of any kind, must be packed in wood crates of at least 1/4 inch (.64 centimeters) thickness which completely surround the article being shipped and must be clearly marked as to the nature of the contents. The Shipper must not include glass facings in the same shipping container described herein. If a glass facing is included, we will not be responsible for any damage to the commodity therein.(See Section XVI, subsection J.)

i. Dangerous Goods must be packaged, marked and labeled by the Shipper in accordance with applicable regulations and these Terms.

j. Domestic shipments of perishables picked up on Friday must be destined to an NEXT DAY Service point, include a Saturday delivery request and will be subject to additional charges. International shipments of perishables are subject to advance arrangements.

XX. PAYMENT OF CHARGES

a. Rates and charges published herein are stated in United States OR Canadian currency and are payable in lawful money of the United States or such lawful money as RFG specifies.

b. All prepaid charges (i.e., shipment charges to be paid by the Shipper) are payable by check at the time we accept the shipment, and all collect charges (i.e., shipment charges to be paid by the Consignee), are payable by check at the time we deliver the shipment, except upon request by the Shipper or Consignee and upon proof of credit standing acceptable to us, credit will be extended for a period of 10 calendar days from the date of billing. Any payment which is past due shall be subject to an additional charge at the rate of 3-1/2% per month of the outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Cash will not be accepted by our employees as a form of payment.

XXI. PICKUP AND DELIVERY SERVICE

a. Pickup and/or delivery service will be provided during normal business hours Monday through Friday (except certain holidays).

b. Pickup and/or delivery service will not be provided to or from any address not directly accessible to vehicles or where it is impractical to operate a vehicle.

c. At buildings where our employees are not permitted access to floors above the ground floor:

We will pick up shipments only when tendered at the ground floor, and
We will deliver shipments to the person whose duty it is to receive property for the occupants of such buildings, which will constitute delivery to Consignee.

d. Loading and unloading incidental to pickup and delivery service will ordinarily be performed by one person. Pickup and delivery service will not be provided for pieces which cannot be handled by one person unless advance arrangements have been made, including, where necessary, the furnishing of additional people and equipment by the Shipper or Consignee. The Shipper and Consignee shall indemnify, protect, defend and hold us harmless from and against any and all claims, liabilities, fines, penalties, damages, costs or other sums (including attorneys’ fees and costs) related to personal injury (including death) or property damage arising from or related to the acts or omissions of the people or equipment furnished by Shipper or Consignee for the loading or unloading process.

e. When vehicles are held for loading or unloading in excess of 15 minutes, an additional charge will be assessed. Charges based on time will be computed by multiplying the hourly rate by the time involved. (See RFG’s Accessorial Guide for a listing of current charges).

f. If, at the customer’s request, a vehicle other than our own does the pickup or delivery within the pickup and delivery zones defined in our Service Guide, a handling fee will be assessed, and RFG shall have no liability for the shipment during such pickup or delivery. In addition, the trucker’s actual amount + a mark up will be re-billed to the payor of the shipment. (See RFG’s Accessorial Guide for a listing of current charges).

g. Any pickup or delivery requested and made after normal business hours on Monday-Friday or on a legal holiday or on Saturday or Sunday, will be subject to advance arrangements and additional charges. After hour delivery charges for Sunday and legal holidays apply until the start of normal business hours on the next business day.H. Saturday Pickup and Delivery Service (U.S. & Canada only):

All shipments requiring Saturday delivery must move in RFG’s Next Day Service. Saturday pick-up and delivery is not available for our Second Day Service or Deferred Service shipments.
Shipments requiring a Saturday pickup or delivery service will be assessed an additional charge, in addition to all other applicable charges.
Saturday pickup and delivery service is available for Next Day Service points within the continental United States only.
Saturday pickup service is available on request if advance arrangements are made with us. Shipments delivered on Saturday will be charged the applicable Next Day rate in addition to a Saturday delivery charge.
Shipments picked up on Friday will be scheduled to be delivered by 5 p.m. Saturday, if requested. Shipments picked up by us on Friday will be available at the destination Service Center for pickup on Saturday until 12 noon.
Saturday charges will apply regardless of whether the shipment is being delivered to or picked up from our Service Center. (See RFG’s Accessorial Guide for a listing of current charges).

h. Residential pickup or deliveries will be assessed an additional charge in addition to all other applicable charges. (See RFG’s Accessorial Guide for a listing of current charges).

i. Pickup or Delivery to or from a Convention or Tradeshow site will be assessed an additional charge in addition to all other applicable charges. (See RFG’s Accessorial Guide for a listing of current charges.)

XXII. PROOF OF DELIVERY

When requested by the Shipper or Consignee, we will furnish, as proof of delivery, a copy of the delivery record signed by the Consignee or designated agent. An additional charge per copy will be assessed for this service. (See RFG’s Accessorial Guide for a listing of current charges).

XXIII. RATES

The applicable rates and charges for services are those in effect on the date we receive the shipment. The following shipments will be charged NEXT DAY Rates and in addition will be assessed the surcharges below:

a. Live animals for medical laboratories (See Section XXVII. SHIPMENTS NOT ACCEPTABLE) – 100% surcharge.
Cut Flowers – 50% surcharge.

b. Furs- (See Section XXVII. SHIPMENTS NOT ACCEPTABLE) – 50% surcharge.

c. Neon signs – 75% surcharge.

d. Self-propelled surface vehicles – 100% surcharge.

XXIV. RE-DELIVERY SERVICE

A shipment which, through no fault of ours, cannot be delivered on the first tender of delivery to the Consignee, will be returned to our Service Center and the Consignee will be notified. Redelivery will be made only upon request of the Consignee. An additional charge will be assessed for re-delivery. (See RFG’s Accessorial Guide for a listing of current charges).mcorper mattis, pulvinar dapibus leo.

XXV. ROUTING AND RE-ROUTING

We will determine the routing, method and modes of transportation of all shipments. We reserve the right to route or re-route the shipment in any way we deem appropriate and to divert any shipment (including use of other carriers) for any purpose in order to facilitate delivery. Shipper and/or Consignee agree that there are no stopping places which are agreed at the time of the tender of the shipment, and that RFG may, without notice, substitute alternate carrier or aircraft, deviate from any route, or cause the shipment to be transported by any mode we deem appropriate. Shipper and Consignee expressly authorize RFG to subcontract part or all of the services, and these Terms incorporate by reference the terms and conditions of RFG’s contract with, and to the exclusion of, any such subcontractors. In the event of a conflict between these Terms and the terms and conditions of any subcontractor used by us, these Terms shall prevail.

XXVI. SHIPMENTS ACCEPTABLE

Shipments are acceptable for transportation only when the rules and regulations shown herein and all laws, ordinances, and other governmental rules and regulations governing the transportation thereof have been complied with by the Shipper and/or Consignee. We reserve the right to refuse any shipment for any reason at our sole discretion

XXVII. SHIPMENTS NOT ACCEPTABLE

The following shipments will not be acceptable for transportation by RFG:

a. Corpses or cremated or disinterred remains.

b. Live animals (including birds, fish, reptiles, or insects), except mice, rats, toads, frogs or leeches destined to or originating from medical laboratories within the United States or Canada.

c. Shipments of gold or other precious metals including but not limited to bronze, copper, gold or silver coins, coin collections, gems, and precious stones.

d. Postage, trading or revenue stamps, and stamp collections.

e. Money, currency, bonds, bills of exchange, deeds, promissory notes, negotiable securities and stock certificates, and other documents of inherent value.

f. Antiques.

g. Original manuscripts, electronic data or prototypes for which no other copy or replacement exists.

h. Stringed instruments including but not limited to violins, violas, cellos, bass violins, guitars, mandolins or banjos.

i. Uncrated, unwrapped or otherwise improperly packaged furniture or household goods.

j. Shipments consigned ”To Order of”, ”To Order Notify”, or other similar designations.

k. Shipments requiring special care or attention between origin and destination, other than as provided in Sections IX and XXXVI.

l. Shipments requiring a DOT or IATA toxic or poison label, as a primary or subsidiary risk.

m. Hazardous waste materials.

n. Shipments requiring a DOT or IATA Explosives 1.1, 1.2, 1.3, 1.4F, 1.5 or 1.6 label, ”Infectious Substance” label, or ”Etiologic Agent” label.

o. Shipments not accompanied by proper documentation required by a treaty, convention, statute or regulation applicable to such shipments.

p. Shipments of an inherent nature for which transportation could not be furnished without sustaining loss or damage, including but not limited to the following shipments if they have a glass facing included in the same shipping container: artwork, original paintings, drawings, etchings, water colors, and sculptures of any kind.

q. Shipments requiring a federal, state or local license for transportation, with which RFG elects not to comply.

r. Shipments which could cause damage to other shipments, equipment or crew, or the carriage of which is prohibited by law.

s. Shipments that are improperly packaged. Acceptance by us of any shipment shall not create a presumption that the shipment was properly packaged for carriage, and Shipper remains ultimately responsible to ensure proper packaging.

t. Nursery stock or plants.

u. COD (Cash On Delivery) shipments.

v. Fireworks.

w. Additional exclusions from Second Day or Deferred Service: Mice, rats, toads, frogs or leeches destined to or originating from medical laboratories within the United States or Canada, perishable items, jewelry, furs, firearms, any item of extraordinary value, or Dangerous Goods.

x. Additional exclusions from our International Express Service: Animals and plants, foodstuff, perishables, feed or other edible material intended for consumption by humans or animals, Dangerous Goods, drugs (prescription and non prescription), firearms, weaponry and parts thereof, ”in bond” shipments, cosmetics, gambling devices, liquor, tobacco, pornography, and other shipments which are prohibited by law.

y. Additional exclusions from our Guaranteed Service: Residential Deliveries, shipments with origination or destination points within Alaska or Hawaii, and shipments containing Dangerous Goods.

z. Lottery Tickets and other documents of inherent value.

XVIII. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENTS

The following will be accepted for carriage only upon advance arrangements, and only when such advance arrangements have been satisfactorily completed.

a. Shipments of live animals comprised of or containing mice, rats, toads, frogs and leeches destined to or originating at medical laboratories in the United States or Canada will be accepted for transportation subject to the following provisions and only when such animals are harmless, inoffensive, odorless, and require no attention in transit

Such shipments must be boxed or crated by the Shipper so as to prevent escape, ensure safe transportation with ordinary care in handling and assure protection to any person handling the shipment.
All laws, ordinances, or government rules and regulations governing the transportation of live animals must be complied with by the Shipper.
We assume no liability for the conduct or acts of the animals to themselves or to each other (such as biting, kicking, goring or smothering), nor for loss or damage arising from delay or from the condition of the animals themselves or any such condition resulting from the carriage, or which results from their nature or propensities.

b. Any shipments having a declared or insured value of $5,000.00 (USD) or more.

c. Shipments containing pieces measuring in excess of120 inches (304.80 centimeters) in length, 84 inches (213.36 centimeters) in width, 76 inches (193.04 centimeters) in height, or that are otherwise restricted by their height/contour/profile from fitting in our single, standard “A” container (as shown in Section VI).

d. Perishables such as fresh fruits, vegetables or other perishable foods or cut flowers.

e. Shipments requiring pickup or delivery of packages which cannot be handled by one individual.

f. Shipments of excessive weight or size.

g. Transportation Protective Services (“T.P.S.”) shipments (See Section XXXVI. TRANSPORTATION PROTECTIVE SERVICES (“T.P.S.”).

h. Shipments requiring special devices for safe handling.

i. Multi-piece or unusually sized Dangerous Goods.

j. Saturday pickups.

k. Next Flight Shipments.

l. Priority Service shipments.

m. Transportation’s Van Service shipments (See Section IX. CUSTOMIZED TRANSPORTATION’S VAN SERVICE).

XXIX. SHIPMENTS SUBJECT TO DELAY

The following conditions may delay delivery of the shipment to the Consignee:

a. If the dimensions of the shipment are too large for available aircraft. (As described in Section XXVIII.C.)

b. Shipments that are improperly or inadequately packaged, labeled, or marked or that lack proper documentation.

c. Shipments, tendered by a beyond carrier or by the Shipper, which do not enter our system in time to meet our departure times or critical processing requirements.

d. Shipments for which the Shipper has omitted or provided an incorrect Consignee address or ZIP code on the Air Waybill.

e. Shipments requiring government approvals, licenses, permits or processes prior to export.

f. Shipments difficult to handle, including oversized or unwieldy shipments.

g. Shipments where Shipper instructs us (either by instruction on the Air Waybill or marking or labeling on the shipment) to refrain from breaking down a palletized shipment.

h. Dangerous Goods.

i. Shipments requiring customs clearance and shipments subject to government agency requirements other than customs clearance, such as inspection of plant materials.

XXX. SHIPMENTS SUBJECT TO INSPECTION

We may, but shall not be obligated to, inspect any shipment. Cargo items tendered for air transportation may be subject to aviation security controls by air carriers, or other government regulations. Copies of all relevant shipping documents showing the Consignee, consignor, description and other relevant data will be retained on file until the shipment completes its air transportation.

XXXI. SHIPMENTS SUBJECT TO SPECIAL CONDITIONS

a. Shipments requiring special devices for safe handling will be accepted only when such special devices are provided and operated by and at the expense of the Shipper or Consignee.

b. Furs, Dangerous Goods, live animals, and items with a declared or insured value of $5,000.00 (USD) or greater, must not be included in the same shipment with any other article.

c. Alcoholic beverages must be shipped from a licensed dealer or distributor to another licensed dealer or distributor and will only be accepted on an airport to airport basis.

d. Firearms must be shipped from or consigned to a licensed manufacturer, licensed importer, licensed dealer or licensed collector who is not prohibited from such shipments by federal, state or local regulations.

NOTE:The Shipper is required to comply with all applicable government regulations, laws, etc., including regulatory compliance by the Consignee. The local Alcohol, Tobacco and Firearms (ATF) Divisional Office or local equivalent agency will supply the Shipper with needed assistance. Upon presenting the package for shipment, the Shipper is required to inform Emery personnel in writing that the package contains firearms or ammunition.

XXXII. SHIPPER’S INTEREST INSURANCE-INTERNATIONAL SHIPMENTS

We will arrange for Shipper’s Interest Insurance for any shipment from or to an international point if an amount of insurance is entered in the insurance section of the Shipper’s Letter of Instructions or the Air Waybill. We accept no responsibility or liability for, and the Shipper and Consignee waive, release and discharge RFG and its directors and employees from, Shipper’s or Consignee’s failure to comply with the terms and conditions of the Shipper’s Interest Insurance policy. Policy terms and conditions apply.

The insurance covers the shipment against all risks of physical loss or damage from most external causes. (See exclusions listed below.) Coverage begins when the Shipper’s Letter of Instructions or the Air Waybill is issued and the shipment has been delivered to us, our agent or forwarder, and continues until the shipment has been delivered to the final destination point named in the Air Waybill or the Shipper’s Letter of Instructions, or when the Consignee or Consignee’s agent has taken possession.

The amount of insurance requested (in whole dollars) should be equal to the value of the shipment (lesser of replacement cost or sales price) plus insurance, incurred duty and the freight charges, plus 10%. A premium per $100.00 (USD) of insurance requested will be charged and billed. (See RFG’s Accessorial Guide for a listing of current charges). Advance arrangements must be made for requested insurance greater than $5,000 (USD) (see Section XXVIII. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENTS), and in no event shall the amount of insurance requested exceed $100,000 (USD). Any amount of insurance requested in excess of the maximum allowed herein is null and void, and the acceptance by us for carriage of any shipment with an insurance amount in excess of the allowed maximum does not constitute a waiver of this maximum.

All claims must be made in accordance with Section VIII.D. EXCLUSIONS: Loss or damage caused by or resulting from delay, deterioration, loss of market, nuclear reaction, radiation, radioactive contamination or improper packaging is not covered under this policy.

XXXIII. STORAGE

a. Shipments will be held by us at destination without charge for three (3) calendar days (excluding Saturdays, Sundays, and Legal Holidays), computed from the first 8:00 a.m. following notification to the Consignee of the arrival of the shipment. Storage charges will not be assessed on shipments lacking proper documentation when advance arrangements have been made with us in writing by the Shipper or the Shipper’s agent.

b. After the expiration of such free time, we will continue to hold such shipments for the Shipper and Consignee, subject to an additional charge per shipment per calendar week or prorated portion thereof. If such continued holding is not practical, we will place the shipment in a public warehouse at the expense of the Shipper and Consignee, subject to a lien against the Shipper and Consignee for all transportation, storage, delivery, warehousing, and other charges, including additional handling charges. (See RFG’s Accessorial Guide for a listing of current charges).

c. When the shipment is held by us after the expiration date of such free time while awaiting delivery instructions, our liability for the shipment shall terminate.

d. Except as otherwise agreed in writing, shipments will be held for a period of time not to exceed thirty (10) calendar days from the first 8:00 a.m. following the receipt of the shipment. At the expiration of thirty (10) calendar days, we will return the shipment or part of the shipment to the Shipper at the Shipper’s expense, subject to a lien for all charges applicable to the shipment or part thereof, or we will dispose of the shipment in accordance with Section XVIII. NOTICE AND DISPOSITION OF PROPERTY, Subsection B, if it is not feasible to return it to the Shipper.

e. Our lien rights shall apply to all shipments which are stored pursuant to these Terms.

f. Calendar week means a period of seven (7) successive calendar days, including Saturdays, Sundays, and legal holidays.

XXXIV. SURCHARGE

If unforeseen economic conditions (including, but not limited to, fuel price increases, regulatory changes, etc.) change RFG’s cost providing services, RFG reserves the right to increase its rates and charges or impose applicable surcharges to cover such increased costs without notice. Any such surcharge will be applied in an equitable manner to all shipments having similar characteristics and will be applied for such periods as we may determine necessary.

XXXV. TARIFF COPYING CHARGES

We will furnish copies of tariff pages on request. A service charge will be assessed for each copy/page furnished. (See RFG’s Accessorial Guide for a listing of current charges).

FINAL NOTICE:ON YOUR FIRST SHIPMENT WITH RFG YOU IMMEDIATELY AGREE TO OUR TERMS AND CONDITIONS AND YOU IDEMIFY AND HOLD HARMLESS RFG LOGISTICS AND IT’S DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITIES, WHETHER THEY ARISE IN CONTRACT OR ANY OTHER FORM OF CIVIL ACTION, INCLUDING NEGLIGENCE: CONSEQUENTIAL OR SPECIAL DAMAGES OF LOSS, OTHER INDIRECT LOSS, BREACH OF OTHER CONTRACTS, LOSS INCOME, PROFITS,INTERESTS, MARKETS AND USE OF CONTENTS. ALL LIABILITIES, IRREGARDLESS OF HOW IT MAY ARISE ARE SUBJECT TO A MAXIMUM OF $100.00 CDN