1. Outlining Responsibilities of the Shipper & Same Day Delivery(SDD)

1. Unless otherwise provided, when provisions of this tariff conflict with those published in individual contracts and/or tariffs such contracts and/or tariffs, to the extent of their application, will apply. 2. Reissued tariffs, items or parts of items will cancel previously issued tariffs, items or parts of items or publications referenced thereto. 3. Unless otherwise provided, when provisions of this tariff conflict with those published in the governing publications this tariff will apply. 4. When this tariff provides for the application of charges SDD will maintain records to verify the charges and so document on any billing or invoicing to the payer. 5. Unless otherwise provided, charges for services shown herein will be borne by the party requesting the service or guaranteed to the satisfaction of SDD before services will be provided. 6. Unless otherwise provided, charges for services shown herein will apply in addition to all other applicable charges. 7. Unless otherwise provided, requests for changes to a Bill of Lading must be in writing from the responsible party(s). 8. Driver’s signature on the Bill of Lading only acknowledges receipt of the freight, any special requests or valuation more than those found within this tariff must be agreed to by SDD management in advance of the shipment being picked up. 9. The pick up location must sign Bill of Lading acknowledging the Terms & Conditions.

  1. Bills of Lading, Freight Bills, & Statements of Charges

Transportation of shipments handled by SDD is governed by the Terms & Conditions. No deviation from these Terms and Conditions will apply regarding shipments handled by SDD except upon written agreement signed by an officer of SDD. Terms and conditions of pre-printed Bills of Lading tendered to SDD by Shipper at time of shipment and signed by SDD’s driver or dock worker will not apply except upon written agreement of an officer of SDD. The Bill of Lading shall be signed in full (not initialed) by the Shipper and/or consignor as an acceptance of all terms and conditions contained therein. At the option of SDD a waybill may be prepared by SDD and the waybill shall bear the same number, or other positive means of identification, as the original Bill of Lading. Under no circumstances shall the waybill replace the original Bill of Lading.

  1. Definition of Package

The term package as used in this item means any primary shipping package authorized by the provisions of individual tariffs or classification items. When a number of packages have been unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or have been over packed in an additional complying package, SDD’s liability will be determined by separately multiplying the weight of each individual package lost or damaged computed on $2.00 per pound (up to $1,000) and not on the basis of the weight of the total number of packages unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or over packed in an additional complying package.

  1. SDD limitations of Liability

On shipments having prior or subsequent transit by air or water, and said shipments are tendered to SDD by a freight forwarder, SDD’s maximum liability shall be no more than maximum of $1,000. The provisions of this rule shall supersede any valuations, actual or released, provided on the Bill of Lading or waybill. In the event of a conflict between this provision and any other provision in SDD’s rules tariff the provision which has the lower limitation shall apply. SDD assumes no liability of deterioration of perishable products or on account of delays due to weather conditions and or acts of God beyond SDD’s control. SDD shall not be liable for loss, damage, or delay to any of the goods described in the Bill of Lading caused by an Act of God, or public enemies, riots, strikes, a defect, or inherent vice in the goods, the act or default of the consignor, owner or consignee authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage. An Act of God is defined as an abnormal or unusual event which is strictly natural in origin with no human assistance or influence, including but not limited to tornadoes, earthquakes, floods, and other catastrophic events of nature. SDD is not bound to transport the goods by any vehicle or in time for any particular market or otherwise than with due dispatch unless by agreement specifically endorsed by an authorized manager of SDD in writing prior to the pickup of the shipment. Subject to reasonable requests, SDD agrees to accept, transport, and deliver with reasonable dispatch such merchandise as customer may tender to SDD for transportation. However, SDD shall not be responsible for any damages, direct, indirect or consequential, which are the result of delay in delivery. Where goods are stopped and held in transit at the request of the party entitled to do so, the goods are held at the risk of that party.

  1. Valuation

Subject to the maximum liability clause, the amount of any loss or damage for which the carrier is liable, whether the loss of damage results from negligence, shall be computed on the cases of; a) the value of the goods at the place and time of shipment including the freight and other charges if paid, or b) where a value lower than that has been represented in writing by the consignor or has been agreed upon, such lower value shall be the maximum liability.

  1. Notice of Claim

All claims for loss, damage or delay must be filed within sixty (30) days of the date of delivery or in the case of non-delivery, within nine (3) months. The period for bringing a civil action against SDD will be two (2) years from the date SDD gives a person written notice that SDD has disallowed any part of the claim specified in the notice. 2. Claims not filed within the nine (9) months statute of limitations will be declined. 3. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of SDD from the charges owed to SDD unless authorized in writing by SDD.

  1. Freight Charges

a) If required by SDD the freight and all other lawful charges accruing on the goods shall be paid before delivery, and if upon inspection it is ascertained that the goods shipped are not those described in the Bill of Lading, the freight charges must be paid upon the goods shipped with any additional charges lawfully payable thereon. b) Should consignor fail to indicate that a shipment is to ship prepaid, or fail to indicate how the shipment is to ship, it will automatically ship on a collect basis.

  1. Hazardous Materials

SDD does not provided services for Hazardous materials.

  1. Undelivered Goods

a) If through no fault of SDD the goods cannot be delivered, SDD shall immediately give notice to the consignor and consignee that delivery has not been made and shall request disposal instructions. b) Pending receipt of such disposal instructions the goods may be stored in the warehouse of SDD subject to a reasonable charge for storage. c) If SDD has no disposal instructions within 10 (ten) days from the date of such notice, SDD may return to the consignor at the consignor’s expense, all undelivered shipments for which such notice has been given.

  1. Returned Checks

Checks received in payment of freight charges which are returned to SDD by a bank because of insufficient funds or any other reason not the fault of SDD will be subject to a charge of $50.00 plus any service fee assessed by SDD’s bank. This charge will be in addition to all other applicable charges.

  1. Extension of Credit

SDD may extend credit to shipper in which case payment will be due upon receipt of the invoice. Freight bills may be presented by mail. Unless otherwise agreed SDD will send invoices by mail. When the mail service is so used, the time of mailing by SDD shall be deemed to be the time of presentation of the bills unless other terms are agreed to in a contract. In a case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. SDD and the shipper or consignee or designated payment agent may enter into a separate agreement for SDD to transmit invoices electronically via electronic data interchange. Application for credit with SDD regarding payment of freight bills shall be in writing to the party requesting said credit and approved by an authorized representative of SDD.

  1. Third Party Collection of Charges

When a party other than the consignor or consignee as shown on the Bill of Lading and shipping order is responsible for paying the freight charges such party’s name and address must be clearly shown in the body of the Bill of Lading and shipping order at the time of original tender. Shipments subject to the provisions of this item will be accepted only when the consignor has established credit with SDD and guarantees to pay all lawfully accrued charges if the third party fails to do so.

  1. Terms of Payment

1. The Bill of Lading constitutes the contract of carriage between SDD and the shipper pertaining to the payer of the charges for the shipment and as to the commodities and weight being shipped. The signed Bill of Lading or shipping order received by SDD at time of pick up must specify the terms of shipping and payment of freight charges. 2. The shipper and consignee are jointly responsible for payment of all freight charges. If one defaults for whatever reason the other party will be held liable. 3. SDD is not obligated to accept corrected Bills of Lading or letters authorizing a charge pertaining to payment of freight charges after commencement of carriage. 8. The charges for collecting and remitting the requested amount for COD shipments will be collected from the party responsible for the freight charges.

  1. Uncollectible Charges

SDD at its discretion may take possession of goods being shipped as a specific lien, retaining possession of the shipment until payment has been made for such shipment, or as a general lien retaining shipments in its possession until full payment of any customer debt whether the debt was incurred with respect to those shipments or past shipments. After taking possession SDD will provide the customer fifteen (15) days’ notice of its intention to dispose of the merchandise unless payment is received in full. Proceeds from such disposal will be applied toward satisfying the outstanding debt. In the event of a shortfall, the customer will be held liable for any remaining balance outstanding.