Accessorial Services and Related Charges
INLAND TRANSPORTATION: SCHEDULE OF ACCESSORIAL SERVICES AND RELATED CHARGES
Effective Date: 05-21-2009
The rates and/or charges to be applied for Inland transportation and services performed pursuant to the 3PL Contract for Carrier Services or Horizon Logistics Carrier Rate Confirmation shall be subject to the following charges, unless otherwise agreed for a specific shipment(s):
ACCESSORIAL SERVICES
1. Detention of Tractor with Trailer or Container. For use of Carrier tractor with trailer or container for loading or unloading (regardless of whether trailer or container is provided by Carrier), Carrier shall allow, without charge, 2 hours to complete such loading or unloading and release the equipment. If the consignee or consignor exceeds the 2 hour free time period, then Carrier may assess a detention charge not to exceed $75.00 per hour for each hour or fraction thereof in excess of the free time period subject to the following: (a) Carrier must notify 3PL when detention occurs; but no later than the following business day, (b) Carrier must receive written confirmation validating actual detention time, (c) Carrier must validate in the event of an appointment that equipment was in position and available for loading or unloading at the time designated, and (d) Carrier must submit written confirmation of detention and related expense within 3 business days of the occurrence.
2. Detention of Carrier Trailer or Container without Tractor. For use of Carrier-provided trailer or Carrier-provided container without a tractor for loading or unloading, Carrier shall allow a 1 day free time period, beyond which Carrier may assess a per diem equipment-use charge not to exceed $50.00 per day (24 hours) for each day or fraction thereof in excess of free time. When computing the free time allowance, Saturdays, Sundays and holidays will be considered additional free days unless they occur after the first chargeable day, in which case such Saturday, Sunday and holiday will be subject to the daily charge.
3. Third Party Loading or Unloading. If loading or unloading requires the use of a lumper (third-party loader or unloader), then 3PL will be responsible for the payment of the lumper’s charges actually billed to Carrier subject to a minimum charge of $75.00; provided however that 3PL shall not be responsible for the payment of any amount in excess of an amount equal to $0.45 per hundredweight for the freight handled.
4. Driver Labor. If Carrier’s driver provides labor (other than operating the motor vehicle), including loading, unloading, counting, sorting or stacking or assistance with such activities or similar services, then Carrier may assess a charge not to exceed $75.00 per hour or fraction thereof for such service. Carrier’s drivers shall only perform loading and unloading to the extent it can be safely performed without mechanical assistance and in compliance with applicable laws, regulations, or rules.
5. Equipment Ordered and Not Used. If 3PL requests an empty trailer or container be made available and cancels its request or otherwise returns the trailer or container empty to Carrier, then Carrier may assess the applicable linehaul compensation from the last destination to the original designated pick-up location. Under these circumstances, no free time shall apply.
6. Determination of Detention Period. For purposes of determining the number of hours and/or days that a tractor, trailer, container, or operator is detained for loading or unloading, Carrier may use, in its reasonable discretion, any reliable method of determining the date and time that the tractor, trailer, container, or operator is offered for loading or unloading including, without limitation, a signed bill of lading or delivery receipt, Carrier records, Qualcomm report, satellite communication, or on-board tracking device, subject to approval by 3PL in its reasonable discretion. For purposes of determining the number of days that a unit of equipment is detained, a “day” begins at 12:01 a.m.
7. Hazardous Materials: When Carrier agrees to transport a shipment tendered by 3PL, which is comprised in whole, or in part of hazardous materials under 49 U.S.C. § 5101-5128 and the hazardous materials regulations at 49 C.F.R. § 107 and 171-180, Carrier may assess a service charge not to exceed $50.00 per shipment.
8. In-Transit Stop-Off / Drop Charges. Extra stops are charged at the following rates: $50.00 – 1st stop, $75.00 – 2nd stop, and $150.00 for each additional stop thereafter, plus any applicable linehaul transportation charges. In any such instance, the consignor shall be responsible for packaging, loading, blocking and bracing each partial load within the equipment so that safe transit can be achieved to the next stop.
9. Mileage Determination: Mileage is to be determined by the current version of the Household Goods Mileage Guide, Rand McNally Milemaker “Practical Miles”.
10. Reconsignment. Carrier shall use best efforts to comply with any request by 3PL to reconsign a shipment while it is in-transit. Upon such request, Carrier shall promptly furnish to 3PL an estimate of the total compensation due for the reconsignment, including charges for accessorial services, if any, so that 3PL may transmit such information to its customer. 3PL shall promptly confirm the reconsignment request, or instruct Carrier to proceed with delivery to the original destination. When a shipment is reconsigned, Carrier shall be entitled to compensation for (i) the linehaul movement from the origin to the location where the shipment was reconsigned, and (ii) from that location to the new destination(s). Carrier may assess a service charge not to exceed $125.00 per shipment.
11. Redelivery Charges. If a delivery cannot be accomplished through no fault of the Carrier, then Carrier shall promptly contact 3PL and request instructions as to redelivery. If redelivery is made, then Carrier may assess a redelivery charge based on the rate of $1.50 per mile applied to the distance from the failed delivery location to the nearest available terminal or driver’s domicile, and return to the original delivery location; provided that the minimum redelivery charge per shipment shall be $125.00.
12. Miscellaneous. If Carrier anticipates providing accessorial services for compensation in connection with its performance of this Contract, other than those set forth above, then it shall contact 3PL to obtain advance written authorization for such services and corresponding charges. Absent such authorization, 3PL and/or its customer shall have no liability or other responsibility in connection with such services or charges.
FUEL SURCHARGE – PAD DISTRICTS (PADD) AND SUB-DISTRICTS (PERCENTAGE)
Each Monday at 5:00 PM Eastern Time, the U.S. On-Highway Regional Diesel Fuel Prices are updated and can be obtained by calling the “Energy Information Administration” Hotline at (202) 586-6966 or viewing the website http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp. The Regional Diesel Fuel Price for PAD Districts (PADD) and Sub-districts will be used to determine the fuel surcharge percentage (below), which shall be applied prospectively (i.e., the subsequent week) to all shipments effective 0001 hours Monday through 2400 hours Sunday, until the next weekly update.
In order to derive the fuel surcharge, Carrier should first determine its compensation in accordance with established net line haul pricing; then Carrier should multiply that amount by the applicable percentage to derive the amount of the surcharge. (This calculation should exclude charges for accessorial services.) In computing the surcharge, a fraction of less than one-half cent will be dropped, and a fraction of one-half cent or more will be increased to the next whole cent. The fuel surcharge per shipment shall be shown as a separate item on Carrier’s invoice.
When the Regional price of diesel fuel exceeds $5.65 per gallon, extrapolate based on the above table, such that the percentage shall be increased by 1.00% for each ten cent ($.10) increase in the price per gallon. For example, if the Regional Diesel Fuel Price is in the range from $5.65 through $5.74 per gallon, then the applicable Fuel Surcharge percentage is 46.00%.