LOSS AND DAMAGE CLAIMS

• Carrier incorporates by reference the provisions of 49 C. F. R. 1005 as the minimum requirements for presentation and investigation of claims for loss and damage to freight and disposition of salvage. The presentation and handling of claims and salvage are also subject to the terms of the bill of lading (shipper's order) and other provisions of this tariff. See also Item 1000.
• PITT OHIO EXPRESS will not pay administrative costs or fees, or interest charges, regardless of the amount, associated with the processing of loss or damage claims.
• PITT OHIO EXPRESS will not pay labor charges over $25.00 per hour.
• Tanks, totes, drums, pails and containers of any kind are accepted in apparent good order and with the assumption that the valves, bungs, lids, etc. are sealed and secure. Should these open or become loose during transit, the total loss incurred will be assumed by the shipper.
• In the event Carrier is responsible for the clean up costs involved with a hazardous material incident or a non-hazardous material incident, Shipper agrees to reimburse Carrier for all said costs if Shipper is negligent. Negligence on the part of Shipper will relate to, but will not be limited to, package failure (when tanks, totes, drums, pails and containers of any kind fail in transit) and seal failures (when valves, bungs, lids, etc. are not secured). At the time of pick up, freight is accepted in apparent good order and with the assumption that all packaging (tanks, totes, drums, pails and containers of any kind) and seals (valves, bungs, lids, etc.) are in compliance with the packaging specifications in the current National Motor Freight Classification Guide and the current Department of Transportation Hazardous Material Regulations. In the event negligence remains undetermined or is unclear, even after sufficient facts and documentation have been reviewed by both parties, Shipper and Carrier agree to equally split the clean up costs involved with the hazardous material incident or non-hazardous material incident. Either party shall have 30 days to remit payment for the clean up costs after determination has been made that both parties will be responsible for payment.

1. Rates named in carrier's class, mileage, discount, exceptions and commodity tariffs, and contract agreements, are subject to the provisions of this item for liability for loss or damage sustained in transit or the care, custody or control of carrier.
2. Commodities that are subject to a released valuation or actual value in the governing classification must be so designated on the bills of lading or shipping order at the time of shipment. If the released valuation or actual value is not shown, and the shipment is inadvertently accepted, charges will be assessed on the basis of the classification rating applicable to the lowest released value or actual value provided in the classification.
3. Claims for loss or damage may not be presented for an amount greater than the lowest released valuation named for the commodity in question in the governing classification or the valuation declared on the bill of lading (shipper's order), whichever is lower.
4. Failure to correctly describe any article shall not alter the provisions of this item.
5. Where the governing classification provides for rates based upon a released valuation on articles and commodities, carrier's liability shall be limited to the value shown in the governing classification, provided that in no case shall carrier be liable for an amount higher than the actual value of the good shipped at the time tendered for transportation.
6. In the event of loss or damage to any shipment, carrier's maximum liability for loss or damage shall not exceed $5.00 per pound for the actual weight of the damaged or lost portion of the shipment, subject to a maximum liability of $100,000 per shipment, and $250,000 per incident and in no instance shall liability be greater than the actual value of lost or damaged articles less salvage.
7. In the event of loss or damage to any shipment subject to pricing based on a rate per pallet (example: $50.00 per pallet), carrier's maximum liability for loss or damage shall not exceed $2.00 per pound for the actual weight of the damaged or lost portion of the shipment, subject to a maximum liability of $20,000 per shipment, and $50,000 per incident and in no instance shall the liability be greater than the actual value of lost or damaged articles less salvage.
8. In the event of loss or damage to any shipment interlined with an approved carrier partner destined to or originating from Canada will be subject to a maximum liability of CDN $2.00 (Two Canadian Dollars) per pound for the actual weight of the damaged or lost portion of the shipment, subject to a maximum liability of $100,000 per shipment, and $250,000 per incident and no instance shall liability be greater than the actual value of lost or damaged articles less salvage.
9. Articles tendered with an invoice value exceeding $5.00 per pound per package will be considered to be of extraordinary value. These articles will not be accepted for transportation unless the shipper requests excess liability coverage.
10. Articles inadvertently accepted with an invoice value exceeding $5.00 per pound per package, but without excess coverage, will be considered to have been released by the shipper at $5.00 per pound per package or the release value published by the National Motor Freight Classification, whichever is lower.
11. All freight must conform to NMFC standards for packaging and labeling. In the event it is determined that packaging and labeling of freight is not in accordance with NMFC standards and the loss or damage claim resulted from poor labeling or packaging, and such freight is inadvertently accepted by our driver, PITT OHIO will not be responsible for the loss or damage claim for said shipment.
12. Pitt Ohio will consider 1/3 payment on concealed damages if we receive notice of that damage within 48 hours of delivery. Packaging must be retained for investigation and inspection.
13. When Freight All Kinds (FAK) class or an exception class rating is provided in any tariff or contract governed by the provisions of this tariff for a commodity that has available declared or released value provisions in the NMFC to obtain a lower class, the commodities are released to the lowest declared or released value provided in the NMFC regardless of the shipment weight or whether rated truckload, LTL, minimum charge, or absolute minimum charge.
14. Liability for loss, damage or destruction of property bought over the Internet from companies including but not limited to eBay, Amazon and other, including individuals, which is not new merchandise, will be subject to a maximum liability of $0.10 per pound where carrier liability is established.
15. In the event a "Protect from Freezing" or "Heat Track" shipment freezes, Pitt Ohio will pay freezable claims up to $5.00 per pound.
16. The failure of the consignee to allow a driver / carrier employee to be physically present at the back of the trailer to verify the piece count and condition of the shipment being received will cause claim(s) filed for loss, shortage, and damage to be denied without recourse.

1. Additional coverage insurance for high value shipments originating in the Unites States exceeding the released value of $5.00 per pound per package or article, or shipments originating from or destined to Canada exceeding CDN $2.00 per pound per package or article, the following charges will apply: Pitt Ohio Express will assess the additional charges shown below per each $100.00 in excess of the initial maximum liability ($5.00 or CDN $2.00 per pound), subject to a minimum charge of $25.00. Such charge is in addition to the lawful freight charges otherwise accuring to the shipment. Charges are to be paid by the party responsible for payment of the otherwise applicable freight charge. No discount will apply to this charge. The shipper must indicate in writing , on the Bill of Lading and Shipping Order at time of shipment the total dollar amount of excess coverage requested (See example).

   EXAMPLE: Customers requesting $10,000 coverage would enter on the bill of lading as follows:
   INSURANCE REQUESTED IN THE AMOUNT OF $10,000.
   QUOTE # ________________.

   When the class as provided in the NMFC is:	The additional insurance premium per $100.00 will apply:
   CLASS 50 and 55	$1.00 per $100.00
   CLASS 60 and 65	$1.50 per $100.00
   CLASS 70, 77.5 and 85	$2.00 per $100.00
   CLASS 92.5, 100 and 110	$2.50 per $100.00
   CLASS 125 and 150	$3.00 per $100.00
   CLASS 175 and 200	$3.50 per $100.00
   CLASS 250, 300, 400 and 500	$4.00 per $100.00

2. The term package used in this item means any primary shipping package authorized by the provisions of individual publications or classification items. When a number of packages have been unitized, strapped or fastened together on pallets, platforms skids or have been over-packed in additional complying packages, PITT OHIO’s liability will be determined by separately multiplying the weight of each individual package lost or damaged "times" $5.00 and not on the basis of the weight of the total number of packages.
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3. Articles tendered with an invoice value stated on the bill of lading at time of shipment exceeding the actual or released value of the article(s) tendered as provided in the NMFC 100 (and successive issues and revisions thereto) classification will not qualify for excess liability coverage.
4. Additional coverage cannot be applied to any commodity listed in the NMFC with a capped or closed end value that specifically limits the maximum value available. Examples of this are: data processing machines NMFC item 116030 and semi conductors NMFC item 63025.
5. PITT OHIO reserves the right to review and apply an additional surcharge for shipments on a case by case basis when such shipments are considered to be of extraordinary value. The additional surcharge will be in addition to the cost for additional insurance and all other charges incurred on the bill for services rendered, including but not limited to assessorial charges and fuel surcharges.

• Class rates, exceptions rates, commodity rates (including rates on property, N.O.I., or Freight All Kinds), and rate discount or allowance provisions named in carrier's tariffs apply only in conjunction with shipments which are properly prepared for shipment, including all requirements of the governing classification. Where any article is tendered for shipment uncrated, unboxed, unwrapped, not palletized, or otherwise not secured within a container or covering in a fashion to prevent loss or damage in transit, such article is accepted subject to the released valuation provisions of this Item, and the rate shall be determined as 300 percent (300%) of the Class 100 rate or minimum charge named from the same origin and destination. The rate shall not be subject to any percentage discount or allowance provision.
• In connection with articles named above which are accepted for shipment, rates are subject to consignor's release of said articles to a value not exceeding $0.10 cents per pound, subject to a maximum value of $15.00 per shipment. Carrier's liability for loss or damage shall be limited to an amount not exceeding the released valuation named in this paragraph and in no instance greater than the actual value of the article.
• Any consignor or other responsible party desiring to tender an article, including refused or returned shipments, which is uncrated, unboxed, unwrapped, not palletized, or otherwise not secured within a container or covering in a fashion to prevent loss or damage in transit, shall enter on the bill of lading (shipper's order) a released valuation as provided for in paragraph (b) but in no instance a valuation greater than the actual value. Carrier may issue a corrected bill of lading at any time in the event consignor or other responsible party fails to comply with the requirements of this Item. The corrected bill of lading shall govern the transportation services provided as if it had originally been issued at the time the article was tendered.
• Uncrated, unboxed, unwrapped, unpalletized articles, and articles otherwise not secured within a container or covering in a fashion to prevent loss or damage in transit, which are not tendered pursuant to the released valuation provisions named in this Item, are accepted for transportation at owner's risk for loss or damage attributable to the absence of protection.
• Drivers accept freight in apparent good order and are not in anyway agreeing that freight meets the packaging requirements of the NMFC packaging standards.

1. Shipments of the following commodities that are used, repaired or reconditioned, etc. will be accepted for transportation only when the consignor releases the shipment subject to a value not exceeding $.50 per pound:
   

   NMFC Items 17800 through 20140 (Automobile Parts)
   NMFC Items 60500 through 73540 (Electrical Equipment or Parts)
   NMFC Items 114000 through 133475 (Machinery or Parts)

2. The released value must be entered on the shipping order or bill of lading as follows: "The agreed or declared value of the properly is hereby specifically stated by the shipper to be not exceeding $.50 per pound."
3. If the consignor declines or fails to declare the value or agree to a released value, the shipment may not be accepted. If inadvertently accepted, the shipment will be considered as being released to a value of $.50 per pound.

1. PITT OHIO is not obligated to receive freight liable to damage other freight or our equipment. Such freight may be accepted and receipted as "subject to delay for suitable equipment" or may be refused for lack of suitable equipment.

1. Cigarettes: PITT OHIO's limitation of liability for cigarettes will be $20.00 per thousand lost or damaged cigarettes with a maximum of $250,000.00 per single trailer unit (consisting of a single shipment or multiple shipments) per occurrence.
2. Carpets, Carpeting or Remnants: Commodities described in Note A below will be released to a property value not exceeding one-third (1/3) of the full value of the property when a concealed damage claim is received by Carrier. Maximum full value Carrier liability will not exceed $23.00 per square yard. Number of square yards must be shown on the bill of lading at the time of pick up. If not shown on the bill of lading; vinyl and carpet weight divided by 4.5 (lbs per square yard), carpet samples weight divided by 4 (lbs. per square yard).
      Note A: NMFC Item 70600, 70660, 70670, 70680, 70682, 70700, 70915
3. Incandescent, fluorescent or any other type of lighting tube or bulb: Shipments of incandescent, fluorescent or any other type of lighting tube or bulb will be accepted for transportation only when the consignor releases the value of the property to a value not exceeding $0.10 per pound.

The following will not be transported by Carrier:

1. All shipments tendered to carrier with improper, inadequate, or insufficient packaging.
2. All shipments containing articles which because of their bulk, length, width, or height cannot, in carrier's judgement, be safely stowed within a trailer or container.
3. All shipments which contain articles requiring protection from heat and cold, unless service is provided subject to the terms of Item 810.
4. All shipments which contain articles liable to impregnate or otherwise damage equipment or other freight.
5. All shipments which contain, in whole or in part, articles prohibited by law.
6. All shipments which contain, in carrier's judgement, items of unusual or extraordinary value.
7. Automobiles.
8. Bullion.
9. Carbon Black.
10. Clams, crabs, lobsters, oysters, and shrimp.
11. Fish, except smoked or canned.
12. Flora and fauna.
13. Furs.
14. Hides, green or wet.
15. Jewelry, watches, etc.
16. Money or notes.
17. Platinum, gold, silver, and other precious metals.
18. Precious stones, cut or uncut.
19. Securities, stamps, stock certificates, letters, and other valuable papers.
20. Statues, paintings and other works of art.
21. Watches.
22. Poison Gas (Division 2.3)
23. Hazardous Waste.
24. PCB's (Polyclorinated Byphenyls).
25. Firearms (Assembled or in parts).
26. Any quantity of Radioactive Materials (Class 7).
27. Poison Infectious Substances (Division 6.2).
28. Explosives (Division 1.1, 1.2, and 1.3).
29. Cardboard/Fiberboard Totes with plastic bladders (for transporting liquids).
30. Granite, Marble or Stone in dimensions greater than 12"x12"x2" tiles.
31. Standardized Test Results.
32. Freight with a propensity to damage other freight or carrier equipment.
33. Nitrocellulose

In the event the carrier unknowingly accepts cargo named in this item due to misdescription of the restricted commodity or commodities, Carrier shall hold the shipper(s) solely responsible and liable for any penalties and/or damages resulting from transportation of the restricted cargo.