Item Number: 1000.1

REQUIREMENT FOR WRITTEN CLAIM

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.