Item Number: 1000.2

LIABILITY FOR LOSS OR DAMAGE IN TRANSIT

  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


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