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Dear Valued Customer


We recognize the importance of customer satisfaction and promptly
resolving issues brought to our attention.


The following “quick reference guide” has been compiled to provide
customers with answers to their most frequently asked questions and to assist
with resolving the concerns that may arise from time to time.


Please review this document at your earliest convenience and share the
information with your Purchasing and Receiving Department personnel. We
also invite you to contact your NTC Customer Service Representative or Sales
Representative with any questions regarding the information contained in
this guide.


Thank you in advance, for your continued support and cooperation as we
strive to improve our processes and provide you with exceptional customer
satisfaction.

Sincerely,

Craig Erdman
OS&D Manager

Debbie Gross
Claims/OS&D Cust Service
TABLE OF CONTENTS


SUBJECT                             PAGE

Contact List                            4


Over, Short & Damage (O.S.&D.)          5-6


FAQ                                     7


Glossary                                8-9
NEBRASKA TRANSPORT COMPANY
CONTACT LIST
TERMINALS
(Contact your closest terminal)

Alliance, NE (308) 762-7000

Chicago, IL (630) 752-9470

Denver, CO (303) 295-0667

Des Moines, IA (515) 266-3727

Grand Island, NE (308) 382-8425

Kansas City, KS (913) 281-9991

Lincoln, NE (402) 474-6770

Minneapolis, MN (605) 413-3626

North Platte, NE (308) 534-7410

Omaha, NE (402) 331-8116

Rapid City, SD (605) 923-6499

Scottsbluff, NE (308) 635-1214

Sidney, NE (308) 254- 7133

Sioux Falls, SD (605) 543-6046

St Louis, MO (314) 383-0568

Corporate- Scottsbluff, NE
Office (800) 347-6331 Fax (308) 635-2851

OS&D / Claims Dept
Craig Erdman
OS&D Manager Ext. 171
craig.erdman@nebt.com

Debbie Gross
Claims/OS&D Customer Service Ext. 174
debbieg@nebt.com
CONCEALED SHORTAGE OR DAMAGE

In the case of a concealed damage and/or shortage, O. S. & D., must be made aware of the situation
immediately in order to launch an investigation. Therefore it is important that the receiver contact
Nebraska Transport Company (N.T.C.) O.S. & D. Department as soon as possible.

If your business has received a package and upon opening the package notice that the item(s) are
missing or damaged, the carton and packaging should be retained and the N.T.C. Customer
Service / O.S. & D. Department should be informed immediately.

Please do not alter or destroy the package or its contents until N.T.C. has provided a release. Based
on freight rules, N.T.C. must be given an opportunity to inspect the packaging and product in order
to asses its liability. If the original packaging in not kept, N.T.C. is within its legal right to decline
the claim.

Concealed damages must be reported to the carrier within 15 days of shipment delivery. However,
reporting the discrepancy to N.T.C. within this time frame only serves to start the inspection
process to determine liability.



       REPORTING CONCEALED SHORTAGES OR DAMAGES
   •   When calling it is important to have the following information available:
         o The tracking number (or PRO number) on the shipment or on your freight bill in the
             upper right hand corner.
         o The Purchase Order number or Bill of Lading number. Sometimes found on the
             packing slip.
         o The items missing or damaged.

   •   Keep the original carton and packaging, as N.T.C. will want to inspect the carton. If the
       carton(s) is not kept, N.T.C. will not assume liability, and is within our legal right not to do
       so.
PROPER RECEIVING PROCEDURES


Claims may sometimes be denied due to errors made in the receiving process. We ask that you be
aware of and review the following and if they are not already a part of your receiving process, they
are added in an effort to reduce the risk of claim denial:

   • Delivery receipts should not be signed until after the shipment has been inspected for
     apparent damage and/or shortage.
        o This process should not take more than a minute and only involves physically
            scanning the delivery for obvious damage to cartons, torn stretch-wrap, crushing,
            etc.
        o Signing Subject to Count or Subject to Inspection is NOT an accepted industry
            practice, does not legally bind the carrier and can rarely be used to substantiate a
            claim.

   • Damages such as puncture marks, crushing, open seams, torn wrap, fork lift damage, etc.
     should be noted on the delivery receipt; photographs should be taken when possible.
        o Shipments reported to be damaged should be kept intact; please do not alter or
            destroy the package or its contents until N.T.C. has provided a release. Based on
            freight rules, the carrier must be given an opportunity to inspect the packaging and
            product in order to assess its liability. If the original packaging is not kept, N.T.C. is
            within its legal right to decline the claim.
FREQUENTLY ASKED QUESTIONS
1. What is the responsibility of the customer when receiving freight from a carrier?
   At the time the freight is delivered (prior to the driver leaving), the receiver is responsible
   for verifying the quantity received matches what is shown on the delivery receipt. All items
   should be counted, and reviewed for visible damage and shortage. If there is damage,
   shortage, or overage, the discrepancy must be noted on the delivery receipt. If the
   discrepant items are not noted, documentation will support only a clear delivery and the
   cost of replacing the item(s) will be assessed on the receiver.


2. What do I do if I suspect that a portion or all of my shipment is damaged?
   The customer has the right to refuse the shipment or a portion of the shipment if there is
   visible damage and is deemed to have no value. In other words, there is no value in
   repairing or mitigating efforts. If the shipment or a portion of the shipment is refused, the
   customer should note on the delivery receipt “REFUSED DUE TO DAMAGE”. The
   number of cartons damaged should also be noted. The carrier will then call the shipper for
   disposition. The customer should call their assigned N.T.C. Customer Service Rep. or
   Team to report the damage. It is the duty of the consignee and the shipper to mitigate
   claims.

3. Damage vs. Defective?
   It is very important to distinguish the difference between damaged or defective product in
   order to determine the root cause and take corrective action. For example, if a customer
   receives a padlock and the lock fails to engage, it would be considered “defective” and
   liability falls on the Shipper. If, however, a customer receives a box of padlocks and that
   shows signs of mis-handling such as dents, wet boxes, etc. it is considered “damaged”, and
   a claim would be filed against the carrier. Please note: The carrier may need to inspect
   such items so unless the shipment has been refused the damaged product and packaging
   should be kept by the customer pending investigation. (See section on “Receiving
   Procedures”)

4. While opening up the cartons, I discovered damage, but I have already signed the
   delivery receipt “clear” and the carrier has left; what course of action do I take?
   While any visible damage should be noted at the time of delivery, it is understandable that
   at times concealed damages may occur. By law, concealed damages are to be reported to
   the carrier within 5 days after the shipment delivered. Keep in mind, however, this process
   only serves to initiate the inspection process to determine liability- it does not warrant the
   immediate filing of a carrier claim. Therefore, it is critical that concealed damages be
   reported to N.T.C. O.S.&D. Department promptly. Remember to retain the original
   packaging in case the carrier wishes to perform an inspection (see section on Concealed
   Shortages & Damages).
GLOSSARY

BILL OF LADING         Legal document used to detail the origin, destination and
                       contents of shipment (description, weight, pieces, etc.), and
                       to declare the responsible party and payer of freight
                       charges.
CARRIER CODE           A four digit code that signifies the carrier that most likely
                       will, or has already handled a particular shipment.

CLAIM                  Process entered into with a carrier to recoup funds for lost
                       or damaged product.

COLLECT                Carrier will bill the receiving party for the freight charges.
                       (This does not mean that the carrier will collect cash at the
                       point of delivery; customers preferred carrier is used with
                       collect terms).

CONSIGNEE              Party to whom the shipment is addressed.

DELIVERY RECEIPT       Document providing delivery to a given location, showing
                       delivery date, signature and pieces delivered.

F.O.B. DESTINATION     Shipper’s preferred terms. Freight on board at destination.
                       Consignee does not take responsibility for shipment until it
                       is delivered to the destination.

F.O.B. ORIGIN          Freight on board at origin. Consignee takes responsibility
                       for the shipment at the point of shipment (these terms are
                       rarely used).

L.T.L.                 Less than truckload. Shipments too large to ship small
                       parcel but not big enough to fill an entire trailer.

OVERAGE                A delivery where the receiver notes receipt of more cartons
                       than showing on shipping documents.

P.O.D.                 Proof of delivery.
PREPAID           Shipper’s preferred terms. Carrier will bill the shipper for
                  freight charges.

PREPAY & ADD      Carrier will bill the shipper for freight charges and the
                  shipper will, in turn, bill the receiver.

PRO NUMBER        Invoice or tracking number associated with an L.T.L. or
                  truckload shipment, also used for tracing. Truckload
                  shipments are sometimes referenced with a “trip” or “load”
                  number.

RECONSIGNMENT     To change the consignee’s delivery address on a shipment
                  while it is in route to a customer (re-consignments must be
                  authorized by the shipper or shipper’s transportation
                  company).

SHORTAGE          A delivery where the receiver notes receipt of fewer
                  cartons than showing on shipping documents.

TERMINAL          A carrier’s facility where shipments are processed.
                  Transportation will commonly refer to the “delivering
                  terminal” which is a particular facility responsible for final
                  delivery to our customer.

TRACE             The process used to determine the status of a shipment in
                  route to our customer.

TRACKING NUMBER   Number associated with small parcel or air shipment, also
                  used for tracing.

TRANSIT TIME      The (standard) amount of time it takes for a carrier to
                  deliver product to a given point. Transit time does not
                  include the day of shipment, weekends or holidays. If a
                  shipment is tendered to the carrier too late in the day, the
                  actual date of shipment may be the next business day.

TRUCKLOAD         Generally used to describe large volume shipments
                  consuming more than 24 feet of an L.T.L. carrier’s trailer
                  or 16,000 + pounds.
 NTC’s Tariff is our guide to our business practices and
  regulations that we employ in our regular day to day
  operations and special circumstances.
 One of the specific topics in the tariff is the addressing of
  Released V alue and L iability L imitations.
 Let’s dig down a bit for specifics on Released V alue and
  Liability Limitations.
 Carmack A mendment-
    Governs motor carriers, freight forwarders and RR’s.
 Carmack A mendment (cont)
   I.C.C. Termination A ct of 1995 enacted- divided Carmack
    into 2 parts.
      49 U.S .C. 14706 – motor carriers and freight forwarders
      49 U.S .C. 11706 – railroads


 Carmack’s original purposes:
   A dopt a uniform standard of liability for interstate surface
    transportation as stated in A dams Express Co. v. Croninger,
    226 U.S . 491 (1932)
 A dams Express v. Croninger (cont)
    Carmack was amended by the First Cummins A mendment
      which stated, a carrier must issue a bill of lading or receipt
      and be liable for loss, damage or injury to such property.
 Codify the common law liability of common carriers liable for
  “ actual loss” of goods sustained while in their possession.
 Created joint and several liability for originating and delivering
  carriers, thus ending the inconvience of shippers bringing
  actions against multiple connecting carriers.
 Carmack’s orig. purposes (cont)


 Require the issuance of a uniform contract of carriage and
  apply its terms regardless if one was issued by the carrier to
  the shipper.
 Put and end to the conflict in state courts over the extent of
  originating carrier liability.
 Prohibit limitations of liability unless approved by the
  Interstate Commerce Commission prior to their publication.
 Carmack’s orig. purposes (cont)


 Provide uniform time limits for the filing of claims and
  lawsuits.
 Prescribe the place where carriers may be sued (venue)
 A pply the laws governing water carriers when the loss
  occurred while in the water carrier’s possession.
 A pply these liability provisions to re-consigned shipments
 Carmack’s orig. purposes (cont)


 Exclude switching carriers from these provisions
 Provide for the use of freight forwarder bills of lading and
  delivery receipts by motor carriers when delivering goods
  for freight forwarders.
 Enable the originating or delivering carrier that was
  required to pay for a loss; to be indemnified by the
  connecting carrier over whose line the loss occurred.
 Released rates-
   A lthough the Carmack A mendment requires railroads to assume
    liability for the full value of goods transported, railroads may limit their
    liability by providing a released rate or more clearly stated, a rate under
    which the goods are released at a “ value established by a written
    declaration of the shipper or by a written agreement between the shipper
    and the carrier.”

   This critical provision was interpreted by the United S tates
    S upreme Court in A dams Express v. Croninger, to mean that
    a carrier could under the Carmack A mendment-
 Released rates (cont)-


 ……by a fair, open, just and reasonable agreement limit the
  amount recoverable by a shipper in cases of loss or damage
  to an agreed value made for the purpose of obtaining the
  lower of two or more rates or charges proportioned to the
  amount of risk…….
 When the I.C.C. Termination A ct was enacted in 1995- this
  divided Carmack A mendment into 2 parts. One governing
  R.R.’s and one for motor carriers and freight forwarders.
 B oth modes must have a bill of lading or receipt for liability and
  actual damages.
 No uniform limit of liability for motor carriers in Carmack.
 No B / issued- no reference to a carrier’s tarriff. Carrier will be
        L
  held to FUL L V A L UE LIA B ILITY !
 Carmack A mendment allows 5 ways to get out of a claim.
      A ct of God
  
       Public Enemy
  
      A uthority of L aw
  
      A ct or default of shipper or owner
  
      Inherent V ise
  
 Courts have held a carrier is bound by provisions in
  Carmack
 S ince the previous 5 are sometimes very difficult to prove,
  carriers rely on 49 U.S .C. sub section 10730 of Carmack
 49 U.S .C. sub section 10730- requires the shipper’s written
  agreement to a carrier’s offer to reduce its rate in return for
  the shipper’s declaration of a lower value on a shipment
 What Released V alue means to me?
   NTC’s tariff and bills of lading explicitly address released
     value and liability limitations.
 First lets take a look at the NTC bill of lading.
   B asics first- what is a bill of lading and what does it do?

   “ The bill of lading is the basic transportation contract
     between the shipper-consignor and the carrier; its terms and
     conditions bind the shipper and all connecting carriers” .
     S outhern Pacific Transportation Co v. Commercial M etals Co., 456 U.S .
     102 (1982)
 B ill of lading (cont)
    “ A dditionally, bills of lading are a necessary element of
     proving a claimant’s prima facie case in a court action”
     Consolidated Rail Corp v. Uhlmann Co., 1988 F ed. Car. Cas. &
     Refrigerated Transport Co. Inc v. Hernando Packing Co 1976

 Liability Limitations on NTC’s bill of lading-
    There is a liability limitation on our bill of lading and it is up
     to the shipper to make sure that they understand what he is
     covered for.
Released Value and Liability Limitations                                             Bill of Lading                                     Date: 1/08/09
                                                                                       Subject to B/L Terms
                                                                                                                                        Load Number: ______________
                                                                                  Toll Free: 800-347-6331
                                                                                                                                        P.O. Number: ______________
                                                                                           NEBT                                         Routing:
                                                                                  http://www.nebt.com

                                                                                                                           Quote #:

                                           Shipper                                                                                      Consignee




                             Freight Charges Terms                                                                                  Mail Freight Bill To
                                   Collect
             Prepaid                                        Third Party
                                                                                                  Name
            Unmarked bills of lading will be billed as PREPAID by the shipper
                                                                                                  Street
       Changes in terms to collect will not be accepted after freight has been delivered
                                                                                                  City/State/ZIP
                                       □                 □
     Section 7 signed?                    Yes                No
                                                                                                  Phone
     Section 7 signature will not be accepted on a prepaid or third party bill.
                                                                                                  Account #

      C.O.D. Amount: _____________
                                           □                 □                                    Remit C.O.D. to (if other than shipper)
      Consignee Check OK?                       Yes               No

                                           □                 □                                    ____________________________________________________________
      C.O.D Fee                                Prepaid             Collect

                                                                                                  ____________________________________________________________
            Pro Number ______________________                                                     ____________________________________________________________
                                                                                                                 (Address C.O.D. should be mailed to)
                           Attach Pro Sticker Here

     NO of          HM                                            Description of Articles, Special marks and Exceptions                                              Weight           Class
     Pkgs            X                                                        List Hazardous Materials First




     The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not here stated,
     carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less.

     Special Instructions: _______________________________________________________________________________________________________ ____________________

     ___________________________________________________________________________________________________________________________________________

     This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to
     the applicable regulations of the Department of Transportation.
     Shipper                                                    Carrier Signature
     Signature _______________________________                  & Driver No.        ___________________________________________ Date
                                                               Driver Signature only acknowledges receipt of goods
                                                                                                                                        Quantity ___________________________


       Received, subject to the classifications and tariffs in effect on the date of the issue of this Original Bill of Lading, the property described above, in apparent good order,
       except as noted (contents and condition of packages unknown), marked, consigned, and destined as indicated above, which said carrier (the word carrier being understood
       throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual place of delivery at said
       destination, if on its route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over
       all or any portion of said route to destination, and as to each party at the time interested in all or any of said property, that every service to be performed hereunder shall be
       subject to all terms and conditions of the Uniform Domestic Straight Bill of Lading set forth in the National Motor Freight Classification and/or carrier’s tariff(s). Carrier’s
       tariff(s) are on file at the carrier’s place of business.
Released Value and Liability Limitations
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not
here stated, carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less.

Special Instructions:
_________________________________________________________________________________ __________________________________________

___________________________________________________________________________________________________________________________
________________

This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for
transportation according to the applicable regulations of the Department of Transportation.
Shipper                                                     Carrier Signature
Signature _______________________________                   & Driver No.       ___________________________________________ Date
                                             Driver Signature only acknowledges receipt of goods
 B ill of lading (cont)
    Each of our bills of lading cap our liability at $7.50 per pound
     per piece.
       This is why it is important to have every shipment we originate to
        be on an NTC bill.
 The actual hard copy of our bill of lading also states,
  “ ……..$7.50 per pound per piece, the actual value or
  NMFC release value, whichever is less.”
    NM FC has specific items that have specific release values
     which are either higher or lower than our bill of lading.
 F.A .K. Pricing
   Certain shippers have negotiated F.A .K. pricing. NTC’s
     tariff addresses those liabilities as well.

 When negotiating a F.A .K. pricing contract-

  PL EA S E A DDRES S THE L IM ITE D
  L IA B IL ITY THA T NTC WIL L
  HA V E ON THE S E S HIPM E NTS !!!!
1. Freight All Kinds (FAK) Pricing

       Carrier’s liability for loss or damage to any article(s) or part(s) thereof for which the charges are determined by class
exception ratings or freight of all kinds (FAK) class exceptions is limited to the (1) actual invoice value of the article(s) lost,
damaged or destroyed; (2) limited liability provisions of the bill of Lading; or (3) applicable limited liability provisions of the
NMFC (note 1); whichever is less, subject to the maximums by exception class as shown below, unless a higher value is
declared and additional charges are paid.


                                             *Maximum Liability
                Class Exception
                                             Per Hundredweight
                    50                              $1.00
                    55                              $2.00
                    60                              $2.50
                    65                              $4.00
                    70                              $6.50
                   77.5                             $7.00
                 85 & up                            $7.50
        * Maximum liability per pound per individual lost or damaged piece within the shipment.



(1) When a number of individual pieces have been unitized, strapped or otherwise fastened together, boxed, packaged or
contained on pallets or skids, or have been over packed in additional complying package, Carrier’s liability will be determined
by separately multiplying the lowest level of liability for the commodity being shipped times the weight of the total number of
individual pieces lost or damaged and not on the basis of the weight of the total number of pieces.
 We have paid several claims to shippers for full
  replacement on items damaged in a F.A .K. pricing contract.

 If we address what we are liable for when we sit down with
  the shipper, there should be no worries when it comes to
  filing a claim.

 Here are some examples of contracts that we have with
  shippers that are F.A .K. pricing.
Draft MAR 8 2005

                                                                                                                                            In this tariff the class
 NEBT 600                                     NEBRASKA TRANSPORT CO., INC.                                                Section 2
                                                 Discount and Rate Application


                                                                                                                                            is addressed under
Account No.(s)         Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or
                       delivery service is provided in accordance with the provisions as shown in that item.
159112 182538
172309 163568
160253 203091          For: S P RICHARDS CO                              KANSAS CITY, MO             MARYLAND HEIGHTS, MO
                                                                                                                                            item 10. “ A F.A .K .
163555                 AT:    NTC DIRECT SERVICE POINTS                  DENVER, CO                  ELK GROVE VILLAGE, IL
                       Between Direct NTC origin points and :
                                                                                                                                            class 50 will be
                       Points in The States Of:
                          Colorado                                   Tennessee zips: 38003, 38007-18, 38024, 38053, 38059
                                              North Dakota
                                                                                                                                            applied on all items
                          Illinois                                      38101-99, 38257, 38261
                                              Oklahoma
                          Iowa                                       Mississippi zips: 38637, 38641, 38651, 38654, 38671,
                                              South Dakota
                          Kansas                                        38680
                                              Wisconsin
                                                                                                                                            classed in the NM FC
                          Minnesota                                  Kentucky zips: 42001-99
                                              Wyoming
                                                                     Arkansas zips: 72301, 72315
                          Missouri            Canada
                          Nebraska              Except
                                                                                                                                            on outbound
                          New Mexico            Nunavut

The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption
                                                                                                                                            shipments and on
Issued:                                                                   Effective:
           JANUARY 17, 2006                                                            JANUARY 17, 2006
Issued By: Brent Holliday, President      PO Box 1646                     Scottsbluff, NE 69363-1646         Phone: (308) 635-1214

                                                                                                                                            inbound shipments
                                                        Notes and Exceptions
1    Kansas City, Maryland Heights, Denver: 79.00% discount will be applied to freight charges, exclusive of accessory service
     charges subject to a floor minimum charge of $46.00 at direct service points and $75.00 at interline points. The minimum charge

                                                                                                                                            from direct service
     to all points in Illinois, Indiana and Wisconsin will be $65.00.
2    Elk Grove Village: 79.00% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor
     minimum charge of $65.00 at direct service points and $65.00 at interline points.
3    Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general rate increase.
                                                                                                                                            points.” S o under our
     Minimum charges are as published in item 150 of this tariff.
     A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are:
         Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00

                                                                                                                                            tariff we should be
         Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00
         British Columbia: $135.00                Yukon, Northwest Territory: $150.00
     A $15.00 border crossing security charge will apply on all shipments to Canada.
4    The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on

                                                                                                                                            liable for $1.00/  cwt
     shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the
     consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply.
5    Rates to be applied will be as published in NEBT 500 series tariff and subsequent re-issues or supplements thereof.

                                                                                                                                            (hundredweight).
     Rates to Canada will be taken from the NEBT 500 series tariff in effect on the day of shipment.
6    The discount will also apply on C.O.D. shipments.
     Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1.
7
8    In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill
     auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such
     third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of
     bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due
     payments due to CARRIER for services rendered and billed meeting the criteria of this tariff.
9    This agreement supercedes, on the effective date shown, any previous agreement.
10   An FAK class 50 will be applied on all items classed in the NMFC on outbound shipments and on inbound shipments from direct
     service points.




S P RICHARDS CO
Company Name

SW/KCY                                                                   Cancels page dated: NEW
Draft MAR 8 2005

                                                                                                                                             In this tariff the class is
 NEBT 600                                     NEBRASKA TRANSPORT CO., INC.                                                Section 2
                                                 Discount and Rate Application

                                                                                                                                             addressed under item 8.
Account No.(s)         Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or
169018                 delivery service is provided in accordance with the provisions as shown in that item.

                                                                                                                                             “ F.A .K . 55 (50-550) for
                       For: WARREN DISTRIBUTION
                       AT:   2849 RIVER ROAD, COUNCIL BLUFFS, IA 51501


                                                                                                                                             all freight.” S o under our
                       Between Direct NTC origin points and :

                       Points in The States Of:
                                                                                                                                             tariff we should be liable
                          Colorado                                   Tennessee zips: 38003, 38007-18, 38024, 38053, 38059
                                               North Dakota
                          Illinois                                      38101-99, 38257, 38261
                                               Oklahoma
                                                                                                                                             for $2.00/  cwt
                          Iowa                                       Mississippi zips: 38637, 38641, 38651, 38654, 38671,
                                               South Dakota
                          Kansas                                        38680
                                               Wisconsin
                          Minnesota                                  Kentucky zips: 42001-99
                                               Wyoming
                                                                                                                                             (hundredweight).
                                                                     Arkansas zips: 72301, 72315
                          Missouri             Canada
                          Nebraska               Except
                          New Mexico             Nunavut


                                                                                                                                             This is why it is so
 The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption

Issued: NOVEMBER 15, 2005                                                 Effective: NOVEMBER 15, 2005

                                                                                                                                             important that we have to
Issued By: Brent Holliday, President       PO Box 1646                    Scottsbluff, NE 69363-1646         Phone: (308) 635-1214
                                                        Notes and Exceptions
1    A 78% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of

                                                                                                                                             address our liability
     $55.00 at direct service points and $55.00 at interline points. The minimum charge to all points in Illinois, Indiana and Wisconsin
     will be$55.00. Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general
     rate increase. Minimum charges are as published in item 150 of this tariff.

                                                                                                                                             limitations with our
     A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are:
         Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00
         Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00
         British Columbia: $135.00                Yukon, Northwest Territory: $150.002
                                                                                                                                             shippers for a couple of
2    The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on
     shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the
     consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply.
                                                                                                                                             reasons. 1) mitigate our
3    Rates to be applied will be as published in FED EX 080601 and subsequent re-issues or supplements thereof. Rates to Canada
      will be taken from the NEBT 500 series tariff in effect on the day of shipment.
4    The discount will also apply on C.O.D. shipments.

                                                                                                                                             losses when/ a claim
                                                                                                                                                          if
     Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1.
5
6    In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill
     auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such

                                                                                                                                             comes along. 2) to not
     third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of
     bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due
     payments due to CARRIER for services rendered and billed meeting the criteria of this tariff.

                                                                                                                                             surprise our customers
7    This agreement supercedes, on the effective date shown, any previous agreement.
8    FAK 55(50-500) for all freight.
9    Fuel surcharge will be frozen at 6%.
10   NTC will do a 1% decrease in the discount percentage each year July 15, 2006 and again July 15, 2007
                                                                                                                                             when they file a claim.

WARREN DISTRIBUTION
Company Name
2849 RIVER ROAD
Address
COUNCIL BLUFFS, IA 51501
City, State, Zip Code

BC/OMA                                                                   Cancels page dated: REVISED 7/12/05
 A nother specific addressed in our tariff is excessive value
  coverage for a shipper.
   We will cover, additionally, over $7.50 per pound per piece,
     provided the shipper declares the shipment excessive in
     value.
       In our tariff it is addressed by the following. ITEM 781, #3-
        A dditional coverage for shipments with an actual value, at cost,
        greater than the limitations set in this item and item 780 can be
        obtained by contacting the Nebraska Transport Co., Inc. corporate
        office. The rate for additional coverage will be $0.75 per $100.00
        of excess valuation subject to a minimum charge of $40.00.
 Excessive V alue (cont)
   L ets look at a shipment to show what we can cover for a
     shipper and make some extra revenue!

 S hipper has a box that weighs 100 lbs. Nothing marked on
  the bill of lading or addressed in the contract, so our
  liability is at $750.
 S hipper says the box is worth $2,000.
   Of course knowing your customers business helps you to sell
     them peace of mind.
 Excessive V alue (cont)


 B ox worth         $2,000
 NTC Liability      -$750_
   B alance         $1,250
 A dditional Coverage to the shipper for full value
 ($.75 per $100 of valuation) $1,250 /100 = 12.5
 12.5 x $.75 = $9.38, would fall under $40 minimum.
 One very important thing to remember when doing an
  excessive value shipment.

 Class rates are paid with ZERO DISCOUNT! Full class
  rates and either the minimum for excessive value or $.75
  per $100 of valuation.

 Excessive value is treated the same as freezable shipments.
  There must be prior notification given to the carrier by the
  shipper.
 Hopefully this has shed some light into some of our
  challenges that we face in the claims dept., when it comes
  to claims and dealing with our customers and their claims.

 A ll quotes are from F reight C laims in P lain E nglish Third
  E dition & Transportation Logistics and the L aw both by
  William A ugello, ES Q and George Carl Pezold, ES Q.

 Questions? Thank you!

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Sales Meeting Presentation (so far)

  • 1.
  • 2. Dear Valued Customer We recognize the importance of customer satisfaction and promptly resolving issues brought to our attention. The following “quick reference guide” has been compiled to provide customers with answers to their most frequently asked questions and to assist with resolving the concerns that may arise from time to time. Please review this document at your earliest convenience and share the information with your Purchasing and Receiving Department personnel. We also invite you to contact your NTC Customer Service Representative or Sales Representative with any questions regarding the information contained in this guide. Thank you in advance, for your continued support and cooperation as we strive to improve our processes and provide you with exceptional customer satisfaction. Sincerely, Craig Erdman OS&D Manager Debbie Gross Claims/OS&D Cust Service
  • 3. TABLE OF CONTENTS SUBJECT PAGE Contact List 4 Over, Short & Damage (O.S.&D.) 5-6 FAQ 7 Glossary 8-9
  • 4. NEBRASKA TRANSPORT COMPANY CONTACT LIST TERMINALS (Contact your closest terminal) Alliance, NE (308) 762-7000 Chicago, IL (630) 752-9470 Denver, CO (303) 295-0667 Des Moines, IA (515) 266-3727 Grand Island, NE (308) 382-8425 Kansas City, KS (913) 281-9991 Lincoln, NE (402) 474-6770 Minneapolis, MN (605) 413-3626 North Platte, NE (308) 534-7410 Omaha, NE (402) 331-8116 Rapid City, SD (605) 923-6499 Scottsbluff, NE (308) 635-1214 Sidney, NE (308) 254- 7133 Sioux Falls, SD (605) 543-6046 St Louis, MO (314) 383-0568 Corporate- Scottsbluff, NE Office (800) 347-6331 Fax (308) 635-2851 OS&D / Claims Dept Craig Erdman OS&D Manager Ext. 171 craig.erdman@nebt.com Debbie Gross Claims/OS&D Customer Service Ext. 174 debbieg@nebt.com
  • 5. CONCEALED SHORTAGE OR DAMAGE In the case of a concealed damage and/or shortage, O. S. & D., must be made aware of the situation immediately in order to launch an investigation. Therefore it is important that the receiver contact Nebraska Transport Company (N.T.C.) O.S. & D. Department as soon as possible. If your business has received a package and upon opening the package notice that the item(s) are missing or damaged, the carton and packaging should be retained and the N.T.C. Customer Service / O.S. & D. Department should be informed immediately. Please do not alter or destroy the package or its contents until N.T.C. has provided a release. Based on freight rules, N.T.C. must be given an opportunity to inspect the packaging and product in order to asses its liability. If the original packaging in not kept, N.T.C. is within its legal right to decline the claim. Concealed damages must be reported to the carrier within 15 days of shipment delivery. However, reporting the discrepancy to N.T.C. within this time frame only serves to start the inspection process to determine liability. REPORTING CONCEALED SHORTAGES OR DAMAGES • When calling it is important to have the following information available: o The tracking number (or PRO number) on the shipment or on your freight bill in the upper right hand corner. o The Purchase Order number or Bill of Lading number. Sometimes found on the packing slip. o The items missing or damaged. • Keep the original carton and packaging, as N.T.C. will want to inspect the carton. If the carton(s) is not kept, N.T.C. will not assume liability, and is within our legal right not to do so.
  • 6. PROPER RECEIVING PROCEDURES Claims may sometimes be denied due to errors made in the receiving process. We ask that you be aware of and review the following and if they are not already a part of your receiving process, they are added in an effort to reduce the risk of claim denial: • Delivery receipts should not be signed until after the shipment has been inspected for apparent damage and/or shortage. o This process should not take more than a minute and only involves physically scanning the delivery for obvious damage to cartons, torn stretch-wrap, crushing, etc. o Signing Subject to Count or Subject to Inspection is NOT an accepted industry practice, does not legally bind the carrier and can rarely be used to substantiate a claim. • Damages such as puncture marks, crushing, open seams, torn wrap, fork lift damage, etc. should be noted on the delivery receipt; photographs should be taken when possible. o Shipments reported to be damaged should be kept intact; please do not alter or destroy the package or its contents until N.T.C. has provided a release. Based on freight rules, the carrier must be given an opportunity to inspect the packaging and product in order to assess its liability. If the original packaging is not kept, N.T.C. is within its legal right to decline the claim.
  • 7. FREQUENTLY ASKED QUESTIONS 1. What is the responsibility of the customer when receiving freight from a carrier? At the time the freight is delivered (prior to the driver leaving), the receiver is responsible for verifying the quantity received matches what is shown on the delivery receipt. All items should be counted, and reviewed for visible damage and shortage. If there is damage, shortage, or overage, the discrepancy must be noted on the delivery receipt. If the discrepant items are not noted, documentation will support only a clear delivery and the cost of replacing the item(s) will be assessed on the receiver. 2. What do I do if I suspect that a portion or all of my shipment is damaged? The customer has the right to refuse the shipment or a portion of the shipment if there is visible damage and is deemed to have no value. In other words, there is no value in repairing or mitigating efforts. If the shipment or a portion of the shipment is refused, the customer should note on the delivery receipt “REFUSED DUE TO DAMAGE”. The number of cartons damaged should also be noted. The carrier will then call the shipper for disposition. The customer should call their assigned N.T.C. Customer Service Rep. or Team to report the damage. It is the duty of the consignee and the shipper to mitigate claims. 3. Damage vs. Defective? It is very important to distinguish the difference between damaged or defective product in order to determine the root cause and take corrective action. For example, if a customer receives a padlock and the lock fails to engage, it would be considered “defective” and liability falls on the Shipper. If, however, a customer receives a box of padlocks and that shows signs of mis-handling such as dents, wet boxes, etc. it is considered “damaged”, and a claim would be filed against the carrier. Please note: The carrier may need to inspect such items so unless the shipment has been refused the damaged product and packaging should be kept by the customer pending investigation. (See section on “Receiving Procedures”) 4. While opening up the cartons, I discovered damage, but I have already signed the delivery receipt “clear” and the carrier has left; what course of action do I take? While any visible damage should be noted at the time of delivery, it is understandable that at times concealed damages may occur. By law, concealed damages are to be reported to the carrier within 5 days after the shipment delivered. Keep in mind, however, this process only serves to initiate the inspection process to determine liability- it does not warrant the immediate filing of a carrier claim. Therefore, it is critical that concealed damages be reported to N.T.C. O.S.&D. Department promptly. Remember to retain the original packaging in case the carrier wishes to perform an inspection (see section on Concealed Shortages & Damages).
  • 8. GLOSSARY BILL OF LADING Legal document used to detail the origin, destination and contents of shipment (description, weight, pieces, etc.), and to declare the responsible party and payer of freight charges. CARRIER CODE A four digit code that signifies the carrier that most likely will, or has already handled a particular shipment. CLAIM Process entered into with a carrier to recoup funds for lost or damaged product. COLLECT Carrier will bill the receiving party for the freight charges. (This does not mean that the carrier will collect cash at the point of delivery; customers preferred carrier is used with collect terms). CONSIGNEE Party to whom the shipment is addressed. DELIVERY RECEIPT Document providing delivery to a given location, showing delivery date, signature and pieces delivered. F.O.B. DESTINATION Shipper’s preferred terms. Freight on board at destination. Consignee does not take responsibility for shipment until it is delivered to the destination. F.O.B. ORIGIN Freight on board at origin. Consignee takes responsibility for the shipment at the point of shipment (these terms are rarely used). L.T.L. Less than truckload. Shipments too large to ship small parcel but not big enough to fill an entire trailer. OVERAGE A delivery where the receiver notes receipt of more cartons than showing on shipping documents. P.O.D. Proof of delivery.
  • 9. PREPAID Shipper’s preferred terms. Carrier will bill the shipper for freight charges. PREPAY & ADD Carrier will bill the shipper for freight charges and the shipper will, in turn, bill the receiver. PRO NUMBER Invoice or tracking number associated with an L.T.L. or truckload shipment, also used for tracing. Truckload shipments are sometimes referenced with a “trip” or “load” number. RECONSIGNMENT To change the consignee’s delivery address on a shipment while it is in route to a customer (re-consignments must be authorized by the shipper or shipper’s transportation company). SHORTAGE A delivery where the receiver notes receipt of fewer cartons than showing on shipping documents. TERMINAL A carrier’s facility where shipments are processed. Transportation will commonly refer to the “delivering terminal” which is a particular facility responsible for final delivery to our customer. TRACE The process used to determine the status of a shipment in route to our customer. TRACKING NUMBER Number associated with small parcel or air shipment, also used for tracing. TRANSIT TIME The (standard) amount of time it takes for a carrier to deliver product to a given point. Transit time does not include the day of shipment, weekends or holidays. If a shipment is tendered to the carrier too late in the day, the actual date of shipment may be the next business day. TRUCKLOAD Generally used to describe large volume shipments consuming more than 24 feet of an L.T.L. carrier’s trailer or 16,000 + pounds.
  • 10.  NTC’s Tariff is our guide to our business practices and regulations that we employ in our regular day to day operations and special circumstances.  One of the specific topics in the tariff is the addressing of Released V alue and L iability L imitations.  Let’s dig down a bit for specifics on Released V alue and Liability Limitations.  Carmack A mendment-  Governs motor carriers, freight forwarders and RR’s.
  • 11.  Carmack A mendment (cont)  I.C.C. Termination A ct of 1995 enacted- divided Carmack into 2 parts.  49 U.S .C. 14706 – motor carriers and freight forwarders  49 U.S .C. 11706 – railroads  Carmack’s original purposes:  A dopt a uniform standard of liability for interstate surface transportation as stated in A dams Express Co. v. Croninger, 226 U.S . 491 (1932)
  • 12.  A dams Express v. Croninger (cont)  Carmack was amended by the First Cummins A mendment which stated, a carrier must issue a bill of lading or receipt and be liable for loss, damage or injury to such property.  Codify the common law liability of common carriers liable for “ actual loss” of goods sustained while in their possession.  Created joint and several liability for originating and delivering carriers, thus ending the inconvience of shippers bringing actions against multiple connecting carriers.
  • 13.  Carmack’s orig. purposes (cont)  Require the issuance of a uniform contract of carriage and apply its terms regardless if one was issued by the carrier to the shipper.  Put and end to the conflict in state courts over the extent of originating carrier liability.  Prohibit limitations of liability unless approved by the Interstate Commerce Commission prior to their publication.
  • 14.  Carmack’s orig. purposes (cont)  Provide uniform time limits for the filing of claims and lawsuits.  Prescribe the place where carriers may be sued (venue)  A pply the laws governing water carriers when the loss occurred while in the water carrier’s possession.  A pply these liability provisions to re-consigned shipments
  • 15.  Carmack’s orig. purposes (cont)  Exclude switching carriers from these provisions  Provide for the use of freight forwarder bills of lading and delivery receipts by motor carriers when delivering goods for freight forwarders.  Enable the originating or delivering carrier that was required to pay for a loss; to be indemnified by the connecting carrier over whose line the loss occurred.
  • 16.  Released rates-  A lthough the Carmack A mendment requires railroads to assume liability for the full value of goods transported, railroads may limit their liability by providing a released rate or more clearly stated, a rate under which the goods are released at a “ value established by a written declaration of the shipper or by a written agreement between the shipper and the carrier.”  This critical provision was interpreted by the United S tates S upreme Court in A dams Express v. Croninger, to mean that a carrier could under the Carmack A mendment-
  • 17.  Released rates (cont)-  ……by a fair, open, just and reasonable agreement limit the amount recoverable by a shipper in cases of loss or damage to an agreed value made for the purpose of obtaining the lower of two or more rates or charges proportioned to the amount of risk…….
  • 18.  When the I.C.C. Termination A ct was enacted in 1995- this divided Carmack A mendment into 2 parts. One governing R.R.’s and one for motor carriers and freight forwarders.  B oth modes must have a bill of lading or receipt for liability and actual damages.  No uniform limit of liability for motor carriers in Carmack.  No B / issued- no reference to a carrier’s tarriff. Carrier will be L held to FUL L V A L UE LIA B ILITY !
  • 19.  Carmack A mendment allows 5 ways to get out of a claim. A ct of God  Public Enemy  A uthority of L aw  A ct or default of shipper or owner  Inherent V ise   Courts have held a carrier is bound by provisions in Carmack
  • 20.  S ince the previous 5 are sometimes very difficult to prove, carriers rely on 49 U.S .C. sub section 10730 of Carmack  49 U.S .C. sub section 10730- requires the shipper’s written agreement to a carrier’s offer to reduce its rate in return for the shipper’s declaration of a lower value on a shipment
  • 21.  What Released V alue means to me?  NTC’s tariff and bills of lading explicitly address released value and liability limitations.  First lets take a look at the NTC bill of lading.  B asics first- what is a bill of lading and what does it do?  “ The bill of lading is the basic transportation contract between the shipper-consignor and the carrier; its terms and conditions bind the shipper and all connecting carriers” . S outhern Pacific Transportation Co v. Commercial M etals Co., 456 U.S . 102 (1982)
  • 22.  B ill of lading (cont)  “ A dditionally, bills of lading are a necessary element of proving a claimant’s prima facie case in a court action” Consolidated Rail Corp v. Uhlmann Co., 1988 F ed. Car. Cas. & Refrigerated Transport Co. Inc v. Hernando Packing Co 1976  Liability Limitations on NTC’s bill of lading-  There is a liability limitation on our bill of lading and it is up to the shipper to make sure that they understand what he is covered for.
  • 23. Released Value and Liability Limitations Bill of Lading Date: 1/08/09 Subject to B/L Terms Load Number: ______________ Toll Free: 800-347-6331 P.O. Number: ______________ NEBT Routing: http://www.nebt.com Quote #: Shipper Consignee Freight Charges Terms Mail Freight Bill To Collect Prepaid Third Party Name Unmarked bills of lading will be billed as PREPAID by the shipper Street Changes in terms to collect will not be accepted after freight has been delivered City/State/ZIP □ □ Section 7 signed? Yes No Phone Section 7 signature will not be accepted on a prepaid or third party bill. Account # C.O.D. Amount: _____________ □ □ Remit C.O.D. to (if other than shipper) Consignee Check OK? Yes No □ □ ____________________________________________________________ C.O.D Fee Prepaid Collect ____________________________________________________________ Pro Number ______________________ ____________________________________________________________ (Address C.O.D. should be mailed to) Attach Pro Sticker Here NO of HM Description of Articles, Special marks and Exceptions Weight Class Pkgs X List Hazardous Materials First The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not here stated, carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less. Special Instructions: _______________________________________________________________________________________________________ ____________________ ___________________________________________________________________________________________________________________________________________ This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. Shipper Carrier Signature Signature _______________________________ & Driver No. ___________________________________________ Date Driver Signature only acknowledges receipt of goods Quantity ___________________________ Received, subject to the classifications and tariffs in effect on the date of the issue of this Original Bill of Lading, the property described above, in apparent good order, except as noted (contents and condition of packages unknown), marked, consigned, and destined as indicated above, which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at the time interested in all or any of said property, that every service to be performed hereunder shall be subject to all terms and conditions of the Uniform Domestic Straight Bill of Lading set forth in the National Motor Freight Classification and/or carrier’s tariff(s). Carrier’s tariff(s) are on file at the carrier’s place of business.
  • 24. Released Value and Liability Limitations The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not here stated, carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less. Special Instructions: _________________________________________________________________________________ __________________________________________ ___________________________________________________________________________________________________________________________ ________________ This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. Shipper Carrier Signature Signature _______________________________ & Driver No. ___________________________________________ Date Driver Signature only acknowledges receipt of goods
  • 25.  B ill of lading (cont)  Each of our bills of lading cap our liability at $7.50 per pound per piece.  This is why it is important to have every shipment we originate to be on an NTC bill.  The actual hard copy of our bill of lading also states, “ ……..$7.50 per pound per piece, the actual value or NMFC release value, whichever is less.”  NM FC has specific items that have specific release values which are either higher or lower than our bill of lading.
  • 26.  F.A .K. Pricing  Certain shippers have negotiated F.A .K. pricing. NTC’s tariff addresses those liabilities as well.  When negotiating a F.A .K. pricing contract- PL EA S E A DDRES S THE L IM ITE D L IA B IL ITY THA T NTC WIL L HA V E ON THE S E S HIPM E NTS !!!!
  • 27. 1. Freight All Kinds (FAK) Pricing Carrier’s liability for loss or damage to any article(s) or part(s) thereof for which the charges are determined by class exception ratings or freight of all kinds (FAK) class exceptions is limited to the (1) actual invoice value of the article(s) lost, damaged or destroyed; (2) limited liability provisions of the bill of Lading; or (3) applicable limited liability provisions of the NMFC (note 1); whichever is less, subject to the maximums by exception class as shown below, unless a higher value is declared and additional charges are paid. *Maximum Liability Class Exception Per Hundredweight 50 $1.00 55 $2.00 60 $2.50 65 $4.00 70 $6.50 77.5 $7.00 85 & up $7.50 * Maximum liability per pound per individual lost or damaged piece within the shipment. (1) When a number of individual pieces have been unitized, strapped or otherwise fastened together, boxed, packaged or contained on pallets or skids, or have been over packed in additional complying package, Carrier’s liability will be determined by separately multiplying the lowest level of liability for the commodity being shipped times the weight of the total number of individual pieces lost or damaged and not on the basis of the weight of the total number of pieces.
  • 28.  We have paid several claims to shippers for full replacement on items damaged in a F.A .K. pricing contract.  If we address what we are liable for when we sit down with the shipper, there should be no worries when it comes to filing a claim.  Here are some examples of contracts that we have with shippers that are F.A .K. pricing.
  • 29. Draft MAR 8 2005 In this tariff the class NEBT 600 NEBRASKA TRANSPORT CO., INC. Section 2 Discount and Rate Application is addressed under Account No.(s) Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or delivery service is provided in accordance with the provisions as shown in that item. 159112 182538 172309 163568 160253 203091 For: S P RICHARDS CO KANSAS CITY, MO MARYLAND HEIGHTS, MO item 10. “ A F.A .K . 163555 AT: NTC DIRECT SERVICE POINTS DENVER, CO ELK GROVE VILLAGE, IL Between Direct NTC origin points and : class 50 will be Points in The States Of: Colorado Tennessee zips: 38003, 38007-18, 38024, 38053, 38059 North Dakota applied on all items Illinois 38101-99, 38257, 38261 Oklahoma Iowa Mississippi zips: 38637, 38641, 38651, 38654, 38671, South Dakota Kansas 38680 Wisconsin classed in the NM FC Minnesota Kentucky zips: 42001-99 Wyoming Arkansas zips: 72301, 72315 Missouri Canada Nebraska Except on outbound New Mexico Nunavut The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption shipments and on Issued: Effective: JANUARY 17, 2006 JANUARY 17, 2006 Issued By: Brent Holliday, President PO Box 1646 Scottsbluff, NE 69363-1646 Phone: (308) 635-1214 inbound shipments Notes and Exceptions 1 Kansas City, Maryland Heights, Denver: 79.00% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of $46.00 at direct service points and $75.00 at interline points. The minimum charge from direct service to all points in Illinois, Indiana and Wisconsin will be $65.00. 2 Elk Grove Village: 79.00% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of $65.00 at direct service points and $65.00 at interline points. 3 Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general rate increase. points.” S o under our Minimum charges are as published in item 150 of this tariff. A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are: Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00 tariff we should be Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00 British Columbia: $135.00 Yukon, Northwest Territory: $150.00 A $15.00 border crossing security charge will apply on all shipments to Canada. 4 The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on liable for $1.00/ cwt shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply. 5 Rates to be applied will be as published in NEBT 500 series tariff and subsequent re-issues or supplements thereof. (hundredweight). Rates to Canada will be taken from the NEBT 500 series tariff in effect on the day of shipment. 6 The discount will also apply on C.O.D. shipments. Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1. 7 8 In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due payments due to CARRIER for services rendered and billed meeting the criteria of this tariff. 9 This agreement supercedes, on the effective date shown, any previous agreement. 10 An FAK class 50 will be applied on all items classed in the NMFC on outbound shipments and on inbound shipments from direct service points. S P RICHARDS CO Company Name SW/KCY Cancels page dated: NEW
  • 30. Draft MAR 8 2005 In this tariff the class is NEBT 600 NEBRASKA TRANSPORT CO., INC. Section 2 Discount and Rate Application addressed under item 8. Account No.(s) Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or 169018 delivery service is provided in accordance with the provisions as shown in that item. “ F.A .K . 55 (50-550) for For: WARREN DISTRIBUTION AT: 2849 RIVER ROAD, COUNCIL BLUFFS, IA 51501 all freight.” S o under our Between Direct NTC origin points and : Points in The States Of: tariff we should be liable Colorado Tennessee zips: 38003, 38007-18, 38024, 38053, 38059 North Dakota Illinois 38101-99, 38257, 38261 Oklahoma for $2.00/ cwt Iowa Mississippi zips: 38637, 38641, 38651, 38654, 38671, South Dakota Kansas 38680 Wisconsin Minnesota Kentucky zips: 42001-99 Wyoming (hundredweight). Arkansas zips: 72301, 72315 Missouri Canada Nebraska Except New Mexico Nunavut This is why it is so The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption Issued: NOVEMBER 15, 2005 Effective: NOVEMBER 15, 2005 important that we have to Issued By: Brent Holliday, President PO Box 1646 Scottsbluff, NE 69363-1646 Phone: (308) 635-1214 Notes and Exceptions 1 A 78% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of address our liability $55.00 at direct service points and $55.00 at interline points. The minimum charge to all points in Illinois, Indiana and Wisconsin will be$55.00. Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general rate increase. Minimum charges are as published in item 150 of this tariff. limitations with our A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are: Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00 Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00 British Columbia: $135.00 Yukon, Northwest Territory: $150.002 shippers for a couple of 2 The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply. reasons. 1) mitigate our 3 Rates to be applied will be as published in FED EX 080601 and subsequent re-issues or supplements thereof. Rates to Canada will be taken from the NEBT 500 series tariff in effect on the day of shipment. 4 The discount will also apply on C.O.D. shipments. losses when/ a claim if Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1. 5 6 In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such comes along. 2) to not third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due payments due to CARRIER for services rendered and billed meeting the criteria of this tariff. surprise our customers 7 This agreement supercedes, on the effective date shown, any previous agreement. 8 FAK 55(50-500) for all freight. 9 Fuel surcharge will be frozen at 6%. 10 NTC will do a 1% decrease in the discount percentage each year July 15, 2006 and again July 15, 2007 when they file a claim. WARREN DISTRIBUTION Company Name 2849 RIVER ROAD Address COUNCIL BLUFFS, IA 51501 City, State, Zip Code BC/OMA Cancels page dated: REVISED 7/12/05
  • 31.  A nother specific addressed in our tariff is excessive value coverage for a shipper.  We will cover, additionally, over $7.50 per pound per piece, provided the shipper declares the shipment excessive in value.  In our tariff it is addressed by the following. ITEM 781, #3- A dditional coverage for shipments with an actual value, at cost, greater than the limitations set in this item and item 780 can be obtained by contacting the Nebraska Transport Co., Inc. corporate office. The rate for additional coverage will be $0.75 per $100.00 of excess valuation subject to a minimum charge of $40.00.
  • 32.  Excessive V alue (cont)  L ets look at a shipment to show what we can cover for a shipper and make some extra revenue!  S hipper has a box that weighs 100 lbs. Nothing marked on the bill of lading or addressed in the contract, so our liability is at $750.  S hipper says the box is worth $2,000.  Of course knowing your customers business helps you to sell them peace of mind.
  • 33.  Excessive V alue (cont)  B ox worth $2,000  NTC Liability -$750_  B alance $1,250  A dditional Coverage to the shipper for full value  ($.75 per $100 of valuation) $1,250 /100 = 12.5  12.5 x $.75 = $9.38, would fall under $40 minimum.
  • 34.  One very important thing to remember when doing an excessive value shipment.  Class rates are paid with ZERO DISCOUNT! Full class rates and either the minimum for excessive value or $.75 per $100 of valuation.  Excessive value is treated the same as freezable shipments. There must be prior notification given to the carrier by the shipper.
  • 35.  Hopefully this has shed some light into some of our challenges that we face in the claims dept., when it comes to claims and dealing with our customers and their claims.  A ll quotes are from F reight C laims in P lain E nglish Third E dition & Transportation Logistics and the L aw both by William A ugello, ES Q and George Carl Pezold, ES Q.  Questions? Thank you!