1. Unless otherwise provided, when provisions of this tariff are in conflict with those published in individual contracts and/or tariffs such contracts and/or tariffs, to the extent of their application, will apply.
2. Reissued tariffs, items or parts of items will cancel previously issued tariffs, items or parts of items or publications referenced thereto.
3. Unless otherwise provided, when provisions of this tariff are in conflict with those published in the governing publications this tariff will apply.
4. When this tariff provides for the application of charges CSA will maintain records to verify the charges and so document on any billing or invoicing to the payer.
5. Unless otherwise provided, charges for services shown herein will be borne by the party requesting the service or guaranteed to the satisfaction of CSA before services will be provided.
6. Unless otherwise provided, charges for services shown herein will apply in addition to all other applicable charges.
7. Unless otherwise provided, the use of decking equipment is for CSA’s convenience and has no application to any rules contained herein.
8. Unless otherwise provided, requests for changes to a Bill of Lading must be in writing from the responsible party(s).
9. Driver’s signature on the Bill of Lading only acknowledges receipt of the freight, any special requests or valuation in excess of those found within this tariff must be agreed to by CSA management in advance of the shipment being picked up.
10. CSA reserves the right to reject a shipment when such shipment in their opinion would likely cause damage or delay to personnel, other goods being carried, or equipment.
11. Special attention should be given to CSA’s rights to collect monies owed to them for overdue undisputed freight invoices.
ITEM 500 Bills of Lading, Freight Bills, & Statements of Charges
Transportation of shipments handled by CSA is governed by the terms and conditions as found on the CSA Bill of Lading and the rules, regulations, and charges as published in this tariff.
No deviation from these standard terms and conditions will apply in connection with shipments handled by CSA except upon written agreement signed by an officer of CSA. Terms and conditions of pre-printed Bills of Lading tendered to CSA by Shipper at time of shipment and signed by CSA’s driver or dock worker will not apply except upon written agreement of an officer of CSA. Bills of Lading so tendered by Shipper at time of shipment will be accepted by CSA subject to the terms and conditions shown herein and as modified in this rules tariff.
CSA will provide when required:
A. Copies of freight bills, invoices, statements or proofs of delivery.
B. Other forms or copies as may be required for submission with freight bills for payment.
When a corrected Bill of Lading or letter of authority to amend any aspect of a Bill of Lading is received from the responsible party the following provisions will apply:
A. Corrected Bills of Lading or letters of authority to change the payment status from collect to prepaid or prepaid to collect will be subject to acceptance by CSA. The request must be made by the Shipper in writing and within thirty (30) days of the original Bill of Lading.
B. Corrected Bills of Lading or letters of authority to change the freight charge collection status from prepaid to collect will not be accepted if Section 7 of the corrected Bill of Lading has been signed by the consignor, or once the shipment has been delivered or if shipment has been lost or damaged.
C. Corrected Bills of Lading or letters of authority to change the actual or released value of a commodity will not be accepted after the shipment has been delivered.
D. Changes in commodity description, weight, or pieces shall be accompanied by satisfactory written documentation, such as the original invoice or descriptive advertising copy.
E. A Driver’s signature on the Bill of Lading only acknowledges receipt of freight. Terms and conditions of CSA 1004 Rules Tariff and Bill of Lading contract as provided will apply.
F. When the consignor fails to state the freight terms (prepaid or collect) in writing on the Bill of Lading the freight will ship as prepaid and all applicable charges will be borne by the consignor.
G. A Bill of Lading shall be completed as provided herein for each shipment.
H. On each article covered by the Bill of Lading there shall be plainly marked thereon by the consignor the name of the consignee and the destination thereof. This requirement does not apply in cases where the shipment is from one consignor to one consignee and constitutes a truckload shipment.
I. The Bill of Lading shall be signed in full (not initialed) by the consignor and by CSA as an acceptance of all terms and conditions contained therein.
J. At the option of CSA a waybill may be prepared by CSA and the waybill shall bear the same number, or other positive means of identification, as the original Bill of Lading. Under no circumstances shall the waybill replace the original Bill of Lading.
ITEM 501 Definition of Package
The term package as used in this item means any primary shipping package authorized by the provisions of individual tariffs or classification items. When a number of packages have been unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or have been over packed in an additional complying package, CSA’s liability will be determined by separately multiplying the weight of each individual package lost or damaged computed on $2.00 per pound ($4.41 per kilogram) and not on the basis of the weight of the total number of packages unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids or over packed in an additional complying package.
ITEM 502 Released Valuation When Goods are Received From a Freight Forwarder
On shipments having prior or subsequent transit by air or water, and said shipments are tendered to CSA by a freight forwarder, CSA’s maximum liability shall be no more than $1.50 per pound. The provisions of this rule shall supersede any valuations, actual or released, provided on the Bill of Lading or waybill.
In the event of a conflict between this provision and any other provision in CSA’s rules tariff the provision which has the lower limitation shall apply.
Liability Section ITEM 503 Liability of CSASubject to reasonable requests, CSA agrees to accept, transport, and deliver with reasonable dispatch such merchandise as customer may tender to CSA for transportation. However, CSA shall not be responsible for any damages, direct, indirect or consequential, which are the result of delay in delivery.
ITEM 507 Stoppage in TransitUsed commodities and personal goods shall be limited to 10 cents per pound regardless of packaging.
ITEM 509 Valuationa) the value of the goods at the place and time of shipment including the freight and other charges if paid, or
b) where a value lower than that has been represented in writing by the consignor or has been agreed upon, such lower value shall be the maximum liability.
ITEM 510 Maximum Liability2. Claims not filed within the nine (9) months statute of limitations will be declined.
3. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of CSA from the charges owed to CSA unless authorized in writing by CSA.
ITEM 514 Freight Chargesb) Should consignor fail to indicate that a shipment is to ship prepaid, or fail to indicate how the shipment is to ship, it will automatically ship on a collect basis.
ITEM 515 Dangerous Goodsb) Pending receipt of such disposal instructions the goods may be stored in the warehouse of CSA subject to a reasonable charge for storage, or if CSA has notified the consignor of this intention the goods may be removed to and stored in a public or licensed warehouse at the expense of the consignor, without liability on the part of CSA and subject to a lien for all freight and other lawful charges including a reasonable charge for storage.
ITEM 517 Return of Goods2. If the actual weight of the shipment does not agree with the weight shown on the Bill of Lading CSA may correct the weight shown on the Bill of Lading.
ITEM 520 Shipper Load or Consignee UnloadWhen pre-arranged with CSA’s local operations, CSA will spot or drop trailer at the shipper’s loading facility so the shipper may load the trailers at their convenience. Any discrepancy on those shipments tendered under the Shipper Load and Count arrangement will be handled in the following manner:
1. At pickup, CSA will include “SL&C” on the Bill of Lading, indicating that the Shipper loaded and counted the shipment without a CSA driver being present.
The Shipper will properly block and brace the freight. CSA’s failure to note “SL&C” on the Bill of Lading will not affect the liabilities of the parties if the Shipper has in fact performed the loading and counting without a representative from CSA present.
2. CSA will provide seals for security purposes to the Shipper when requested. Failure to seal a load will not affect the terms and conditions outlined in this paragraph or tariff.
3. CSA will notify the Shipper’s representative by auto-fax of any exceptions within 24 hours of first unloading. This will not include weekends or holidays. CSA cannot be liable for uncountable palletized orders picked up and delivered with wrap intact.
4. Shortage claims filed will be thoroughly investigated. CSA will work with the Shipper to use overage, as mutually agreeable, to offset their liability on valid claims.
5. Shortages will be reported as above. The Shipper will advise CSA disposition of any merchandise that could or should be applied to a valid shortage. In the event of a Shipper caused shortage, the Shipper will allow CSA to adjust the Bill of Lading accordingly to reflect actual piece count and weight.
6. CSA will not accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is one of a concealed nature. In this respect, any claim following will be settled based on the findings of the investigation.
7. CSA can be responsible for handling units only as applicable and to the extent that a piece count can be verified. Individual item numbers and purchase order shortages at delivery shall not be deemed as shortages against CSA when the handling unit count matches the amount properly reported as received on the SL&C trailer.
8. CSA will not decline liability of claims just because the Bill of Lading is noted “SL&C.” The burden is CSA’s to either provide a clear proof of delivery, a properly reported exception, or payment of the claim. The Shipper agrees not to file claims when discrepancies have been properly reported.
B. Consignee Unload.
CSA will drop or spot trailers at the Consignee’s facility so the receiver may unload the trailers. Any discrepancy on those shipments tendered as “CONSIGNEE UNLOAD” will be handled in the following manner unless a separate agreement is already established and signed in place:
1. CSA agrees to spot or drop trailers at Consignee’s place of business for the purpose of Consignee completing the unloading process within normal free time or as otherwise agreed to in writing.
2. Consignee will not utilize CSA’s equipment for any use other than the express purpose of unloading.
3. When the Consignee fails to report to CSA’s local service centre that equipment is empty and available to CSA for removal it will be subject to detention rules and charges.
4. Consignee will accept liability for any and all damages occurring to CSA’s equipment or for the loss of CSA’s equipment while in its physical possession, other than normal wear and tear or an Act of God. Consignee will promptly reimburse CSA for the cost of repairing or replacing such equipment.
5. CSA will note “CONSIGNEE UNLOAD” on the delivery receipt, indicating that the Consignee unloaded and counted the shipments without CSA’s driver present. CSA’s failure to note “CONSIGNEE UNLOAD” on the delivery receipts will not affect the liabilities of the parties if the Consignee has in fact performed the counting and unloading without a representative from CSA present.
6. CSA will provide sealed trailers with CSA’s seal number documented for security purposes. Failure to seal a load will not affect the terms and conditions outlined in this item.
7. CSA shall not be liable for uncountable palletized orders picked up and delivered with shrink wrap intact or for Shipper Load and Count orders that have been properly reported to the Shipper at first unloading.
8. Delivery receipts will be signed by the Consignee at the time the trailer is dropped for unloading or, if not operationally feasible, will be available to CSA no more than 24 hours after delivery.
The Consignee agrees to notify CSA by fax on a mutually approved form of any exceptions within 24 hours of the trailer being dropped. This will not include weekends or holidays. CSA shall not be liable for exceptions reported after 24 hours of trailer being dropped.
Notice of any exception is to be faxed on the mutually approved form to the attention of the local service centre’s OS&D associate.10. Shipments tendered to the Consignee to be unloaded at their convenience are to be secured by the Consignee in a manner to prevent theft. CSA will not be held responsible for stolen product while in the possession of the Consignee.
11. CSA agrees not to decline liability of claims just because the delivery receipt is noted CONSIGNEE UNLOAD. The burden is CSA’s to provide a clear proof of delivery when the documents are returned to CSA. It is the Consignee’s responsibility to provide a properly reported discrepancy with dated fax confirmation for payment of the claim. The Consignee agrees not to file claims when discrepancies have not been properly reported.
12. The consignee will accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is of the concealed nature and reported within 15 days of the trailer being spotted for unloading. In this respect, concealed damage claims will be settled based on supporting facts and merits of the investigation.
Accessorial Services Section ITEM 521 Shipment Weight VerificationsWhen CSA is requested by the shipper to secure a certified public weight for any shipment, a $60.00 charge will apply.
ITEM 522 Storage1. Storage charges on undelivered freight will begin at 7AM the first business day after notice of arrival was provided. No charges under this item will be made when actual tender of delivery is made within 24 hours after such notice of arrival has been given.
2. Freight stored in CSA’s possession will be assessed a charge of $5.00 per skid per 24 hour period.
Storage charges under this item will end when CSA is enabled to deliver or transport freight as a result of action by the consignee, consignor, owner, or customs official.
ITEM 523 Stop-Off ChargesCharges for this service will be added to the freight bill when service is requested by the consignor or will be collected from the party responsible for paying the freight charges.
ITEM 525 Limited Access PointsExamples of Limited Access Points include:
Farms1. Definition of Re-Consignment or Diversion for the purpose of this rule the terms “re-consignment” and “diversion” are considered to be synonymous and the use of either will be considered to mean a change in the name of the consignor or consignee, a change in the place of delivery within original destination points, a change in the destination point, or a change in the instructions received by CSA prior to receipt of shipment.
CONDITIONSCSA will make a diligent effort to execute a request for re-consignment but will not be responsible if such a service is not affected.
All charges applicable to the shipment whether accrued or accruing must be paid or guaranteed to the satisfaction of CSA before re-consignment will be made.
Only the entire shipment, not portions of the shipment, may be re-consigned.
An order for re-consignment of a shipment shipping under uniform order Bills of Lading will not be considered valid unless, and until, the original Bill of Lading is surrendered as cancelled, endorsed, or exchanged.
Instruction for re-consignment of COD shipments will be accepted only from the consignor.
Request for re-consignment of “In Bond” shipments will be permitted. However, if requested, shipments will be stored at re-consignment point until such time as the new or revised clearance papers are received by CSA. Once received the shipment will be handled to destination.
ITEM 528 Re-Delivery of ShipmentsAll charges accruing under the provisions of this rule must be paid or guaranteed to the satisfaction of CSA by the party or parties requesting re-delivery.
ITEM 529 Returned Undelivered ShipmentsWhen a shipment is tendered to CSA in lots according to size, brand, flavour, or other characteristic and is so identified on the Bill of Lading or accompanying papers normal delivery service includes delivery of the shipment to the consignee in the same manner, including the placement of such sorted or segregated lots on the consignee’s platform.
No sorting or segregating charge will be made when the only service performed is a count necessary to determine the extent and identity of shortages or overages as may have been ascertained by a CSA employee.
If sorting or segregation of the merchandise takes longer than the free time period allocated for the specified weight LISTED IN THE BELOW PARAGRAPH, DETENTION, an additional charge of $0.70 per carton or $2.00 per hundred pounds with a minimum of $25.00 shall apply. These charges will be assessed to the payer of the shipment.
ITEM 531 Detention – Free Time Allowed for LTL or AQ Shipment – With Power Units
FREE TIME SHALL BE AS FOLLOWS:“LOADING” includes the furnishing to CSA of the Bill of Lading and required documents necessary for forwarding of the shipment.
“UNLOADING” includes:
A. Surrender to CSA of Bill of Lading for shipments.
B. Payment of lawful charges to CSA when required prior to delivery of the shipment.
C. Notification to CSA that the vehicle is unloaded.
D. Signing delivery receipt when CSA’s agent is present at unloading.
Computation of time shall begin upon notification by the driver to the responsible representative of the consignor or consignee of the arrival of the vehicle for loading or unloading and receipt by the driver of a signed Bill of Lading or Receipt for Delivery.
Computations of time are subject to, and are to be made within, the normal business day at the designated premises at place of pickup or delivery.
ITEM 532 Detention – Vehicles Without Power Units- Spotting or Dropping TrailersB. Loading or unloading will be performed by the consignor, the consignee, or other party designated by them. In the case of spotting for loading the Bill of Lading must show “Shipper Load and Count.”
C. CSA’s responsibility for safeguarding shipments loaded into trailers spotted under the provisions of this item shall begin when loading has been completed and possession thereof is taken by CSA.
D. CSA’s responsibility for safeguarding shipments unloaded from trailers spotted under the provisions of this item shall cease when the trailer is spotted at or on the site designated by the consignee.
E. The detention charges due to CSA will be assessed against the payer responsible for freight charges.
F. Spotted trailers will be allowed 24 consecutive hours of free time.
G. For each 24 hours or any fraction thereof a charge of $130.00 will be assessed.
ITEM 533 Detention of a Vehicle Furnished but Not UsedTime shall be computed from the time the extra labour arrives at the place of pickup or delivery until loading or unloading is completed. This charge will be assessed to the consignor if the extra labour is used for loading, and to the consignee if the extra labour is used for unloading. Extra labour will not be furnished unless requested by consignor or consignee.
The provisions of this item do not obligate CSA to furnish extra labour if such is not available at the point of loading or unloading.
ITEM 535 Lift-Gate ServiceNote: Service rate may vary for beyond points.
ITEM 536 Pallets, Platforms of Skids Required for the Movement of GoodsWhen material not a part of the pallets, platforms, or skids is used to protect top of lading or to secure the load, an allowance will not be allowed for the weight of such materials.
In no case, after deducting the weight of the pallets, platforms, or skids to be transported without charge, shall the weight on which charges are based be less than the prescribed minimum weight. When sufficient pallets, platforms, or skids cannot be placed on the floor of the trailer to load the prescribed minimum weight, then pallets and palletized material must be capable of being double-decked. At the request of CSA the shipper will double-deck in loading.
The total weight of the pallet, platforms, or skids transported without charge will not exceed 1,000 pounds per shipment.
ITEM 537 Returned Cheques2. Freight shipping in bond may not be included in the same shipment on the same Bill of Lading and shipping order with freight not shipping in bond.
3. Shipments awaiting U.S. Customs clearance will be subject to the applicable detention charges or storage charges. Detention charges, if any, will be assessed against the party responsible for line haul charges. For the purpose of applying storage rules and charges in connection with shipments in transport under U.S. Customs Bond notification to the Deputy Collector of Customs that a shipment is available for customs inspection will constitute tender of shipment for delivery.
4. Each I.T. permit (immediate transportation permit) issued for transport of an in bond shipment will be considered as a separate shipment and must be accompanied by one Bill of Lading and shipping order.
5. Shipments tendered in a vehicle sealed by or at the instructions of the consignor, or as required by competent authority, will be rated as a truckload shipment. On shipments cleared en-route by the U.S. Customs, and shipment beyond such clearance does not require a seal, normal rate and charges shall apply to the beyond point.
6. When necessary for CSA to purchase and apply “High Security Red In-Bond Seals” for shipments in transport under U.S. Customs Bond a charge of $35.00 per seal will be assessed. CSA will not be responsible for equipment or tools necessary for removal of High Security Red In-Bond seals.
7. Declared Value in excess of $2.00 per pound, ($4.41 per kilogram).
If the consignee has declared a value of the goods on the face of the bill which exceeds the above clause (no. 7) and CSA has agreed in writing to accept this shipment, the amount of any loss or damage for which CSA is liable shall not exceed the declared or actual value of the damaged or missing piece/s. A charge of 1% of the value exceeding the $2.00 per pound, ($4.41 per kilogram) will be assessed.
Credit and Collection Charges Section ITEM 539 Extension of CreditFreight bills may be presented by mail. Unless otherwise agreed CSA will send invoices by mail.
When the mail service is so used, the time of mailing by CSA shall be deemed to be the time of presentation of the bills unless other terms are agreed to in a contract. In a case of dispute as to the time of mailing, the postmark shall be accepted as showing such time. CSA and the shipper or consignee or designated payment agent may enter into a separate agreement for CSA to transmit invoices electronically via electronic data interchange.
When CSA transmits invoices via E.D.I. the date of receipt by the customer will be the date received by the designated systems.
Application for credit with CSA regarding payment of freight bills shall be in writing to the party requesting said credit and approved by an authorized representative of CSA.
CSA reserves the right to require prepayment of all charges or other satisfactory assurance of payment before accepting shipment or attempting delivery.
Upon request and for the shipper’s convenience CSA will invoice the shipper’s broker, bank, or other designated agent for freight charges. CSA reserves the right to bill and collect freight charges from the shipper on prepaid or the consignee on collect shipments in the event full payment of freight charges is not received pursuant to such third party billing instructions.
ITEM 540 Payment of Freight ChargesA. A prepaid shipment is one on which the charges for transportation service rendered at the request of the consignor, including charges for any accessorial services performed at the request of the consignor are to be paid by the shipper.
B. A collect shipment is one which the charges for transportation service including accessorial services rendered at the request of the consignee or requested by the consignor for the consignee, are to be paid for by the consignee.
C. A shipment on which charges are to be paid by a party other than the consignor or consignee will be accepted provided that the consignor has established credit with CSA. The shipper must guarantee to pay the charges if the third party fails to do so within the time allowed under CSA regulations. Such a shipment will not be accepted if the consignor executes Section 7 of the Bill of Lading.
2. Payment of freight charges must be made immediately by a shipper upon receipt of prepaid freight bill. Freight charges on collect shipments must be paid by the consignee at time of delivery unless credit has been established with CSA in which case payment is due upon receipt of the invoice.
ITEM 541 Third Party Collection of ChargesShipments subject to the provisions of this item will be accepted only when the consignor has established credit with CSA and guarantees to pay all lawfully accrued charges if the third party fails to do so.
ITEM 542 Terms of Payment2. The shipper and consignee are jointly responsible for payment of all freight charges. If one defaults for whatever reason the other party will be held liable.
3. Whereas between the shipper and the consignee it is intended that the freight ship on a credit arrangement to be billed to the shipper’s account, the Bill of Lading shall be marked “prepaid” in which event CSA agrees to first look to the shipper for payment for freight charges and to extend to the shipper whatever credit arrangements might be agreed upon between them. This agreement in no way detracts from the ultimate liability of the consignee in the event of default of payment by the shipper.
4. Whereas between the shipper and the consignee it is intended that the consignee shall pay the freight charges, the Bill of Lading shall be marked “collect” in which event CSA agrees to extend credit to the consignee on whatever terms might be agreed upon between the two, or to first look to the consignee for payment of freight charges but this shall in no way relieve the shipper from liability for freight charges in the event of default by the consignee.
5. Where a Bill of Lading is not marked either prepaid or collect CSA is to consider that the freight is moving on a collect basis in accordance with the preceding rule.
6. If, as between the shipper and the consignee, or either of them, it is intended that a third party pay the freight charges in respect of a shipment, then the Bill of Lading must be marked prepaid and a notation thereon made referring to the name and address of the third party to be billed. In such cases CSA agrees to carry such freight upon whatever credit terms might be agreed upon between the third party and CSA. In the absence of such agreement CSA agrees to first look to the third party for payment of freight charges, but in no event shall this relieve the shipper or the consignee from liability for freight charges as herein before stated.
7. CSA is not obligated to accept corrected Bills of Lading or letters authorizing a charge pertaining to payment of freight charges after commencement of carriage.
8. The charges for collecting and remitting the requested amount for COD shipments will be collected from the party responsible for the freight charges.
9. The charges for collecting and remitting each COD bill will be 5% of the COD amount subject to a minimum charge of $90.00.
10. CSA will, upon written authorization from consignor, change the form of payment of COD amounts to accept consignee’s personal cheque when such form of payment was not originally authorized. Consignor must guarantee payment of the charge for re-delivery, if any.
11. When tendering a Collect on Delivery shipment the letters “COD” must be inserted on the Bill of Lading or shipping documents in large, easy to read writing.
ITEM 543 Uncollectible ChargesITEM 544 Applicable Fuel Surcharges