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Sunset Pacific/ 3rd Party Set Up Package
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Terms & Conditions

By utilizing the Sunset Pacific Transportation, Inc. “Get A Quote Now” Freight Quote Rater, I, and my organization that I represent, agree to the following:

  1. All Federal, State, Department of Transportation, Federal Motor Carrier Safety Regulations, and all other regulations apply to all shipments.
  2. Sunset Pacific Transportation, Inc. reserves the right to refuse any shipment tendered for any reason.
  3. Quotes are valid for 30 days.
  4. If the user enters incorrect information, the quote is no longer valid, or could be revised with notification and approval from client.
  5. Sunset Pacific Transportation, Inc. is a “dry” freight hauler. Sunset Pacific Transportation, Inc. does not handle perishable, refrigerated, or haz-mat shipments. Any tenders of the such, will be denied.
  6. Any shipment that is determined by Sunset Pacific Transportation, Inc. that cannot safely be handled, will be denied.
  7. Tenders may be rejected due to type of freight/commodity.
  8. If client’s credit is not approved, a payment method will need to be agreed to before the tendered shipment is picked up by Sunset Pacific Transportation, Inc.
  9. The “Get A Quote Now” Freight Quote Rater is intellectual property of Sunset Pacific Transportation, Inc. and shall not be copied or utilized by another company as their own freight rater or property.
  10. All Tendered shipments accepted by Sunset Pacific Transportation, Inc. are pursuant to all Sunset Pacific Transportation Rules and Regulations Specifically Tariff #105. Note items 200, 201.1, and 201.2. Please Click on following link for more information. http://www.sunsetpacific.com/Tariff.pdf and the tariff follows:
SUNSET PACIFIC TRANSPORTATION, INC ICC MC-230428
REVISED DATE: 12/1/2016 EFFECTIVE DATE: 1/6/2011
ITEM RULES AND REGULATIONS TARIFF #105
100

             LAYOVER

When layover of driver(s) is required through no fault of carrier, a charge of $400.00 for single driver and $50.00 for team drivers per night will be assessed against payer of the freight charges.
101

DETENTION (with power)

Assessed after free time of two hours. The charges will be $70.00 per hour.
102

DETENTION (with trailer)

A detention charge of $60.00 per day per trailer will be assessed in addition to all other charges after the first 24 hours of free time.
103

DETENTION (empty container)

The free time for removal of an empty container is 24 hours once the carrier has been notified. A charge of $35.00 per day will be assessed for each additional 24 hours or fraction thereof.
104

RECONSIGNMENT

Shipments reconsigned at the request of the shipper will be assessed $400.00 plus any additional mileage at the current mileage rate.
105

VEHICLE FURNISHED BUT NOT USED

When carrier upon receipt of a request to pick up a T/L or Volume LTL shipment or furnish a vehicle for exclusive use of the requesting party, has dispatched a vehicle for such purpose and, due to no disability, fault, or negligence on the part of the carrier, vehicle is not used, a charge of $400.00(single) or $800.00(team) will be assessed against party making such request.
106

NEW YORK ARBITRARY CHARGE

All shipments moving into the New York areas of the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Island will be assessed an additional charge of $300.00
107

STOP OFF CHARGES

Stop off charges: 1st stop $100.00
2nd stop $150.00
3rd stop $250.00
4th stop $400.00 and each additional stop $400.00
108

ADVANCE FEES

(a) COD collection charge - $50.00
(b) CFS (Container Freight Station) Advance - $50.00
(c ) Lumper Advance - $50.00
SUNSET PACIFIC TRANSPORTATION, INC ICC MC-230428
REVISED DATE: 12/1/2016 EFFECTIVE DATE: 1/6/2011
ITEM RULES AND REGULATIONS TARIFF #105
109

LUMPER FEES

(a) If Sunset Pacific Transportation is required to hire a lumper at the shipper or consignee, the bill to party for the shipment MUST reimburse Sunset Pacific Transportation for the lumper providing: (i) Sunset Pacific Transportation notifies the bill to party about the charge within 2 business days of it occurring (ii) Sunset Pacific Transportation provide a copy of the Lumper receipt with the invoice and POD.
200

CARGO CLAIMS

(a) All loss and damage claims must be filed with Sunset Pacific Transportation within nine (9) months of occurrence. (b) Concealed damages must be reported within 24 hours of occurrence. (c ) Claims not filed within allotted time frame will be denied. (d) All Used items, including used machinery, personal belongings, etc. are not covered (e) Commodity must be indicated on the bill of lading (f) Terms and conditions of the provided bill of lading will not apply to the extent inconsistent with the Sunset Pacific Transportation Rules and Regulations Tariff. (g) All cargo claims liability limits and procedures are governed by Sunset Pacific Transportation rules (h) Under no circumstances is Sunset Pacific Transportation liable for indirect or consequential damages, whether or not disclosed or foreseeable (i) The transportation freight rate was provided considering the limits provided in the Sunset Pacific Transportation Rules and Regulations Tariff. A higher declared value above the limits here within, without a request for additional coverage, will not alter carrier liability to limits within the Rules and Regulations Tariff (j) Shipments must be packaged in cartons, crates, or other packaging suitable for transportation by motor carrier. Failure to properly package items may release Sunset Pacific Transportation from any liability for loss or damage. (k) The legal relationship between shipper, consignee, and Sunset Pacific Transportation is governed by a contract of carriage - a different contract from the contract of sale between buyer and seller. If a portion of the shipment is so damaged as to be "substantially worthless", the consignee has the right to reject the damaged goods to the carrier. Otherwise, there is a duty to "mitigate the damage" and the consignee should normally accept the goods and make a reasonable attempt to salvage them (inspect, segregate, repackage, repair, etc) (l) Should the consignee receive damaged goods and wishes to file a freight claim, the consignee must hold these damage items to allow Sunset Pacific Transportation to inspect. Should a freight claim be paid, these goods belong to Sunset Pacific Transportation and must be held for a reasonable period of time for Sunset Pacific Transportation to recover. (m) Sunset Pacific Transportation will not be liable for "Shipper Load and Count (SLC)", "Said To Container (STC)", Sealed trailers, or drop trailers damage or shortages. (n) Bill of Lading provided by shipper must be proper with at least the following information; number of cartons or pieces, detailed description, weight, shipper and consignee information, and prepaid or collect shipment. Claims made against an incomplete Bill of Lading could be denied in full. (o) Sunset Pacific Transportation is not a "Food Grade Hauler" and therefore will not be responsible for any damage or loss to food or beverage products. This includes possible contamination, insects, vermin, rodents, etc. (p) Sunset Pacific Transportation will not be liable for any claim on any shipment that is refused in which a broker or customer authorizes a seal to be broken after pick up from shipper and indicates "to seal (reseal) trailer before delivery"
SUNSET PACIFIC TRANSPORTATION, INC ICC MC-230428
REVISED DATE: 12/1/2016 EFFECTIVE DATE: 1/6/2011
200.1

CARGO LIABILITY LIMIT - LTL (LESS THAN FULL TRUCKLOAD)

(a) All provisions of Tariff 200 (above) must be satisfied (b) Carrier Liability for an LTL shipment under Sunset Pacific Transportation Rules & Regulations Tariff is Limited to the Lesser of: (i) $3.00 per pound for new items or (ii ) $25,000 maximum per shipment or (iii) Actual invoice value of items lost or damaged (c ) With a formal request for higher cargo coverage then indicated in tariff 201.1(b) and the declared value and commodity is clearly indicated on the Bill of Lading or Rate Contract, cargo coverage limits will supersede tariff 201.1(b) (d ) Used items are not covered including used machinery, personal belongings, etc.
200.2

CARGO LIABILITY LIMIT - TL (FULL TRUCKLOAD)

(a) All provisions of Tariff 200 (above) must be satisfied (b) Carrier Liability for a Truckload shipment under Sunset Pacific Transportation Rules & Regulations Tariff is Limited to the Lesser of: (i) $100,000 maximum per shipment or (ii) Actual invoice value of items lost or damaged (c ) With a formal request for higher cargo coverage then indicated in tariff 201.1(b) and the declared value and commodity is clearly indicated on the Bill of Lading or Rate Contract, cargo coverage limits will supersede tariff 201.2(b) (d ) Used items are not covered including used machinery, personal belongings, etc.
202

CREDIT PERIODS

The standard credit period is 15 days, which includes Saturdays, Sundays, and legal holidays. Customers may establish credit periods different from the one mentioned above; however, such credit periods shall not be longer than 30 calendar days. All freight charges are payable within thirty (30) days after the date shown on carrier's freight invoice or there will be interest assessed of 18% per annum.
203

ATTORNEY FEES

Carrier reserves the right to assess reasonable collection agent or attorney's fees in the amount of 25% of the outstanding charges or the actual charges incurred, whichever is greater, in the event that it becomes necessary to employ the use of same in the collection of freight charges.
204

BILLING (3RD PARTY)

(a) When a party other than the consignor or consignee on the bill of lading and shipping order is responsible for paying the freight charges, the name and address of such third party must be placed on the bill of lading and shipping order by the consignor at time of shipment.
(b) When the consignor requests Sunset Pacific Transportation to bill a third party, the shipment must be prepaid. The third part billing does not relieve the consignor of the responsibility of the freight charges if the third party fails to pay such charges within 30 days of delivery.
(c ) The execution of section 7 of the bill of lading by the consignor is not valid on shipments subject to the provisions of this item.
SUNSET PACIFIC TRANSPORTATION, INC ICC MC-230428
REVISED DATE: 12/1/2016EFFECTIVE DATE: 1/6/2011
205

CORRECTED BILL OF LADING

(a) There will be a $50.00 charge for any corrected Bill of Lading. (b) No corrected bill of lading will be accepted after the shipment has been delivered.
206

SERVICE

(a) Sunset Pacific Transportation does not agree to transport shipments on any particular truck nor in time for any particular time or date and will not be responsible for loss, damage, or charges occasioned by delays, but does agree to use all possible diligence in transporting all shipments. (b) Specifically Sunset Pacific Transportation will not be liable for "chargebacks" from retailers or other businesses due to a late delivery, rescheduled delivery, early deliver, delivery after Must Arrived By Date (MABD) and the like unless specifically agreed to in writing and approved by management.
207

HAZMAT / PLACARD LOADS / LOAD REFUSAL

Sunset Pacific Transportation is not an authorized HazMat Carrier and reserves the right to refuse ANY shipment that has the potential for Hazmat or requires placarding. Sunset Pacific Transportation reserves the right to refuse ANY shipment

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