100 DCTC will assume liability for cargo loss and damage claims under the federal laws applicable to common carriage on the date of the shipment and the terms and conditions of the Uniform Straight Bill of Lading, except as shown herein, or to the extent specifically outlined in participating tariffs or contracts. DCTC will investigate and dispose of claims as set forth in 49 C.F.R., Part 370, and NMFC 100 Series, Item 300100 through 300155.

100.1 All claims for loss and damage must be filed in writing within nine months after the delivery or reasonable time for non-delivery has elapsed. When claims are not filed within the prescribed times, such claims shall be barred and not paid.

100.2 Any lawsuits for loss and damage shall be instituted no later then two years and one day from the date when written notice is given to the claimant that it has declined the claim or parts of the claim. Where claims are not filed or lawsuits instituted within the allowed time periods for filing they will be disallowed.

100.3 DCTC maximum liability will be.

1. The lowest released value in DCTC 101, NMFC 100, DCTC Class Rate Limit of Liability, and C.O.G.S.A...
2. $20.00 per pound per package or $100,000.00, whichever is lower.
3. The provisions of the Bill of Lading.
4. Excess coverage can be obtained by contacting DCTC or a written request to DCTC addressed to Marshall Progebin or Dave Flagg. Email address: mprogebin@alliance.com or dflagg@alliance.com. Charges for excess liability will be applied after the request in writing or email has been approved by an authorized representative of DCTC.
5. In no case shall DCTC be liable and disclaims responsibility for indirect, incidental, consequential, special punitive or multiplied damages, indirect costs, lost profit or fees, or charges of any kind arising from any freight claims, including delays, or omissions of DCTC, foreseeable, disclosed or not.
6. DCTC will not be responsible for any liability provided on Bills of Lading and will not be responsible for any penalties, late fees, or similar charges, regardless if shown on the Bill of Lading. Driver’s signature does not indicate acceptance of aforementioned items.
7. DCTC will not be liable for any penalties, costs, fine, or charges, resulting from missed delivery appointments. The fee, penalty, or any cost, is an agreement between consignor and consignee and not Direct Coast to Coast.
8. DCTC will not pay administrative costs, fees, or interest charges, regardless of the amount associated with processing of claims.
9. DCTC will not pay labor charges over $50.00 per hour.
10. The failure of the consignor or consignee to allow a driver at the back of a truck to verify count or condition of shipment being received will cause a claim for loss or damage to be denied without recourse.
11. DCTC Class Rate Limit of Liability is based on

100.4 On shipments of articles described in the NMFC Item 60500 thru 63540 the shipper must show the actual value of such articles on the bill of lading at the time of shipment. When the shipper does not comply with such requirements, DCTC maximum liability will be $5.00 per pound. The provisions of this item do not apply on any articles for which specific released provisions are provided. The maximum liability will apply unless a lower limit of liability will apply in the NMFC or in DCTC Class Rate Limit of Liability, as noted.

100.5 On Shipments of original artwork, DCTC liability will be limited to $.50 cents per pound, in the event of loss and damage.

100.6 On shipments described in NMFC Item 79000 thru 83650, Furniture and Furniture Parts Group, DCTC liability shall be limited to $1.00 per pound in the event of loss and damage.

100.7 Shipments tendered on plastic, shrink wrapped, skids, shall be signed for as (number of skids) (shrink wrapped skids). When shrink wrapped skids are delivered intact, DCTC will assume no liability for loss or discovery of such, either at delivery or after delivery.

100.8 On shipments described in NMFC 11400 thru 133454, Machinery Group or Parts, Other Than New, will be accepted for transportation only when the shipper releases the value not exceeding $.50 cents per pound. Failure of the consignor to declare the commodity as used shall not alter the application of the item. The provisions of this item do not apply on any articles for which specific release values are provided.

100.9 FAK, when referring to DCTC liability will not exceed the maximum liability for the classes provided below.

100.10 DCTC liability will be that of the same FAK class exception. Example: An actual Class 125 reduced to an FAK or Exception Class 70 will be subject to the maximum value per pound, per package, as Class 70. DCTC liability for loss or damage to any articles determined by FAK Class or Exception Class is limited to:

1. The actual cost
2. RVNX of the NMFC
3. DCTC Class Rate Limit of Liability

100.11 Cigarettes will not be accepted but if inadvertently accepted, DCTC Limitation of Liability will be $50.00 per bill of lading lost or damaged, with a maximum of $100,000.00.

100.12 Carpets, Carpeting or Remnants Commodities described in Note A below will be released to a value not exceeding 1/3 of the full value. Maximum liability will not exceed $10.00 per square yard. Number of yards must be shown on the bill of lading. (Note A – NMFC Item 7060, 70660, 70670, 70680, 70682, 70915).

100.13 Incandescent, Fluorescent, or any other type of lighting tube or bulb. Shipments will be accepted for transportation only when the consignor releases the value to $0.10 cent per pound. If the consignor fails to declare the value to $0.10 cents per pound the shipment may be accepted and considered shipped as being released at $0.10 per pound.

100.14 Restricted Commodities.

1. All shipments containing articles requiring protection from heat and cold, DCTC does not offer protective service of any kind. If a bill of lading is accepted inadvertently with a notation requiring protection the shipper will be solely responsible and liable for penalties or damages.
2. All shipments tendered with improper, inadequate, or insufficient packaging.
3. All shipments containing articles, because of their bulk, length, width, or height that cannot be safely stowed in a trailer or container.
4. All shipments which contain articles liable to impregnate or otherwise damage equipment or freight.
5. All shipments which contain, in whole or part, articles prohibited by law.
6. All shipments which contain items of unusual value.
7. Automobiles
8. Bullion
9. Carbon Black
10. Fish, Clams, Crabs, Oysters, or Shrimp
11. Flora Fauna
12. Furs
13. Hides green or wet
14. Jewelry, Watches, etc.
15. Precious Metals, Platinum, Gold or Silver
16. Precious Stones
17. Securities, Stamps, Stocks, Letters, or other valuable papers
18. Statues, Paintings and Works of Art
19. Poison Gas
20. Hazardous Waste
21. PCBs
22. Firearms (Assembled or in Parts)
23. Radioactive Materials (Class 7)
24. Poisons or Infectious Substances (DIV 6.2)
25. Explosives Division 1.1, 1.2, and 1.3
26. Nitro Cellulose

In the event DCTC unknowingly accepts cargo named in this item, inadvertently or due to mis-description of the restricted commodity or commodities, DCTC will hold the shipper solely responsible and liable for injuries, penalties, or damages, resulting from such.

100.15 Refused, Unclaimed, or Undelivered Freight.

1. All non-perishable freight refused, unclaimed, or undelivered, for any reason beyond DCTC’s control, will be returned to the nearest terminal to await disposition by the owner. Consignee will be allowed 24 hours free time, following the date on which such notification is mailed, to furnish disposition of shipment. If such disposition is not furnished within the free time, the shipment will be subject to applicable storage charge. Warehouseman’s liability applies.
2. All perishable freight refused, unclaimed, or undelivered, for any reason beyond DCTC’s control, will be disposed of according to the terms of section 4 of the contract terms and conditions of the bill of lading as provided in the National Motor Freight Classification.

100.16 PAYMENT OF FREIGHT CHARGES.

DCTC is not required to deliver or relinquish possession of any freight until all rates and charges have been paid. Claims for freight loss or damage will not be allowed to offset against freight charges. Set Off is prohibited.

1. CREDIT PERIOD. The credit period begins on the day following freight bill presentation which is defined as the date the bills are mailed to the party responsible for freight payment, except when electronic billing or funds transfer is the billing method. The time of the presentation is the day on which billing information is done electronic
2. The credit period shall run for a period of 30 days including Saturday, Sunday, and Holidays. If the 30th day falls on any of the foregoing, the period will be extended to the following day.
3. On prepaid shipments DCTC will present all freight bills within 7 days. The same will apply on all collect shipments.
4. The elimination of any discount will be applied if not paid within the allowed time period of 30 days or any contractual time period which differs from the 30 days allowed.
5. Checks received for payment of freight charges which are returned to Direct Coast to Coast by the bank due to insufficient funds or any other reasons not the fault of DCTC will be subject to a charge by DCTC, including any service charge by the bank.

100.17 COLLECT ON DELIVERY (COD SHIPMENTS).

Collect on Delivery Shipments (COD) will be accepted subject to the following provisions.