WESTERN EXPRESS, INC.     CARRIER TARIFF PROVISIONS

 

Item 10    Applicability.

Applicable to shipments of general commodities between points in the United States transported under other than written and executed negotiated rates and provisions of Shipper/Carrier Contracts.

 

Item 20    Governing Publications.

To extent not inconsistent herewith, governed by Uniform Bill of lading Act and provisions of current edition of Rand McNally PC Miler Practical Miles.

 

Item 30    Liability of Carrier for Loss, Damage, or Delay to Cargo.

 

To extent of Carrier negligence or fault, Carrier shall be liable for loss, damage, or delay to cargo

up to $10,000 per trailer shipment, measured by lower of invoice value, manufacturer’s cost or replacement value, less salvage.

In no event shall Carrier be liable for any indirect, consequential or special damages (including but not limited to, loss of profits, loss of market, loss of customer goodwill, assembly line shutdown, punitive or exemplary damages) regardless of whether the claim sounds in contract, tort, breach of warranty, fraud or otherwise.

All claims for loss, damage or delay to cargo shall be filed with Carrier with in nine (9) months of the date of shipment or such claim shall be forever barred. Filing of such claim within the prescribed time period shall be a prerequisite to filing of any civil action related to loss, damage or delay to cargo. All suits related to the same shall be filed within two years and one day from date of shipment or be forever barred.

Item 40   Rates.

When no other applicable rate applies, $4.00 per mile, for all miles, minimum of $1550.00 per shipment plus assessorial charges and fuel surcharge.

 

Issued:  January 15, 2019                               Effective:  February 15, 2019

Issued By:  Western Express, Inc.

7135 Centennial Place

Nashville, TN 37209