Limited Liability and Cargo Loss or Damage
Issue Date: 12/14/2018 (3rd Revised)
Effective Date: 1/15/2019
Part I: Limitation of DUBL's liability
- Except as otherwise more specifically provided, DUBL’s maximum liability for cargo loss or damage shall be limited as follows, not to exceed $100,000.00 per shipment (whichever is less).
- Actual Invoice Value, or:
- Limited Liability provisions shown on the bill of lading, or:
- Applicable Released Value or Actual Value liability Provisions of the STB NMF 100 series, or:
- $15.00 per pound per package, whichever is less.
- When charges are determined using a Class from STB NMF 100 Series, a Class Exception or Freight, All Kinds (FAK) rating, DUBL’s maximum liability will be the lesser of the following, not to exceed $100,000.00 per shipment (whichever is less).
- Actual Invoice Value, or:
- Limited Liability provisions shown on the Bill of Lading, or:
- Applicable Released Value or Actual Value Liability Provisions of the STB NMF 100 series, or:
- As stated in the table below, DUBL’s maximum liability is the value shown in Column B, for the respective class in column A, which is applicable to the article or articles in the shipment.
Column A Class Column B Maximum Liability 50 $1.00 55 $2.00 60 $2.50 65 $4.00 70 $6.50 77.5 $8.00 85 $8.55 92.5 $9.80 100 $11.05 110 $12.30 125 $13.55 150 $14.80 175 $15.00 200 $15.00 250 $15.00 300 $15.00 400 $15.00 500 $15.00
- On Shipments handled by DUBL in connection with another carrier (Either Motor, Water or Rail), DUBL’s maximum liability, in the event of loss or damage, will in no case exceed the maximum liability of the other carrier. For example: If the other carrier’s maximum liability is $5.00 per pound per package, the maximum carrier liability of the other carrier and DUBL will be $5.00 per pound, per package.
- Liability for loss, damage, or destruction to any shipment or part thereof of the following commodities will be limited to a released value per pound as shown below:
Limit of Liability per Pound Description NMFC# Maximum Payout per Occurrence $1.00 Spot, Volume Quote, Pallet Rate, or Volume/Truck Load Rate $20,000 $0.10 Articles used, reconditioned, refurbished, remanufactured, rebuilt, or uncrated including but not limited to the following commodities and their components All $0.10 Automobile Parts 17800-20252 excluding 20020 $1.00 Barbeques, Fireplaces, outdoor reinforced concrete 69330-69500 $0.10 Electrical Equipment 60500-63561 excluding 63035-63325 $0.10 Glass and Glassware Group 86500-86960 & 87500-88660 $0.10 Machinery 114000-133320 excluding 114125-114126 & 116030 & 118250 &118100 & 124000- 124370 $0.10 Vehicles other than self- propelled 188500-189860 $10,000 $0.10 Lamps or Lighting Group 109000-109950 $10,000 $0.10 Personal Effects (other than government van packs or crates) 100200-100260 $0.10 Property bought from companies including, but not limited to, eBay, Amazon, or others, or any shipments Not New merchandise. All $1.00 All coolers, Air Conditioners, Air Handlers, or Heat Pumps 114125-114126 $0.50 Cooler group & Appliances & Boilers, Furnaces, Stoves and related articles 53000-53220 & 124125- 124355 & 124000-124370 & 25400-27660 $2.00 Compressors or air ends, NOI 118100 $1.00 Computers, Fax, Copy Machines, and their components 116030 & 118250 $0.50 Furniture and other related items 79000-82670 & 82750-83640, 83760 $0.10 Cigarettes, Cigars, and Smokeless Tobacco Products 47760-47840, 183200 $0.50 Spa Covers 181990 $1.00 Boating Group, surfboards 23525-24500 & 15520 $2.00 Plumbers goods 158000-159630 $1.00 Metal Tool Boxes, metal File Cabinets, Pet Carriers, Metal Partitions and Shelving
29790, 36860, 36870, 36880, 39272, 39340, 39455, 39460, 80250, 82360, 82500, 160940, 164150
$2.00 Televisions, LCD, Plasma, Projection, and Electrical related items 63035-63325 $2.00 Wheels, Chrome, Magnesium, Aluminum or other than Steel 197592, 20020 $2.00 Awnings 33800 $0.10 Safes 172260-172280
Chalk or White Boards
Carpet in Rolls
Games, coin or currency operated
Machines, merchandise vending (Vending Machines), coin or currency operated
170350, 170370, 170372, 170374, 170376, 170570, 170580, 170582, 170583, 33945, 36005
60680, 60700, 194320, 64680
- The term “package” means any primary shipping package authorized by the provisions of individual tariffs or STB NMF series. 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 additional complying package, the maximum liability of DUBL will be determined by separately multiplying the weight of each individual package lost or damaged “times” the maximum liability per pound.
- Liability for loss, damage or destruction of property being returned to the original shipper, which was not initially transported by DUBL from the original shipper, will be limited to lost freight only and DUBL will not be responsible for damages
- Liability for loss, damage or destruction of property being returned to the original shipper, which was initially transported by DUBL from the original shipper and delivered without Exception, when DUBL is not given an opportunity to inspect prior to return, will be limited to lost freight only and DUBL will not be responsible for damages
- Liability for loss, damage or destruction for freezable cargo shall be subject to the limitations as provided in DUBL freezable policy. Unless the Bill of Lading is clearly marked as "Heater Service Required", DUBL will not be liable for loss, damage or destruction resulting from failure to furnish required protection.
- Corrected Bills Of Lading or letters of authority to change or Add Class Ratings after delivery of the shipment shall not be accepted by DUBL to determine liability.
- When DUBL performs a cross dock service on behalf of a customer to load or unload containers, Trailers or performs similar cross dock operations, for prior or subsequent transportation, DUBL’s liability shall be limited to $0.50 per pound per package or actual loss, whichever is less.
- The provisions named above will not apply on commodities subject to specific released or actual value in items contained in STB NMF 100 series, but in no case will DUBL’s liability exceed that outlined in Paragraph 2 & 3 of this part.
- Liability for damage due to inadequate packaging from the shipper but inadvertently picked up by DUBL will be limited to $.10 per pound.
Part II: Limitation of DUBL’s Liability: ‘Other Than New” Commodities
- If the shipper declines or fails to declare the value or agree to a released value not exceeding $.10 per pound per package, the shipment will not be accepted. If shipment is inadvertently accepted it will be deemed to have been tendered subject to terms on file with DUBL without benefit of any discount that would otherwise apply had the shipment been released to a value not exceeding $.10 per pound.
- Failure of the shipper to declare the commodity as "other than new" will not alter the application of this part.
- Liability for loss, damage or destruction of an Interplant Move will be limited to $1.00 per pound per package. An Interplant Move is a shipment by a company from one of its facilities to one or more of its other facilities or facilities of its divisions or subsidiaries of any items that are not manufactured or distributed by the company as part of its normal business operations. Facilities of a company include, but are not limited to, its offices, warehouses, distribution centers or manufacturing facilities.
Part III: Limitation of DUBL’s Liability: Air Freight
DUBL maximum liability for cargo loss or damage on property which is part of a continuous movement which has been or will be transported by an air freight carrier will be:
On Domestic Traffic:
Maximum Liability Per Shipment ........................................ $ 100.00
On International Traffic (the less of):
Maximum Liability Per Shipment......................................... $ 100.00
Maximum Liability Per Pound ............................................. $ 9.07
Part IV: Limitation of DUBL’s Liability: Priced per Handling Unit (Per Pallet, Per Piece, Per Drum Etc.)
- DUBL’s Liability for loss, damage, or destruction to any shipment or part thereof, that has been priced per handling unit (per piece, per pallet, per drum, etc.), is limited to the (1) actual invoice value of the commodities or articles lost, damaged or destroyed; (2) limited liability provisions of the Bill of Lading; (3) applicable limited liability provisions of the NMFC or as noted in Item 570; or (4) one dollar ($1.00) per pound per package; whichever is less.
- Should the shipment or any part thereof be on shrink wrapped pallets when unloaded, DUBL will count and check the pallet as one (1) unit and will not be responsible for individual piece count on the pallet with delivery of the pallet intact, to the Consignee.
- Shipments tendered to DUBL on a shrink wrapped pallet, shall be signed for nn Shrink wrapped Pallets/Skids or _nn___ SWP/SWS. When a shrink wrapped pallet/skid is delivered intact, the shrink wrap unbroken, DUBL shall assume no liability for loss or damage discovered therein (concealed damage) either at delivery or after delivery has been performed.
- DUBL will not have any liability for pallets which are improperly loaded on DUBL trailer by shipper including but not limited to freight hanging over the edges of the pallet.
- In all cases, the weight of the pallets, platforms or skids shall not be included when determining the liability coverage or maximum liability.
Part V: Limitation of Liability concealed Damage
- DUBL will investigate claims for concealed loss or damage (loss or damage not notated at time of delivery or at least not reported to the DUBL within a reasonable time immediately after delivery). These claims will be handled based on the individual merits of each. Delivery notations such as “subject to inspection” are not delivery notations and these delivery receipts will be considered clear and without exception. Claims for concealed damage must be submitted within five (5) calendar days of delivery so DUBL can respond with a proper inspection of the freight and circumstances. All packing materials must be available at the place of delivery. Failure to advise DUBL timely will lead to the claim request being denied.
- DUBL’s maximum liability will be as defined in Parts I, II, II, & IV of this rule and as further defined in this part. Each point of exposure is calculated to determine a final maximum liability. The probability of concealed damage occurring at any one of the points of exposure is just as great as the exposure while in the possession of DUBL. The least number of points of exposure is three (3). That is the Manufacturing facility, DUBL transporting, and the receiving location. Shipments from Distributers, Wholesalers, Warehouses, and other such locations have a minimum of 5 points of exposure. In the case of the latter, DUBL’s probability of incurring damage or loss during transport is 20%. The other wise Maximum liability as stated in this item (Item 570 DUBL 125 series) is reduced to 20% of that liability.
- Evidence of neglect, carelessness, mishandling, abuse, etc must be established to support liability for concealed damage. Claims for units delivered clear and without evidence of mishandling will not be honored.
Part VI: Limited liability on missing, incomplete or incorrect commodity descriptions on shipper completed Bills Of Lading.
If Shipper or Shipper‘s Agent has elected to supply and complete his own Bill of Lading or to complete a Uniform Straight Bill of Lading or a Bill of Lading form provided by DUBL for shipper completion, and fails to provide a freight description, or a complete freight description, or describes the freight incorrectly on the Bill of Lading (misrepresentation) or uses a description of “FAK” or “Freight All Kinds”, or other language that does not properly identify the commodities shipped, and then subsequently files a claim for shortage or damage, DUBL‘s liability will be determined as follows:
- Failure to provide a description or providing an incomplete description:
In cases of incomplete or missing descriptions, DUBL‘s liability will be limited to the lesser of its maximum liability per pound per piece for NMFC Class 50 freight, and any other limitations that may be applicable.
- Freight is described incorrectly (misrepresentation):
DUBL shall be absolved of any freight claim liability. Falsification of freight descriptions by shippers for purposes of securing lower pricing or for any reason whatsoever shall void the Bill of Lading Contract of Carriage and release DUBL from freight claim liability. For example, if a shipper tenders a crate of expensive alloy assemblies described as scrap iron and later files a claim for loss or damage, the DUBL shall have no liability and claim will be denied.
- Freight is described as “FAK” or “Freight All Kinds” with exception class provided but no further description:
- If shipment is a total loss (meaning freight was lost or stolen and not available for determination of actual class) DUBL‘s liability shall be limited to its maximum liability per pound per piece for NMFC Class 50 freight. FAK exception ratings are established for rating purposes only, and have no direct bearing on the actual class of specific shipments. FAK ratings are normally established based on the weighted average class of a multiple number of shipments and therefore the “FAK” rating does not imply the actual class of a specific shipment. An FAK 70 rating for example, could apply to actual classes 50 through 125. Thus, without a specific commodity word description on the Bill-of-Lading as required by Item 360 of the NMFC, DUBL‘s liability will be limited to its maximum liability per pound per piece for NMFC Class 50 freight.
- If shipment is not a total loss, DUBL‘s liability will be based on the lower of the rated or actual class. If actual class cannot be determined then DUBL‘s liability will be based on Class 50.
- In any of the scenarios described above where DUBL‘s liability is based on NMFC Class 50, DUBL‘s liability may be further limited by other limitations described in this tariff if applicable. For example, if shipper fails to provide a commodity word description and a damage claim is filed and it is determined that the commodity shipped is “used” or “other than new” then DUBL‘s liability may be limited to $0.50 per pound per piece by PART II of this item DUBL 125 series.
Part VII: Articles of Exraordinary Value
Any Effort to request excess liability coverage or declare a value in excess of the maximums allowed in this tariff is null and void, and the acceptance for carriage of any shipment bearing a request for excess liability coverage or a declared value in excess of the allowed maximums does not constitute a waiver of any provisions of this tariff as to such shipment. Shipments that are inadvertently accepted that exceed these limitations will only be covered by the liability limitations shown in DUBL rules.