Rules | Sunset Pacific Transportation

Sunset Pacific Rules

Authorities

SCAC CODE – SFPA
FEDERAL I.D. #33-0372309
CONTRACT CARRIER MC 230428
Broker MC 514833
CALIFORNIA INTRA STATE 16208
US DOT 387295

ITEM	RULES AND REGULATIONS
	TARIFF #105
100	LAYOVERWhen layover of driver(s) is required through no fault of carrier, a charge of $400.00 for a single driver and $50.00 for each additional team driver per night will be assessed against the payer of the freight charges.
101	DETENTION (with power)If a vehicle is detained and power to the vehicle is required, a detention charge of $70.00 per hour will be assessed after two hours.
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 detention.
103	[RESERVED]
104	RECONSIGNMENTShipments reconsigned at the request of the shipper will be assessed a charge of $400.00 plus any additional mileage at the current mileage rate.
105	VEHICLE FURNISHED BUT NOT USEDWhen carrier receives a written request to pick up a T/L or Volume LTL shipment or to furnish a vehicle for exclusive use by the requesting party, and a vehicle has been dispatched for such purpose, and due to no disability, fault, or negligence on the part of the carrier, the vehicle is not used for any reason, a charge of $400.00 (for a single driver) or $800.00 (for a team) will be assessed against party making such request.
106	NEW YORK ARBITRARY CHARGEAll shipments made to or from the New York areas of the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Islandwill be assessed an additional charge of $300.00.
107	STOP OFF CHARGESStop off charges: 1st stop $100.002nd stop $150.00 3rd stop $250.00 4th stop $400.00, and each additional stop thereafter
108	ADVANCE FEES(a) COD collection charge – $50.00(b) CFS (Container Freight Station) Advance – $50.00 (c ) Lumper Advance – $50.00
200	CARGO CLAIMS(a) A claim for loss or damage will not be paid unless a claim is filed in writing with Sunset Pacific Transportation within nine (9) months of occurrence, or if a delivery did not occur, within nine (9) months from a reasonable time when delivery should have occurred. The written claim must be filed with the proper carrier within the time limits specified above and (1) contain facts sufficient to identify the shipment or shipments of property involved; (2) assert liability for alleged loss, damage or injury; and (3) make a claim for the payment of a specified or determinable amount of money. Bad order reports, notations of exception on freight bills or other documents, inspection reports or other notations do not comply with the claim filing requirements.(b) Any concealed damages must be reported to the carrier within 24 hours of discovery. (c) Any claim for loss or damage which is not filed within the limitation period set forth in this Item 200 will be denied. (d) Unless otherwise agreed to in writing by Sunset Pacific Transportation, all used, reconditioned or refurbished items, including used machinery, personal belongings, etc., shall not be entitled to a claim for loss or damage under this Item 200 are not covered. (e) The supplier must ensure that the appropriate description of the commodity is clearly indicated on the bill of lading. (f) In the event the terms and conditions of the provided bill of lading are inconsistent or conflict with the Sunset Pacific Transportation Rules and Regulations Tariff, including any purported waiver of rights and remedies, the Sunset Pacific Rules and Regulations Tariff shall control. (g) All cargo claims, liability limits and procedures are governed by Sunset Pacific Transportation Rules and Regulations. (h) Under no circumstances shall Sunset Pacific Transportation be held liable for any indirect, incidental, special or consequential damages, regardless of whether such damages are known, 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 herein, without a request for additional coverage, will not alter carrier liability limits within the Rules and Regulations Tariff. (j) Shipper is solely responsible to ensure that all shipments are properly packaged in cartons, crates, or other packaging suitable for transportation by motor carrier. Shipper agrees that all information provided to carrier shall be true, accurate and complete in all material respects and that it has, and will continue to comply with all laws and regulations regarding the shipment of items in, through, or upon the United States. 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 the bill of lading or other 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. Notwithstanding the foregoing, there is a duty to “mitigate the damage” and the consignee should normally accept the goods and make a reasonable attempt to salvage such items (inspect, segregate, repackage, repair, etc). (l) Should the consignee receive damaged goods and desire to file a freight claim, the consignee must hold and secure the damaged items to allow Sunset Pacific Transportation sufficient time to inspect. Should a freight claim be paid, these damaged goods shall become the sole properly of Sunset Pacific Transportation and must be held for a reasonable period of time for Sunset Pacific Transportation to recover.
201.1	CARGO LIABILITY LIMIT – LTL (LESS THAN FULL TRUCKLOAD)(a) All provisions of Tariff Item 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) The actual loss or injury to the property; or (iv) The value of the items identified in a written declaration of the shipper, or by an agreement between the shipper and carrier. (c) With a formal request and approval by Sunset Pacific Transportation for higher cargo coverage then indicated in Item 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 Item 201.1(b). (d) Used, refurbished or reconditioned items are not covered including used machinery, personal belongings, etc.

201.2	CARGO LIABILITY LIMIT – TL (FULL TRUCKLOAD)(a) All provisions of Item 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) The actual loss or injury to the property; or (iii) The value of the items identified in a written declaration of the shipper, or by an agreement between the shipper and carrier. (c ) With a formal request and approval by Sunset Pacific Transportation for higher cargo coverage then indicated in Item 201.2(b) and the declared value and commodity is clearly indicated on the Bill of Lading or Rate Contract, cargo coverage limits will supersede Item 201.2(b). (d ) Used, refurbished or reconditioned items are not covered including used machinery, personal belongings, etc.
202	CREDIT PERIODSThe standard credit period is 15 days, which includes Saturdays, Sundays, and legal holidays. Customers may establish credit periods different from the one mentioned above, provided such credit periods have been approved in writing by Sunset Pacific Transportation. In no event shall any credit periods be longer than 30 calendar days. All freight charges are payable within thirty (30) days after the date shown on carrier’s freight invoice. Any payments not received within the thirty (30) day period will incur interest at a rate 18% per annum, or the maximum amount permitted by law.
203	ATTORNEY FEESCarrier reserves the right to recover all costs and expenses incurred by carrier to enforce the payment obligations of consignor or other responsible party, including all collection agent costs or attorney’s fees. In the event carrier commences formal legal action against consignor or other responsible party for the collection of outstanding freight charges, carrier, as the prevailing party shall be entitled to all attorney’s fees and costs associated with enforcement of carrier’s rights.
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 clearly identified 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. Such third party billing does not in any way relieve or excuse the consignor of its responsibility to pay any of the freight charges, or other charges. No purported waiver shall be binding unless such waiver is executed in writing by the party making the waiver. (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 204.
205	CORRECTED BILL OF LADING(a) There will be a $50.00 charge for any corrected bill of lading requested by the consignor.(b) No corrected bill of lading will be accepted after the shipment has been delivered.
206	SERVICESunset Pacific Transportation does not represent or agree to transport shipments on any particular truck nor that any delivery will be made at any particular time or date and shall not be responsible for any loss, damage, or charges occasioned by any delays, but does agree to use all possible diligence in transporting all shipments.