TERMS AND CONDITIONS
RUBICON TRUCKING, LLC. TERMS AND CONDITIONS
AS CARRIER THESE TERMS AND CONDITIONS GOVERN ALL SERVICES BY CARRIER TO SHIPPER. CARRIER AGREES TO PROVIDE THE SERVICES ONLY UPON THE TERMS CONTAINED HEREIN. CARRIER’S ACCEPTANCE OF SHIPPER’S ORDER IS EXPRESSLY MADE CONDITIONAL ON SHIPPER’S ACCEPTANCE OF CARRIER’S TERMS SET FORTH BELOW.
1. In tendering and giving shipments, shipper and or customer agrees to the conditions of the contract which no agent or employee of the parties may alter, and that this Bill of Lading or delivery order is NON-NEGOTIABLE and has been prepared by the shipper or on shipper’s behalf by or for RUBICON TRUCKING, LLC. It is mutually agreed that the conditions of the carriage for this shipment are governed by RUBICON TRUCKING, LLC. tariffs, available for the inspection when sent with this term of conditions or requested by the shipper or customer, which hereby incorporated into the contract.
2. RUBICON TRUCKING, LLC. shall not be liable in any event for any special incident or consequential damages including, but not limited to, loss of profit or loss of income. Whether or not RUBICON TRUCKING, LLC. has knowledge that such damage might be incurred.
3. Shipper or customer warrants that this shipment is packed adequately to protect the shipment and ensure safe transportation with ordinary care and handling any glass, fragile items or electronic equipment must be identified such and be professionally packaged or crated for shipment or any claim will be denied.
4. Due to the inherent nature of the freight business, RUBICON TRUCKING, LLC. does not guarantee delivery by stipulated date or a stipulated time, not RUBICON TRUCKING, LLC. be liable for the consequences of failure to make timely delivery.
5. RUBICON TRUCKING, LLC. shall not be liable by Acts of God, terrorism, public authorities, strikes, labor dispute, weather, mechanical failures, omission of Customs or quarantine officials or civil commotions, riots, fuel shortages, hazard incidents to a state of war.
6. Unless otherwise expressly provided and allowed by law or authorized knowingly by RUBICON TRUCKING, LLC., any shipment prohibited by law, bonds, coins of any kind, currency, furs, fur clothing, gems or stones, industrial diamond, diamonds, gold, silver, coin concentrates, jewelry (other than custom jewelry), money, pearls, precious metals, negotiable securities, time sensitive materials processed films exceeding $500.00 or whichever is less, watches and parts thereof, and such articles mentioned and provided herewith, RUBICON TRUCKING, LLC. shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles. However, described or misdescribed in the air//truck bill, no employee or agent of RUBICON TRUCKING, LLC. has any authority to accept for transportation of such articles or to waive the limitations herein contained.
7. RUBICON TRUCKING, LLC. liability in the absence of authorized and approved by RUBICON TRUCKING, LLC. of a higher declared value for carriage or transportation is limited to $0.50 per pound per piece, but not more than $50 PER SHIPMENT whichever is higher. Declared higher value authorized and approved for carriage or transportation shall be subject to an excess valuation charge.
8. All claims must be received in writing by RUBICON TRUCKING, LLC. within 10 working days after the shipment was received by the consignee or receiver. No claims will be paid until transportation charges have been paid. Claims may not be deducted from the transportation charges. Legal action to enforce a claim must be brought within 1 year after the claim has been denied by RUBICON TRUCKING, LLC. in whole or in part.
9. If this is an international shipment, liability rules under the Warsaw Convention shall apply and RUBICON TRUCKING, LLC. accepts the bill of lading as a shipper’s letter of instruction with authorization to prepare and sign on shipper’s behalf an international air waybill. For international shipments, RUBICON TRUCKING, LLC. reserves the option to act as agent of the shipper, instead of as carrier, in this event the direct carrier’s tariffs shall apply to this shipment.
10. The shipper, consignee and owner of the goods are jointly and severally liable for the payment of and shall indemnify the carrier against all unpaid transportation charges, advances and disbursement of the carrier, said indemnification to include all collection and legal expenses including attorney fees which carrier may incur during the course of any collection, action carrier may take to enforce collection of the delinquent charges due to carrier.
11. RUBICON TRUCKING, LLC. will not be liable for any loss or for any concealed damages in crates or cartons or any packaging when transporting the merchandise.
12. Rates and charges for the shipment will be based on actual or dimensional weight, whichever is greater.
13. If dimensional weight applies under the tariff, show dimensions in inches on the bill of lading thus: LENGTH X WIDTH X HEIGHT / 250.
14. RUBICON TRUCKING, LLC. shall have the right to reweigh freight to check for its correct and accuracy of the freight weight.
15. RUBICON TRUCKING, LLC. shall have the right to substitute alternate carriers or other means of transportation. Select the routing or deviate from regular route to expedite transportation.
1. Invoices are due in full within 30 days. Past due invoices, more than thirty (30) days old, will be charged 1.5% service charge fee per month or maximum amount allowable by law. A $15.00 minimum late charge fee may apply past the 30 days from the due of the invoice.
2. Subject to RUBICON TRUCKING, LLC. discretion, credit qualified customers and may be agreement initially bill an intermediary, the named consignor, or the named consignee in the air waybill or truck bill or bill of lading. All freight charges shall be paid within 30 days on the invoice without offset. Invoices not paid in 30 days shall be subject to interest at 1.5% per month until paid. If collection efforts are required, RUBICON TRUCKING, LLC. to collect any amount due, collection fees at the rate of 25% of $300, whichever is greater, shall apply.
3. PAYMENT TERMS: DUE IN FULL WITHIN 30 DAYS OF INVOICE DATE.
4. RUBICON TRUCKING, LLC. shall have a lien on all shipments in its possession, whether actual or constructive, tendered to it by the shipper for any and all amounts due by the shipper or customer. This shall be a great lien on all shipments for which charges are due. Enforcement of liens maybe on any commercially reasonable terms.
5. DISPUTES: Disputes must be brought to RUBICON TRUCKING, LLC. within 10 days of receiving the invoice by mail or electronically. It is not an excuse for non-payment. All dispute must be cleared in 15 days.
6. COLLECTION POLICIES: a. At 30 days past due – 1.5% per month service fee will be added to invoice amount. b. At 60 days past due – Suspend service. c. At 90 Days past due – Sent to collection and reported to all Credit Reporting Bureaus including Dunn and Bradstreet, and other credit score reporting agencies