RHWG 114C EFFECTIVE 09/10/2007
000 DEFINITIONS 000
For the entirety of this, and only this document the following
definitions will be used:
a. “Redhawk” shall mean Redhawk Global, LLC d/b/a eFreightLine.com,
its subsidiaries, related companies, agents, and/or
representatives.
b. “Customer” shall mean the person or company for which Redhawk
is rendering service and whose name and address is given on any
set-up documents such as New Account Application, LTL Shipment
Order or any other such documents establishing payment terms
between Redhawk and the entity to which services are rendered.
c. “Carrier” shall mean the duly licensed contract motor carriers,
common motor carriers, intermodal service providers, freight
forwarders, and other couriers with whom Redhawk contracts for
the transportation of freight tendered to Redhawk by Customer.
d. “Consignee” shall mean the site, whether residential or
commercial, to which freight is destined.
e. “Consignor” shall mean the site, whether residential or
commercial, from which the freight is picked.
f. “Rate Estimate” (or “Quote”) shall mean a rate given by
Redhawk, in writing, to Customer. This will also include any
additional services included in the rate.
g. “Dedicated” Shipments are any shipments in which Customer gets
exclusive use of Carrier’s vehicle in which freight is to
travel.
h. “LTL” Shipments are any shipments that utilize the provisions
contained in the National Motor Freight Classification
including, but not limited to, commodity description, classes,
rules, packaging definitions or specifications or bill of
lading formats.
i. “Partial” Shipments are any shipments in which Customer does
not get exclusive use of Carrier’s vehicle in which freight is
to travel, excluding LTL shipments.
j. “Flatbed” Shipments are any shipments which travel on a trailer
without walls or a roof.
k. “Enclosed” Shipments are any shipments which travel in a trailer
with walls and a roof.
l. “Intermodal” Shipments are any shipments which utilize more
than one mode of transit.
m. “Live” (un)loading is any (un)loading that occurs while driver
and truck are at the (un)loading site.
n. “Over-Dimensional” is any shipment that requires permits issued
from State and/or Federal Governments to legally travel due to
the physical length, width, and/or height of the commodity being
shipped.
o. “Over-Weight” is any shipment that requires permits issued
from State and/or Federal Governments to legally travel due to
the weight of the commodity being shipped.
p. “Business Days” are defined as Monday, Tuesday, Wednesday,
Thursday, and Friday excluding national holidays.
q. “NMFC” is National Motor Freight Classification, a governing
body for LTL Carriers.
r. “Truck” or “Vehicle” means any vehicle or vehicles propelled
or drawn by a single mechanical power unit, including, but not
limited to, any attached trailers, containers, or other hauling
equipment, and used on the highways in the transportation of
property.
s. “Terms” and “Publication” shall refer to this Terms, Conditions
and Accessorial Charges for Services Offered document or any
applicable portion thereof.
100 GOVERNING PUBLICATIONS 100
a. Governing, Classification NMFC 100
b. Mileage, Pro Miles
c. Hazardous Materials, CFR (Code of Federal Regulations) Title
49, Chapter I
d. Insurance Claims Policy, 49 CFR 1005 and 49 CFR 370
e. Zip Codes, USPS 5 Digit Zip Code Directory
f. Postal Codes, Canadian Postal Code Directory
105 OPERATING AUTHORITY 105
a. Redhawk is an authorized broker of general freight under the
license of the United States Department of Transportation
MC-482979-B, issued April 23, 2004.
b. Redhawk is an authorized broker of household goods under the
license of the United States Department of Transportation
MC-482979-B, issued May 27, 2004.
106 BOND/BROKER TRUST FUND 106
a. Bond issued by 1st Security Financial Corporation existing
under the laws of the State of New Mexico on April 20, 2004.
b. License Number: MC-482979
107 INSURANCE 107
a. The insurance policy Redhawk maintains is for cargo contingency
purposes only. It can protect Customer’s freight in the case
Carrier’s policy does not suffice.
b. Issued by Clarendon America Insurance Company.
c. Policy Number: DSHA00001651
110 SHIPMENTS GOVERNED BY THIS PUBLICATION 110
This publication will apply to the first and all subsequent
shipments scheduled by Customer to Redhawk unless these rules
are altered, amended or modified per Item 950 below or replaced
by a newer version.
111 GOVERNING TERMS 111
The General Rules Tariffs of Carrier will in every instance take
precedence in all legal proceedings and when applicable, will
take precedence over Redhawk’s Terms. If an item is not addressed
in Carrier’s General Rules Tariff Redhawk’s Terms will govern.
In the event of a conflict between Carrier’s General Rules Tariff
and Redhawk’s Terms, Carrier’s General Rules Tariff shall govern.
Carrier’s General Rules Tariffs are available upon request.
120 PRIVACY POLICY 120
Any information provided by Customer to Redhawk is protected by
and handled in accordance with Redhawk’s Privacy Policy which
can be accessed at http://www.efreightline.com/privacy.
150 CUSTOMER’S WARRANTIES 150
Customer is responsible for and warrants their compliance with
all applicable laws, rules, and regulations including but not
limited to customs laws, import and export laws and governmental
regulation of any country to, from, through or over which the
shipment may be carried. Customer further warrants that it is
registered and in compliance with the security plan and training
requirements, and any amendments related thereto, related to
hazardous materials, 49 CFR 172.701-704, and 49 CFR 172.800-804.
Customer further warrants that it will immediately advise Redhawk
in the event that its registration and/or compliance with these
regulations expires or is terminated. The Customer agrees to
furnish such information and documentation as necessary to
establish its compliance with such laws, rules and regulations.
Redhawk assumes no liability to the Customer or to any other
person for any loss or expense due to the failure of Customer to
comply with this provision. Any individual or entity acting on
behalf of Customer in scheduling shipments hereunder warrants
that it has the right to act on behalf of Customer and the right
to legally bind Customer. Customer agrees to indemnify Redhawk
for any and all claims or damages incurred as a result of
Customer's failure to comply with these provisions.
300 CONTRACTOR STATUS 300
Redhawk functions as an independent entity and not as a Carrier
in selling, negotiating, providing or arranging transportation.
Redhawk shall perform its services as an independent contractor
and not as an employee or agent of Customer. Redhawk shall have
exclusive control and direction of personnel operating its business
while engaged in providing services hereunder.
301 BROKER STATUS 301
Redhawk is a freight Broker and NOT a freight carrier. Redhawk
reserves the right, in its sole discretion, to refuse any shipment
at any time.
320 DISCLAIMERS; LIMITATION OF LIABILITY 320
Except as specifically set forth herein, Redhawk makes no express
or implied warranties in connection with its services. In no event
shall Redhawk be liable or responsible for consequential indirect,
incidental, statutory or punitive damages even if it has been put
on notice of the possibility of such damages.
400 RATE ESTIMATES/QUOTES 400
a. Rates do not constitute an offer to sell goods or services
and shall therefore be treated as an invitation for the buyer
to submit offers. Rate quotations are always subject to vehicle
availability and may change.
b. All rates include or assume the following unless otherwise
specified:
i. Proper loading facilities and equipment at the Consignee
and Consignor.
ii. At least 1 (one) full business day notice will be given by
Customer to Redhawk prior to shipping. Providing less
than 1 (one) full business day can affect the quoted rate.
iii. Proper blocking and bracing of freight will be
performed/arranged by the Consignor.
iv. Driver assistance is not required and will not be provided
unless specifically stated on the Rate Estimate.
v. Loading and unloading time will not exceed the 2 (two) free
hours included in each stop for dedicated shipments, 1 (one)
hour for partial shipments and 1.5 (one and one-half) hours
for intermodal shipments.
vi. Proper information will be provided by the Consignor on the
Bill of Lading for the complete order. This condition is not
applicable when the Bill of Lading is provided by Redhawk.
vii. The weight and dimensions of the shipment are legal for
the type of vehicle indicated in instances when weight
and/or dimensions are not provided by Customer at the time
of the quote.
viii. Lumpers, forklifts, cranes, booms, pallet jacks,
blankets, logistic straps or other specialized equipment
are not required unless specifically requested and noted
on rate estimate.
ix. Consignee and Consignor sites are commercial locations
unless specifically indicated otherwise on the Rate
Estimate.
x. Neither tarps nor chains are required for flatbed loads
unless indicated otherwise. Straps are included.
xi. Spring ride suspension might be provided unless Customer
specifically requests Air Ride or other type of suspension.
This request must also be specifically in writing.
xii. All freight is to be live-loaded and live-unloaded
unless specifically stated otherwise.
410 TENDERING SHIPMENTS 410
a. A Shipment Confirmation and/or an LTL Shipment Order form will
be given to Customer for Customer’s first and subsequent
shipment with Redhawk. This document contains the rate for
the shipment and other indispensable information such as
Consignee, Consignor, mode of transit, pickup date, freight
information, payment method, services and additional insurance
offered by Redhawk and its vendors.
b. Carrier vehicle is not secured for Customer’s shipment until
the Shipment Confirmation or LTL Shipment Order with a signature
by an authorized representative of Customer is on file with
Redhawk. Failure can result in a cancellation of the load and
a Load Cancellation fee (see Item 415).
412 IMPERFECT TENDER 412
If the information provided to Redhawk regarding a shipment changes
after the Bill of Lading is issued (for LTL freight) and/or the
Shipment Confirmation or LTL Shipment Order is signed a minimum
fee of $35 will be assessed. Such changes can also result in delay,
cancellation or change in service and/or rate for said shipment.
The information subject to this rule includes, but is not limited
to Consignee/Consignor information, freight description,
transit/service requirements and/or pickup/delivery days/times.
415 LOAD CANCELLATION 415
If, after signing a Shipment Confirmation and/or an LTL Shipment
Order a shipment is cancelled by Customer the following fees can
be assessed:
a. Loads requiring permits
i. $300 PLUS applicable permit fees if the freight is Over-
Dimensional or Over-Weight and/or otherwise in need of
special permits if cancelled within 72 hours of scheduled
pickup.
ii. No cost if cancelled before 72 hours of scheduled pickup.
b. Non-Permitted loads
i. $150 - $250 fee if cancelled after vehicle has arrived at
Consignor for loading.
ii. $75 - $150 fee if cancelled less than 24 hours prior to
pickup AND vehicle is not at Consignor for loading.
iii. No fee is assessed if the load is cancelled more than 24
hours prior to planed pickup (except for Over-Dimensional
or Over-Weight freight as described above).
417 GUARANTEED SERVICES 417
Guaranteed service is available for shipments tendered to an LTL
carrier only. Guarantee must be expressly stated on the Shipment
Confirmation or LTL Shipment Order for the shipment in question.
The guarantee is for the days in transit only which do not include
the day of pickup, weekends or national holidays or delays due to
Force Majeure (Item 840). When a guaranteed delivery date is
missed Customer’s recourse is limited by the rules and regulations
of the contracted LTL Carrier. This service is not a guarantee of
pickup, rather delivery contingent upon pickup.
420 BILL OF LADING 420
a. The Bill of Lading is the document that accompanies all
shipments.It is the underlying contract of carriage containing
legally binding terms.
b. If shipping via LTL the Bill of Lading given to Carrier’s
driver at the time of pickup MUST be the one provided to
Customer by Redhawk (see Item 510).
c. Any Bill of Lading generated by Consignor, Consignee, and/or
Customer must NOT show Redhawk as the Carrier.
422 NECESSARY DOCUMENTATION 422
If Customer does not complete all documents required for legal
carriage, or if any completed documents are not appropriate for
the service offered by Redhawk, Redhawk may, where permitted by law,
complete, correct or replace said documents at the expense of
Customer, however, Redhawk is not obligated to do so. Redhawk is not
liable to the customer or any other entity for any actions taken
on behalf of Customer under this provision.
510 CORRECTED BILL OF LADING 510
a. This fee is assessed when the Consignor fails to provide
Carrier’s driver, at the time of the pickup, with the Bill of
Lading provided by Redhawk.
b. A minimum $35 fee is assessed. Invalidation of the rate provided
on the Shipment Confirmation and/or LTL Shipment Order can also
result.
c. This fee applies to LTL shipments.
511 DETENTION 511
a. This fee is assessed if Carrier is detained beyond the allotted
free time for loading/unloading at the Consignor/Consignee.
b. The allotted free time is as follows, unless specifically
stated otherwise on a Shipment Confirmation.
i. Flatbed, Van, Refrigerated dedicated service: 2 hours
ii. Intermodal and Power Only service: 1 hour
iii. Partial service: 1 hour
iv. LTL service: fee not applicable
c. The amount of this fee is a minimum of $75 per hour billed
in half-hour increments.
d. If total loading/unloading time exceeds 5 (five) hours then
a layover fee would result and not a detention fee (see Item
516).
512 DIVERSION 512
a. This fee is assessed when, during transit, it is determined
that the freight needs to be taken to a Consignee that differs
than the one listed on the Shipment Confirmation and/or LTL
Shipment Order.
b. The amount of this fee is $25 - $75 PLUS any additional freight
charges for the extra miles traveled by Carrier in making new
delivery, if applicable.
513 DRIVER ASSIST 513
a. Unless specifically stated otherwise Carrier’s driver(s) are
not expected to either load or unload any freight (see 400-b-iv).
b. This fee is assessed If Carrier’s driver is forced to (un)load
by Consignee, Consignor, Customer or if Carrier’s driver is
forced to (un)load due to delays in standard (un)loading
operations at Consignor/Consignee and time constraints.
c. The fee associated with this service, if not otherwise stated
on a Shipment Confirmation and/or LTL Shipment Order will vary
according to Carrier, but will be a minimum of $100.
d. Drivers are responsible for strapping, chaining, and/or tarping
of Flatbed freight.
514 VEHICLE DROP 514
a. This fee applies when a Carrier’s driver is asked to drop his
vehicle/trailer at the Consignee/Consignor for longer than 4
hours for the purpose of loading, unloading or otherwise.
b. A fee is only assessed if the Shipment Confirmation does not
indicate this service is already being provided by Redhawk.
c. This service/fee does not apply and is not available for LTL
shipments.
d. The amount of this fee is $150 minimum for a single driver
and $200 minimum for a team of drivers.
515 INSIDE PICKUP/DELIVERY 515
a. This fee applies when Carrier’s driver is asked to deliver/
pick freight to the floor directly above or below the level of
delivery for commercially zoned sites.
b. This fee also applies when Carrier’s driver is asked to deliver/
pick freight inside a garage of residentially zoned sites.
c. The amount of this fee is $35 - $400 and is determined by the
piece count and weight of the freight.
d. This service is only available for LTL shipments.
516 LAYOVER 516
a. This fee occurs when Carrier with Customer’s freight is unable
to be loaded or unloaded on the scheduled day and the
Consignee, Consignor or Customer request that the driver wait
over-night (or beyond 5 total hours of loading/unloading).
b. The amount of this fee is a minimum of $180 per night for a
single driver and $240 per night for a team of drivers.
c. This service is not available for LTL shipments.
517 LIFTGATE SERVICE 517
a. Liftgate is an elevator-like lift at the tail of some trailers
for loading and unloading freight from/to ground level. This is
available for all LTL shipments and in the Greater Los Angeles
area only for any Partial shipments.
b. There is a 1500 pound weight limit on most liftgates.
c. A fee will apply if Consignee/Consignor requests a liftgate
AND that request is not shown on the Shipment Confirmation
signed by Customer.
d. The amount of this fee is $35 - $100 per use.
518 LIMITED ACCESS CONSIGNEE/CONSIGNOR 518
a. This fee will apply when the Consignee/Consignor has limited
accessibility due to time/appointment requirements of Consignee/
Consignor.
b. This fee can also apply when the Consignee/Consignor has
limited space and a smaller trailer is needed to accommodate
such restrictions. Site types include, but are not limited to:
military bases; golf courses; schools; ports; construction
sites; storage locations.
c. The amount of this fee is $25 - $60 per Limited Access Site.
519 LUMPER SERVICE 519
a. Lumpers are for-hire unloading help located at many sites that
receive consumer packaged goods. At many sites Lumpers are the
only way to get a truck unloaded.
b. If a Lumper service is required by Carrier this fee will be
passed to Customer with supporting receipts for said service.
Costs of Lumpers range from $50 - $500 but vary according to
freight specifics (pallet count, case count, weight, etc.).
520 RECLASS 520
a. This fee will apply for either of the two following cases:
i. Customer provides a description of freight that Carrier
reclasses and said description is determined to be
insufficient for the purposes of classing and/or a detail
is left from the description that necessarily categorizes
the freight into a specific class.
ii. Customer provides the NMFC number to Redhawk and Carrier
determines the freight to have a different NMFC number.
b. The amount of this fee is $25 PLUS appropriate charge for the
linehaul of the freight at the newly determined class.
c. This fee applies to LTL freight shipments only.
521 RECONSIGNMENT 521
a. This fee is assessed if, upon arrival of Carrier at Consignee
for delivery, Customer, Consignee, Consignor or other party
order the freight to be delivered elsewhere.
b. The amount of this fee is $25 - $75 plus any additional freight
charges for the additional miles traveled by Carrier, if
applicable.
522 REFUSED FREIGHT 522
a. If the Consignee refuses delivery of the entire or any portion
of the shipment Customer is responsible for finding a delivery
site suitable for Carrier.
b. The fees associated with this are:
i. Detention if Carrier is delayed at Consignee (see Item 511).
ii. Unplanned Stop (see Item 525) will be assessed if Carrier
needs to take rejected freight to another Consignee or
salvage yard.
523 RESIDENTIAL CONSIGNEE/CONSIGNOR 523
a. This fee can apply when Carrier, expecting a business/commercial
site, determines that a Consignee/Consignor is a place of
residence;whether or not a business is ran from said location.
b. The amount of this fee is $35 - $60 per residentially zoned
site.
524 RESTRICTED FREIGHT 524
a. If freight tendered to Redhawk is deemed to be hazardous or
over-dimensional by Federal or State regulations and this is not
reflected on the Shipment Confirmation or LTL Shipment Order.
b. Customer will be charged for all fees, fines and/or additional
costs incurred by Redhawk during the process of correcting the
situation, including, but not limited to, transloading,
permitting, hiring an authorized Carrier to replace an otherwise
unauthorized Carrier, Layover/Detention.
c. A $6,000 fee will apply for Intermodal shipments deemed
Hazardous by Carrier AND there is no indication of any hazardous
material noted on the Shipment Confirmation.
525 UNPLANNED STOP 525
a. This fee will apply if it is requested that a Carrier who is in
possession of Customers freight make an additional stop for
pickup, delivery, scale ticket or any other service requiring a
stop after Customer has signed a Shipment Confirmation AND
Carrier is able to comply with said request.
b. The resulting fee is $100 for the first additional stop and
$150 for any subsequent stop PLUS a cost derived from the
additional miles traveled by Carrier resulting from any originally
unplanned stops and the cost per mile of the original shipment.
c. This service/fee does not apply to LTL shipments.
526 WEIGHT VERIFICATION/REWEIGH 526
a. Carrier reserves the right to weigh any and all shipments. This
fee will apply when it is determined that the actual weight is
higher than declared by Customer.
b. This is a $25 fee PLUS additional charges to maintain the cost
per pound of the freight after the reweigh.
c. When the gross weight of the freight exceeds legal limits as
determined by State laws and the gross weight of the
vehicle/driver provided by Carrier the following fees might
apply:
i. Load Cancellation (see Item 415)
ii. Unplanned Stop (see Item 525)
iii. Layover (see Item 516)
iv. Imperfect Tender (see 412)
v. Restricted Freight (see Item 524)
vi. Detention (see Item 511)
d. Customer has the right to request a weight certificate or
scale ticket.
600 TOTAL CHARGES 600
a. Customer is responsible for the entirety of any charges accrued
for each shipment and all services rendered by Carrier
including linehaul and any applicable accessorial charges
described herein and in any Carrier’s Rules Tariff.
b. Unless other arrangements are made, the payment for the sum
of the freight charges will be made by Customer directly to
Redhawk via the payment method as shown on the Shipment
Confirmation or LTL Shipment Order.
610 PAYMENTS AND PAYMENT METHODS 610
a. Customer shall not issue payment of freight charges directly
to Carrier unless an agreement is made between Customer,
Carrier and Redhawk in writing.
b. If authorization (if Customer is paying by credit card),
certified check (if Customer is paying by certified check),
or wire transfer (if Customer is paying with wire transfer)
is not received prior to the scheduled pickup time Redhawk may
cancel service with Carrier and Customer can be charged a Load
Cancellation Fee (see 415).
c. Payment Methods:
i. Credit Card: Customer’s credit card will be authorized by
Redhawk prior to pickup of tendered freight by Carrier.
Authorization reserves funds for a later time but does not
increase Customer’s balance due. Authorizations not
processed as charges within 10 business days will lapse.
Customer’s credit card will not be charged until freight is
delivered. Unless otherwise stated in writing by Customer,
Customer’s credit card will remain securely on file with
Redhawk and used for any and all subsequent freight charges.
At Customer’s request Redhawk can provide an invoice for
freight charges to Customer before payment is issued.
ii. Wire Transfer: Wire transfers must be received by Redhawk’s
bank prior to pickup of freight by Carrier. At Customer’s
request Redhawk can provide an invoice for freight charges
to Customer before payment is issued. When issuing a
payment via wire transfer Customer is entitled to receive a
$25 discount for all freight charge invoices of $1000 or
more paid via wire. To redeem discount Customer must call
614.487.8505 and request that discount code WTDISC be
applied to Customer’s invoice.
Redhawk will not automatically apply discount. Discount is
given at the sole discretion of Redhawk and may be
discontinued at any time without prior notice. To obtain
Redhawk’s bank information please call 614.487.8505.
iii. Certified Check: Certified funds only; personal or
company checks will not be accepted. Certified checks must
be received by Redhawk prior to pickup of freight by
Carrier. Certified Checks are to be mailed to: Redhawk
Global, 4157 Arlingate Plaza, Columbus Oh, 43228. At
Customer’s request Redhawk can provide an invoice for
freight charges to Customer before payment is issued.
iv. Credit Terms: By completing New Account Application Form
§4, Customer grants permission to Redhawk to obtain banking
and credit information pertaining too Customer or its
principals from any source available. Completing New
Account Application Form §4 does not guarantee that Broker
will extend credit terms to Customer. Aggregate freight
charges must be at least $2,000 before terms will be
considered by Redhawk. Credit terms are approved or
declined at the sole discretion of Redhawk and may be
rescinded at any time without prior notice. If credit terms
are rescinded Customer must issue payment to Redhawk for
any outstanding freight charges and all subsequent freight
charges via any of the methods described herein. Customers
denied for credit terms must issue payment according to any
of the methods described herein. Customers approved must
issue payment in accordance with the terms specified in
Redhawk’s Credit Approval letter which will be mailed to
Customer upon approval. Past due balances are subject to
Cost of Collection (see 615).
615 COSTS OF COLLECTION 615
In any dispute involving monies owed to Redhawk, Redhawk shall
be entitled to all costs of collection, including reasonable
attorney’s fees and interest at 15% per annum or the highest rate
allowed by law, whichever is less, unless a lower amount is agreed
to by Redhawk in writing.
700 CARRIER INSURANCE 700
a. Redhawk will ensure that Carrier will carry public liability
insurance covering its vehicles involved in the transport of
freight tendered to Redhawk by Customer in an amount of at
least $500,000 for a single occurrence. Redhawk will also ensure
that Carrier will maintain a minimum cargo insurance level of
$50,000, but higher amounts are available, but must be
specifically requested by Customer and indicated on the Shipment
Confirmation by Redhawk.
b. If Customer is requesting supplemental or contingent cargo
insurance Redhawk is under no obligation to procure insurance
on Customer’s behalf unless confirmed in writing via a Shipment
Confirmation, LTL Shipment Order or other document disseminated
to Customer.
705 DECLARATION OF CARGO/FREIGHT VALUE 705
Carriers to whom cargo/freight is tendered by Redhawk may limit
liability for loss or damage (in some cases to $0). Redhawk will
request excess valuation coverage only upon specific written
instructions from Customer, which must agree to pay any charges
therefore. In absence of written instructions, at Redhawk’s
discretion, the goods may be tendered to Carrier, subject to the
terms of Carrier’s limitation of liability and/or terms and
conditions of service. Customer must notify Redhawk if declared
value exceeds $50,000.
750 CLAIMS POLICY 750
Redhawk is not liable for damaged cargo/freight. Redhawk will
provide to Customer all information necessary to file the proper
claim with Carrier’s insurance company. Redhawk cannot file the
claim on the Customer’s behalf but will attempt to guide Customer
through the process. As soon as the loss is discovered Customer/
Consignee should document the loss on a Bill of Lading or Delivery
Receipt and inform Carrier and Redhawk of the loss. Customer agrees
that in the event of a claim for cargo/freight loss or damage
against any Carrier, Redhawk will assist in the claim process in
accordance with 49 CFR 1005 or 49 CFR 370 whichever is appropriate.
Claims made by Customer cannot be used to offset any freight charges
due Redhawk as compensation (if any) for cargo damage and/or loss,
including freight charges, will be determined and awarded to
Customer, not Redhawk, by Carrier’s insurance company. Loss of
Use of any damaged freight cannot be claimed.
800 INTERNATIONAL SHIPMENTS 800
a. Customer acknowledges that it is required to review all
documents and declarations prepared and/or filed with any
customs service, other government agency and/or third parties,
and will immediately advise Redhawk of any errors,
discrepancies, incorrect statements, or omissions on any
declaration filed on Customer’s behalf.
b. Customer acknowledges that in preparing and submitting customs
entries, applications, documentation, Redhawk relies on the
correctness of all documentation, whether in written or
electronic format and all information furnished by Customer.
c. Customer shall use reasonable care to insure the correctness
of all relevant information and shall indemnify and hold
Redhawk harmless from any and all claims asserted and/or
liability or losses suffered by reason on the Customers failure
to disclose information or any incorrect or false statement by
the Customer upon which Redhawk reasonably relied.
d. Customer agrees that it has an affirmative non-delegable duty
to disclose any and all information required to import, export
or enter the goods. Should Customer need to modify or correct
information contained in Redhawk’s finalized Shipment
Confirmation or LTL Shipment Order, Customer maybe subject to
additional freight charges and/or accessorial fees (see Item
412). In some cases and at the sole discretion of Redhawk the
terms and/or rate given on a Shipment Confirmation/LTL Shipment
Order may be invalidated if such errors occur.
840 FORCE MAJEURE 840
Occasionally transit will be delayed by forces out of Redhawk’s
control including (but not limited to) state and federal
governments, natural disasters, hours of service regulations on
drivers, embargos, and traffic delays. Redhawk is not held liable
for any costs or loss of use due to such delays.
900 GOVERNING LAW 900
The relationship of Customer and Redhawk shall be construed
according to the laws of Franklin County, State of Ohio. Customer
and Redhawk:
a. Irrevocable consent to the jurisdiction of the United States
District Court and the State Courts of Ohio.
b. Agree that any action relation to the services performed by
Redhawk shall only be brought in said courts.
c. Consent to the exercise of in-personam jurisdiction by said
courts.
d. Further agree that any action to enforce a judgment may be
instituted in any jurisdiction.
950 MODIFICATION OR AMENDMENT 950
This Publication may only be modified, altered or amended in
writing signed by both Customer and Redhawk. Any attempt to
unilaterally modify, alter or amend this Publication shall be null
and void.
1000 FUEL SURCHARGE CHART 1000
When the U.S. Department of Energy’s National Average price of
diesel fuel reaches $1.200 per gallon or greater, a fuel surcharge
will be imposed. The amount of the fuel surcharge shall be a
percentage of the net line-haul freight charge and will increase
or decrease weekly with the fluctuation of the U.S. Department of
Energy’s National Average diesel fuel cost per gallon. The fuel
surcharge will be adjusted on Tuesdays, based on the fuel Index
of the prior Monday (See Exceptions). The surcharge will be as
follows:
Price/Gallon Fuel Surcharge Price/Gallon Fuel Surcharge
Below 1.20 No Adjustment 2.531 - 2.59 25.24 %
1.21 – 1.27 1.28 % 2.591 - 2.65 26.24 %
1.271 – 1.33 2.56 % 2.651 - 2.71 27.24 %
1.331 - 1.39 3.84 % 2.711 - 2.77 28.24 %
1.391 - 1.45 5.12 % 2.771 - 2.83 29.24 %
1.451 - 1.51 6.40 % 2.831 - 2.89 30.24 %
1.511 - 1.57 7.68 % 2.891 - 2.95 31.24 %
1.571 - 1.63 8.86 % 2.951 - 3.01 32.24 %
1.631 - 1.69 10.24 % 3.011 - 3.07 33.24 %
1.691 - 1.75 11.24 % 3.071 - 3.13 34.24 %
1.751 - 1.81 12.24 % 3.131 - 3.19 35.24 %
1.811 - 1.87 13.24 % 3.191 - 3.25 36.24 %
1.871 - 1.93 14.24 % 3.251 - 3.31 37.24 %
1.931 - 1.99 15.24 % 3.311 - 3.37 38.24 %
1.991 - 2.05 16.24 % 3.371 - 3.43 39.24 %
2.051 - 2.11 17.24 % 3.431 - 3.49 40.24 %
2.111 - 2.17 18.24 % 3.491 - 3.55 41.24 %
2.171 - 2.23 19.24 % 3.551 - 3.61 42.24 %
2.231 - 2.29 20.24 % 3.611 - 3.67 43.24 %
2.291 - 2.35 21.24 % 3.671 - 3.73 44.24 %
2.351 - 2.41 22.24 % 3.731 - 3.79 45.24 %
2.411 - 2.47 23.24 % 3.791 - 3.85 46.24 %
2.471 - 2.53 24.24 % 3.851 - 3.91 47.24 %
NOTE: When the weekly U.S. Department of Energy’s National Average
price of diesel fuel exceeds $3.910 per gallon, the fuel surcharge
will continue to increase 0.25% for every 2.5 cent increase in
fuel price.
Exceptions: In the event of extraordinary circumstances such as
acts of local, State or Federal governments, acts of public enemy
or war, acts of God, such as extreme weather conditions, floods,
blizzards, earthquakes, hurricanes, tornadoes, or any other natural
disaster or phenomenon, the Fuel Surcharge will be subject to
change on a daily basis.