This service conditions and rules circular provided by MACO Transportation to outline the following:
Scope of Operations and Services Provided
MACO Transportation (MACO) provides shipments of goods in a dry van with a delivery point within 650 miles of is main terminal based in Memphis, TN. Intermodal dray service is also available with 250 miles of Memphis, TN (MACO is associated with IANA and UIIA). A shipment is defined as any amount of goods provided by a shipper that are to be delivered to a consignee. This shipment cannot exceed the maximum legal or safe weight and/or dimensions of the trailer provided by MACO. Standard freight rates are listed below:
||$225.00 plus FSC (50 miles and under from Memphis)
$2.75 per mile plus FSC
$75.00 per stop
$75 per hour
$150 per day after first 2 days
$200.00 per occurrence
$225.00 plus FSC
$250.00 plus FSC
$250.00 plus FSC
$50.00 per day
$75.00 per day additional
$75.00 per occurrence
$75.00 to $150.00 depending on rail yard charge
At this time MACO does not offer temperature controlled or hazardous material services.
All pickups and deliveries will be made, unless otherwise agreed on in advance by all parties, during normal business hours, Monday through Friday, holidays excepted. MACO will be excused from its delivery obligation and any resulting claims for any of the following reasons:
Unless arranged or agreed upon in writing prior to shipment, MACO Transportation is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport a shipment with reasonable dispatch, as that term is defined at common law. MACO Transportation shall not be responsible for special or consequential damages resulting from delayed delivery.
All loads that are accepted by MACO are acknowledged solely as shipper load and count and consignee unload and count. Any requirement for the driver to load or unload will result in a lumper charge to be determined by the local business conditions and rates of the contracted lumper service. MACO does not accept COD shipments.
In order to provide service in times of equipment shortage, MACO reserves the right to utilize the MAP-21 compliant services of its affiliated broker, MACO Logistics, to retain other licensed, authorized and insured carriers. Notice of such substitution will be provided to customer at or prior to dispatch. MACO warrants that all service conditions contained herein shall apply and that its MACO Logistics will retain and compensate the carrier it retains.
Proof of delivery will be provided to any of the interested parties for $25.00 per request.
MACO Transportation shall not be liable for the following fees related to intermodal transportation services:
MACO Transportation, at its sole discretion for the convenience of its customers on a case-by-case basis, may elect pre-pay any fees outlined above and the customer agrees to pay the actual cost of the fees plus a 15% handling fee.
MACO additionally can provide warehousing services based on the following rates:
Inbound Unloading Container:
$350 for 20’ / $450 for 40’ and above
Unloading fee based on standard boxes load and unload, non-standard loads will incur additional fees
Claims Liabilities and Limitations
MACO will not be liable for any special, incidental, indirect or consequential damages (including, without limitation, lost profits or business opportunity) or punitive or exemplary damages incurred or suffered by the shipper and/or consignee as a result of overage, shortage, or damage to shipments.
Unless otherwise indicated, all shipments will be rates as “FAK” or freight of all kinds, shipments for named customers and are subject to a maximum cargo liability of $2.50 per pound per article, or $100,000 per truckload shipment, whichever is less.
Claims Processing and Salvage
All claims for loss, damage, injury or delay are to be construed in accordance with the federal regulations set forth in 49 CFR 370. Claims must be filed with MACO within nine (9) months of the occurrence, must be submitted in writing and delivered to the current office location of MACO. The written notice of claim must include sufficient facts to identify the shipment, the asserting of liability for loss, damage, or delay; and making the claim of a specified and determinable amount of money. MACO will not consider bad order reports, appraisals, notations, of shortage or damage on bills of lading, etc. MACO will acknowledge any claim within thirty (30) days and will indicate to the claimant what, if any, additional documentary evidence is required. Claimant will allow MACO sufficient time to investigate the claim, with a minimum of five (5) days allowed for inspection of the goods. MACO may at its own discretion require the consignee to provide a certified statement in writing that the property was not received by the consignee or any other party. Any refused, unclaimed and/or undelivered freight will be sold at a place and time of MACOs choice. Both the shipper and consignee will be notified in writing thirty (30) days prior to sale of the property. Maco will retain the cost of transportation and storage of the property with any remaining balance forwarded to the appropriate party(s).
Credit and Collections
All shipments and services are billed net 15 day, non-payment can result in interest of 1.5% per month, loss of any or all rate discounts, and/or a collection penalty of 10% being assessed to the freight bill. MACO further reserves the right to collect any collection agency fee or attorney fees resulting in the collection of past due shipment or service invoices. Property brokers, freight forwarders, and third party logistics companies will be considered the agent for any shippers they represent and are subject to the same terms and conditions stated above. All shipper’s agents are required to hold all charges in a constructive trust. Per the Bill of Lading Act, MACO reserves the right to place a lien on any undelivered freight and/or subsequent shipments for payment on past due charges. MACO also requires all shippers and their agents to waive their right to submit payments without setoffs for any claims against MACO.
All payments should be mailed to the following address:
PO Box 382
Nesbit, MS 38651
And must include the invoice number for proper application of payment. MACO is not responsible for any late application of payments to an account if this information is not present on the payment.
MACOs standard rate of fuel surcharge is $0.01 for every $0.05 over $1.20 based on the US average diesel prices as listed on https://www.eia.gov/petroleum/gasdiesel/.