LOGISTICS TERMS AND CONDITIONS

DISCLAIMERS FOR 53 'VAN / 53’ REEFER / FLATBED / STEP DECK / SPECIALIZED EQUIPMENT

  • Otherwise clearly indicated
    • rates are stated in US dollars, valid through 15 calendar days from the day the rate is issued.
    • rates include fuel surcharge and freight costs.
    • rates include 1 1/2 free hours for loading / unloading loads FTL, Flat-bed, Step-Deck and other ground transportation modes other than, LTL and Volume LTL.
    • rate provided is meant for regular cargo-only, no haz-mat nor oversized, overweight or high value cargo.
  • Rates are given based on the information provided. Any change in the information that supports the quote, will generate a re-quoting of the shipment.
  • Equipment availability needs to be requested at least 24 business hours in advance to book the shipment and written confirmation by customer is required to do so.
  • All Truck Ordered Not Used or Pick Up Attempts will be charged according to the requested truck and a monetary penalization will apply when the cancellation is not made between 24 hours in advance or pick up address changes are not notified before this time frame.
  • Pick ups and drop offs on weekends, holidays and after business hours are considered as extraordinary services and are subject to review both rate and service.
  • Unless clearly indicated, rate does not include cargo insurance (Shipper’s Interest Insurance) or escort, customer owns the cargo at all times. EP America rates consider cargo liability for the American/Canadian portion of the freight for up to USD 100,000.00 USD.  No cargo liability is offered for the Mexican portion of the freight. Shipper’s Interest Insurance is available for new cargo with an All Risk Policy, starting at $0.18 per $100.00 value. If you decide not to add this coverage, your freight will be only covered by carrier’s cargo liability, per law limits.
  • Loading/unloading maneuvers are not included nor are trans-shipment services at the border or any additional equipment to fasten, lash or secure cargo when rolling. Driver shall have the authority to reject any burden that might jeopardize the integrity of the truck and/or put him at risk.
  • In Direct Equipment, the balance of the load must be subject to the regulations in force. Any cargo that is misplaced or overweight and that does not obey the guidelines of SCT, DOT and the Ministry of Canadian Transportation should be rearranged. All charges generated by this, weighing, maneuvering and storage will be added to the customer's bill after notification of the problem and approval.
  • Tarping service cannot be given in loads that are too tall, with asymmetrical shapes or spikes that could damage the tarps (in case of damage, the corresponding charge will be made) or could put the operator's safety at risk.
  • The tarps of all the equipment will NOT be the same. American tarps and straps remain in the US - Mexican tarps and straps remain in Mexico. Every Transfer carries its own tarps and straps.
  • The rates do not include team driver, for Expedite Service, please approach your main EP America point of contact to obtain availability and rate. For US and CAN portions, it can range from 400.00 to 600.00 USD additional to the linehaul, and 250.00 to 350.00 USD for MEX portion.
  • Maximum loadable weight per Van 53’ is 44 000 lbs only.
  • Rate is presented is for dock to dock to dock and doesn’t include any accessorials unless otherwise indicated.

·        Transit times are expressed in business days and are estimated since they are subject to change due to weather conditions, acts of God, and unforeseen changes that may happen during transit.

  • For Cross-Border shipments, Door to Door Service can be made in direct or transshipment unit trucks, customer must provide a written confirmation on its service choice.
  • For Cross-Border shipments, due to loading / unloading time, floor-loaded merchandise will affect the rate according to the complexity of the load in Door to Door trailers.
  • For Cross-Border shipments, waiting time for Border Crossing and Customs procedures is not considered within any transit time estimates, border periods during the process of export or import, nor time incurred during the crossing of the trailer at the MEX-USA border.

·        For Cross-Border shipments, EP America grants 3 (Three) free calendar days at the Mexican/US Borders to complete Customs Paperwork and Procedures, after this time, detention charges will apply at costs indicated below.  If the third free day is a Friday, both Saturday and Sunday will be counted as days of detention. (Exception: Reefers do not have a grace period, there are no free days)·        For Cross-Border shipments, when EP America is selected to do so, the border crossings are subject to availability of the transfer driver and the request of the service. Once the documentation is ready, it is not a guarantee of availability of the transfer on the same day.·        EP America does not accept penalties for any concept unless negotiated at the time of nomination and have acknowledge 24 hrs prior to pick up. ·        For Cross-Border shipments, EP America is not responsible for the costs generated by the Custom Brokers when they accidentally unload a direct freight (Door to Door), it is the Custom Broker’s obligation to review documentation.·        For Cross-Border shipments, if a Border Crossing (aka transfer) service is contracted by the customer to a company different to EP America, and the trailer is misdelivered, any local drayage caused by this situation will be the responsibility of the customer or whomever contracts the Border Crossing. EP America can support the correct positioning but subject to customer approval of the cost generated by it.

  • Cargo Liability in US and in Canada for a maximum value of 100,000 USD applies. Additional Insurance can be requested for an additional premium.
  • EP America’s credit terms are subject to the approval by the Accounts Receivable Dept, which can take 3-5 days. The first shipment is required to be paid upon receipt.

LEGAL LIABILITY

IN MEXICO: EP AMERICA INC limits its legal responsibility for the cargo carried based on the Article 62, 63 and 64 of the Law ROADS, BRIDGES AND FEDERAL MOTOR CARRIER.

IN THE UNITED STATES: The carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment in Articles 49 U.S.C. 14706 and 49 C.F.R. §370.1 respectively in which the client expresses no responsibility to the broker, this case EP AMERICA INC. For any damage. except as follows. To the extent it has been found negligence, liability of the service provider is limited to no more than a refund of the full payment of transport costs in relation to the draft law specific shipment in question.

IN CANADA: ITs according to Transport Canada, responsibility of the load is regulated by the Canadian provinces. Most of these provinces have enacted transport conditions for the rules to be incorporated into the contract of carriage. The conditions are commonly uniform from one province to another and are frequently referred to as the "Uniform bill of lading." This law codifies liability companies and certain obligations and rights of a company and a charger. Carriers and shippers have "freedom of contract" to follow or deviate from "Uniform bill of lading".

In Canada, this is limited (there are interprovincial differences, too) to 4.41 / kg. Typically, this is indicated in the bill of lading $ 4.41 / kg unless otherwise noted and a charge for declared value of $ xx declaration fee applies. So that your company has full responsibility, you should declare the total value. In which case, the carrier is entitled to charge a premium for the franchise of its declared value.

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CHARGE FOR ACCESSORIES – DRY VAN / REEFER VAN / PLATFORMS / SPECIALIZED EQUIPMENT

Additional Securing Equipment:

Tarps:                                150.00 USD.
Band or strap:                  50.00 USD per unit.
Load locks:                       50.00 USD per unit.
Logistic bars:                    100.00 USD per unit.Local Drayage to Customs broker in Laredo TX, US (Power Only)Dry Van Fee:                     100.00 USD
Legal Platform Fee:          120.00 USD
Legal Step Deck Fee:        140.00 USD
Double Drop Legal Fee:   150.00 USD
Over dimensional:           Up to dims & weight
Trailer attempts:             100.00 USDLocal Drayage to Customs broker in Laredo TX, US (Power + DV): 250.00 USD; 100.00 USD per attempt.MEX Van Fumigation:     75.00USD – 100.00USD (Upon availability)

Border Crossing Fees:

Dry van 53':
155.00 USD World Trade Bridge
175.00 USD Colombia Bridge
Hazmat Dry Van 53':
255.00 USD Colombia Bridge
53’ Reefer van:
185.00 USD World Trade Bridge
205.00 USD Colombia Bridge
Legal Flatbed/ Legal Step Deck:
175.00 USD World Trade Bridge
195.00 USD Colombia BridgeLegal Double Drop:
Ad-hoc rateOver dims // Overweight
Ad-hoc rate

 

Please keep in mind:

  1. Border Crossing services are provided with a Transfer Carrier, at a pace of first come first serve, therefore, please allow and encourage a close communication between Forwarding Agent/Carrier/Customs Broker/Transfer.
  2. If Border Crossing Services are requested after 2PM, there are not guarantees on same day availability.
  3. The Border Crossing with a Transfer Carrier is requested once the Custom Brokers have confirmed that the “Pedimento” and the entry-manifest are ready.
  4. The Transfer Carrier does not wait more than 20 minutes, EP America has no control over this because of the dynamic nature of the transfers, if another one needs to be scheduled, paperwork will need to be modified.
  5. The Transfer’s false positioning (aka pick up attempt) cost is: 100USD, for Refrigerated vans is USD 200.
  6. Processing Permits for specialized equipment can take 24hrs average plus availability of the Transfer Carrier.
Detentions charges at crossings(when using Laredo, TX Border):Dry van 50USD per hour or fraction or 250USD per day
Flatbed 90USD per hour or fraction or 450USD per day
Specialized Equipment 130USD per hour or fraction or 650USD per dayUS / CANADA Border waiting time: 75USD per hour or fraction, DOES NOT APPLY DETENTION PER DAY.
Extraordinary Charges:Truck Order Not Used:
• 350USD Dry van
• 450USD Reefer van
• 475USD Platform
• Specialized (Ad-hoc rate)

Detention charges – waiting time:

  • MEX / US / CAN Load / Unload: 1 ½ free hours

Additional charges at the end of free time

  • USD 75 per hour or fraction

Maximum for a period of 24 hours

  • Dry van 350USD
  • Reefer van 400 USD
  • Flatbed: 500USD
  • Stepdeck: 650USD
  • Lowboy and specialized 1200USD

Free Days at the border // Detention fee for Waiting Time at the Border (Laredo, TX / NVO.  Laredo, Tamaulipas)

Customer is provided with 2 free days at the US/MEX border (Laredo, TX / NVO.  Laredo, Tamaulipas), after the second free day, detentions charges will be as follow:

Dry Van Platform Specialized Equipment
1rst to 3rd Detention Day 100 USD 150 USD 600 USD
4th to 6th Detention Day 150 USD 200 USD 600 USD
Starting 7th detention day and on 200 USD 250 USD 600 USD

Additional Stop Service:Cost:

150USD - This means an additional stop for loading or unloading, that does not require a change in the logical route of the truck during its journey from the pickup to the delivery location. Any radical change in the logical route will generate an adjustment of the rate. Please consult with your Sales Executive.

Original Documentation:
Original PODs will cost between 35.00USD and 65.00USD depending on the courier.

***********************************************ALL EP AMERICA RATES ARE SUBJECT TO THIS TERMS AND CONDITIONS.  THE ACCEPTANCE OF THE RATES INCLUDES THE ACCEPTANCE OF THE TERMS AND CONDITIONS*********************************************************************