ABF 610 TimeKeeper Service
Item 780-1
Liability Limitations
Except as otherwise specifically provided herein, including Specific Account Pricing, ABF's liability will be limited by the provisions outlined in Section 7 of Item 780-1, ABF 111 Series. However, in cases where a TimeKeeper shipment shall not move entirely within ABF's own shipping network to achieve the requested service, ABF's liability shall be limited to $0.50 per pound per lost or damaged package.
Except as otherwise specifically provided herein, including Specific Account Pricing, or in connection with TimeKeeper surcharges enacted through Item 2000 herein where the pricing used to create the total net line haul charge of the shipment further restricts ABFs liability on the shipment, ABF's liability will be limited by the provisions outlined in Section 7 of Item 780-1, ABF 111 Series. However, in cases where a TimeKeeper shipment shall not move entirely within ABF's own shipping network to achieve the requested service, ABF's liability shall be limited to $0.50 per pound per lost or damaged package.
In addition, commodities subject to one or more released or actual value provisions as published in NMF 100 Series or ABF 100 Series for any specific commodity tendered for transportation shall be released to the lowest released value or the lowest actual value provided therein, not to exceed the limitations outlined herein.
Optional Excess Liability Coverage is available and must be requested in the manner required in Section 2 of Item 780-1, ABF 111 Series. However, the maximum excess liability provided under the terms of ABF 610 Series is $100,000.00 per shipment and will be added to the initial $100,000.00 per shipment coverage, as provided in Section 1 of Item 780-1, ABF 111 Series, for a total maximum available liability of $200,000.00 per shipment.
ABF will not be liable, and hereby disclaims responsibility, for any indirect, incidental or consequential damages or other costs, fees, or charges of any kind arising from any claims filed hereunder, whether disclosed or not.
ABF shall not be liable for damages of any kind arising from a delay or other failure by forces beyond our control; including without limitation, acts of God, acts of public enemies or authorities, labor disputes, governmental action or regulation, or unusually severe weather, which has a material effect on ABF's ability to perform.
| Dates: |
| Effective |
08-13-2007 |
| Issued |
08-13-2007 |
| Issued By: |
Chris Baltz Senior Vice President Yield Management & Strategic Development 3801 Old Greenwood Road Fort Smith, AR 72903 | |