RUSH TRANSPORTATION & LOGISTICS/RUSH EXPEDITING INC. ("RUSH"), a licensed property broker, undertakes to arrange for the interstate transportation of shipments from named origins to named destinations. The transportation is furnished by carriers selected by and under contract with RUSH.
The following pages contain the Service Conditions applicable to the transportation of any shipment by RUSH when shipping within the RUSH system.
If there is a conflict between these Service Conditions and the terms and conditions on any bill of laiding or waybill, the RUSH Service Conditions will control. These Service Conditions supersede all previous Service Conditions and other prior statements concerning the rates and conditions of RUSH service. RUSH reserves the right, from time to time, to modify, amend or supplement its rates, features of service, products and Service Conditions without notice. Copies of current Service Conditions may be obtained by contacting RUSH. Rates and service quotations by our employees and agents will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered and the application of the Service Conditions herein. Any conflict or inconsistency between any other written or oral statements concerning the rates, features of service, products and Service Conditions applicable to RUSH service will be controlled by the RUSH Airfreight Waybill and these Service Conditions, as modified, amended or supplemented by RUSH from time to time. WE MAKE NO WARRANTIES. EXPRESS OR IMPLIED.
Monetary amounts stated in these Service Conditions refer to U.S. dollars.
"Airfreight Waybill" means any shipping document, receipt, manifest, label, electronic entry or similar item authorized by RUSH for use in the RUSH system.
"C.O.D." means Collect On Delivery - a transportation Service wherein the purchase price of the goods is collected by RUSH from the Consignee at the time of delivery, and subsequently, payment is transmitted by RUSH to the Shipper.
"Consignee" means the person or entity to whom the shipment is being sent, whose name is listed on the Airfreight Waybill as the Consignee.
"Consignor" means the person or entity by whom a shipment is tendered to RUSH.
"Dangerous goods" means articles or substances which are capable of posing a significant risk to health, safety, or property when transported by air and which are classified according to the most current editions of the International Civil Aviation Organization ("ICAO") Technical Instructions for Safe Transport of Dangerous Goods by Air and the International Air Transport Association ("lATA"), Dangerous Goods Regulations. See also "Hazardous Materials" definition.
"Dimensional weight" means the weight of a shipment per unit of volumetric measure.
"F.C.C.O.D." means freight charges called on delivery - the transportation charges and any associated fees are collected by RUSH from the Consignee at the time of delivery. RUSH must be informed at the time the order is placed of FCCOD, if RUSH is not informed the account calling the order in will be responsible for all freight charges.
"Hazardous materials" means a substance or material which has been determined by the U.S. Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. Title 49, CFR Transportation Parts 100199, governs the transportation of hazardous materials. Hazardous materials may be transported domestically, the Consignor is responsible for providing the correct documentation and placards for all hazardous shipments.
"MAWS" means master air waybill, which is an air waybill covering a consolidated shipment, showing the consolidator as the Shipper.
"Prepaid" means the Consignor is primarily responsible for payment of transportation charges.
"Service Conditions" means these Service Conditions, as modified, amended or supplemented by RUSH from time to time.
"Shipper" means the person or entity with whom the shipment originates, and whose name is listed on the Airfreight Waybill as the Shipper, and includes the Shipper, Consignor and their agents, servants and employees, and any other person or entity having or claiming an interest in or beneficial ownership in a shipment.
"Transportation charges" or "charges" mean amounts assessed for the movement of a shipment and do not include any other fees or charges which may be assessed under these Service Conditions, such as, but not limited to, declared value charges, customs duties and taxes, however levied or applied, and C.O.D. charges.
"We," "our," "us," and "RUSH" refer to RUSH and its contractors, employees and agents, but not including cartage agents (who shall be considered independent contractors and to our affiliated subsidiaries and their employees and agents.)
"You" and "your" include the Shipper, Consignee, and their agents, servants and employees and any other person or entity having or claiming an interest in a shipment.
Revised 2/2/2007