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.
Contact our National Customer Service Hotline for pricing and service option information.
NATIONAL CUSTOMER SERVICE HOTLINE (937) 224-7874
The invoice date begins the credit term cycle, and payment is due within thirty (30) days from the invoice date. Failure to keep your RUSH account current will result in your account being put on a “cash only” status. This status may impair your ability to use our service, and your shipments may be delayed. In the event prompt payment is not made and your account is placed on “cash only” basis, credit privileges will not be restored until you have paid all past-due balances of transportation and any related charges in full, including, but not limited to, all costs, fees and expenses incurred by RUSH in collecting or attempting to collect such balances. RUSH may decline to restore credit privileges even if all costs, fees and expenses are paid. In the event that suit is filed to collect unpaid charges, you agree to be liable for all reasonable costs which include, but are not limited to, attorneys fees of up to 25 or $200.00, whichever is greater, interest at the rate of one and one-half percent (1 1/2%) per month, and court costs. Any return check received by RUSH must be replaced immediately with a certified check in addition to a $35.00 return fee, RUSH may decline to restore credit privileges for any return check instances.
Transportation charges for a shipment, unless otherwise noted on the Airfreight Waybill, will be based on whichever of the following is greater:
The actual weight AND mileage; or
The cubic dimensional weight AND mileage (calculated as outlined in “Dimensional Weight in these Service Conditions).
Charges will be assessed for transportation of shipment(s) from the named origin to the named destination as shown on the Airfreight Waybill and the rates in effect on the day the shipment is accepted by RUSH. Charges will be assessed for excess wait time, tolls incurred, fuel, overnight holding and holiday fees when applicable.
Unless specifically otherwise agreed to in writing, RUSH retains the right to re- weigh and/or measure, for the purpose of applying correct charges, any shipment(s) at any time while in RUSH‘S custody and control, and to collect the appropriate charges without first advising, reporting back to, pre-alerting, or otherwise notifying the Shipper, Consignee or other interested party.
If the Shipper elects to leave the weight un-stated on the Airfreight Waybill, RUSH will weigh and enter the shipment weight on the Airfreight Waybill for the Shipper. If the Shipper chooses to enter the weight and the weight reflected is found to have been understated, RUSH will correct the weight and charge for the accurate weight.
RUSH reserves the right to assess transportation charges based on volumetric standards. Dimensional weight determines the required vehicle size. Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by 250. The dimensional weight of each package in the shipment is added, and the total dimensional weight of the shipment is then compared to the actual weight of the shipment. If the dimensional weight exceeds the actual weight, transportation charges for the shipment are based on the dimensional weight if the actual dimensional weight requires a larger vehicle to be used all charges for both vehicles are the responsibility of the CONSIGNOR/SHIPPER.
For and in consideration of the transportation services to be provided, the Shipper agrees to pay RUSH the applicable freight charges as set forth in its current written rate circulars, written rate tenders, and these Service Conditions on prepaid shipments. The Shipper’s complete name, address, city, state, zip code, RUSH account number, and contact name must appear in the appropriate areas of the Airfreight Waybill. The word “Shipper” must appear in the “bill to” section of the Airfreight Waybill.
If the Consignee is responsible for payment of the freight charges, the Consignee’s complete name, address, city, state, zip code, telephone number, and contact name must appear in the appropriate areas of the Airfreight Waybill. If the Consignee is responsible this information must be transmitted to the Customer Service Agent at the time the order is placed. The word “Consignee” and the Consignee’s RUSH account number must appear in the “bill to” section of the Airfreight Waybill. If the Consignee is billed initially and refuses to make payment for the services rendered, the charges will be rebilled to the Shipper’s account.
If a third party (including the Shipper or Consignee at an address different from that which appears in the “Shipper” or “Consignee” sections of the Airfreight Waybill) is responsible for the freight charges, the third party’s complete name, address, city, state, zip code, and RUSH account number must appear in the “bill to” section of the Airfreight Waybill. If the Consignee is responsible this information must be transmitted to the Customer Service Agent at the time the order is placed. If a third party is billed initially and refuses to make payment for the services rendered, the charges will be rebilled to the Shipper’s account.
For “bill to” Consignee or third party transactions, if the Consignee or third party refuses to pay the charges, refuses delivery, or cannot be contacted, the Shipper is liable for, and will be billed for, all charges and fees. If a third party account does not have credit arrangements with RUSH, the Shipper will automatically be billed.
Your shipment may be delayed if we determine that it is billed to a RUSH account number which is not in good credit standing.
NOTWITHSTANDING ANY PAYMENT INSTRUCTIONS THAT ARE GIVEN TO RUSH. THE SHIPPER IS ULTIMATELY LIABLE FOR ALL CHARGES AND FEES. Where the Shipper or Consignor acts for or on behalf of the beneficial owner of the goods, recourse to said beneficial owner is preserved.
RUSH reserves the right to demand F.C.C.O.D. for transportation charges incurred on any shipment when the party liable for the charges has not yet been extended credit.
RUSH reserves the right to demand prepayment of charges by bank check or money order on any shipment. A $25.00 fee will be applied for any check that is dishonored due to insufficient funds or incorrect or insufficient signature of the drawer.Send remittance to: (Via U.S. Postal Service) Rush Transportation & Logistics, Inc. P.O. Box 2810 Dayton, OH 45401 (Via overnight letter, etc.) Rush Transportation & Logistics, Inc. 2619 Needmore Road, Dayton, Ohio 45414
The following are acceptable methods of payment: company check (from approved credit customers only), certified check, cashier’s check, cash, mastercard or visa and charge to a valid RUSH account number in good credit standing.
DELAY CLAIMS – RUSH will undertake to deliver the lading described on the Airfreight Waybill under reasonable dispatch using next available equipment and shall attempt to effect delivery pursuant to the schedules and transit times as otherwise set forth in RUSH’s holding out. RUSH does not guarantee that delivery will be effected to meet any particular market, dispatch, exhibition or sailing. RUSH does not accept liability for special or consequential damages or delays in delivery. The parties agree that in any event RUSH’s maximum liability shall be an amount equal to the freight charges incurred.
LOSS OR PHYSICAL DAMAGE CLAIMS – Subject to the limitations set forth herein and as provided by applicable law, RUSH agrees to pay for loss or physical damage to the shipments described on the Airfreight Waybill which may be caused by its negligent or willful conduct. Where shipments have declared values, RUSH’s liability for shortage or damage shall be prorated by weight when part of a shipment is lost or damaged. Otherwise, RUSH’s liability shall be determined by multiplying the weight of the lost or damaged article by fifty cents ($.50) per pound. All claims must be filed within 90 days of recovery at destination or shall be forever barred. Claims will be presented and adjusted in accordance with the guidelines established by the Interstate Commerce Commission and successor agencies and set forth in 49CFR1005. ICC Administrative Rulings 65 and 128 shall apply. The Shipper understands and agrees that the rates do not include insurance or other compensation for loss, other than as expressly provided herein and limited hereby. RUSH shall not be liable for damage caused by force majeure, Act of God, or the inherent vice of the shipment.
Shortages and/or damage must be noted on the Airfreight Waybill by the Consignee or the Consignee’s agent at the time of delivery. Notice of intent to file a claim for concealed damage must be filed in writing with RUSH within fifteen (15) days of delivery. The actual claim, whether for loss, apparent damage, or concealed damage, must be filed in writing with RUSH within 90 days of delivery, and the claim must include the following as minimum for support:
- Date of shipment;
- RUSH Airfreight Waybill number;
- The names and addresses of the Shipper and Consignee;
- A description and detailed pictures of the property; and
- The original invoice for the property lost or damaged.
Receipt of the shipment by the Consignee or the Consignee’s agent without notation of shortage, loss or damage will be prima facie evidence that the shipment was delivered in good condition. No claim will be processed by RUSH until all transportation charges have been paid. Amounts of claims may not be deducted from transportation charges. Shipments and their containers and packaging materials must be retained and made available to RUSH for the purpose of inspection for up to fifteen (15) days after notification to RUSH that a claim is pending. RUSH reserves the right to repair or replace damaged property with no further liability for consequential damage such as, but not limited to, out of service time during repairAll claims must be mailed to:
Rush Transportation & Logistics, Inc.
Cargo Claims Department
2619 Needmore Road Dayton, Ohio 45414
C.O.D. service is provided by RUSH for any CONSIGNEE/SHIPPER that have established credit and is in good credit standing.
The amount of the Shipper’s C.O.D. to be collected from the Consignee must be entered on the Airfreight Waybill by the Shipper, and the Airfreight Waybill must be signed by the Shipper or his agent.
The full amount of the Shipper’s C.O.D. is payable only by bank check or money order made payable to RUSH unless the Shipper has authorized RUSH to collect the Consignee’s check payable to the Shipper. If the Shipper has written such authorization RUSH’s responsibility is then limited to exercising care and diligence in forwarding the check to the Shipper.
Any charges for transportation or C.O.D. collection, or any other RUSH services associated with a C.O.D. shipment, will be collected from the Consignee and shall be made by bank check or money order payable to RUSH and be separate from the check for the C.O.D. amount.
No inspection will be allowed nor partial delivery made until the full amount of the C.O.D. has been collected.
C.O.D. shipments refused or unclaimed by the Consignee will be held at RUSH’s destination terminal and the Shipper will be notified. If disposition has not been received by RUSH within ninety (90) days of Shipper notification by RUSH, the shipment may be disposed of with the proceeds of sale being applied to the transportation charges and any excess amounts being refunded to the Shipper. Any amounts unsettled after receipt by RUSH of the proceeds of sale will be the responsibility of the Shipper.
For collecting and remitting C.O.D. monies, RUSH will charge a fee of 5% of the C.O.D. amount, subject to a $30.00 minimum and a $400.00 maximum.
Dangerous Goods tendered to RUSH must be accompanied by a minimum of two copies of Shipper-prepared shipping papers, executed in accordance with Title 49CFR, ICAO, or lATA. Dangerous Goods must be shipped on separate Airfreight Waybills. All shipments must be packaged and limited to the material and quantities authorized by air transportation according to the current requirements of 49CFR, ICAO, or lATA. RUSH’s delivery target times do not apply to shipments of Dangerous Goods. Some RUSH stations are not eligible Dangerous Goods origins or destinations.
RUSH will assess an additional special handling fee of $40.00 per Airfreight Waybill for all Dangerous Goods shipments.
If a shipment containing Dangerous Goods is refused by the Consignee, leaks or is damaged, the shipment will be returned to the Shipper, if possible. If the Shipper refuses to accept the returned shipment or it cannot be returned because of leakage or damage due to faulty packaging, the Shipper is responsible and fully indemnifies RUSH for reimbursement of all costs and fees of any type connected with the legal disposal of the shipment, and all costs and fees of any type connected with’ cleanup of any spill or leakage and any claim, fines and penalties which any third party may assert against RUSH.
All shipments may, at RUSH’s option, be opened and inspected. This right extends to the entire shipment, including document pouches, waybill pouches and any other shipping documents. If there is an agreement to seal the shipment RUSH is released of any future claim due to shortage or damage since the shipment was sealed by the SHIPPER and broken by the CONSIGNEE which will not allow for inspection or count verification.
Unless otherwise specified herein, liability on all domestic shipments shall be limited to the higher of $50.00 per shipment or $0.50 per pound of cargo lost or damaged plus transportation charges applicable to that part of the shipment lost or damaged, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on the Airfreight Waybill. Liability shall in no event exceed the declared value of the shipment plus applicable freight charges, or the actual amount of loss or damage, whichever is lower.
Unless otherwise specified herein, liability for international shipments being transported as part of a continuous movement and moving on a lane segment specified on the MAWB shall be limited to $9.07 per pound of cargo lost or damaged plus transportation charges applicable to that part of the shipment lost or damaged, unless a higher value is declared a’ the time of tender. Liability shall in no event exceed the declared value of the shipment plus applicable freight charges or the amount of loss or damage, whichever is lower.
When the Shipper declares a value that exceeds $0.50 per pound or $50.00, whichever is greater, an additional charge of $0.65 for each $100.00 or fraction thereof, will be charged subject to a minimum charge of $2.00 per Airfreight Waybill. When a Shipper declares $9.07 per pound or $20.00 per kilogram for an international shipment, a valuation charge a $0.85 for each $100.00, or fraction thereof, subject to a minimum charge of $2.50 per shipment, will be assessed.
In the absence of special arrangements, neither RUSH nor the carrier(s) retained by it shall be liable for damages in excess of $50,000.00 per shipment, regardless of the value declared.
The Shipper may make special arrangements for liability coverage greater than $50,000.00 by calling RUSH at (937) 224-7874 and requesting the increased limit. If the Shipper executes a release rate in excess of $50.000.00 per shipment without having made special arrangements and obtaining special rate approval, and the shipment is inadvertently accepted by RUSH, it shall be considered released at $50,000.00 per shipment and will move subject to such limitations, applicable rates, and insurance charges.
The Shipper understands and agrees that the rates do not include insurance or other compensation for loss, other than as expressly provided herein and limited hereby. Accordingly, the Shipper agrees that in the event it desires coverage for loss, it will obtain insurance, and that said insurance will contain a waiver of subrogation clause waiving any subrogation rights (or and on behalf of such insurance carrier. In the event that the Shipper fails to obtain a waiver of subrogation, the Shipper will defend, indemnify and hold harmless RUSH and any carrier(s) retained by it with respect to claims made by the Shipper or third parties acting as subrogees of the Shipper.
Shipper and Consignee shall be jointly and severally liable to payor indemnify RUSH for all costs, including, but not limited to, claims, fines, penalties, and attorneys fees incurred by RUSH by reason of any violation of these Service Conditions.
RUSH shall not be liable for any damages, whether direct, incidental, special or consequential, in excess of the declared value of a shipment, in any event, and including, but not limited to, damages resulting in loss of income or profits.
RUSH will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. However, in no event will RUSH be liable for any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or part from:
- The act, default or omission of the Shipper, Consignee or any other third party with an interest in the shipment;
- The nature of the shipment or any defect, characteristic or inherent vice of the shipment;
- The Shipper, Consignee or third party’s violation of any of the terms and conditions contained in these Service Conditions, as amended from time to time, or on an Airfreight Waybill, including, but not limited to, the improper or insufficient packing, securing, marking or addressing of shipments;
- Perils of transportation, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, local disputes, civil commotions, hazards incident to a state of war, or weather conditions (as determined solely by RUSH); national or local disruptions in ground transportation networks due to events beyond RUSH’s control, such as weather phenomena, strikes, or natural disasters: and disruption of communication and information systems;
- Acts or omissions of any person or entity other than RUSH, including our compliance with verbal or written delivery instructions from the Shipper, Consignee or persons claiming to represent the Shipper or Consignee;
- Loss of or damage to articles packed and sealed in packages by the Shipper, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the Consignee without written notice of damage on the delivery record;
- Erasure of data from magnetic tapes, or other storage media or erasure of photographic images or sound tracks from exposed film;
- Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
- Our failure to honor “package orientation” graphics or damage to shipments in packaging not approved by RUSH prior to shipment where such prior approval is recommended or required herein;
- Damage in transit or in the handling of, or concealed or other damage to, florescent tubes, neon lighting, neon signs, X-ray tubes, glass or other inherently fragile items; and
- Shipper’s failure to provide a RUSH account number in good credit standing in the billing instructions.
Shipments must be prepared and packaged to ensure safe transportation. By tendering a shipment to RUSH, the Shipper certifies that the shipment is sufficiently packaged to withstand the normal rigors of transportation.
Each package must be legibly marked, and all old labels, tags or markings must be removed by the Shipper prior to the shipment being tendered for transportation. Any article susceptible to damage by ordinary handling must be adequately protected and packaged and marked in such a way as to alert RUSH of the possibility of damage from ordinary handling and must bear appropriate labels.
It is the Shipper’s responsibility to ensure accurate completion of the RUSH Airfreight Waybill, including a complete description of the contents, the correct number of pieces, reference numbers, and the accurate total weight. If the Shipper fails to present a completed Airfreight Waybill at the time of shipment, RUSH will accept any appropriate non-negotiable shipping document but will not accept any responsibility for misdelivery, delay, or missed collections resulting from the transfer of information from the shipping document onto the Airfreight Waybill done by RUSH personnel. RUSH will assess a charge of $10.00 per Airfreight Waybill that it has to prepare or complete because the Shipper fails to present a completed Airfreight Waybill at the time of shipment.
For the purpose of this Service Condition, the term “reconsignment” is considered to mean:
- A change in the name of the Consignee or the Shipper;
- A change in the destination city;
- Relinquishment of the shipment at the point of origin; and
- Relinquishment of the shipment at an intermediate point while in transit.
Requests for reconsignment are subject to the following conditions:
- The request must be made or confirmed in writing;
- The party making the request must have the authority to do so;
- RUSH will make a diligent effort to comply, but will not be responsible or liable if the service cannot be performed;
- All charges applicable to the shipment must be paid or guaranteed to the satisfaction of RUSH before the service is performed;
- If the shipment is reconsigned outside the RUSH system, RUSH will return the shipment to the originating RUSH station or release it to an agent of the Shipper’s choice
Charges for reconsignment are as follows:
- If reconsignment results in a change in the name of the Consignee with no change in the place of delivery, or in the place of delivery within the original destination point, there will be no charge;
- If reconsignment results in a change in the destination point or split into multiple destination points before or after tender or delivery, the shipment will be assessed an additional $25.00 fee per transaction and will be assessed tariff rates to and from the reconsignment points;
- If the Shipper elects to have the shipment released to an agent other than the one shown on the Airfreight Waybill, there will be no charge; and
- If the Shipper elects to have RUSH return the entire shipment to the originating RUSH station, the shipment will be assessed tariff rates from the reconsignment point to the originating RUSH station.
- If, at the Shipper’s request, the release, reroute, split or termination is effected, RUSH will assess an additional fee of $35.00. If the release, reroute, split or termination requires total or partial unloading of equipment, RUSH will assess an additional fee of $250.00.
Freight held in RUSH’s possession through no fault of RUSH, will be considered as stored and will be subject to the following provisions and charges:
- Storage charges will commence on the second day, excluding Saturdays, Sundays and holidays, after the freight is received by the destination RUSH terminal;
- Storage charges will accrue at the rate of $4.00/cwt. per 24 hours or portion thereof, subject to a minimum of $30.00 per day; and
- Charges will apply to both domestic and international shipments.
Due to the potential for significant fluctuations in market prices for vehicle fuel, we reserve the right to assess a fuel surcharge on shipments without notice. Any such surcharge will be applied in an equitable manner to all shipments having similar characteristics and will be applied for such periods as we may determine necessary.
For U.S. Customs Bonded consignments, where RUSH destination terminal personnel are required to process and/or deliver import documents, RUSH reserves the right to charge a reasonable terminal service fee.
For shipments which require unloading and loading, disassembly or deconsolidation, unrelated to normal movement in the RUSH network, a charge of $10.00 per MAWS/House Air Waybill will be assessed.
When RUSH arranges for the cancellation of a Shipper Declaration Bond originating in Canada, a $40.00 fee per bond will be assessed.
For consignments entering the U.S. which are not cleared at the U.S. Border or first customs entry point, RUSH will attempt to arrange in-bond movement and appropriate U.S. Customs & Border Protection authorization (CBP Form 7512 – Transport Entry and Manifest of Goods) to the U.S. destination city or to the city from which the shipment will be re-exported
The charge for this immediate transit arrangement and document preparation will not exceed $40.00 per IT set.
When requested by a party having an interest in a particular shipment, RUSH will furnish a copy of the delivery record for that shipment signed by the Consignee or his designated agent as proof of delivery. An additional charge of $10.00 will be assessed for this service.
There will be no charge if proof of delivery is furnished in defense of a formally filed claim.
RUSH will not accept shipments of the following nature:
- Shipments requiring prior notification to accomplish delivery;
- Shipments of extreme configuration or requiring special equipment;
- Shipments requiring “Protective Security Service” or “Armed Guard Surveillance Service”;
- Original works of art, collections, antiques, or precious stones;
- Human remains;
- Precious metals;and/or
- Bullion or currency.