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when a shipper declared the value of the package to be in excess
of $100.
Under the tariff, shippers could also elect to purchase
accessorial services that had additional charges. Accessorial
services included, among other things, collection on delivery
(COD) and acknowledgment of delivery (AOD).
With respect to damaged and unclaimed property, the tariffs
provided the following:
DAMAGED AND UNCLAIMED PROPERTY
Whenever property is damaged by the carrier in the
course of transportation, the carrier will tender the
damaged property to the shipper and offer to pay for
the damage, not to exceed the actual or declared value
of the property, whichever is the lower. If the
shipper so elects, the carrier will pay the full actual
or declared value of the property, whichever is lower,
and title of the property shall thereupon pass to the
carrier.
Thus, petitioner was obligated to shippers under the tariffs to
pay up to the actual or declared value for loss or damages caused
by petitioner during the course of transporting the package.
Petitioner applied for and received from the ICC an order
generally allowing petitioner and its shippers to agree in
writing that petitioner's liability would be limited to a
released value not exceeding $100 per package. With respect to
the released rate and EVC, the tariff provided as follows:
To determine rates in this tariff:
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Last modified: May 25, 2011