Right Way Trucking

Right Way Trucking Service Conditions:

Governing Publications
Scope of Operations and Services Provided
Payment of Freight charges
Accessorial services and charges
Claims liabilities and limitations
Claims processing and salvage
Credit and collection provisions
Fuel Surcharge

Governing Publications :
All shipments on Right Way trucks will be subject to the terms of the Standard Truckload Bill of Lading (STBOL), a copy of which is attached with this document. The terms and conditions of the Standard Truckload Bill of Lading supercede all other documents. Right Way drivers accept nonconforming bills of lading as receipt of goods only.

Scope of Operations and Services Provided :
Right Way Trucking provides freight transportation services by truck in the 48 contiguous states of the United States of America. We do not offer temperature-controlled services at this time.
A shipment/load is defined as the freight that can be legally loaded onto a 53-foot dry van. We do not haul hazardous materials. Rates will be individually determined based on the freight, the distances traveled and the loading and unloading destinations. The rate will be agreed to in writing with a load confirmation document.
Rates for loads requiring multiple pick up points and/or multiple drop points will be negotiated and agreed to on the load confirmation document. If additional pick up points and/or drop points are added to the shipment/load after the load confirmation document, they will be billed at the rate of $75 per pick/drop plus additional mileage required to reach the additional picks/drops at the rate of $1.50 per mile to the additional pick/drop points. If additional mileage to reach the additional pick/drop points is minimal, the additional mileage charge may be waived. These pick/drop rates are based on the fact that each pick/drop will take one hour or less for loading/unloading. If the pick/drop takes more than one hour to load/unload after the truck arrives, there will be an additional charge of $100 per hour or fraction thereof in excess of the one hour allotted for the pick/drop.

Payment of Freight Charges:
Right Way Trucking will submit an invoice for services performed to the broker or shipper, in the case of directly contracted loads, at the conclusion of each shipment. All brokers are considered agents of the shipper.
The invoice is due and payable upon presentation. Any invoice remaining unpaid beyond thirty days is subject to a finance charge of 1 ½ % per month. Any collection, legal fees and other charges necessary to collect past due amounts will be added to the amount due. Any offset because of dispute on claims will still be subject to finance and collection charges.

Very often freight/loads are contracted through 3 rd party brokers. Brokers are billed for the shipper's convenience and recourse is provided under the bill of lading contract to the shipper. In the event of non-payment of invoices submitted to the broker, the shipper who contracted for Right Way Trucking services through the property broker will ultimately be held liable for all shipping and accessorial charges related to the shipment.

Accessorial Services and Charges:
The new federal HOS (hours of service) rules make it even more imperative to achieve a high level of cooperation between shippers, receivers and truckers. It will soon be impossible to meet the transportation needs of our society unless everything possible is done to keep the trucking assets we have moving all of the time. It is no longer acceptable for trucks and drivers to wait long periods of time to be loaded and unloaded. Shippers and Receivers have the greatest control of loading and unloading time and therefore must be responsible for the timely processing of trucks through their facilities. The following charges will therefore be applied in the event of excessive time to load and unload our trucks.

Detention Charges:
First hour and a half from check in $ 0
Every hour or fraction thereof after first hour and a half $100
Flat rate charge to deliver to warehouses requiring the
driver to pay lumpers or warehouse personnel to unload
and/or restack freight. $200
Under the anti-lumping statute, a shipper or consignee cannot force or coerce a carrier to retain lumpers or dockhands to load or unload trailers. See 49 U.S.C. 14103 reproduced below. In accordance with the statute, Right Way Trucking drivers will not be coerced to unload and/or restack freight. In the event the receiving warehouse refuses the freight because of this policy, Right Way Trucking will deliver the freight to the nearest public warehouse. The freight will not be released until all freight charges, public warehousing charges, and a special handling fee of $600 is paid to Right Way Trucking. These charges are in addition to the detention charges listed above.

TITLE 49 > SUBTITLE IV > PART B > CHAPTER 141 > SUBCHAPTER I > Sec. 14103 .

Sec. 14103 . - Loading and unloading motor vehicles

(a) Shipper Responsible for Assisting. -
Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

(b) Coercion Prohibited. -
It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.
When a truck is ordered and not used, the consignor will be billed at the rate of $1.50 per mile for the empty miles incurred in moving the equipment under dispatch to pick up a subsequently canceled load.

Claims Liabilities and Limitations:
Under no circumstances will the Right Way Trucking Company accept liability for special or consequential damages such as lost sales, lost customers, plant shutdowns, etc. due to providing transportation services. Right Way Trucking will provide reasonable dispatch but cannot be held responsible for delays caused by weather, acts of God or conditions beyond its control such as equipment breakdowns.
Unless otherwise indicated, all shipments will be rated as FAK or freight all kinds shipments for named customers and are subject to maximum cargo liability of $100,000 per truckload. This is consistent with the limit of the cargo liability insurance carried by Right Way Trucking.

Claims Processing and Salvage:
All claims for lost damage, injury or delay are to be construed in accordance with the federal regulations which are set forth at 49 C.F.R. §370.

Credit and Collection Provisions:
Any collection, legal fees and other charges necessary to collect past due amounts will be added to the amount due. Any offset because of dispute on claims will still be subject to finance and collection charges.