An OD trailer will be brought to your home and left for you to load.
1. ESTIMATED CHARGES:
To determine the charges for the freight loaded by Customer or a third party at Customer's request (the "Shipment"), Customer must enter the Requested Trailer Footage. Customer agrees to pay OD the Total Cost (which shall include the Adjusted Cost Per Foot) for every linear foot of trailer space used (including bulkhead) in excess of the Requested Trailer Footage. When a broker or other third party completes and signs the Bill of Lading for and on behalf of Customer, that entity or person is deemed to be Customer's Designated Agent. Customer and Customer's Designated Agent are jointly and severally liable for the Total Cost. OD shall reduce the Total Cost (which includes the Adjusted Cost Per Foot) for every linear foot used that is less than the Requested Trailer Footage, subject to the Minimum Charge. After the loading is completed, Customer must enter the Actual Linear Footage used. The Actual Linear Footage is subject to inspection by OD. Length will be rounded to the nearest foot.
2. STORAGE-IN-TRANSIT FEES AND DETENTION FEES:
If Customer is unable to take immediate possession of the Shipment, subject to availability, ODFL will store the shipment at its terminal at a cost of $395.00 per trailer per 30 days for up to 3 months. Storage beyond 3 months will be charged at $1000 per trailer per month starting with the 4th month of storage. Storage of Shipment must be scheduled with ODFL prior to arrival at destination terminal. Storage fees will not be pro-rated. Customer shall not have access for the purpose of storing and removing their shipment on a self-service basis. During time of storage, ODFL will be liable for the goods to the same extent as during their interstate transportation. If Customer is unable to take immediate delivery of the Shipment, ODFL will hold the shipment at the destination terminal up to 2 business days for free. Unless storage in-transit is prearranged (see Storage In-Transit section), subsequent days will be subject to detention fees of $50/day per trailer. Customer is given 3 business days at the origin and destination locations to load/unload the trailer. If Customer exceeds this allotted time, a fee of $50/day per trailer will be assessed. If ODFL and Customer have agreed to a live load/unload, additional fees will apply if Customer exceeds the allotted time. OD will not participate in any way in the packing, loading, unpacking or unloading of Customer's Shipment.
3. ADDITIONAL CHARGES:
The charges herein are based on the specifics outlined within this bill of lading, any OD notes attached to this Bill of Lading, the rules and special service charges in the OD 100 tariff and OD 688 series and the terms and conditions in the Uniform Straight Bill of Lading (the "UBL") as published in the National Motor Freight Classification in effect on the date of this Bill of Lading (together, the "Bill of Lading"). The charges are subject to change, including but not limited to:
(1) Change in Trailer Drop Date;
(2) Change in Origin Address or Destination Address;
(3) Parking fees, fines, or trailer tow;
(4) Detention Fees;
(5) Untimely return of ramp to local OD terminal;
(6) Gypsy moth quarantine (California);
(7) Customs delay;
(8) Cancellation within one week of Trailer Drop Date($50) or cancellation on the Trailer Drop Date ($150);
(9) Re-delivery charges of $150 per re-delivery attempt per trailer;
(10) Trash or boxes left on trailer;
(11) Guaranteed Service; and
(12) live load/unload charges.
(13) Weekend or Holiday Service will be subject to an additional fee of $500.00 minimum.
(14) The Addition of a 2nd trailer on an estimate of 28ft or less is subject to a $300 charge in addition to your adjustment price for each foot used above your original estimated footage. When a 2nd trailer is used a minimum of 31ft total (3ft Minimum charged on the 2nd trailer) will apply.
Customer will be provided with a written itemization of any additional charges due from Customer, which shall constitute part of this Bill of Lading.
4. LIQUIDATION OF ABANDONED GOODS:
(1) Notice of the Shipment's arrival will be given by: (a) Actual tender of delivery at Destination Address; or (b) Telephone, if convenient and practical; or (c) Written notice, including facsimile, e-mail or telegraph. (2) If the Shipment cannot be delivered because of Customer's refusal to accept it, or because OD cannot locate Customer or the Destination Address, or because of an error or omission on the part of Customer, OD will make a good faith effort to notify Customer promptly that the Shipment is in storage at an OD terminal. (3) When transmitted by mail or telegraph, the notice provided by OD to Customer will be deemed to have been received at 8:00 a.m. the first business day after it was mailed or telegraphed. If notice is given by telephone or facsimile, OD's record of the date will be deemed conclusive. If written notice is given by certified mail, the earlier of the date of Customer's signature or expiration of five (5) business days from the date of mailing will determine the arrival notice date. In the event Customer fails to take delivery of the Shipment, after sixty (60) days from the date of the notice OD will deem the Shipment abandoned and shall have the right to liquidate the Shipment and retain the proceeds of the liquidation in lieu of freight charges and services rendered as liquidated damages.
5. PAYMENT TERMS:
(a) Transportation Only: OD will accept payment with VISA, MasterCard, American Express, cashier's check or money order. Credit card payments will be processed while the Shipment is in transit. Payment by cashier's check or money order may be presented to the OD driver at destination location upon delivery of the Shipment. Additional charges for services provided at the Destination Address will be applied to the credit card on file. The Shipment will not be released at the Destination Address until payment in full has been made or an extension of credit has been granted by OD in accordance with Item 434 in the ODFL 100 Series. (b) Transportation & Storage-In-Transit: Optional storage in-transit requires credit card payment. Transportation and one month's Storage-in-Transit Fees will be charged to Customer's credit card while the Shipment is in transit. Subsequent Storage-in-Transit Fees or Detention Fees, if applicable, will be charged to the credit card on file with OD or added as additional charges to accompany the credit terms extended by OD in accordance with Item 434 in the ODFL 100 Series.
6. NO WARRANTY:
OD DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT PROVIDED HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTY TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE, OPERATION OR SAFETY. ALL RISKS ARE TO BE BORNE BY CUSTOMER. WITHOUT LIMITING THE FOREGOING, OD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO CUSTOMER OR ANY OTHER PERSON WITH RESPECT TO THE FOLLOWING, REGARDLESS OF ANY NEGLIGENCE OF OD: (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT, ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT (LATENT OR OTHERWISE) THEREIN, OR ANY OTHER CIRCUMSTANCE IN CONNECTION THEREWITH; OR (II) THE USE, OPERATION OR PERFORMANCE OF ANY EQUIPMENT OR ANY RISKS RELATING THERETO. BY SIGNING THIS BILL OF LADING, CUSTOMER STATES THAT IT IS CAPABLE OF PACKING, LOADING, UNPACKING AND UNLOADING THE SHIPMENT AND IS CAPABLE OF USING ANY AND ALL NECESSARY EQUIPMENT, AND HEREBY RELEASES OD, IT AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES AND ASSIGNS FOR ANY AND ALL DAMAGES AND PERSONAL INJURY (INCLUDING DEATH) WHICH MAY OCCUR DURING THE PACKING, UNPACKING, LOADING OR UNLOADING OF THE SHIPMENT.
7. DISPUTE RESOLUTION:
(a) Should a dispute arise relating to any term or condition of this Bill of Lading, OD can elect, at its sole discretion, to engage in mediation or arbitration or to pursue resolution in the City of High Point, North Carolina or the Circuit or General District Courts in Guilford County, North Carolina. (b) Should OD employ an attorney to institute suit or demand arbitration to enforce any of the provisions hereof, to protect any interest arising under this Bill of Lading, or to collect damages for any breach of this Bill of Lading, OD will be entitled to recover reasonable attorneys' fees, costs, charges and expenses expended or incurred therein. "Reasonable attorneys' fees" is defined as (1) 1/3 of the principal amount due or (2) the customary hourly charges of OD's attorney, whichever is greater. (c) Customer consents to jurisdiction in the State of North Carolina, and venue for any mediation or arbitration under this Bill of Lading in the City of High Point, North Carolina. Customer also consents to suits to enforce this Bill of Lading in the courts of the city of High Point, North Carolina or Guilford County, North Carolina, at OD's option.
8. WAIVER OF JURY TRIAL:
WITHOUT INTENDING TO LIMIT THIS BILL OF LADING, TO THE EXTENT ANY CLAIM IS NOT MEDIATED OR ARBITRATED, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF SUCH CLAIM. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS BILL OF LADING.
9. SEVERABILTY:
If any provision of this Bill of Lading is for any reason adjudged by a court to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remainder of this Bill of Lading.
10. APPLICABLE LAW:
Customer acknowledges that OD is a general commodity carrier and that the Shipment will be subject only to the laws and regulations governing commodity carriage. The Shipment shall be subject only to Federal laws and statutes. In the event that the laws or statutes of any state are held to apply, OD and Customer hereby agree to be bound by the laws and statutes of the State of North Carolina without regard to the principle of conflicts of laws.
11. JURISDICTION:
OD and Customer hereby consent and submit exclusively to the jurisdiction and service of process of the courts of the State of North Carolina or the courts of the United States located in Guilford County, North Carolina.
INSTRUCTIONS:
1. GENERAL:
An empty trailer will be delivered by OD to Customer on the Trailer Drop Date at the Origin Address. Customer (and not OD) shall be solely responsible for loading, unloading, packing and unpacking. To have the loaded trailer picked up, contact OD at 877-358-6928. OD will deliver or pick up your trailer on Monday through Friday only (Non-Holiday's). Customer must be present on the Trailer Drop Date or additional fees may apply (see "Additional Charges," above). The number of days of transit time following pickup by OD but prior to the Delivery Date ("Service Days") does not include day of pickup, weekends or holidays. For multiple trailer shipments, Service Days are computed beginning with the business day following pickup of the last loaded trailer.
2. PACKING, LOADING, UNLOADING AND UNPACKING:
Customer is responsible for all packing, loading, unloading and unpacking. Customer is responsible for packing all personal effects using proper containers and protective padding supplied by Customer. OD is responsible for installing the bulkhead, an OD-supplied wall that separates the Shipment from other cargo on the trailer. The bulkhead is not designed to withstand the entire weight of your belongings if the load shifts in transit. The maximum weight allowed on the trailer is 825 pounds per linear foot. Shipments exceeding this weight limit will be subject to additional charges.
3. TRAILER PARKING:
An OD 28-foot commercial trailer will be delivered on the Trailer Drop Date at Customer's sole risk at the Origin Address, and shall also be delivered on the Delivery Date at Customer's sole risk at the Destination Address. Customer agrees that OD shall have no liability for any damage to real property or improvements arising out of the placement or removal of any Equipment. It is Customer's responsibility to obtain permission for the placement of the trailer. Customer will be responsible for any charges or fees, including but not limited to parking charges, violations, towing, or real or personal property damage, arising from the placement of the trailer.
4. OPTIONAL EQUIPMENT:
A ramp will be available at most locations and will, if available, be delivered with the OD trailer. The maximum weight limit for the ramp is 1,000 pounds. Customer is responsible for contacting the OD terminal for pickup when Customer has completed the packing/loading or unpacking/unloading, as applicable. The ramp provided by OD must be loaded by Customer outside the bulkhead wall because the ramp is not intended to travel with the Shipment. Additional charges will apply if the ramp travels with the Shipment to the Destination Address. If ramp is not returned to OD, replacement charges of up to $1250 will be applicable and will be charged to Customer.
5. HAZARDOUS WASTE, HAZARDOUS MATERIALS AND COMMODITIES OTHER THAN HOUSEHOLD GOODS:
Customer agrees to include only household goods (e.g., furniture, furnishings, and other items associated or used in a personal or family residence) in the Shipment. Customer further agrees not to include hazardous waste or hazardous materials of any type (including but not limited to petroleum products, compressed gases, corrosives, explosives and flammables) in the Shipment. Propane tanks may not be shipped under any circumstances - full or empty. Hazardous waste or hazardous material violations could result in additional charges from local, state, and federal fines, as well as but not limited to loss or damage to property and personal injury. All such charges, losses, damages or injuries arising from violation of this section shall be the sole responsibility of Customer.
6. LIMITED CARGO LIABILITY:
Due to the fact that the Customer is responsible for loading and unloading of the goods, liability coverage only applies to damage caused by ODFL negligence. In the event of damage caused by ODFL's negligence, ODFL's liability shall be limited to $0.10 per pound per item damaged ("Coverage"). Coverage is liability coverage for carrier negligence, not insurance for your goods. In the event of cargo damage caused by one of the following catastrophic events: trailer fire, vehicle collision, vehicle overturn or complete trailer theft - ODFL does not provide insurance for Customer’s goods. ODFL assumes the liability of a common carrier, subject to the provisions of 49 U.S.C. 14706, but only for its own negligence. Customer should consult its homeowner’s or renter’s insurance policy, as appropriate, to determine if such policies would provide coverage for loss or damage to the Shipment during transit.
7. LIABILITY:
Customer agrees to indemnify, defend and hold OD harmless from and against any and all claims for loss, expense, liability, injury or damage arising out of or in connection with the performance by Customer, its agents or contractors with respect to the Shipment. OD shall not be liable and hereby disclaims responsibility for any direct, indirect, incidental or consequential damages, special, punitive, multiplied or other direct or indirect costs, lost profits, fees, or charges of any kind arising from any claims filed hereunder, or any other acts, including delays or omissions of OD, whether foreseeable, disclosed or not.
8. ASSUMPTION OF RISK:
Customer assumes all risks and liability arising from the use and operation of the Equipment and understands that the Equipment can cause injury or death to Customer or others. Customer assumes full responsibility for and agrees to indemnify, defend and hold harmless OD from any and all loss, liability, damage and expense in connection with the use or operation of the Equipment.
A linear foot is 12 inches measured from front to back. Our trailers are 28 feet in length. That means each trailer has 28 linear feet of available space. For every linear foot that you use, you have the full width (8 feet) and full height (9 feet). That nets out to about 2,000 cubic feet per trailer. Which is typically enough space for the average three- to four-bedroom home. And remember: OD will only charge you for the space you actually use, down to a minimum of 3 linear feet. Sound good?
That's cool. Moving is a big deal. The good news is that OD can save your estimate and email it directly to you. Rest assured that just like your precious belongings, your information is in good hands with us. We're ready when you are.
