B & J TRUCKING SERVICES, INC. RULES TARIFF
This Rules Tariff is published in the web site of B & J Trucking Services, Inc. (“B & J”) for the purpose of providing notice to the public in general and to shippers of property who elect to use the motor carrier transportation services of B & J of the conditions and terms under which B & J conducts it business. By use of the services of B & J, the customer or shipper is deemed to agree to the said terms and conditions.
1. Litigation: In the event of litigation between B & J and Shipper arising out of the performance of transportation operations by B & J for the account of the Shipper, the prevailing party shall be entitled to an award of a reasonable attorneys’ fee and all of its expenses of litigation, including without limitation, filing fees, fees for service of process, expert and ordinary witness fees and expenses, expenses of demonstrative evidence, and expenses of depositions and transcripts thereof.
2. Venue and Jurisdiction: The business arrangements between B & J and its several shipper customers are entered into in Clark County, State of Indiana, and are governed by the laws of said state. B & J and Shipper consent to personal jurisdiction and venue in said County and State for all disputes arising out of the performance of transportation operations for the account of Shipper. B & J and Shipper agree that any suits or other proceedings in the nature of litigation, mediation, or arbitration shall be brought and maintained ONLY in such county and state.
3. Waiver: If any provision of this Rule Tariff is waived or not enforced by mutual agreement of B & J or Shipper, said waiver or nonenforcement shall not constitute a waiver or nonenforcement of any other provision hereof and all provisions shall remain in full force and effect.
4. Claims for Consequential Damages for Loss, Delay or Damage to Cargo: B & J shall not be liable for damages for alleged loss, delay, or damage to cargo unless Shipper, in writing, puts B & J on notice of the possibility of consequential damages within a reasonable time in advance of shipment and provides reasonable detail concerning the nature and possible financial loss which could be reasonably expected as a result of such alleged loss, delay or damage to the cargo.
5. All claims for loss, delay, or damage to cargo shall be made, in writing, to B & J within 45 days of the date that the Shipper or its consignee discovers the loss, delay, or damage or reasonably should have discovered the same. Claims shall, at a minimum, contain the following information: a. Name, address, and telephone number of claimant. b. Copy of or at least all pertinent terms of the bill of lading covering the shipment of cargo which is alleged to be lost or damaged. c. Description of the cargo alleged to be lost or damaged. d. Value at point of origin of shipment of the cargo alleged to be lost or damaged. Documentation of the said value shall be provided to B & J with the filing of the claim or within a reasonable time thereafter if unavailable at the time of filing the claim. e. A recitation of the facts allegedly entitling the claimant to recovery from B & J on account of the loss, delay, or damage, together with any supporting documentation then available to the claimant, to be seasonably supplemented as, if, and when additional information or supporting documentation becomes known and/or available.