Terms & conditions of service

These terms apply to every shipment that Orest Express, Inc. ("OREST", "we", "us") transports for a shipper, consignor, consignee or other party that tenders or pays for the freight ("Customer", "you"). Tendering a shipment to us, or accepting our quote, rate confirmation or Customer Freight Transportation Contract & Authorization, means accepting these terms.

1. Scope and order of precedence

• A written transportation agreement signed by both OREST and Customer controls over these terms.
• The rate confirmation or Contract & Authorization for a shipment controls that shipment's rate, accessorial charges, declared value and payment terms.
• These terms control over any conflicting terms printed on a bill of lading, tender, purchase order, routing guide, portal or other shipping paperwork, unless we agree otherwise in writing. A bill of lading serves as a receipt for the freight.
• Federal law governing interstate motor carriage, including 49 U.S.C. Subtitle IV, applies where it governs.

2. Services

We transport truckload and partial (LTL) dry freight in dry van trailers with our own trucks and drivers. When a shipment is moved by another motor carrier that we arrange, the rate confirmation names that carrier, and that carrier's cargo liability and claim procedures apply to the shipment; we help you file the claim and gather the documents.

3. Rates and quotes

• Rates are based on the information you give us: pickup and delivery locations, dates and appointment times, commodity, weight, piece or pallet count and dimensions. If the actual shipment differs, the rate may be adjusted and additional charges may apply. We may invoice those charges up to 200 days after delivery.
• A rate covers one pickup, one delivery and the services named on the rate confirmation. Other services are charged as described in section 5.
• A quote is valid for the shipment and pickup date it names.
• Transit times and arrival estimates are estimates, not guarantees, unless we guarantee a delivery time in writing.

4. Fuel surcharge

Unless a rate is quoted as all-in, a fuel surcharge is added to the net charges of each shipment from the OREST Express Fuel Surcharge Chart (Appendix A), per mile of the shipment's billed miles. When the U.S. Department of Energy (D.O.E.) national average on-highway diesel price falls in a band of the chart, the surcharge is that band's amount: $0.01 per mile from $1.15 per gallon, rising $0.01 per mile for every $0.05, to $1.37 per mile from $7.95 to $8.00. A band includes its From price; a price equal to its To price falls in the next band. Above $8.00 the chart continues at $0.01 per mile for every further $0.05. The D.O.E. Diesel Fuel Index is updated every Monday at 4:00 pm and is effective the following Tuesday. Current U.S. on-highway diesel fuel prices are available at eia.gov/petroleum/gasdiesel.

5. Accessorial charges

The charges below apply unless your rate confirmation or a signed agreement states a different amount.

Detention

$60 per hour, starting 2 hours after the scheduled appointment time (or 2 hours after the driver's arrival, if the driver arrives after the appointment) until departure, billed in 15-minute increments, with no maximum. Times are recorded by our GPS and electronic logging records.

Truck ordered not used (TONU)

$250 when a shipment is cancelled less than 24 hours before the scheduled pickup, or when our truck arrives and the freight is not ready or is not tendered.

Layover

$250 per day when the truck is held overnight, or a pickup or delivery is moved to a later day, at the request of Customer, the shipper or the consignee.

Additional stop

$75 for each stop beyond the first pickup and the final delivery, unless the stop is included in the rate.

Driver assist

$150 per stop when the driver loads, unloads, sorts or counts freight. By arrangement before pickup only.

Lumper and unloading fees

Billed at cost, with the receipt.

Redelivery or reconsignment

$250, plus the additional miles at the shipment's per-mile rate.

Fines, scale and permit costs

Billed at cost when caused by how the freight was described, packed or loaded by Customer or its shipper.

6. Customer responsibilities

• Provide an accurate bill of lading naming the shipper and consignee, addresses, commodity, piece or pallet count, weight, any special handling and your reference numbers.
• Package, load, block, brace and secure the freight for normal transportation. When the driver is not allowed to observe loading, the count and condition are the shipper's ("shipper load and count"). If a shipper applies a seal, record its number on the bill of lading. We are not liable for shortage or concealed damage on a shipper-loaded trailer delivered with the original seal intact.
• Tender freight within legal weight and axle limits, distributed so the trailer can be scaled legally.
• Give our drivers safe access to loading and unloading facilities and keep scheduled appointments.
• Do not tender, without our written agreement before pickup: hazardous materials, freight that needs temperature control, money, negotiable instruments, jewelry, precious metals, works of art or other items of extraordinary value, live animals, or anything prohibited by law.

7. Invoices and payment

• Payment is due within 30 days of receipt of our invoice, unless your approved credit terms or the rate confirmation say otherwise. Credit is extended after approval of our credit application.
• We may require payment before pickup, or decline new shipments, when an account is past due or over its credit limit.
• Questions about an invoice must reach us in writing within 30 days of the invoice date. Please pay the undisputed portion on time.
• You may not deduct or set off a cargo claim or any other claim against freight charges. Claims are handled under section 9.
• If an invoice directs payment to a factoring company, payment to that remit-to address pays the invoice.
• Customer remains responsible for freight charges when a third party designated to pay them does not.
• Customer agrees to pay reasonable costs of collecting past-due amounts, including attorneys' fees and court costs.

8. Cargo liability

• We are liable for loss of or damage to freight while it is in our possession, as provided by 49 U.S.C. 14706 and subject to these terms.
• OREST carries $1,000,000 in cargo insurance. Our liability for cargo loss or damage is limited to $100,000 per shipment unless a higher value is declared by Customer and agreed to in writing by OREST before pickup. Unless so agreed, the value of the cargo is taken to be under $100,000. Additional charges may apply to a higher declared value.
• Within that limit, we pay the actual value of the lost or damaged goods, measured by Customer's invoice value or replacement cost, whichever is less, less any salvage.
• We are not liable for loss, damage or delay caused by an act of God, a public enemy, an act or default of Customer or the shipper (including inaccurate description, improper packaging or improper loading), the authority of law, or the inherent nature or vice of the goods.
• We are not liable under any circumstances for special, incidental or consequential damages, including loss or damage resulting from delay or non-delivery, loss of sales, income, interest or profits, attorneys' fees and other costs.

9. Claims

• Note any visible loss or damage on the delivery receipt before signing it. Report concealed damage in writing within 5 days of delivery, and keep the goods and packaging for inspection.
• File a cargo claim in writing within 9 months of delivery, or of the date delivery should have been made. Include our load number or the bill of lading, a description of the loss, the amount claimed and supporting documents (bill of lading, signed delivery receipt with exceptions, invoice or replacement cost, photographs). Send claims to info@orestexpress.com or to the address above.
• We acknowledge a claim within 30 days and pay, decline or make a firm offer within 120 days, as provided by 49 C.F.R. Part 370.
• Damaged goods must be made available for inspection. When we pay the full value of goods, the salvage is ours.
• A lawsuit on a cargo claim must be filed within 2 years from the date we decline any part of the claim in writing.

10. Indemnification

Each party will defend, indemnify and hold the other harmless against third-party claims for bodily injury, death or damage to property (other than the freight, which sections 8 and 9 govern) to the extent caused by the negligence or willful misconduct of that party or its employees or agents.

11. Events beyond our control

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including severe weather, natural disasters, road or border closures, acts of government, strikes, epidemics, war, riots or fuel shortages. This does not excuse payment for services performed.

12. Governing law

These terms are governed by the laws of the State of Illinois, except where federal law governs. Any dispute is subject to the jurisdiction of the appropriate court within the State of Illinois.

13. General

• Tenders, rate confirmations, signatures and documents exchanged electronically are binding as if on paper.
• A written agreement or amendment binds both parties only when executed by both. We may update these terms; the version posted on this page when a shipment is tendered applies to that shipment.
• If any part of these terms is unenforceable, the rest remains in effect. Not enforcing a term is not a waiver of it.
• The parties have required that these terms and all related documents be drawn up in the English language only.

Contact

Orest Express, Inc., 221 Joey Drive, Elk Grove Village, IL 60007. Phone 630-376-6373. General and claims: info@orestexpress.com. Invoices and payments: billing@orestexpress.com.

Appendix A. OREST Express Fuel Surcharge Chart

D.O.E. national average on-highway diesel price per gallon, and the truckload fuel surcharge per mile.

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