JDSB Trucking, LLC
Rules Tariff JDSG-100
Effective June 18, 2026
5240 W 47th Street, Chicago, IL 60638708-290-7775info@jdsbtrucking.com
This publication (the “Rules Tariff”) contains the rules governing services provided by JDSB Trucking, LLC (“JDSB”) and/or its subsidiaries, affiliates, and parent corporations as identified on https://jdsbtrucking.net, as well as the explanation of, and minimum charges for, optional services that may be requested by the shipper, consignee, or third-party payor beyond those normally associated with standard transportation. Any exceptions to these rules and rates must be agreed to by all parties, by written contract or by confirmed written communication, prior to the shipment tender or prior to the performance of the services provided for herein.
Provisions in the Rules Tariff apply to shipments tendered to JDSB on or after June 18, 2026. This Rules Tariff replaces all prior Rules Tariffs, which are null and void. This Rules Tariff may be changed from time to time, and JDSB will endeavor to provide 30 days’ advance notice of such changes.
The term “Customer” refers to the person or entity contracting to engage, and/or the entity directly paying for, JDSB services. The Customer warrants it has the authority to enter into this agreement and agrees to be bound by the terms of the Rules Tariff. Any party acting on behalf of the Customer, the beneficial owner, the shipper, or the receiver who accepts a shipment from or tenders a shipment to JDSB also agrees to be bound by the terms of the Rules Tariff. The Customer is responsible for ensuring that all such parties are given notice of the applicability of the Rules Tariff. Tender of any shipment to JDSB, or acceptance of any shipment from JDSB, by the Customer or by any party acting for or in privity with the Customer, constitutes that party’s unconditional acceptance of, and agreement to be bound by, this Rules Tariff in effect on the date of tender, whether or not the party has read it.
Charges for accessorial and other miscellaneous services included in this Rules Tariff are in addition to rates charged for transportation services. Such charges are generally the responsibility of the Customer paying the trucking charges. JDSB will bill the Customer as a convenience to the shipper and/or consignee and retains recourse to the shipper and/or consignee for nonpayment of fees. Any Customer that bills or collects freight charges on behalf of another third party that are due to JDSB shall receive such payment in constructive trust, to the extent such charges are due and owing to JDSB. JDSB reserves the right to pursue the actual shipper, beneficial owner, and/or consignee of any shipment for unpaid charges regardless of whether the underlying bill of lading is marked prepaid or collect.
Customers shall be deemed to have used the Uniform Bill of Lading found in 49 C.F.R. 1035, Appendix A, whenever tendering freight to JDSB. Drivers will accept other bills of lading as a receipt of goods only. The terms and conditions expressed on nonconforming bills of lading will not apply when they conflict with the terms and conditions of this Rules Tariff.
Upon presentation of charges by JDSB, approval/confirmation must be received by the applicable terminal within twenty-four (24) hours. If the Customer fails to confirm the accessorial charges presented, tacit approval will be deemed to have been received. In the absence of a written objection from the Customer, supported by documentation, delivered within the confirmation period set forth above, JDSB’s records and calculations of all accessorial and other charges shall be conclusive and binding on the Customer.
At the Customer’s written request and subject to authorization, JDSB will forward immediate payment to the railroad for storage on loads awaiting delivery. However, an additional 5% will be assessed in addition to the railroad storage charges.
When JDSB is required to advance fees on behalf of Customers, an administrative fee of ten (10) percent will be assessed. A minimum charge of $25.00 will apply.
Customer shall not offset from, or delay the payment of, lawfully established transportation charges due to JDSB as a result of any overcharge claim, charge-back, duplicate payment, or loss and/or damage cargo claim. A formal claim shall be filed and processed separately.
JDSB may elect, at its sole discretion, to extend credit to the Customer. In accordance with 49 CFR 377, all invoices are due and payable within thirty (30) days of the invoice date. JDSB may assess a finance charge of two percent (2%) per month — twenty-four percent (24%) per annum — on charges that are not received by JDSB when due. JDSB’s policies on finance charges are designed to comply with usury laws; if the finance charge exceeds allowable limits, then the applicable rate(s) will be automatically reduced to the maximum allowed. Customers are expected to pay all of the fees, charges, and costs billed to them. All expenses incurred by JDSB to collect money owed shall be paid by the Customer. In the event that suit must be filed to collect any money owed, the Customer shall pay the reasonable attorney’s fees (calculated pursuant to the Lodestar method), costs, and expenses of JDSB. JDSB may apply any payment or credit received to any charges owed by the Customer in any order and manner JDSB elects, in its sole discretion, notwithstanding any contrary instruction, designation, or notation by the Customer, including application first to the oldest outstanding charges or to charges JDSB deems least secured.
Customer may not “short pay” freight charges or deduct charges from freight bills unless authorized to do so in writing prior to the deduction. Customer waives its right to any contested cargo claim that is set off against freight charges.
In the event the originally invoiced party (debtor) fails to pay any charges and JDSB must bill another party, a charge of $25.00 will be added to the invoice to defray JDSB’s costs of re-billing, printing, mailing, and conducting related collection activities.
Upon receipt of written notification that a check has been returned to JDSB for non-payment due to insufficient funds, a fee of $55.50 (plus any bank fees borne by JDSB) for each returned check will be applied against the Customer’s account. Customer may be placed on a “cash only” basis if not cleared to the satisfaction of JDSB.
All accessorial charges, including but not limited to rail storage, demurrage, per diem, etc., are the responsibility of the Customer. JDSB has full recourse, and the permission of the contracting party — including but not limited to door moves with equipment owners — to seek and recover any and all funds from the shipper, consignee, etc.
Certain shipments may be temporarily stored on JDSB’s premises, either for the convenience of the Customer or for that of JDSB. JDSB’s legal liability for such shipments will be that of a motor carrier and limited pursuant to Section 3 of this Rules Tariff. JDSB’s legal liability is also that of a motor carrier in the event the Customer or consignee refuses delivery of tendered cargo and instructs JDSB to stop the movement of cargo and hold it for later delivery, or otherwise prevents proper disposition of the cargo. JDSB’s liability will not exceed $0.10 per pound of the goods stored. If the weight of the goods is unknown, the weight shall be deemed to be 45,000 lbs. For shipments held pursuant to this paragraph, the Customer may request an increase in legal liability by submitting a written request for a higher released value and paying an additional charge as described in Section 3 of this Rules Tariff. In addition, daily storage charges will apply at a minimum rate of $150.00 per day. In order to reduce or eliminate storage charges at a rail ramp or ocean pier, JDSB may shuttle a loaded intermodal unit to an offsite drop yard. JDSB’s legal liability for such shipments will be that of a motor carrier and limited pursuant to Section 3 of this Rules Tariff. Additional charges are usually billed for such moves. If such a shuttle is done for the Customer’s convenience or benefit, JDSB will accept no liability for per diem charges that may accrue while the equipment is at the drop yard.
All costs, charges, fees, fines, penalties, per diem, demurrage, detention, storage, chassis, congestion, examination, and other amounts assessed, imposed, or passed through by any railroad, ocean or motor carrier, steamship line, terminal, port, chassis or equipment provider, government agency, or other third party in connection with a shipment are the sole responsibility of the Customer, are payable without offset or deduction under Sections 2.4 and 2.6, and shall not be borne by JDSB, except, and only to the extent, a charge results solely from JDSB’s own gross negligence. JDSB bills such amounts as a convenience only and retains full recourse to the shipper, consignee, and beneficial owner of the freight.
(a) Deadline; Finality. The Customer must dispute any invoice or charge in writing within fifteen (15) days of the invoice date. If the Customer does not deliver a conforming written dispute within that period, the invoice is conclusively deemed correct, due, accepted, and an account stated, and the Customer irrevocably waives all objections to it. Where a different period is specified elsewhere in this Rules Tariff (including Sections 2.1 and 5.2), that specific period controls for the charge it addresses.
(b) Form of Dispute. To be valid, a dispute must be in writing (email is sufficient), must identify the specific invoice and charge and the specific factual and legal basis for the dispute, must include all documentation the Customer relies on, and must be certified as true and made in good faith by an authorized representative of the Customer. Conclusory, blanket, or unsupported disputes are void and do not suspend, toll, or reduce any payment obligation.
(c) Pay First. A dispute does not excuse, delay, or reduce payment of any charge, including the disputed charge. All charges are due and payable under Section 2.5 notwithstanding any dispute, and any amount later determined to have been overbilled will be credited or refunded after resolution.
(d) JDSB Records Are Conclusive. JDSB’s business, dispatch, and settlement records, its GPS, telematics, and electronic logging (ELD) data, its gate, ingate, outgate, and equipment-interchange records, its appointment and notification timestamps, and its photographs are conclusive and dispositive evidence of the services performed and the charges due. The Customer waives any objection to the authenticity, admissibility, foundation, or accuracy of such records and agrees that they may be admitted in any proceeding as business records.
(e) No Offset, Setoff, or Counterclaim. In addition to Sections 2.4 and 2.6, the Customer waives any right to offset, set off, deduct, recoup, counterclaim, or withhold against any charge owed to JDSB, and waives the right to assert any such matter as a defense, setoff, recoupment, or counterclaim in any action by JDSB to collect. The Customer must pay all charges in full and may pursue any claim only as a separate, independent action.
(f) Voluntary Payment. Payment of any invoice, in whole or in part, constitutes the Customer’s conclusive acceptance of that invoice and a waiver of any dispute as to it, whether or not the payment is made under protest.
(g) No Chargebacks. The Customer shall not charge back, reverse, recall, or reverse-authorize any ACH, credit-card, wire, or other payment made to JDSB. Any such action is a material breach and an event of default that entitles JDSB to immediately suspend the Customer’s credit and accelerate all outstanding balances, and subjects the Customer to a $100.00 administrative fee per occurrence plus all of JDSB’s costs of recovery.
(h) Costs of a Failed Dispute. If the Customer disputes any charge and does not prevail, or initiates any chargeback, claim, or proceeding that JDSB defeats in whole or in part, the Customer shall pay JDSB’s costs, expenses, and reasonable attorney’s fees incurred in connection with the dispute, in addition to the amount owed and the finance charge under Section 2.5.
(i) Cargo Claims Excepted. This Section governs disputes as to freight and accessorial charges only. Claims for cargo loss or damage are governed exclusively by Section 3, including its claim-filing and suit-limitation periods, and nothing in this Section shortens any period required by 49 U.S.C. § 14706.
JDSB’s cargo liability does not commence until equipment is pulled from a port, intermodal facility, or a loading or unloading facility. JDSB will not be liable for freight loss, damage, or delay caused by: the acts or omissions of any other party or their agents; failure to comply with JDSB’s loading instructions; illegal acts; weather conditions; riots; labor strikes; pandemics; nature or inherent vice of the goods; public unrest; rail, terminal, or port congestion; gate or appointment availability; equipment or chassis shortages; or when the freight is not in JDSB’s exclusive possession. JDSB does not agree, under any circumstances, to be liable for special or consequential damages arising from freight loss, damage, or delay, regardless of notice.
JDSB’s cargo liability for shipments that include transportation by vessel or railroad prior to or after the services provided by JDSB shall be limited to the lesser of $0.10 per pound (based on the weight of the goods listed on an applicable bill of lading, or if none, 45,000 lbs). If any bill of lading is issued by another carrier, such as a rail or ocean carrier, that has limited liability terms — including, but not limited to, a maximum value per pound or package limitation — the cargo liability of JDSB will be the lesser of the limitation of liability above or the limitation of liability as stated on or incorporated into that bill of lading (“International and Intermodal Liability Terms”). In no event shall JDSB be liable for any special, incidental, consequential, punitive, or indirect damages. Customer may request an increase in legal liability — including liability consistent with the Carmack Amendment to the Interstate Commerce Termination Act (49 U.S.C. §14706) — by submitting a written request for a higher released value, paying an additional charge equal to the difference between the desired Released Value and the International and Intermodal Liability Terms, and executing a Released Value declaration (“Released Value Request”). If a shipment is tendered to and accepted by JDSB without the Customer following the Released Value Request process, the Customer acknowledges and agrees that it has elected to tender the shipment(s) to JDSB pursuant to the International and Intermodal Liability Terms. Claims for loss or damage to property transported by JDSB as part of an intermodal shipment as described in 49 CFR § 1090 et seq., or which is governed by an ocean bill of lading, must be submitted within three (3) months following delivery, and in the case of non-delivery, three (3) months following the date the shipment would have been delivered. Any action at law with respect to such a claim must be instituted against JDSB within a period of eleven (11) months from the date of receipt of notice from JDSB that the claim, or any part or parts thereof, was declined.
JDSB’s liability for cargo loss or damage for shipments that do not include transportation by vessel or railroad prior to or after the services provided by JDSB will not exceed $100,000.00 per occurrence, and shipments will not be accepted unless released to a value of $100,000.00 (“Standard Liability Terms”). Customer may request an increase in legal liability by submitting a written request for a higher Released Value, paying an additional charge equal to the difference between the desired Released Value and $100,000.00, and executing a Released Value Request. If a shipment is tendered to and accepted by JDSB without the Customer following the Released Value Request process, the Customer acknowledges and agrees that it has elected to tender the shipment(s) pursuant to JDSB’s Standard Liability Terms. Regardless of whether the Customer utilizes JDSB’s Standard Liability Terms or elects to obtain liability terms through a Released Value Request, the Customer acknowledges that under no circumstances will JDSB be liable for any special, incidental, indirect, or consequential damages (including, without limitation, lost profits or business opportunity) or punitive or exemplary damages incurred or suffered by the shipper as a result of overage, shortage, or damage to shipments transported. Claims for loss or damage to property transported by JDSB not considered part of an intermodal shipment as described in 49 CFR § 1090 et seq., and which are not governed by an ocean bill of lading, must be filed with JDSB within nine (9) months following delivery, and in the case of non-delivery, nine (9) months following the date the shipment would have been delivered, and must conform with the requirements of 49 U.S.C. 14706. Any action at law with respect to such a claim must be instituted against JDSB within a period of two (2) years and one (1) day from the date of receipt of notice from JDSB that the claim, or any part or parts thereof, was disallowed.
The following property will not be accepted for shipment nor as premiums accompanying other articles:
(a) Bank bills, museum exhibits or articles of antiquity, coins, monetary notes, currency, original works of art, deeds, postage stamps, drafts, precious stones, letters, revenue stamps, and valuable papers.
(b) Articles of extraordinary value (in excess of $200,000.00) will not be accepted for shipment or as premiums accompanying other articles.
(c) JDSB shall not be liable for any loss or damage to any prohibited or restricted articles should the consignor tender such articles to JDSB in contradiction of this provision. The Customer agrees to defend, indemnify, and reimburse JDSB for any physical harm, damage, or liability that may result in any way from the transportation of any prohibited or restricted article as identified above.
JDSB neither assumes nor has any obligation to inspect shipments for seals or security devices intended to prevent unauthorized access to a shipment; however, JDSB reserves the right, in its sole discretion, to inspect or not inspect shipments for such seals or security devices. In addition, JDSB neither assumes nor has any obligation to determine when a security device is appropriate. In the event that a shipment requires special security measures (such as high-security seals, shrink-wrap, paper coverings, and the like), it is the duty of the Customer to determine and take the appropriate security measures. Documentation of the application of security devices at shipment origin is the responsibility of the Customer. In determining the extent, if any, of JDSB’s responsibility as a common carrier for loss, damage, or liability to a shipment, the absence of or damage to a seal without physical evidence of contamination, loss, or theft does not establish injury, loss, or damage to a shipment. JDSB shall have no liability for any loss, overage, and/or shortage where JDSB is tendered a shipment with a seal(s) and there is no evidence of a change to the seal(s) while the shipment is in JDSB’s possession.
Claims for concealed freight loss or damage must be reported to JDSB within 48 hours after delivery, and JDSB must have an opportunity to inspect such shipments. Inspections will be scheduled within seven (7) days after receiving such a request, at a date and time mutually agreeable between JDSB or its agent and the Customer and/or its shipper, consignee, or beneficial owner.
Only the Customer may initiate and maintain a claim for cargo loss and damage, or a suit against JDSB. Any party other than the Customer shall not have a claim or cause of action against JDSB for loss or damage to cargo. Any claim submitted or filed by any party other than the Customer with JDSB or any other entity will not be recognized as the Customer’s claim to JDSB without an assignment of rights to that entity by the Customer. All claims must identify the shipment involved, assert liability for a specified amount of money, and must be supported by copies of every applicable bill of lading and delivery receipt. Failure to comply with the claim-filing requirements described herein shall forever bar recovery of a claim.
Filing a claim as prescribed in this Rules Tariff is a prerequisite before the Customer can bring a suit for loss or damage against JDSB. Suit must be filed in compliance with Section 7.5 of this Rules Tariff. Only a claim filed with JDSB by JDSB’s Customer can qualify as a valid claim for recovery of amounts sought in connection with loss or damage to the cargo to which the claim pertains. In order for a claim from the Customer to be recognized as a valid claim, the claim must meet all the requirements set forth in this Rules Tariff.
In the event a freight claim needs to be filed, forms can be obtained by calling the Corporate Claims Department (708-290-7775). Claims for damages require an inspection to be made prior to filing. Inspection by JDSB or an independent agent will typically be scheduled within two business days after receipt of request. Inspection will include examination of the damaged merchandise and the shipping container. The inspection will be limited to a factual report and will normally be accompanied by pictures. A written record of the inspector’s findings will be made in duplicate, with a copy of the report given to the consignee. The inspection report is NOT a claim. To expedite the claim process, it is the responsibility of the claimant to file a cargo claim within the prescribed time limits and to respond immediately to any requests from JDSB for supporting documentation. The claim will be concluded based on facts determined during the investigation.
The following written information is required:
1. Must specify a dollar or determinable amount;
2. Reason for claim (loss or damage);
3. Pro number and bill date;
4. Claimant name, address, telephone, email, and fax number;
5. All applicable bills of lading;
6. Copy of delivery receipt (not applicable on a complete shortage);
7. Verification of paid freight charges;
8. Only one shipment (pro) per claim.
Send all correspondence to:
JDSB Trucking, Attn: Claims Dept.
708-290-7775
JDSB will not accept liability for any detention charges resulting from rescheduled appointments unless the appointment was rescheduled due to a failure of JDSB. Ramp and terminal appointment availability is controlled by the rail or terminal and is outside JDSB’s control. JDSB is not liable for storage, demurrage, or per diem arising from the unavailability of a reasonably available appointment before the last free day (“LFD”).
A “reasonably available appointment” means an appointment offered within JDSB’s reliably staffed operating window of 0600–1900 local time. An appointment offered solely outside that window is not reasonably available, and any resulting storage, demurrage, or per diem is the Customer’s responsibility. Occasional or limited after-hours coverage by JDSB does not expand this window or constitute a representation that after-hours appointments are reasonably available. See also Section 5.5.
Shipments moving under United States Customs Bond for U.S. Customs clearance at a point in the United States will be assessed a $300.00 per-shipment charge. Such charges shall be in addition to all other applicable charges. On shipments requiring the use of more than one trailer, each such trailer shall be considered a separate shipment for the purposes of this provision and subject to a $300.00 per-shipment charge. Line-haul charges on shipments requiring U.S. Customs clearance at a point other than the final destination will be assessed on the basis of rates and charges applicable from the point of origin to the point of U.S. Customs clearance, plus the rates and charges applicable from the point of U.S. Customs clearance to the final destination. Import freight moving in bond may not be included in the same shipment on the same bill of lading and shipping order with freight not moving in bond. Shipments moving under U.S. Customs Bond will not be allowed to stop in transit or split pickup or split delivery. Detention charges, if any, will be assessed against the party responsible for the line-haul charges. For the purpose of applying storage rules and charges in connection with shipments moving under U.S. Customs Bond, notification to the Deputy Collector of Customs that a shipment is available for Customs inspection will constitute tender of shipment for delivery. When JDSB is required to pick up shipping documents or U.S. Customs Release Forms for a forwarder or broker for validation prior to pickup of a shipment, a charge of $50.00 per shipment will apply.
When U.S. Customs and Border Protection (“CBP”) designates a shipment for examination, the Customer is responsible for all resulting charges, including:
(a) round-trip drayage to and from the examination site — $500.00 to the CES, plus the applicable line-haul rate to final delivery;
(b) the $300.00 bonded-freight charge per Section 4.2;
(c) chassis rental at the applicable tariff rate (Section 6.2) for the full duration of the hold;
(d) all per diem, demurrage, and storage accruing at the rail, port, or container yard during the hold, at cost;
(e) all CES facility charges (drayage, devanning, storage), at cost; and
(f) an examination administration fee of $40.00 per day (standard chassis) or $65.00 per day (tri-axle chassis), in addition to the chassis rental in subparagraph (c).
CBP examinations are governmental actions outside JDSB’s control, and no charge or delay arising from an examination shall be JDSB’s liability.
JDSB accepts hazardous materials only when classified as Class 9 (Miscellaneous Dangerous Goods) under 49 CFR § 172.101. JDSB does not accept materials in any other hazard class (Classes 1 through 8). Any non-Class-9 hazardous material tendered will be refused or, if discovered after tender, handled in accordance with this Section and Section 4.12. Customer must comply with applicable federal regulations, including 49 CFR Parts 100 to 185, when tendering hazardous materials. Among other requirements, the Customer must provide a legible bill of lading with proper hazmat information, including the shipper’s certificate containing all required information such as the emergency response number and information, and must affix any required placards before or at the time the shipment is tendered. Failure to comply with these requirements will relieve JDSB of any and all liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any mis-declared, undeclared, or non-Class-9 hazardous materials may be warehoused at the Customer’s risk and expense, or destroyed without compensation, and shall be subject to the mis-declared materials charge set forth in Section 4.12.
Shipments of accepted Class 9 hazardous materials will be subject to an additional charge of $200.00 per shipment, per vehicle used.
Insurance certificates will be provided at the Customer’s request. The certificate will include General Liability, Automobile Liability, Motor Truck Cargo, and certain other coverage where necessary. At the Customer’s request, they will be shown as a certificate holder.
JDSB will not knowingly violate weight restrictions under federal, state, or municipal laws. The Customer must provide advance notification of overweight shipments. JDSB will take whatever actions are necessary to bring equipment into compliance. The Customer must reimburse JDSB for any expenses required to bring equipment into compliance and must pay any fines or expenses resulting from overweight violations.
JDSB will assess a charge of $200.00 for overweight shipments that can be properly permitted and therefore transported legally, plus an additional $150.00 at BNSF Logistics Park Chicago (LPC) or UP Global 4 (G4), in addition to any fines, permit costs, re-work, scale, or other costs incurred to bring the shipment into compliance. The amount of such charges will be established and agreed to at the time of the shipment. If a shipment remains overweight after re-work, an additional overweight charge will apply. This charge is in addition to the Customer’s reimbursement and payment obligations under Section 4.7.
Except where JDSB has accepted special instructions in writing and has issued written acknowledgement of its acceptance thereof, the Customer warrants that the cargo does not require insulated, refrigerated, ventilated, or other special storage or handling not disclosed to and agreed to by JDSB at or before the time of the Customer’s request for services with respect to such shipments.
JDSB will provide transportation with reasonable dispatch and will use commercially reasonable efforts to meet all reasonable pickup and delivery appointments. However, JDSB does not guarantee adherence to any particular transit or appointment schedule and is not liable for delay, interruption, or other failure to transport any shipment by any particular appointment time. JDSB will not be liable for alternative transportation costs, or for other direct expenses or consequential, special, indirect, or exemplary damages arising out of any delay to shipments, unless the Customer has provided a prior written description of the nature and type of such potential delay-related damages and JDSB has agreed in writing to accept responsibility for such damages. Customer notations on a bill of lading signed by a driver do not constitute adequate notification and/or acceptance of such special damages. Time is not of the essence with respect to any pickup or delivery under this Rules Tariff. Without limiting the foregoing, JDSB is not liable for any delay caused by rail, terminal, or port congestion, gate or appointment availability, equipment or chassis shortages, weather, or any other cause, and JDSB’s liability for any delay, if any, arises only to the extent the delay is directly and solely caused by JDSB’s own gross negligence or willful misconduct and is in all events limited as provided in Section 7.12.
The following charges and terms apply to refrigerated (reefer) shipments. Genset rental is provided and billed by the steamship line or equipment owner and is not assessed by JDSB.
(a) Reefer Service Charge. The reefer service charge is $150.00 per shipment.
(b) Reefer Refueling. When refueling of the genset is required, diesel fuel is billed at actual cost, plus a $200.00 reefer refueling fee (which includes one fuel stop).
(c) Setpoint and Temperature Responsibility. The Customer must specify the required temperature setpoint and run mode (continuous vs. start/stop) in writing on the load tender. JDSB monitors and fuels reefer equipment but does not select, verify, or adjust the commodity’s required temperature. JDSB is not liable for loss, damage, or spoilage resulting from a missing, incorrect, or Customer-directed setpoint or run mode; from temperature deviations within ±5°F of the Customer’s specified setpoint; or from genset failure originating with the equipment owner or steamship line.
If a Customer tenders hazardous, restricted, or prohibited materials as general freight, or tenders any hazardous material outside Class 9 (see Section 4.4), a mis-declared materials charge of $4,000.00, plus all charges declared or assessed by the rail line or other equipment provider, will apply. This charge represents a reasonable pre-estimate of the costs, regulatory exposure, and liability JDSB incurs from the undisclosed handling of regulated materials, the actual amount of which would be difficult to ascertain, and is in addition to all other remedies available to JDSB at law or under this Rules Tariff.
JDSB will not accept liability for demurrage and/or per diem charges if such charges are not due solely to JDSB’s own gross negligence, including per diem charges that begin accruing after the date the equipment is dropped at a shipper/consignee or other location at the direction of the Customer, shipper, or consignee. The Customer shall be liable for payment to JDSB of all per diem charges. JDSB will charge to the Customer the equipment owner’s actual or anticipated charges, less any portion for which JDSB is solely liable. An administrative charge of $25.00 per invoice issued by JDSB will be added to the equipment provider’s charges. Customer may be invoiced immediately upon return of the equipment to its rightful owner. In the event of nonpayment, JDSB reserves the right to look to the shipper, consignee, or drop location for reimbursement of per diem charges.
Storage, demurrage, and/or per diem (collectively, “Container Detention Charges”) are sometimes billed directly to the Customer or a third party instead of to JDSB. Storage is incurred for failure to pick up loads at the railroad within the designated amount of free time. Demurrage and/or per diem is incurred for failure to pick up loads at the port or container depot yards within the designated amount of free time. This includes, but is not limited to, store-door detention charges for international moves and EMPU, EMHU, CSXU, UMXU, and other intermodal containers for domestic moves (“Containers”). The Customer may then invoice JDSB for the portion of the Container Detention Charges for which JDSB is liable.
For Containers that are scheduled to be live-loaded or unloaded, JDSB shall have forty-eight (48) hours from the pickup or delivery appointment time to return equipment to the rail or port facility. For Containers dropped at a facility by JDSB at a Customer’s instruction for loading or unloading, or for loaded Containers available to be removed from a port or rail facility, JDSB will be allowed 48 hours’ free time to pick up Containers (day of notification, weekends, and holidays excluded). In the event the standard practice for a particular facility is to wait for an inbound shipment to swap for the to-be-terminated Containers, JDSB will be allowed 48 hours’ free time to pick up Containers from the time an inbound shipment becomes available. In the event JDSB fails to remove Containers within free time, Container Detention Charges will be JDSB’s responsibility. JDSB will not accept responsibility for Container Detention Charges when proper notification is not provided or when 48 hours’ free time is not allowed.
In the event Container Detention Charges are incurred, JDSB requires continued notification on a daily basis that Container Detention Charges are accruing for its account. JDSB will not accept storage, demurrage, or per diem charges without daily notification.
“Proper Notification” is defined as written notification (email) at least 48 hours (excluding holidays, Saturdays, and Sundays) prior to expiration of free time, and only when the equipment is ready and available for pickup. Proper Notification must include:
• Container number;
• Location of container;
• Confirmation that the container is mounted on a road-worthy chassis;
• Confirmation that the ocean carrier has released the container; and
• An available pickup number.
Notification received after 14:00 will roll to the next working day at 08:00 for the purposes of determining the last free day. Customer may not invoice JDSB for Container Detention Charges for any amount higher than the Customer’s obligation to the equipment owner. Customer may not “short pay” freight charges or deduct charges from freight bills unless authorized to do so in writing prior to the deduction. JDSB will not accept invoices without proper backup documentation, or invoices that are received more than 30 days after equipment termination. JDSB reserves the right to dispute the charges within 30 days of receipt of the proper documentation and invoice. If the Customer’s response to any such dispute is not received within 30 days, it will be presumed that the dispute has been accepted and the invoice voided.
Equipment owners typically charge escalating daily rates for equipment detention. JDSB will only pay the “Average Daily Rate” for the per diem period, defined as the total amount of the per diem divided by the number of days.
When third-party equipment is “dropped” or “spotted” at a location for loading or unloading, the Customer is financially responsible for the equipment per diem charges assessed by the equipment provider. The Customer, or its designated agent, must notify JDSB by means of written communication (fax or email) within twelve (12) hours of the trailer being made available for pickup. The Customer will be responsible for any damage to equipment while said equipment is in its care, custody, and control. In the event of non-payment, JDSB reserves the right to look to the shipper, consignee, and/or the drop location (where a Customer requests JDSB to spot a container, the “Drop Location”) for payment of demurrage charges, chassis charges, and/or charges resulting from damage to equipment while at the shipper, consignee, and/or Drop Location.
(a) Lead Time. Customer must provide all pickup and booking information — including pickup number, container release, and any required documents — at least 24 hours prior to the last free day (LFD), and by 14:00 Friday for weekend or Monday pulls. Storage, demurrage, or per diem resulting from the Customer’s failure to provide complete, accurate information within these timeframes is the Customer’s responsibility.
(b) Business-Day Free Time. JDSB’s free time for equipment pickup and return is calculated in business days, excluding Saturdays, Sundays, and holidays. Where an equipment provider, steamship line, or terminal calculates free time on a calendar-day basis (including weekends and holidays), any storage, demurrage, or per diem resulting from the difference between calendar-day and business-day free time is the Customer’s responsibility. JDSB does not guarantee same-day or weekend pickup and is not liable for charges arising from free time that expires on a weekend or holiday, or that provides insufficient business days for pickup within JDSB’s staffed operating window.
(c) Carrier Selection. JDSB does not select the steamship line, equipment provider, or routing; these are designated by the Customer or its forwarder. Charges arising from a designated carrier’s free-time terms, day-counting methods, or policies are the Customer’s responsibility.
(d) ETAs. JDSB schedules based on the ETA provided at booking. ETAs are estimates outside JDSB’s control. Charges arising from delayed arrival, revised ETAs, or free time compressed by late arrival are the Customer’s responsibility.
(e) Charge-Allocation Window. Following actual availability and release of equipment — including release from any customs, terminal, or other hold — JDSB shall be allowed three (3) business days to effect pickup or delivery, and any per diem, demurrage, or storage accruing during this period is the Customer’s responsibility. This subparagraph is a charge-allocation provision and does not guarantee delivery time, which remains governed by Section 4.10.
(a) Per Diem and Demurrage. JDSB does not absorb and is not responsible for any per diem, detention, demurrage, or storage charged by a railroad, steamship line, terminal, or equipment provider; all such charges are the Customer’s responsibility, without offset or deduction under Sections 2.4 and 2.6, except to the extent a charge results solely from JDSB’s own gross negligence.
(b) Capacity. JDSB’s performance is subject to available equipment and driver capacity. A lack of capacity to pick up, deliver, or return a unit within a requested or free-time window does not constitute negligence, breach, or fault by JDSB, and JDSB is not liable for per diem, demurrage, storage, or other charges arising from capacity constraints.
(c) Release Timing. A pickup number, container release, or other pickup authorization provided on or after the last free day (LFD) does not guarantee pickup by the LFD or avoidance of per diem, demurrage, or storage. Following actual availability and release, JDSB shall have the charge-allocation window provided in Section 5.5(e), namely three (3) business days, to effect pickup, and any per diem, demurrage, or storage accruing during that period is the Customer’s responsibility.
(d) Rail and Terminal Congestion. Delays caused by rail-ramp, terminal, or port congestion, gate closures, equipment or chassis shortages, or appointment availability are outside JDSB’s control and are not JDSB’s fault or responsibility; resulting charges are the Customer’s responsibility.
(e) Hours of Service. JDSB’s drivers operate subject to the federal Hours-of-Service regulations (49 CFR Part 395) and all applicable safety laws. JDSB will not, and cannot lawfully, require a driver to operate in violation of those limits, and any delay attributable to Hours-of-Service or other safety compliance does not constitute negligence or breach by JDSB.
(f) Pulled Driver / Dry Run. If a driver is dispatched and JDSB must pull or reassign the driver because a unit is not available, not released, or not ready, or the appointment cannot be met through no fault of JDSB, a full dry-run rate applies in accordance with Section 6.7.
When JDSB is required to advance fees on behalf of Customers, an administrative fee of ten (10) percent will be assessed. A minimum charge of $25.00 will apply.
Chassis is billed per calendar day, including weekends and holidays, as follows: (a) standard chassis, two (2) days included, then $40.00 per day; (b) tri-axle chassis, $150.00 for the first two (2) days included, then $40.00 per day; (c) quad-axle chassis, two (2) days included, then $85.00 per day. Please contact the applicable terminal for specific information and confirmation of the applicable charge.
JDSB will accept collect shipments tendered by the Customer on the express condition that the Customer will be the guarantor of the freight charges should the consignee fail to pay JDSB within the established credit terms. Shipments subject to the provisions of this item will be accepted only when the consignor has established credit with JDSB and guarantees to pay all lawfully accrued charges if the third party fails to do so within the time allowed under the credit policy of the company. The non-recourse provisions of Section 7 of the bill of lading contract will be null and void on shipments tendered under the provisions of this item. The terms of this item shall not be construed as a waiver of JDSB’s right to seek recourse against the actual shipper, consignee, and/or beneficial owner, and JDSB specifically reserves the right to pursue those entities in addition to the Customer and/or consignor.
A charge of $100.00 will be added to the regular rate. However, the conditions listed below must be met. It is the sole responsibility of the Customer to make all arrangements for the C.O.D. transaction.
(a) All necessary instructions must be completely explained on the prenote or load tender;
(b) The specific form(s) of payment must also be explained on the prenote or load tender;
(c) Customer may incur redelivery charges and/or power detention if the C.O.D. transaction is not completed in a timely manner.
When JDSB’s vehicles, with driver and power unit, are delayed or detained beyond the free time (see “Free Time” item) provided for herein at the time of delivery to the consignee or at the time of pickup at the shipper’s place of business, when such delay is not the fault of the carrier, the following will apply:
(a) Charges for detention will be charged to the Customer. Additionally, in the event of nonpayment by the Customer, JDSB will hold the consignee liable in the case of unloading and the shipper in the case of loading.
(b) When computing time, the beginning time shall be the time the driver notifies the shipper or consignee of the driver’s arrival and that the trailer is available for loading or unloading, as the case may be; but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever is first.
(c) When computing detention charges, detention time shall apply irrespective of lunch breaks, coffee breaks, rest breaks, etc.
(d) If, at the end of the business day, unloading has not been completed and cannot be completed that day, the Customer shall be given the following options:
(i) Carrier may return to the carrier’s terminal with the freight that has not been unloaded, but the carrier shall return the following day with the balance of the freight at the commencement of the shipper’s or consignee’s workday; or
(ii) Carrier will drop or spot the trailer at the shipper or consignee location and return the following day; the trailer will be subject to charges for detention without power, including all per diem charges assessed by equipment providers, beginning immediately upon spotting of the trailer, plus additional transportation charges. In either case, any unused free time from the first day will continue into the second day, with charges commencing when all free time has expired.
(e) When delay occurs beyond free time, the charge for detention shall be $100.00 per hour, billed in fifteen (15) minute increments, commencing after the free time provided in the Free Time item.
(f) JDSB shall give the shipper or consignee the opportunity to sign the detention records, and the shipper or consignee may make any corrections to these records at that time. If the shipper or consignee refuses to sign these records, JDSB’s records will govern.
Damages of any kind incurred to equipment of any type (whether owned by JDSB or by another equipment provider) while at a facility of, and/or under the care, custody, and control of, the Customer, shipper, or consignee will be the responsibility of the Customer. The failure of the shipper or consignee, or their respective agents and spotting service, to note damage at the time of tender shall be prima facie evidence that the equipment was spotted in good condition. The Customer shall be liable for the repair cost to any equipment damaged while spotted at a shipper, consignee, and/or Drop Location. Such damage shall be noted by carrier personnel at the time of pickup, and invoices for repairs shall be accompanied by supporting documents. JDSB reserves the right to recover any unpaid charges from the shipper, consignee, or Drop Location as necessary.
Cancellation of an order must be made prior to dispatch. If an order is cancelled the day before or the day of scheduled dispatch (driver not used), a charge of $250.00 will apply. If a driver has been dispatched and the move cannot be completed through no fault of JDSB (dry run), a dry-run charge of $250.00 will apply. Additional charges will also apply to return the equipment to the JDSB terminal for storage. The Customer will also be responsible for payment to JDSB for any per diem or penalty charges by the railroad or other equipment supplier.
It is the Customer’s responsibility to ensure that the consignee accepts the entire contents of the vehicle, including all cargo, damaged product, spillage, leakage, dunnage, bracing, debris, contaminants, etc. If the consignee does not properly clean out the empty vehicle, the following charges will apply, as applicable: (a) driver sweep-out — $50.00 flat; (b) driver wash-out — $120.00 plus the actual cost of the wash-out; (c) driver dunnage or non-hazardous material removal and disposal — $150.00 flat. The Customer will also be responsible for any disposal charges incurred by JDSB for the proper disposal of any material left in the trailer. Other additional charges — such as stop-off charges and possible out-of-route mileage charges — may also be incurred as needed.
JDSB will allow two (2) hours of free time before detention time commences. Detention is billed in fifteen (15) minute increments at the rate set forth in Section 6.5. Any exceptions to this Free Time rule must be agreed to by all parties, by written contract or by confirmed written communication, prior to the shipment tender or prior to the performance of the services provided for herein.
A fuel surcharge applies to all shipments unless otherwise agreed in writing at the time of the load tender. The fuel surcharge is set by JDSB’s Fuel Surcharge Schedule, which is issued under and forms part of this Rules Tariff. The Fuel Surcharge Schedule currently in effect is dated September 19, 2026, and is available at https://jdsbtrucking.net/rules-tariff/ and on request. JDSB may amend the Fuel Surcharge Schedule from time to time on seven (7) days’ written notice (email is sufficient); moves picked up on or after an amendment’s effective date are governed by the amended schedule.
The fuel surcharge has two parts, both indexed to the EIA Midwest (PADD 2) weekly on-highway No. 2 diesel price, using the index published the prior Monday and applied by the date of ramp or port pickup. Part A is a percentage of the linehaul rate: a minimum of 10.00% where the index is below $1.88, increasing with the index up to 72.50% just below $6.92. Where the index is $6.92 or above, Part A is fixed at 73.00% of the linehaul rate and Part B applies in addition. Part B is a per-mile charge equal to the index minus $6.92, divided by 5.5 miles per gallon, applied to all Billable Miles (loaded and empty practical route miles by PC*MILER or an equivalent source, subject to a 50-mile minimum per move, and including prepulls, yard pulls, repositioning, extra stops, dry runs, and chassis moves). The surcharge is billed as a separate line item, is payable on the same terms as the linehaul, and is not subject to any customer cap, discount, offset, or deduction absent a written rate agreement signed by an officer of JDSB. The complete Part A and Part B rate tables and all terms of application are set forth in the Fuel Surcharge Schedule.
Line-haul charges from or to points where direct service is authorized by JDSB’s certificates will not apply from or to points not directly accessible to truck service because of weight, size, or hazardous material restrictions, or because of geographical location. For such points, line-haul charges will apply to the point of transfer to other transportation for delivery only; additional transportation and delivery charges will apply. Rates published “for the Account of” will apply only when freight charges are paid by the named account. Rates published “From the Facilities of” apply when freight originates at that specific location, without regard to the party responsible for payment. Absent a specific written agreement, the following rates will apply to shipments tendered to JDSB: the greater of $4.00 per mile or a $500.00 minimum charge.
Charges for driver labor will apply as follows, each subject to a one (1) hour minimum and billed in fifteen (15) minute increments thereafter: (a) driver assist with loading or unloading — $120.00 per hour; (b) driver count for verification of freight — $60.00 per hour. Driver detention under Section 6.5 may also apply.
When JDSB is required to lay over at a loading or unloading location, a layover charge of $350.00 will be assessed.
JDSB shall have a possessory lien on shipments in its possession and control for the payment of unpaid freight charges owing and due to JDSB.
Lumper fees and charges assessed by shippers or consignees will be charged to the Customer on an actual-cost basis, plus a $25.00 administrative fee. JDSB will submit supporting receipts with its invoice for the charges. JDSB reserves the right to engage helpers at the Customer’s expense to assist the driver in loading or unloading the shipment when any of the following conditions apply: (a) the piece count exceeds 1,000 pieces; (b) individual pieces weigh more than 70 pounds; (c) the total shipment weight exceeds 45,000 pounds; or (d) sorting of cargo is required, in addition to loading or unloading.
Mileage shall be computed from the point of loading to the point of unloading by the practical direct highway miles, calculated by the use of PC*MILER (Practical Miles). When stopping in transit to load or unload part of the load, the mileage used to determine the charges is the aggregate of the mileage from the origin point of the shipment to the final destination via the stop-off points. Mileage required by the order of loading or unloading, and as specified on the bill of lading, shall be used to determine the applicable charges. If, after receipt of the shipment by JDSB and while en route, the Customer requests a different order of unloading or loading than as received and specified on the bill of lading, the aggregate mileage of the new route of movement shall apply. There will be an additional charge for labor required to unload, shift, or reload the freight to accomplish out-of-sequence deliveries (see Labor Charges). These charges shall be in addition to all other charges. If the route of movement, by virtue of the content of hazardous materials, or because of being overweight or over-dimension, or the closing or prohibition of use of bridges, tunnels, or highway sections, requires a longer route by the public authority, charges based on the mileage of the required longer route shall apply.
For shipments originating at or destined to New York, NY (points in the Boroughs of the Bronx, Brooklyn, Kings, Manhattan, and Queens) and points in Nassau and Suffolk Counties, an additional $150.00 per shipment will be charged in addition to all other lawfully published charges.
This service is not provided. JDSB will not be responsible for any pallet exchange or return.
When the Customer requests JDSB to pick up or deliver freight on a Saturday, Sunday, or holiday, such service shall be subject to an additional charge: (a) $200.00 Saturday; (b) $300.00 Sunday or holiday.
All valid pre-notes must state the line-haul rate and fuel surcharge. Pre-notes must also include any accessorial services requested, as well as any pre-approved charges that may differ from this Rules Tariff. JDSB reserves the right to decline any shipment for any reason.
(a) Definitions. For the purpose of this rule, the terms “re-consignment” and “diversion” are synonymous, and the use of either will be considered to mean: (i) a change in the name of the shipper or consignee; (ii) a change in the place of pickup or delivery within the original origin or destination point; (iii) a change in the origin or destination point; or (iv) relinquishment of a shipment at the point of origin.
(b) Conditions. (i) JDSB must be satisfied that the party making the request has the authority to do so; conditional or qualified requests will not be accepted. (ii) JDSB will make a diligent effort to execute a request for re-consignment but will not be responsible if such service is not effected. (iii) All charges applicable to the shipment, whether accrued or accruing, must be paid or guaranteed to the satisfaction of JDSB before re-consignment will be made. (iv) Only entire shipments, not portions of shipments, may be re-consigned. (v) An order for re-consignment of a shipment moving under uniform bills of lading will not be considered valid unless and until the original bill of lading is surrendered for cancellation, endorsement, or exchange.
(c) Charges. A re-consignment or diversion will be charged at $150.00 plus recalculated drayage to the new delivery point.
When an empty or loaded container cannot be delivered or returned due to an embargo, gate closure, or the lack of an available reservation or appointment, a redelivery charge of $200.00 plus $50.00 per day of storage will apply.
A bobtail charge may be billed to terminate empty or loaded equipment that is accruing per diem charges if no return move is immediately available when the tractor drops the equipment. The bobtail charge is $2.50 per mile, subject to a $75.00 minimum, and applies when an unloaded power unit travels to another location to be available to move a shipment. The Customer may avoid such bobtail charges by notifying JDSB, in writing, of the Customer’s agreement to pay for all per diem or charges incurred as a result of forgoing the bobtail move. Such charges do not apply to “stay-with” moves.
Shipments subject to truckload rates and truckload minimum weights, received from one shipper at one point at one time for one consignee at one destination and covered by one bill of lading, may be stopped for partial loading and/or partial unloading, subject to the following provisions:
(a) Each stop-off is limited to one placement of the truck.
(b) Stop-offs for partial loading or partial unloading will not be permitted on shipments moving “in bond” or where Section 7 of the bill of lading has been executed.
(c) The substitution of freight for that originally loaded, or any exchange of contents at a point or place of stop-off, is prohibited.
(d) Charges. Stop-offs en route will be charged at the following rates: $200.00 per stop-off, plus $2.50 per out-of-route mile. One (1) hour free will be allowed at each stop.
(e) Detention charges will apply. Out-of-route stop-offs will be subject to an out-of-route mileage charge.
When the Customer requires weighing of the shipment, a scale charge of $150.00 will apply, plus any incurred scale or weighing fees.
A container dropped or spotted for the Customer’s loading or unloading is billed at ninety percent (90%) of the applicable line-haul rate plus fuel surcharge. Dropped containers require forty-eight (48) hours, or two (2) working days, from the time of empty notification to be picked up; chassis days and other applicable fees will apply. Weekends and holidays are not considered working days. Notification received after 14:00 will be considered received the following working day.
Yard storage is billed at $50.00 per day after the first day; the first day is included. A fraction of a day is charged as a full day, and charges accrue until the container in-gates or is delivered. If a container is dropped, the Customer is responsible for notifying JDSB 24 hours in advance when the container is available for pickup; notification received after 14:00 will be considered received the following day. Storage, demurrage, and per diem assessed by a railroad, terminal, or steamship line are third-party pass-through charges governed by Sections 2.11 and 5.6.
A pre-pull charge of $200.00 applies ($250.00 at CPKC) when a container is pulled from the rail or terminal in advance of the delivery appointment, whether at JDSB’s election to avoid storage or at the Customer’s advance request (including early next-day or Monday unload appointments). Storage after the day of pull is billed under Section 6.27 (Yard Storage). Norfolk Southern (NS) Landers moves are pre-pulled at the first available appointment. The Customer is responsible for notifying JDSB 24 hours in advance when the container is available; notification received after 14:00 will be considered received the following day.
When a container must be flipped from one chassis to another, a charge of $25.00 will apply, plus any terminal-operator charges at actual cost and any applicable driver detention under Section 6.5.
When pickup or termination of a chassis or container at a location other than the shipment delivery location is required, a split charge of $75.00 per container or per chassis will apply. Some exceptions may apply; contact the Terminal Manager for specifics.
When a driver is required to unhook from trailing equipment and hook to another container for repositioning, a charge of $35.00 per occurrence will apply.
When the Customer requests delivery on the same day as date-of-availability notification, an expedited charge will apply: (a) local — $75.00; (b) over-the-road, greater than 300 miles — $175.00.
When the Customer cancels an appointment without rebooking, a charge of $100.00 per occurrence will apply.
After the driver has been dispatched, any change to the origin or destination stated on the pre-note must be approved by JDSB. JDSB will endeavor to comply with the requested change where circumstances permit. A charge of $25.00 will apply for each approved change to the origin or destination.
A night-delivery charge of $75.00 per delivery may apply in certain markets.
When a driver must wait because rail billing for the shipment has not been provided to the railroad by the time the shipment arrives at the rail ramp, a charge of $65.00 per hour, billed in fifteen (15) minute increments, will apply.
The actual cost of any required permit, plus a $25.00 administrative fee, will be charged. Each state, county, and municipality sets its own fees, and multiple permits may apply to a single trip depending on origin and destination.
When JDSB facilitates a transload or rework, the charge will be the actual cost of the service plus ten percent (10%).
When equipment spotted at a shipper or consignee is used by another carrier without JDSB’s permission, a charge of $400.00 plus all applicable per diem will apply.
(a) Definition. A floor-loaded (hand-loaded or hand-stacked) shipment is one in which cargo is loaded loose or stacked directly on the container or trailer floor rather than palletized, slip-sheeted, or unitized.
(b) Disclosure Required Before Acceptance. Floor-loaded status is a material term affecting JDSB’s scheduling and equipment. The Customer must disclose, in writing and before the shipment and rate are agreed, that a shipment is floor-loaded, together with the piece count and estimated unload time.
(c) Non-Disclosure. If floor-loaded status is not disclosed before acceptance, JDSB may, in its sole discretion, decline the shipment, reschedule it, or require that it be dropped; any appointment, scheduling, or free-time commitment is void; and the Customer is responsible for all detention, labor, dry-run, layover, redelivery, and rescheduling charges, payable without offset or deduction under Sections 2.4 and 2.6. JDSB may re-rate any undisclosed floor-loaded shipment.
(d) Handling. JDSB may, in its sole discretion (Section 7.10), require that a floor-loaded container be dropped for unloading rather than performed as a live unload; chassis, drop, pre-pull, and per diem charges apply.
(e) Loading, Unloading, and Count. Loading and unloading — including hand-stacking, sorting, blocking, and bracing — is the responsibility of the shipper or consignee. JDSB drivers are not required to hand-load or hand-unload; if a driver assists or a lumper is engaged, Sections 6.12 and 6.15 apply. JDSB is not responsible for piece counts on floor-loaded shipments unless a driver count is performed under Section 6.12.
(f) Free Time and Detention. Floor-loaded live unloads are subject to the free time and detention provisions of Sections 6.5 and 6.9; detention accrues from the expiration of free time regardless of the cause of the unloading delay.
(g) Surcharge. A floor-load handling surcharge of $150.00 per container applies to each live floor-loaded shipment, in addition to detention, labor, and any other applicable charges.
(h) Liability. JDSB’s cargo liability does not extend to loss, damage, shifting, crushing, abrasion, or concealed damage arising from the floor-loaded or hand-stacked loading method, from inadequate blocking, bracing, or dunnage, or from loading or unloading performed by the shipper, consignee, or their agents. Floor-loaded shipments are accepted as tendered, count and condition unknown, subject to the limitations of Section 3.
(a) Definition. A shipper-owned container (SOC) is a container owned or leased by the Customer, shipper, or a party other than the ocean carrier or chassis/equipment pool, and not furnished by JDSB.
(b) Condition and Roadability. The Customer warrants that each SOC is structurally sound, cargo-worthy, and road-legal, with a valid CSC safety-approval plate. JDSB may inspect any SOC and may, in its sole discretion (Section 7.10), decline to accept or operate any SOC it determines to be unsafe, defective, or not road-legal; any resulting delay, repositioning, or dry-run charge is the Customer’s responsibility.
(c) Chassis. A shipper-owned container still requires a chassis; the chassis charges in Section 6.2 apply. The Customer is responsible for confirming chassis compatibility and for any special-chassis costs.
(d) Weight, Securement, and Documentation. The Customer is responsible for the accurate gross weight, loading, securement, seals, and documentation of each SOC, including any overweight permitting under Section 4.8.
(e) Return and Storage. The Customer directs the return location of each empty SOC; bobtail, repositioning, drop, per diem, and storage charges apply as set forth in this Rules Tariff. JDSB is not responsible for SOC storage or return to any third party. Return of an empty SOC to a depot, yard, or facility located outside the Chicago Metropolitan Area constitutes a stop-off under Section 6.24 and is subject to out-of-route mileage charges. For purposes of this Rules Tariff, “Chicago Metropolitan Area” means the Illinois counties of Cook and Will.
(f) Liability. JDSB assumes no liability for the condition, suitability, defects, or maintenance of any SOC, or for loss, damage, or delay caused by a defective or non-road-legal SOC, subject to the limitations of Section 3. The Customer shall defend and indemnify JDSB against any claim, fine, penalty, or violation arising from an SOC, consistent with Section 7.2.
When a driver is required to wait at a rail terminal due to congestion, a rail congestion charge of $75.00 per hour, billed in fifteen (15) minute increments, will apply after one (1) hour of free time. Only one wait-time charge applies to any single period of driver wait; the rail congestion charge, detention (Section 6.5), and the no-rail-billing charge (Section 6.36) do not stack.
At Union Pacific, when the container stack requires an extended wait, JDSB may drop the container in lieu of waiting, and a UP stack drop charge of $250.00 will apply in place of rail congestion or rail wait-time charges.
A residential delivery charge of $150.00 applies to any pickup or delivery at a residential location.
All headings are utilized herein only as a matter of convenience and reference, and in no way define, limit, or describe the scope of the terms contained therein.
CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS JDSB FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES, AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO: (i) BREACH BY CUSTOMER OF THIS RULES TARIFF; (ii) THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF CUSTOMER, ITS REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES; (iii) VIOLATION BY CUSTOMER, ITS REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES OF ANY APPLICABLE LAWS, RULES, OR REGULATIONS; (iv) JDSB’S COMPLIANCE WITH OR RELIANCE ON ANY INSTRUCTIONS, DIRECTIONS, OR REQUESTS OF CUSTOMER; OR (v) WHERE THE CUSTOMER IS NOT THE OWNER OF THE CARGO, CLAIMS ASSERTED BY THE OWNER OF THE CARGO AGAINST JDSB. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
JDSB and the Customer intend that no extrinsic evidence may be introduced to reform the Rules Tariff in any legal or equitable proceeding unless contained in a written and signed agreement.
Notice is hereby given that no person other than an officer or director of JDSB has or will be given authority to agree to any modification, cancellation, or waiver of this Rules Tariff. No waiver, modification, or cancellation, or purported waiver, modification, or cancellation on the part of JDSB shall be deemed to bind JDSB unless made in writing and signed by an authorized officer or authorized delegate. Any waiver on the part of JDSB of any term or condition of this Rules Tariff shall not constitute a precedent, nor require JDSB to continue waiving such term or condition, or to waive any succeeding breach of the same or any other of the terms and conditions of this Rules Tariff. To the extent there is a conflict between the terms of the Rules Tariff and any written agreement entered into by JDSB, the terms of the written agreement will prevail.
Any party doing business with JDSB hereby submits to the jurisdiction of the State of Illinois and agrees to litigate any disputes in the Circuit Court of Ogle County, Illinois. The parties specifically agree that any documents — including, but not limited to, the Rules Tariff, agreements, bills of lading, delivery requests, or notices — shall be deemed to have been executed and delivered in Chicago, Illinois, and shall be construed, interpreted, and enforced under and in accordance with federal law and, if applicable, the internal laws of the State of Illinois, to the extent that they are not inconsistent with the applicable federal or state regulatory laws binding upon carriers. Customer waives any argument or claim that Illinois lacks jurisdiction over Customer and agrees to personal and subject-matter jurisdiction in Illinois.
Failure of JDSB to insist upon the Customer’s performance under the Rules Tariff, or to exercise any right or privilege herein, will not be a waiver of any rights or privileges. To the extent applicable, JDSB and the Customer hereby expressly waive any and all conflicting rights and remedies under the Interstate Commerce Commission Termination Act and the Interstate Commerce Act, as amended, and the regulations promulgated thereunder, including Part B of Subtitle IV, Interstate Transportation, 49 U.S.C. § 13101 et seq., including 49 U.S.C. § 14706 and 49 U.S.C. § 14101(b) (collectively, the “Acts”). The Rules Tariff, in conjunction with any applicable agreement(s), is a contract for specified services provided under specified rates and conditions. Neither JDSB nor the Customer shall challenge any provision of the Rules Tariff on the grounds that any provision(s) violate the waived rights and remedies under the Acts. For the avoidance of doubt, this waiver does not waive the preemption of state-law claims by the Acts.
If any provision or portion of this Rules Tariff is held to be invalid, illegal, or unenforceable in any respect or as applied to any circumstance, that provision shall be reformed, construed, and enforced to the maximum extent permitted by law so as to give the greatest effect to the intent of JDSB, and to the extent it cannot be so reformed, it shall be severed. In either case, the remaining provisions of this Rules Tariff shall remain in full force and effect and shall not be impaired or invalidated, and this Rules Tariff shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. The invalidity or unenforceability of any provision in any jurisdiction shall not affect its validity or enforceability in any other jurisdiction.
For their operating convenience, JDSB reserves the right to hire other qualified carriers as subcontractors to provide all or part of a given movement. JDSB agrees to protect the rates set forth when substituted services are provided, and warrants that all terms, conditions, duties, and obligations owed to the shipper by the Rules Tariff, bill of lading, and/or contract will be provided.
JDSB shall not be liable for any delay, failure to perform, or charges arising from causes beyond its reasonable control, including but not limited to: acts of God, severe weather, flood, fire, or earthquake; war, terrorism, riots, or civil unrest; strikes, labor disputes, or work stoppages; pandemics, epidemics, or public health emergencies; government action, regulation, or embargo; port, rail, terminal, or roadway closures or congestion; equipment or power failures; and failures of rail, terminal, or carrier appointment, booking, or information-technology systems. During any such event, JDSB’s performance obligations are suspended for the duration of the event, and any per diem, demurrage, storage, or detention accruing during the event is the Customer’s responsibility. JDSB has no obligation to procure alternative transportation or to prioritize any Customer’s shipments during any such event, and JDSB’s reallocation, reduction, or suspension of capacity during any such event shall not constitute a breach of this Rules Tariff or any agreement.
JDSB performs all services as an independent contractor and retains sole and exclusive control over the means, methods, equipment, routing, personnel, and manner by which its services are performed. JDSB may, in its sole discretion, furnish and use its own private chassis, or any other chassis it deems appropriate, for any shipment. The Customer shall not direct, restrict, supervise, or otherwise manage JDSB’s selection of chassis or other equipment, its day-to-day operations or business practices, or its handling of the Customer’s account, provided that JDSB continues to meet its obligations under applicable law — including its equipment safety and roadability obligations — and the service requirements of the applicable shipment.
JDSB furnishes its own road-legal, regularly inspected chassis and equipment. JDSB may decline to accept or operate any pool or third-party chassis or equipment that it determines, in its sole discretion, to be unsafe, out-of-service, or not road-legal, and may substitute its own equipment. Any delay, repositioning, equipment substitution, per diem, flip, detention, or other cost arising from a pool or third-party provider’s failure to furnish safe, road-legal equipment is the responsibility of the Customer and/or that provider, and not JDSB. The Customer is further responsible for any fine, penalty, citation, out-of-service order, or other violation, and all associated costs, arising from pool or third-party equipment furnished for the Customer’s shipment. All detention and chassis or container flip charges are earned when incurred and shall be paid in full, without offset, deduction, or withholding; any billing dispute must be raised separately in accordance with Sections 2.4 and 2.6 and does not excuse or delay payment.
To the fullest extent permitted by law, JDSB and the Customer each irrevocably and unconditionally waive any and all right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Rules Tariff, any shipment, or the services provided by JDSB.
Except to the extent a loss is directly and solely caused by JDSB’s own gross negligence or willful misconduct, JDSB shall have no liability to the Customer or to any other party for any loss, damage, delay, shortage, non-delivery, misdelivery, missed appointment, service failure, or other harm of any kind arising out of or relating to any shipment or to the services provided under this Rules Tariff, whether based in contract, tort, bailment, statute, or any other theory. Liability for cargo loss or damage is governed by, and additionally limited by, Section 3. In all events, JDSB’s total, aggregate liability to the Customer and to any other party arising out of or relating to any shipment or to the services provided under this Rules Tariff shall not exceed the amount of the freight charges paid to JDSB for the shipment giving rise to the claim. In no event shall JDSB be liable for any special, incidental, indirect, consequential, punitive, or exemplary damages, including without limitation lost profits, lost business, or loss of goodwill, regardless of whether JDSB was advised of the possibility of such damages.
All rights and remedies of JDSB under this Rules Tariff are cumulative and are in addition to, and not in lieu of, any other rights or remedies available to JDSB at law or in equity. JDSB’s exercise of, or election to pursue, any one right or remedy shall not preclude JDSB from exercising or pursuing any other.
The Customer may not assign or delegate any of its rights or obligations under this Rules Tariff without JDSB’s prior written consent, and any purported assignment or delegation without such consent is void. JDSB may assign or transfer any of its rights under this Rules Tariff, including its right to payment, to any party without notice to or the consent of the Customer.
All provisions of this Rules Tariff that by their nature are intended to survive shall survive completion of any shipment and termination of the parties’ relationship, including without limitation the provisions governing payment and charges, cargo liability, limitation of liability, indemnification, records and claims, waiver of jury trial, governing law, and jurisdiction and venue.
JDSB provides all services in compliance with applicable federal and state law and regulation governing motor carriers and intermodal drayage, including the Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399), the Hours-of-Service rules (49 CFR Part 395), the hazardous materials regulations (49 CFR Parts 100 to 185), federal and state size-and-weight laws, and, where applicable, the Carmack Amendment (49 U.S.C. § 14706). Nothing in this Rules Tariff requires or authorizes JDSB, the Customer, or any driver to act in violation of any applicable law or safety regulation, and JDSB will not operate, and cannot be required to operate, in violation of the Hours-of-Service rules or any other safety law. Charges that this Rules Tariff allocates to the Customer, including per diem, demurrage, storage, and detention, are billed by JDSB as a cost allocation to the responsible party and do not relieve JDSB of, or waive, any obligation JDSB owes to a railroad, equipment provider, or interchange party under the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) or other governing agreement; JDSB satisfies those obligations and recovers the cost from the Customer. Where any provision of this Rules Tariff conflicts with a mandatory, non-waivable requirement of applicable law, that provision applies only to the maximum extent the law permits and the remainder of this Rules Tariff continues in full force in accordance with Section 7.7.
The terms and conditions of this Rules Tariff are not applicable to claims by parties who are damaged as a result of a motor vehicle accident and are not a Customer of JDSB, or who have no interest in the freight or goods being transported by JDSB.
Customer, by tendering freight to JDSB, certifies that it is familiar with all the terms set forth in this Rules Tariff, the terms of which are hereby agreed to by the Customer.