JDSB Trucking, LLC
Rules Tariff JDSG-100
Effective June 18, 2026
5240 W 47th Street, Chicago, IL 60638 • 708-290-7775 • info@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.
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.
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.
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.
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; 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 $150.00 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 minimum charge of $125.00 for overweight shipments that can be properly permitted and therefore transported legally, 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.
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.
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 Monitoring. Reefer monitoring is billed at $40.00 per day.
(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.
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, subject to a two (2) day minimum: (a) standard chassis — $40.00 per day; (b) tri-axle chassis — $65.00 per day; (c) quad-axle chassis — $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 $75.00 per hour, billed in fifteen (15) minute increments.
(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 with less than twelve (12) hours’ notice before pickup, a charge of $250.00 will apply. If the driver has already departed for the run, a full dry-run rate will apply in lieu of the $250.00 charge. 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 at a shipper or consignee facility, and one (1) hour of free time at a rail or marine terminal, container yard, or customs examination facility, 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 surcharge is based on the U.S. average price of on-highway diesel fuel as reported by the U.S. Energy Information Administration (EIA, U.S. Department of Energy), using the index reported on the prior Monday; each week’s surcharge is based on the prior week’s fuel price. The surcharge is applied according to the date of ramp/port pickup, and applies to all U.S. markets except the West Coast. The current index may be viewed at https://www.eia.gov/petroleum/gasdiesel/. The following schedule applies:
| At Least | < Than | FSC % | At Least | < Than | FSC % | At Least | < Than | FSC % |
|---|---|---|---|---|---|---|---|---|
| $1.96 | $2.00 | 10.00% | $3.60 | $3.64 | 30.50% | $5.20 | $5.24 | 50.50% |
| $2.00 | $2.04 | 10.50% | $3.64 | $3.68 | 31.00% | $5.24 | $5.28 | 51.00% |
| $2.04 | $2.08 | 11.00% | $3.68 | $3.72 | 31.50% | $5.28 | $5.32 | 51.50% |
| $2.08 | $2.12 | 11.50% | $3.72 | $3.76 | 32.00% | $5.32 | $5.36 | 52.00% |
| $2.12 | $2.16 | 12.00% | $3.76 | $3.80 | 32.50% | $5.36 | $5.40 | 52.50% |
| $2.16 | $2.20 | 12.50% | $3.80 | $3.84 | 33.00% | $5.40 | $5.44 | 53.00% |
| $2.20 | $2.24 | 13.00% | $3.84 | $3.88 | 33.50% | $5.44 | $5.48 | 53.50% |
| $2.24 | $2.28 | 13.50% | $3.88 | $3.92 | 34.00% | $5.48 | $5.52 | 54.00% |
| $2.28 | $2.32 | 14.00% | $3.92 | $3.96 | 34.50% | $5.52 | $5.56 | 54.50% |
| $2.32 | $2.36 | 14.50% | $3.96 | $4.00 | 35.00% | $5.56 | $5.60 | 55.00% |
| $2.36 | $2.40 | 15.00% | $4.00 | $4.04 | 35.50% | $5.60 | $5.64 | 55.50% |
| $2.40 | $2.44 | 15.50% | $4.04 | $4.08 | 36.00% | $5.64 | $5.68 | 56.00% |
| $2.44 | $2.48 | 16.00% | $4.08 | $4.12 | 36.50% | $5.68 | $5.72 | 56.50% |
| $2.48 | $2.52 | 16.50% | $4.12 | $4.16 | 37.00% | $5.72 | $5.76 | 57.00% |
| $2.52 | $2.56 | 17.00% | $4.16 | $4.20 | 37.50% | $5.76 | $5.80 | 57.50% |
| $2.56 | $2.60 | 17.50% | $4.20 | $4.24 | 38.00% | $5.80 | $5.84 | 58.00% |
| $2.60 | $2.64 | 18.00% | $4.24 | $4.28 | 38.50% | $5.84 | $5.88 | 58.50% |
| $2.64 | $2.68 | 18.50% | $4.28 | $4.32 | 39.00% | $5.88 | $5.92 | 59.00% |
| $2.68 | $2.72 | 19.00% | $4.32 | $4.36 | 39.50% | $5.92 | $5.96 | 59.50% |
| $2.72 | $2.76 | 19.50% | $4.36 | $4.40 | 40.00% | $5.96 | $6.00 | 60.00% |
| $2.76 | $2.80 | 20.00% | $4.40 | $4.44 | 40.50% | $6.00 | $6.04 | 60.50% |
| $2.80 | $2.84 | 20.50% | $4.44 | $4.48 | 41.00% | $6.04 | $6.08 | 61.00% |
| $2.84 | $2.88 | 21.00% | $4.48 | $4.52 | 41.50% | $6.08 | $6.12 | 61.50% |
| $2.88 | $2.92 | 21.50% | $4.52 | $4.56 | 42.00% | $6.12 | $6.16 | 62.00% |
| $2.92 | $2.96 | 22.00% | $4.56 | $4.60 | 42.50% | $6.16 | $6.20 | 62.50% |
| $2.96 | $3.00 | 22.50% | $4.60 | $4.64 | 43.00% | $6.20 | $6.24 | 63.00% |
| $3.00 | $3.04 | 23.00% | $4.64 | $4.68 | 43.50% | $6.24 | $6.28 | 63.50% |
| $3.04 | $3.08 | 23.50% | $4.68 | $4.72 | 44.00% | $6.28 | $6.32 | 64.00% |
| $3.08 | $3.12 | 24.00% | $4.72 | $4.76 | 44.50% | $6.32 | $6.36 | 64.50% |
| $3.12 | $3.16 | 24.50% | $4.76 | $4.80 | 45.00% | $6.36 | $6.40 | 65.00% |
| $3.16 | $3.20 | 25.00% | $4.80 | $4.84 | 45.50% | $6.40 | $6.44 | 65.50% |
| $3.20 | $3.24 | 25.50% | $4.84 | $4.88 | 46.00% | $6.44 | $6.48 | 66.00% |
| $3.24 | $3.28 | 26.00% | $4.88 | $4.92 | 46.50% | $6.48 | $6.52 | 66.50% |
| $3.28 | $3.32 | 26.50% | $4.92 | $4.96 | 47.00% | $6.52 | $6.56 | 67.00% |
| $3.32 | $3.36 | 27.00% | $4.96 | $5.00 | 47.50% | $6.56 | $6.60 | 67.50% |
| $3.36 | $3.40 | 27.50% | $5.00 | $5.04 | 48.00% | $6.60 | $6.64 | 68.00% |
| $3.40 | $3.44 | 28.00% | $5.04 | $5.08 | 48.50% | $6.64 | $6.68 | 68.50% |
| $3.44 | $3.48 | 28.50% | $5.08 | $5.12 | 49.00% | $6.68 | $6.72 | 69.00% |
| $3.48 | $3.52 | 29.00% | $5.12 | $5.16 | 49.50% | $6.72 | $6.76 | 69.50% |
| $3.52 | $3.56 | 29.50% | $5.16 | $5.20 | 50.00% | $6.76 | $6.80 | 70.00% |
| $3.56 | $3.60 | 30.00% |
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 will be assessed after ten (10) hours of billable detention time, as follows: (a) weekday or overnight layover — $250.00; (b) weekend or holiday overnight layover — $475.00.
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 JDSB has presented the requested equipment at the shipper/consignee facility as instructed by the Customer and is subsequently turned away, the regular rate to the facility will be assessed. A redelivery charge equal to the regular rate will then be added when the equipment is again presented to the facility for loading/unloading.
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: first stop-off $150.00; second stop-off $250.00; third and all subsequent stop-offs $375.00 each, 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, the following charges will apply, plus $2.00 per out-of-route mile: (a) single scale (one weighing, empty or loaded) — $75.00; (b) scale light and heavy (weighing both empty and loaded) — $125.00. In addition, the Customer is responsible for reimbursing JDSB for 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.
Rail or yard storage is billed at the actual cost assessed by the storage facility, plus a two percent (2%) administrative fee. Where JDSB advances the storage payment to the railroad or facility, the administrative fee in Section 2.2 applies instead. Charges accrue per day until delivery is complete and the container in-gates; any fraction of a day is charged in full. If the 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.
A pre-pull charge of $100.00 applies 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). No storage charge applies on the day of the pull. After the day of pull, storage is billed at $35.00 per day for dry equipment and $50.00 per day for reefer equipment. 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 $65.00 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.
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 United States District Court for the Northern District of Illinois, Western Division (Rockford). If the United States District Court for the Northern District of Illinois, Western Division does not have jurisdiction over a matter, then suit shall be filed in the applicable state court in 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.
In the event any paragraph(s) and/or portion(s) hereof are found to be invalid and/or unenforceable, then in such event, the remainder hereof shall remain in full force and effect.
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.
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.
