- The FedEx Freight Guaranteed PlusSM service is Carrier's delivery, or attempted delivery, of a shipment in accordance with Carrier's normal transit standards in effect at the time of the shipment when such shipment is accepted by Carrier before 5:00 pm local time under the terms and conditions set forth in this Item 756.
- If Carrier fails to deliver a shipment by 11:59 p.m. (local time) on the scheduled delivery commitment, subject to certain exclusions, Carrier will issue a zero dollar invoice for the transportation charges of that shipment. After 5:00 p.m. (local time), deliveries are late only when Consignee's receiving department is closed. The "scheduled delivery commitment" is based upon the transit standards between any two zip codes and can be found on fedex.com or by contacting Customer Service at 1.866.393.4585.
- Eligibility. Shipments picked up by 5:00 p.m. local time for direct point service are eligible for FedEx Freight Guaranteed PlusSM service. The scheduled delivery commitment is based on the date the pickup actually occurs and not on the date that the pickup was scheduled to occur (i.e., does not cover missed pick-ups).
FedEx Freight Guaranteed PlusSM covers all Less-Than-Truckload (LTL) direct shipments originating from and destined to all points in the 48 contiguous states. In addition, FedEx Freight Guaranteed PlusSM covers interline shipments as described in this section 3. FedEx Freight Guaranteed PlusSM applies to all Carrier originated interline shipments from the point of pickup by Carrier to the point of transfer to the interline carrier. All non-carrier originated interline shipments are eligible for FedEx Freight Guaranteed PlusSM from the point of transfer to Carrier to Carrier's delivery of the item or point of transfer to the delivering interline carrier.
- Requesting Service. In order to request the FedEx Freight Guaranteed PlusSM service, the Customer must clearly and distinctly indicate "Guaranteed Plus" on the face of the bill of lading when the shipment is tendered to Carrier. To indicate FedEx Freight Guaranteed PlusSM service using the bill of lading generator on www.fedex.com, the Customer must select the "Guaranteed Plus" check box in the Additional Service Options section.
- Charges for FedEx Freight Guaranteed PlusSM service are the debtor's otherwise applicable net linehaul charges for that shipment (the "Standard Charges"), plus a 20% upcharge of the net linehaul charges for that shipment, subject to an Absolute Minimum Charge of $125.00 per shipment.
- In the event the shipment is not delivered by the scheduled delivery commitment, and subject to certain exceptions set forth below, all transportation charges related to the specific shipment will be voided. Carrier will issue a zero dollar invoice to debtor showing that no transportation charges are due for that shipment. Carrier will attempt delivery of the shipment with reasonable dispatch in accordance with its scheduled delivery service. In the event the debtor believes that a zero dollar invoice should have been issued, the debtor shall notify Carrier within fifteen (15) days of the date of delivery by calling Customer Service at 1.866.393.4585.
- Exclusions. FedEx Freight Guaranteed PlusSM does not apply to the following shipments:
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- Originating from or destined to any points outside the contiguous United States
- To or from the states of Alaska and Hawaii and the commonwealth of Puerto Rico, Guam, the Caribbean, US Virgin Islands and other US territories; to or from Canada, Mexico, Central/South America, Europe and Asia
- Not properly packaged or labeled by the Shipper
- Delayed due to missing, incomplete or inaccurate documentation
- Requiring protection from freezing service
- Requiring special equipment for delivery, including fork lift, crane or other mechanical devices
- Requiring liftgate services
- Shipments that are destined for will call points
- Shipments that are held for consolidation
- Containing hazardous materials that are incompatible with other items on the trailer
- Involving FedEx Freight Truck LoadSM services, capacity management, brokerage, intermodal, spot market pricing or other special programs
- Held for inspection or detained by governmental regulation or mandate
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- If the failure to meet the scheduled delivery commitment is caused by events beyond Carrier's control, including, but not limited to, acts of God; acts or omissions of public authority; riots, strikes or labor disputes, including those of third parties; government regulations, orders or requirements; disruption in ground transportation as a result of weather or other causes; acts of public enemies or acts of terrorism; disruption or failure of communications or information systems; or acts or omissions of Shipper, Consignee or Owner of goods or any person or entity other than Carrier, the 20% additional upcharge will not be assessed, but the Standard Charges will apply.
- If Carrier attempts delivery by the scheduled delivery commitment, but is unable to complete delivery due to exceptions caused by Shipper or Consignee, the Standard Charges plus the 20% upcharge shall be due to Carrier. Exceptions generally include, but are not limited to, shipments where the Shipper or Consignee delays or refused delivery for any reason.
- If Carrier attempts delivery by the scheduled delivery commitment, but is unable to do so primarily due to causes beyond Carrier's control and are not caused by Customer, Consignee or Consignor, the 20% upcharge will not be assessed, but the Standard Charges will apply.
FedEx Freight Guaranteed PlusSM does not cover shipments delivered damaged or short/partial deliveries. Customer must utilize Carrier's claims process to file claims for damaged items or short/partial deliveries. FedEx Freight Guaranteed PlusSM does, however, cover the transportation charges associated with damaged items delivered beyond the scheduled delivery date, or short/partial deliveries if Carrier fails to deliver at least one item out of the shipment by the scheduled delivery date.
- Carrier reserves the right of recourse against the requestor of the service should Carrier be unable to collect any applicable FedEx Freight Guaranteed PlusSM charges from debtor.
- The remedies provided in this Item 756 are the sole and exclusive remedies for any claims arising specifically under FedEx Freight Guaranteed PlusSM. In no event shall Carrier be liable for any consequential, incidental, special or economic loss or damages resulting from its failure to meet the scheduled delivery date, including but not limited to loss of income or profits, regardless of whether or not Carrier knew or should have known that such damages might have been incurred.
- These terms and conditions shall control in the event they directly conflict with the provisions contained in any applicable contract or other applicable tariff item.
- Carrier reserves the right to modify, suspend or cancel FedEx Freight Guaranteed PlusSM, at its sole discretion at any time without prior notice. In such cases, only the Standard Charges will apply. Carrier will provide notice of any amendment, suspension or cancellation via its applicable company website, which shall be the controlling version of the programs terms and conditions.
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