All the concerned parties (customer, shipper, and consignee) agree to the following terms and conditions which no party can alter. These terms and conditions are applicable to all the future shipments scheduled by the customer unless altered or replaced by new terms and conditions.

The general tariff rules shall apply in all the legal proceedings. The organization’s terms and conditions shall apply if not mentioned in the carrier’s general tariff rules. If the terms and conditions mentioned in general tariff rules and individually selected carrier tariff rules contradict each other, the selected carrier’s general rules shall apply. All the terms shall be applicable to selected carriers, their agents, and contracted carriers. The organization in its sole discretion has the right to refuse shipment at any time.

BILLS OF LADING

These are NON NEGOTIABLE (cannot be transferred) and are prepared by customers or organizations on behalf of customers. It shall be binding on the customer. Any unauthorized use or modification of bill of lading shall nullify the organization’s obligation to make any payment regarding the shipment and all the rate quotas shall stand VOID.

CUSTOMER’S WARRANTIES

The customer warrants his compliance with all the rules and regulations which are applicable. Further compliance is guaranteed regarding its registration and assurance with the security plan and training requirements. The customer further assures that it will notify the company in case its registration expires or terminates. The customer agrees to provide all such information which is required to establish compliance with all such rules and regulations. The organization is not responsible for any customer or any person for any loss or expense due to failure to comply with this provision. Any agents acting on behalf of the customer warrants that he has the right to act on behalf of the customer and the right to bind the customer. The customer agrees to pay for the loss in case of damages incurred as a result of failure to comply with this provision.

DOCUMENTATION

The organization generated a bill of lading is to be used for LTL. If the documents required for carriage are incomplete or not appropriate for services, pickup, or destination, the customer directs the organization to complete all the pending documents at the expense of the customer. However, is not the obligation of the organization to do so. In case a substitute form of a bill of lading is required to complete delivery of the shipment, the terms of this bill of lading shall apply. The organization shall not be answerable to any customer or person for any decision taken on behalf of the customer.

PAYMENT

The charges shall be payable in US Dollars, fourteen (14) days from the date of billing. Any payment which is due shall be liable to an additional charge at the rate of 1-1/2 percent per month of average outstanding balance due or highest rate of interest as per law, whichever is less. All the payments received by the organization shall be applied to the oldest invoices outstanding BOL. Overpayments are subject to American law and do not accrue any interest. If an organization, keeps attorney or collection agency for collecting unpaid charges or for enforcement of terms and conditions, all such charges shall be liable for late payment penalty of 33% and all the related expenses shall be borne by the customer. All the freight charges related to the shipment are to be jointly and severally borne by the shippers, consigners, consignees, freight forwarders. A credit check is to be performed by the organization based on the information provided by the customer.

It is the sole decision of the organization to grant credit to the customer. By paying via credit card or any electronic funds, the customer agrees that they shall bear all the charges payable on shipment. Brokers arranging shipment for clients shall be liable for all charges payable on such shipment. The organization possesses a lien on the shipment for all the sums due, relating to the shipment or other amount due by the customer. The organization has the right to alter the original quoted amount. The customer is allowed 30 days to dispute any invoiced charges from the date of the invoice. In case no dispute is received by the organization within 30 days, the disputed item shall be denied by the organization.

CLAIMS OF LIABILITY

The organization will ensure that all the claims are filed and processed as per 49 C.F.R 370. All claims should be submitted on an immediate basis for a quick resolution. The organization will assist and cooperate with the customer in investigating and processing any freight loss or damage claims. The liability for any cargo or damage shall be determined under the Carmack Amendment, 49 USC 14706. The liability of the organization for loss, delay, or damage to shipper’s goods is limited only to the insurance coverage provided by cargo insurance. The maximum amount which can be received by a customer as a claim will be the amount recoverable under respective transportation tariffs. The organization does not hold the responsibility for claims arising out of customer’s negligence. The mere filing of claims does not free the responsible party for payment of freight charges. Freight payment is required to process a claim. Customers cannot offset the freight charges due to the organization against any other loss or damage. The organization possesses a lien on funds recovered by processing damage claims.

FORUM SELECTION IN CASE OF DISPUTE

All the claims, disputes related to shipment or any dispute between organization and customer, shipper and/or consignee and/ or brokers, shipper and/or consignee shall be filed in District Court and shall be governed by American law.

RATES

LTL Rates are applicable as per the freight class determined by NMFC (National Motor Freight Classification). These rates are weight-based and don’t include the date of pickup. TL rates are based on Dock Door Pickup and shipper load/ Consignee unload and are mileage based. The organization will make every effort to cover the truckloads in 48 hours of requested pickup (excluding weekends and holidays). To avoid penalties, a notice should be given 24 hours before the cancellation of truck loads. Once the contact has been established to move a truckload shipment, the load must be offered to carriers as per the bill of lading at an agreed price or equipment not charged a fee up to USD 250 shall be assessed. Additional charges and transit charges shall apply.

LIABILITY FOR INACCURACIES

The organization shall not be accountable for any carrier billing and inaccuracies in the tariff. To ensure accuracy in quotes, 15 days’ time should be given to the organization to make changes in contracts, or tariffs.

GUARANTEED SERVICES

LTL services are inclusive of transit time. Guaranteed service transit time excludes holiday or no service day. The calculation of LTL transit time excludes pickup day. All the charges related to the shipment are to be borne by the customer. The claim for the request can be made within 10 business days commencing from the actual delivery date of shipment by the customer in case of failure to comply with the guaranteed service request. In case the claim is not filed in the specified time, the service shall be deemed to have met all the standard and request of claim shall be declared invalid. In case the carrier agrees to settle the claim, the amount of the customer shall be credited.

CARGO LIABILITY INSURANCE

The shipper shall be liable to recovery according to the terms of general rules tariffs in case of failure to purchase additional cargo insurance. Delivery by any specific date or time is not guaranteed by the organization. In case of any special, incidental, or consequential damages, the organization shall not be liable.