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These Terms and Conditions of Surface Transportation Service (these “Terms and Conditions”) apply to surface transportation services provided for Customer by Logistics One Transport, Inc., unless superseded by a written agreement signed by both parties.  

Definitions

a)  “Company/Carrier” shall mean Logistics One Transport, Inc. Company is a federally licensed motor carrier that provides transportation services for and on behalf of its Customers. Company is authorized and qualified to operate as a motor carrier under license number MC-275859.

b)  “Customer” shall mean the party which retains Company to provide Services, and who agrees to be responsible for payment of charges.

c)  “Services” shall mean transportation provided or arranged by carrier pursuant to rates agreed in writing or established by spot quotes. Unless otherwise agreed to in a written contract or addendum signed by Carrier, all services rendered shall be subject to the terms and conditions of this Rules Circular.

Customer's Warranties

Customer shall be responsible for and warrants compliance by it and all consignors and consignees with applicable laws, rules, and regulations, including, but not limited to, customs laws, import and export laws, anti‐corruption laws and governmental regulations of any jurisdiction to, from, through or over which the shipment may be carried. Company assumes no liability to Customer or to any other person for any loss or expense due to the failure of Customer to comply with this provision. Any individual or entity acting on behalf of Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.

Customer Responsibilities

Unless agreed to otherwise in writing, Customer warrants that the consignor shall be responsible for: (i) loading, blocking and bracing the shipment in the Carrier vehicle in such proper and timely manner to prevent shifting of the shipment during normal transportation and to comply with highway weight limits and (ii) that consignee will unload shipments from Carrier vehicle in a timely manner and within free time allowed by Carrier. Detention beyond allowed free time may cause assessment of additional charges. All shipments shall be treated as “Shipper load and count, consignee unload” where shipments are delivered with seal intact. Customer also warrants that consignor will agree to Company’s “Hazardous Materials Transportation Policy” when shipping hazardous materials and that consignor is knowledgeable is shipping hazardous materials.

Payment

Company agrees to submit to Customer an invoice for all services provided together with proof of delivery. Customer agrees to pay all such invoices within 15 days of receipt without offset unless agreed to otherwise in writing. Invoices not paid within this time limit will be subject to interest at the rate of 1 ½% (or, if less, the maximum rate permitted by applicable law) per month or any part thereof plus attorney’s fees in the amount of 25% of the unpaid amount if litigation is required.

Bills of Lading

Any bill of lading used by Customer to tender a shipment to a Carrier shall contain the shipper name and address, consignee name and address, description of the goods, number of packages, and weight. The bill of lading will be deemed to read as if it were a Standard Truckload Bill of Lading. Any terms conditions and provisions of a bill of lading or other receipt shall be subject and subordinate to these Terms and Conditions. Any bill of lading issued by Customer or Carrier shall constitute a delivery receipt only.

Independent Contractor

Company will remain separate independent contractors with respect to Customer and the Services being performed hereunder. Nothing herein shall be construed as creating a legal partnership or joint venture between any parties.

Insurance

Company shall procure and maintain, at no cost to Customer, and with reputable and financially responsible insurance underwriters, auto liability insurance as required by federal statute as well as worker’s compensation and employer’s liability insurance as required by applicable state law and any additional insurance required by federal, state or local laws or regulations.

Indemnification

Each party shall indemnify, defend and hold harmless the other, its successors and assigns, and their respective affiliates, employees, directors, officers, owners, representatives and agents from any and all losses, claims, demands, damages, liabilities, obligations, costs and/or expenses, including, without limitation, reasonable attorneys’ fees to the extent caused by any negligent or willful act or omission of the indemnitor, its employees or agents.

Cargo Liability and Claims

All claims will be filed by Customer with the authorized Carrier subject to the Federal Claims Rules, 49 C.F.R. §370, the Carmack Amendment, 49 U.S.C. §14706 and the terms and conditions of the Standard Truckload Bill of Lading.  Unless otherwise agreed in writing, all truckload shipments will be subject to a maximum liability of US $100,000 per occurrence. Higher limits of liability are available for increased compensation and must be agreed to in writing by Carrier’s Director of Pricing prior to dispatch to be valid.

Undercharge and Overcharge Claims

Except as otherwise expressly provided for herein, Company shall process all overcharges as provided in 49 C.F.R. Part 378. The time limit for filing of initial claims for alleged undercharges or overcharges under the terms of this Agreement shall be one hundred and eighty (180) days from the date of delivery of the shipment. Failure to file a claim challenging initial charges within said one hundred and eighty (180)‐day period shall forever bar any action at law for recovery of same. Any action at law by either party to collect alleged undercharges or overcharges under the terms of this Agreement shall be commenced not later than eighteen (18) months after delivery of the shipment. Expiration of said eighteen (18)‐month term shall be a complete and absolute defense against any such claim, regardless of any extenuating or mitigating circumstances or excuses of any nature whatsoever.

Waiver

Company and Customer expressly waive all rights and remedies allowed under 49 U.S.C. § 14101 to the extent that such rights and remedies conflict with these Terms and Conditions. Failure of Customer or Company to insist upon the other party’s performance under these Terms and Conditions or to exercise any right or privilege herein, will not be a waiver of any rights or privileges.

Force Majeure

Neither Customer nor Company will be liable for any delay in the performance of their respective obligations for Services resulting directly or indirectly from or contributed to by any acts of God, acts of government or other civil or military authorities, acts of terrorists, fires, accidents, floods, war, riot or other circumstances beyond its reasonable control.

Severability

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.

Choice of Law and Venue

These Terms and Conditions and the relationship of Customer and Company shall be construed according to general principles of federal transportation law and the laws of the State of New York without giving consideration to principles of conflict of laws. Any lawsuit regarding the services provided by Logistics One Transport, Inc. or the Terms and Conditions of Service shall be filed in a court of competent jurisdiction in Saratoga County, New York.

Convenience Brokering

Customer agrees that Company, through its broker affiliate, may at its election, retain and arrange for other licensed, authorized and FMCSA compliant carriers to provide in whole or in part services which Company has accepted for transportation.  Company shall indemnify and hold harmless Customer from any loss, damage or claim arising out of its selection, use or the negligent acts or omissions of any carrier retained by it. The name of any retained carrier and its Docket Number shall be provided to Customer prior to dispatch.