This contract shall continue so long as TC provides transportation for shipper, and shall be applicable to all such transportation. Either party may terminate this agreement on ten (10) days written notice to the other.
TC shall provide such transportation service as is required by shipper, but subject to TC having the right to refuse to handle any shipments which are outside its system or which it cannot handle in a timely manner due to equipment or driver shortages, or other problems.
The rates for each shipment shall be agreed upon verbally between the parties and shall be reflected on the freight bill or invoice prepared by TC and transmitted to shipper; provided however, shipper may dispute any invoice within ten (10) days of the date thereof, and if not timely disputed then such invoices shall be deemed to set forth and agreed upon rates for all services, transportation or otherwise provided by TC.
4. Responsibility for Payment
The party responsible for the charges for any given shipment is listed in the "Bill To" section of the invoice. However, if the Bill To party fails to pay freight charges, TC reserves the right to pursue collection for the consignor, consignee, or other party.
5. Payment of Charges
If charges are not paid within fifteen (thirty) days of invoice date, shipper or other responsible party shall be required to pay a finance charge of 1 ½ percent per month, and any attorneys or other fees or costs incurred to collect such charges.
6. Limitation of Liability
TC limits its liability to no more than $100.00 per shipment for any material transported or stored and listed on a freight bill or other shipping contract. TC will not assume liability in excess of $100.00 unless one of the following are met:
-You declare a higher value in writing, notify a TC representative of the value being declared and pay the additional charge required by TC (merely declaring a higher value does not increase TC cargo liability) and document any loss in a timely manner as set forth in Section 10.
-You have signed a contract with TC specifying greater cargo limits and conditions and the amount of cargo insurance being provided by TC.
7. Determination of Places and Weight
TC reserves the right to recount the pieces of a given shipment and will immediately note any discrepancies and notify the customer of such if our count varies that that provided by the customer/shipper. TC may also verify the weight of any shipment using a certified commercial scale. If listed weight are found to be inaccurate, the correct weight will be noted on the freight bill and initiated by the driver.
8. Possessory Lien
In addition to any statutory lien, shipper or other owner or the freight grants TC a possessory lien over any freight shipped for all past or present freight, handling, or other services.
9. Hazardous Material
TC shall not receive or transport hazardous materials.
TC shall not be liable for freight loss or damage unless: (1) the claim for loss or damage is called in to TC within 72 hours of delivery, (2) a claim form fully documenting the loss and value of damaged goods is received by TC within 30 days of delivery of the shipment for which loss or damage is claimed, and (3) a legal action is filed within 60 days of TC's written declination of the subject loss or damage claim. TC shall only be liable for loss or damage where such resulted from its negligence or intentional misconduct. TC shall not be liable for more than the replacement cost or lost or damaged freight, and shall not be liable for any consequential damages.
11. Customer Errors
TC is not liable for errors, acts or omissions by the customer, including but not limited to improper handling, packaging, addressing, faulty instructions, etc.
12. Act of God
TC is not liable for Acts of God, civil disturbances, war, weather conditions, national disaster, force measure, strikes, or acts of public authorities.
13. Contract Carriage
The parties agree that TC is acting as a contract carrier the Carmack Amendment or other similar state law is not applicable to transportation provided hereunder. The parties expressly waive any rights and remedies provided under Part B, Subtitle IV, of Title 49 of the United States Code which conflict with the provisions hereof. The provisions of this contract shall take precedence over any conflicting bill of lading or other freight document provisions.
14. Dispute Resolution
All disputes under this agreement shall be binding arbitration before JAMS/Endispute at its San Fransisco office and shall be subject to the then prevailing rules of JAMS
*We accept payments via, cash, check, or credit card (but to use credit cards there is a 5% convenience fee on the total). Terms are net 30, unless stated otherwise.