Terms and Conditions

These Terms and Conditions will apply to all shipments moved until amended or rescinded in writing and may be done so at any time.

Our pricing is based on dimensions furnished by the customer. Any changes in size, weight or quantity will result in additional charges. Also, quote is provided based on availability.

The shipper/consignee is responsible to provide clear and direct access into and out of each location at NO cost to the carrier.

Loading/un-loading, assembly, un-stacking and disassembly are the responsibility of shipper and or consignee respectively.

Rate estimate reflects an estimate based upon the center of gravity of the load being evenly distributed. If not, the customer must provide a drawing to reflect the actual center of gravity, for trailer and deck adjustments.

Pricing does not include wrapping, tarping, sealing or protection from natural elements or road spray unless otherwise specified.

Customer is responsible for all blocking/bracing materials or fabrication cost if needed to safely transport load.

Quote does not include detention charges should they occur. Dock/Port/Rail or storage charges are not included and are the responsibility of the customer.

Customer will be responsible for providing any documents (on letterhead) required by agency, for Issuance of special hauling permits.

Pricing does not include charges for cost of paperwork associated with Customs Clearance.

Payment is required within 15 days of the invoice date. Late Fees are subject to 1.5% per month.
Payment for invoices cannot be applied towards any other invoices without written consent from Carrier.

Carrier is not responsible for any delays caused from Force Majeure. "Force Majeure Event" shall mean any event beyond a party's control, including but not limited to: acts of war, acts of public enemies, terrorist attacks, governmental orders relating to the foregoing, insurrections, riots, sabotage, earthquakes, floods, acts of God, embargoes, authority of laws, labor disputes (including strikes, lockouts, job actions, or boycotts), fires, explosions, or failure in electrical power, heat, light, air conditioning or communications equipment.

To the extent that either party's performance (except payment obligations) is precluded or delayed by a "Force Majeure Event" such performance shall be excused for the time necessitated by such event.

Except as otherwise expressly provided in these Terms & Conditions, in no event will either party be liable to the other for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages.

Non-Applicability of Tariffs. Irrespective of any provisions in bills of lading, tariffs, service guides or similar publications, CARRIER's liability for loss, damage or delay shall be determined solely by these Terms & Conditions. Any attempts to enhance or limit CARRIER's liability by tariff or other provisions incorporated by reference shall be deemed null and void.

Non-Applicability of the Carmack Amendment. Pursuant to 49 U.S.C. 14101, these Terms & Conditions shall not be governed by the Carmack Amendment, 49 U.S.C. 14706 et seq. All rights and remedies provided therein are specifically waived by the parties.

Claims; Filing Requirements. The following shall constitute filing a claim: A written or electronic notice of claim to CARRIER, containing facts sufficient to identify the shipment and that reasonably informs CARRIER that loss, damage or delay has occurred.

Claims Processing: Claims shall be processed and disposed of by CARRIER in a reasonably timely fashion. In the event a claim is denied, CARRIER shall state a lawful reason for declining to accept responsibility for the claim, and shall be stated by the CARRIER, not its insurer.

Time Limits; Claims for Loss or Damage. The time limit within which SHIPPER must make a claim for loss against CARRIER shall be 90 days from the date of delivery.

Time Limits; Suits for Loss or Damage. The time limit within which SHIPPER must institute suit against CARRIER to recover on a claim filed pursuant to this Section shall be six (6) months from the date such loss or damage occurred.

The laws applicable to these Terms will be the laws of the State of Texas without regard to its conflict of laws. If either party commences suit, action or other legal proceeding against the other that relates to these Terms or any Container or services, the forum for the same, including without limitation the forum of the trial, will take place only in Harris County, Texas. Both parties agree to accept the exclusive jurisdiction of such courts and both parties waive any objection to venue in such courts. Each provision of these Terms will be interpreted so as to be valid under applicable law. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.

Rev. 07/01/2010