1. Definitions. Broker means US Freight Solutions, LLC. Carrier includes Forwarder and all freight carriers that transport goods hereunder or perform any other service related to such carriage. Shipper means you and the consignee.
2. Broker’s Services. Shipper agrees to retain Broker to arrange for the transportation of Shipper’s goods as set forth on this waybill. Broker may, in its sole and absolute discretion, determine the means, route and procedure to be followed in the handling, storage and transportation of Shipper’s goods, regardless of anything to the contrary on the waybill. Any shipment to be performed under this contract by more than one carrier shall be deemed a single shipment.
3. Shipper’s Representations. (a) Shipper’s goods to be transported pursuant to this contract have been packed properly, and do not pose a risk to safety or property; (b) Shipper’s goods do not contain any hazardous substance as that term is commonly defined under applicable federal and/or state law; (c) Shipper has adequate cargo, property and liability insurance covering its goods and this shipment; (d) Shipper has complied with all applicable laws and regulations; and (e) no other Broker or Freight Forwarder has been retained by Shipper in connection with this shipment.
4. Fees. The Shipper and its Consignee, if any, shall be jointly and severally liable for all transportation-related charges hereunder. Shipper agrees to grant Broker a lien on the shipment for all amounts payable to the Broker, including any previous shipments. In the event recipient fails to pay collect freight charges, Shipper will be responsible for all applicable charges. Shipper agrees to pay promptly to Broker any and all applicable charges hereunder.
5. No Warranty. Shipper acknowledges that Broker does not guarantee to complete the shipment in any specific timeframe and that the Broker may without notice substitute alternate carriers or modes of transportation or routes.
6. International Carriage. International air carriage is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as may be amended from time to time.
7. Power of Attorney. Shipper appoints Broker as its attorney-in-fact to act on its behalf in any lawful way and to execute on its behalf all necessary documents, in connection with the shipment contemplated under this contract.
8. Indemnity. Shipper agrees to defend Broker (by counsel satisfactory to Broker) and to indemnify Broker and hold Broker harmless from and against any claim, demand, cause of action, delay, liability or expense (including attorneys fees and costs) asserted against or incurred by Broker in connection with its services hereunder and Shipper’s breach of any representation, warranty or covenant contained in this contract.
9. Limitation of Liability.
a. Unless Shipper declares a higher value for carriage in advance of shipment, Broker’s liability to Shipper is limited to the higher of either $50.00 per shipment or 50 cents per pound per piece of cargo lost, damaged, improperly delivered, or otherwise adversely affected, but in to event shall Broker’s liability exceed the actual replacement value of the goods.
b. Declared value charge will be calculated at a rate of .85 cents per $100.00 of declared value or fraction thereof.
c. SHIPMENTS INCLUDING DECLARED VALUE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM BROKER’S EXECUTIVE MANAGEMENT IN ORDER TO OBTAIN COVERAGE.
d. Broker will not be liable for concealed loss/damage claims on shipments consisting of used medical, scientific, electrical, telephone, computer, or other sensitive machinery.
10. Claims Procedures.
a. Overcharge claims must be received in writing within one (1) year after the date of acceptance of the shipment by the consignee or other recipient.
b. Notifications of all other claims (except concealed loss/damage claims) must be received in writing within 120 calendar days after acceptance of the shipment by consignee or other recipient.
c. Concealed loss/damage claims (I.e., claims, for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by Broker within twelve (12) calendar days of such complaint. All claims must be perfected within six (6) months of notification.
d. Except as provided in paragraph (c) above, acceptance of the shipment by the recipient without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment was delivered in good condition. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee must inspect the contents of the shipping containers before consignee signs for the shipment on the delivery receipt. Note: Notations such as subject to inspection are not exceptions.
e. All applicable charges must be paid in full to Broker as due, and prior to the pursuit of any claim. f. Only the lawful owner of the goods in question may file a claim for loss or damage of a shipment. g. All claims for loss or damage must be reported in writing, within the time limits set forth herein, to:
US Freight Solutions, LLC
11551 E. 45th Ave Ste. B
Denver, CO 80239
h. All claims determined by Broker to require further clarification or supporting documentation must be perfected within three (3) months of Broker’s request unless the claimant in writing to the Broker requests an extension and approval is granted in writing by the Broker.
i. Shipper shall have six (6) months to file suit on claims denied in whole or in part by the Broker.
11. Attorney’s Fees. The prevailing party in any arbitration or other court proceeding shall be awarded its
reasonable costs and attorneys’ fees incurred in connection with the dispute.
12. Independent Contractor. Broker is, and at all times while acting under this contract shall be, an independent
contractor. Nothing contained herein shall be construed to make Broker a partner, joint venturer, or employee
of the Shipper, or cause the Broker to be liable for any obligation of Shipper.
13. Force Majeure. Notwithstanding anything to the contrary to this contract, Broker shall not be liable for any
failure of performance or loss or damage due to anything reasonably beyond its control, including but not limited
to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, regulations or controls,
judicial orders, enemy or hostile action, civil commotion, fire or other casualty.
14. Entire Agreement. This contract contains the complete understanding and agreement of the parties and
supersedes all prior contemporaneous agreements or understandings, oral or written, relating to Broker’s services.
Any waiver, modification or amendment of any provision of this contract will be effective only if in writing and signed
by an executive officer of Broker. In the event that shipment is tendered to Broker on a straight bill of lading or other
shipping document, Broker’s contract, rules and regulations will supersede any terms or conditions contained on any other
15. Severability. In the event that any provision of this contract shall be adjudicated to be void, illegal,
invalid, or unenforceable, the remaining terms and provisions shall not be affected thereby, and each of such
remaining terms and provisions of this contract shall be valid and enforceable to the fullest extent permitted
16. Waiver. No waiver of any provision of this contract shall be deemed or shall constitute a waiver of any
other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver.
17. Governing Law; Jurisdiction. This contract shall be governed by, and construed in accordance with, the laws of the State of Colorado as applied to agreements made in Colorado, without regard to choice of law principles. Each party consents to jurisdiction and service of process within Colorado for any proceeding arising under this contract, and venue in any such proceeding will lie in Denver, Colorado.