These Customer Terms and Conditions (“Terms”) apply to the services provided by Reddog Logistics Inc. These Terms set forth the rights and obligations of Reddog Logistics Inc. and the Customer. By requesting Reddog Logistics Inc. to provide the services specified below, Customer accepts these Terms and warrants that acceptance of these Terms has been authorized by a representative of Customer as of the date the services were first provided by Reddog Logistics Inc.. Reddog Logistics Inc. may change these Terms at any time without notice to Customer by publishing updated terms on Reddog Logistics Inc.’s website. The changed Terms shall be effective immediately as of the date of said change.
These Terms are divided into two parts depending on the nature of the services that Reddog Logistics Inc. offers and agrees to provide on a particular shipment. Reddog Logistics Inc. has a motor carrier authority issued by the Federal Motor Carrier Safety Administration as a broker authority issued by the FMCSA under US DOT # 2364036, MC # 808415. The Terms applicable to a particular shipment will depend on whether Reddog Logistics Inc. has agreed to (a) provide services as a Broker to arrange for transportation or (b) provide services as a Carrier to provide transportation utilizing its own equipment. The terms set forth in ARTICLE I below shall apply when Reddog Logistics Inc. has agreed to act as a Broker to arrange transportation. The terms set forth in ARTICLE II below shall apply when Reddog Logistics Inc. has agreed to act as a Carrier to provide transportation utilizing equipment owned and/or operated by Reddog Logistics Inc..
ARTICLE I – Brokerage Terms and Conditions:
The Terms and Conditions set forth in this Article I apply only to shipments under which Reddog Logistics Inc. has agreed to act as a broker by arranging transportation of Customer’s freight by motor carrier or by intermodal transportation.
A. DEFINITIONS:
- Brokerage: On loads where Reddog Logistics Inc. has agreed to arrange transportation, Reddog Logistics Inc. shall be regarded as a Broker of motor carriage as the term “Broker” is defined in 49 U.S.C. § 13102(2). Where Reddog Logistics Inc. has agreed to arrange transportation, Reddog Logistics Inc. shall be regarded as an entity that, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier or rail transportation provider, and, in such circumstances, Reddog Logistics Inc. shall not be regarded as a motor carrier or freight forwarder, and under such circumstances Reddog Logistics Inc. does not undertake liability for loss, damage, or delay to cargo.
- Customer: “Customer” means the person or entity at whose request and/or for whose benefit Reddog Logistics Inc. provides brokerage services. Customer can include any third-party logistics provider, shipper, consignor, consignee, beneficial cargo owner, or any other party or its agent acting on behalf of such person or entity with interest in the shipment.
- Carrier: On shipments arranged by CDES “Carrier” means motor carrier, including its drivers and independent owner operators, rail transportation service providers.
- Services: “Services” as used in this Article I shall include brokerage and non-brokerage services including but not limited to arranging, or offering to arrange, the transportation of goods by an authorized motor carrier or rail transportation provider; billing and collection from Customers; payment of Carrier invoices for the transportation of Customer freight; and facilitating cargo claims for the benefit of Customer.
B. BILLING AND PAYMENT:
All rates for brokerage services quoted by Reddog Logistics Inc. to Customer shall be quoted subject to and in reliance on the applicability of the Terms herein, and, also, in reliance on the Customer providing accurate information as to the nature of each shipment including, but not limited to, weight, pallet count, commodity, appointment dates and times, temperature-settings, hazardous materials classifications and descriptions, and any special handling instructions.
Customer shall provide Reddog Logistics Inc. with accurate information as to each shipment. Any special handling or delivery requirements pertaining to a shipment must be addressed by Customer in writing to Reddog Logistics Inc. prior to shipment. In the event the nature of any shipment is contrary to the information provided by Customer to Reddog Logistics Inc. or to the Carrier arranged by Reddog Logistics Inc., Customer shall be responsible for any additional charges assessed by the Carrier or Reddog Logistics Inc. due to deviation from the information provided by Customer and shall be solely responsible for and indemnify and hold harmless Reddog Logistics Inc. and any Carrier arranged by Reddog Logistics Inc. against all losses, claims, damages, and expenses, including reasonable attorneys’ fees, incurred by Reddog Logistics Inc. and such Carrier as a result of Customers provision of incorrect or contrary information.
In the event that Reddog Logistics Inc. accepts and provides Services to Customer before reaching an agreement with Customer on pricing, Customer agrees to pay Reddog Logistics Inc. the last pricing quoted by Reddog Logistics Inc. to Customer for the particular lane and/or shipment, or charged by Reddog Logistics Inc. to Customer on a reasonably similar lane and/or shipment or, in the event that no previous pricing has been provided by Reddog Logistics Inc. on the same or substantially similar lane or service, Customer agrees to pay Reddog Logistics Inc. a charge based on the amount of the Carrier’s charges plus 25%. Customer shall be liable for all charges payable on account of such Customer’s shipment including, but not limited to, all line haul charges, lumper fees, and accessorial charges.
Reddog Logistics Inc. agrees to invoice Customer and to provide a signed proof of delivery via e-mail for each shipment, and Customer agrees to accept Reddog Logistics Inc. invoices via e-mail. Customer agrees to pay Reddog Logistics Inc. no later than 30-days following receipt from Reddog Logistics Inc. of an invoice and proof of delivery. Customer agrees to pay interest at the rate of 1½% per month or the highest allowable interest rate, if lower, on all overdue balances. All payments shall be made in United States dollars.
Customer agrees that Customer shall report to Reddog Logistics Inc. in writing any discrepancies or objections to the amounts invoiced by Reddog Logistics Inc. no later than 30 days following receipt of such invoice and proof of delivery. To the extent Customer fails to object or otherwise report any discrepancies within 30 days, it shall be understood that Customer has agreed that Customer has been properly invoiced, and Customer waives any further objections or excuse for non-payment of said invoice.
Customer agrees to be responsible for and to pay Reddog Logistics Inc. additional charges incurred as a result of, but not limited to, the follow circumstances: (a) If the original quoted amount was based upon the incorrect information provided by the Customer and the actual charges incurred increase as a result, or (b) If additional services by the Carrier were required in order to complete the transportation services for the benefit of Customer, or (c) If the Customer authorized Carrier to perform the pickup, transportation, and delivery functions other than contemplated by the bill of lading.
C. INSURANCE:
- Carrier Insurance: Reddog Logistics Inc. does not carry commercial automobile liability insurance or primary cargo insurance affording coverage for shipments on which Reddog Logistics Inc. agrees to provide services as a broker. Reddog Logistics Inc. agrees on such shipments that Reddog Logistics Inc. shall enter into a Broker-Carrier Agreement with Carriers arranged by Reddog Logistics Inc. which shall require said Carriers to maintain (a) Commercial Automobile Liability Insurance, with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00) (U.S. Dollars), each occurrence including coverage for any and all liabilities for personal injury (including death) and property damage arising out of the use or operation of the Carrier’s equipment; and (b) Cargo insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per shipment.
- Contingent Cargo Insurance: Reddog Logistics Inc. agrees that Reddog Logistics Inc. shall maintain a contingent cargo policy with limits in the amount of $100,000.00 for shipments on which Reddog Logistics Inc. operates as a Broker.
- Customer Insurance: Customer shall be responsible for maintaining its own cargo/property insurance covering the Customer’s goods while in transit or in temporary storage and including loading and unloading where the value of such goods exceeds $100,000.
D. CLAIMS FOR INJURY TO CARGO AND OTHER CLAIMS:
- Cargo Claims. Customer understands that for shipments on which Reddog Logistics Inc. agrees to act as a Broker, Reddog Logistics Inc. only facilitates cargo claims for loads that have been transported by the Carrier arranged by Reddog Logistics Inc.. Customer acknowledges and agrees that Reddog Logistics Inc. is not liable for claims arising out of injury to cargo including as a result of loss, damage, or delay. Reddog Logistics Inc. agrees to assist Customer in pursuing Cargo Claims on Customer’s behalf and Customer agrees to provide accurate information necessary in order the substantiate said claims. Customer represents and warrants that all information submitted to Reddog Logistics Inc. as a broker for the purpose of pursuing a cargo claim shall be true and correct.
- No Right to Setoff. Customer agrees to not withhold payment to Reddog Logistics Inc. for Services provided herein because of any pending cargo claims. Customer agrees that Reddog Logistics Inc. has no obligation to assist Customer in the filing of claims arising out of injury to cargo on behalf of Customer if Customer has not paid Reddog Logistics Inc.’s invoices current and in full.
- Broker Discretion to Pay. For shipments on which Reddog Logistics Inc. agrees to act as a Broker, in the event Reddog Logistics Inc. elects in its sole and absolute discretion to pay a claim for freight loss or damage (even though Reddog Logistics Inc. has no contractual, regulatory, or statutory obligation to do so), upon such payment, Customer automatically assigns and transfers to Reddog Logistics Inc., without further action required, all of Customer’s rights and claims against any and all parties (including the Carrier) that may be liable for the freight loss or damage. Where Reddog Logistics Inc. elects to pay a claim and Customer assigns its rights to Reddog Logistics Inc., Customer agrees to provide such documents and other assistance as necessary to enable Reddog Logistics Inc. to prosecute its claim.
- No Consequential Damages. IN NO EVENT SHALL BROKER HAVE ANY LIABILITY FOR NOR SHALL CUSTOMER HAVE A CLAIM OR REMEDY AGAINST BROKER FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS.
- Authorization: If events or circumstances, including Customer’s or its consignee’s failure to take delivery, occur that affect performance, Reddog Logistics Inc. will take reasonable steps to obtain Customer’s further instructions. If, for whatever reason, Reddog Logistics Inc. does not receive timely instructions, or Reddog Logistics Inc., in its sole discretion, determines that compliance with such instructions is impractical, Reddog Logistics Inc. may: a) arrange for storage of, or store, the cargo at the sole risk and expense of Customer, or; b) authorize any Carrier to abandon transportation and make the Customer’s cargo or any part of such cargo available to Customer at a place that is reasonable under the circumstances. In the event that any shipment is refused or remains unclaimed at destination or at any transshipping point in the course of transit, or is returned for any reason, Customer will nevertheless pay Reddog Logistics Inc. for all charges and expenses in connection with the shipment.
E. SERVICE TERMS:
Hazmat Shipments: Customer shall be solely responsible for complying with, and shall comply with, all applicable laws and regulations relating to the transportation of hazardous materials (“Hazmat”) as defined in 49 CFR parts 172 and 173. Customer shall be solely responsible for determining the hazard class of a particular Hazmat shipment, loading Hazmat shipments, marking and labeling packages for Hazmat shipments, preparing and reviewing shipping papers for compliance with applicable regulations, certifying that the Hazmat shipment is in proper condition for transportation in conformance with regulations, loading, blocking, and bracing Hazmat packages in a freight container or transport vehicle, segregating Hazmat packages in a freight container or transport vehicle from incompatible cargo, selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material, and providing emergency response information for Hazmat shipments. Customer shall indemnify and hold Reddog Logistics Inc. harmless from any penalties or liability of any kind, including reasonable attorneys’ fees, arising out of the Customer’s failure to comply with applicable Hazmat laws and regulations, and shall indemnify Reddog Logistics Inc. for reasonable attorneys’ fees incurred in pursuing indemnity under this section.
Force Majeure. Customer agrees that neither Reddog Logistics Inc. nor Carriers arranged by Reddog Logistics Inc. shall be liable for loss, damage, delay, or failure to perform any obligation resulting from circumstances beyond their control, including but not limited to any fire, explosion, Act of God (including floods, hurricanes, tornadoes, earthquakes, severe weather conditions and natural disasters); strike, lockout or labor shortage or disturbance; war, terrorism, embargo, quarantine, riot, civil disobedience, hijacking or robbery; congestion, derailment or service issues affecting the Carriers; closing or disruptions affecting highways or rail networks, or other transportation systems; the actions of any Government Authority or customs inspection requirements; acts or omissions of Customer; or any other cause outside of the reasonable control of Reddog Logistics Inc. or the Carrier.
Receipts and Bills of Lading. For all shipments on which Reddog Logistics Inc. agrees to arrange transportation as a Broker, insertion of Reddog Logistics Inc.’s name on the Bill of Lading as the “carrier” will be for Customer’s convenience only, and will not imply that Reddog Logistics Inc. is actually a motor carrier or otherwise change Reddog Logistics Inc.’s status to that of a motor carrier. To the extent Customer or any other shipper inserts Reddog Logistics Inc.’s name as the motor carrier on any bill of lading for shipments on which Reddog Logistics Inc. agrees to arrange transportation as a Broker, Customer agrees to indemnify and hold harmless Reddog Logistics Inc. from any claims, expenses, including attorneys’ fees, damages, and losses, arising out of Customer’s or any third party’s designation of Reddog Logistics Inc. as a motor carrier on the bill of lading.
Independent Contractor Status. For all shipments on which Reddog Logistics Inc. agrees to arrange transportation as a Broker, Customer acknowledges and agrees that Reddog Logistics Inc. is not an agent for the Carrier under any circumstances and is an independent contractor. Customer stipulates and agrees that Customer neither exercises nor retains control or supervision over Reddog Logistics Inc. or its operations, or the Carriers arranged by Reddog Logistics Inc., and that Reddog Logistics Inc. does not retain control or supervision over the Carriers.
INDEMNIFICATION:
Customer will defend, indemnify and hold Reddog Logistics Inc. and its employees, officers, owners, members, managers, and agents harmless from and against any and all liabilities, claims, losses, suits, actions, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever (“Claims”) arising out of Customer’s actions or omissions where such Claim is caused by (1) the negligence or intentional misconduct of Customer; (2) Customer’s or its employees’ or agents’ violation of applicable laws or regulations; (3) Customer’s or its employees’ or agents’ failure to comply with these Terms; (4) Customer’s breach of any warranty or obligation contained herein or under any other agreement between Customer and Reddog Logistics Inc.; and/or (5) Reddog Logistics Inc. ‘s compliance with or reliance on Customer’s instructions; except in each case to the extent such Claim is the result of the gross negligence or intentional misconduct of Reddog Logistics Inc..
GOVERNING LAW AND FORUM:
These Terms and all Brokerage Services provided by Reddog Logistics Inc. will be deemed to have been drawn in accordance with and performed in accordance with the statutes and laws of the State of Illinois and in the event of any disagreement or dispute, the laws of Illinois will apply, without regard to its choice or conflict of law, and suit must be brought exclusively in the State or Federal Courts encompassing the County of DuPage, Illinois.
ATTORNEYS FEES:
Customer shall be responsible for all court costs and reasonable attorneys’ fees incurred by Reddog Logistics Inc. arising out of any breach by the Customer (including, but not limited to, Customer’s failure to pay amounts due to Reddog Logistics Inc. for Services provided herein) and/or incurred by Reddog Logistics Inc. in enforcing its rights under these Terms, or otherwise.
ARTICLE II – CARRIER TERMS AND CONDITIONS
The Terms and Conditions set forth in this Article II apply only to shipments under which Reddog Logistics Inc. has agreed to act as a motor carrier by transporting Customer’s freight utilizing equipment owned and/or operated by Reddog Logistics Inc. under Reddog Logistics Inc.’s Federally-issued motor carrier authority.
DEFINITIONS:
“Payor” shall mean the person responsible for payment of Reddog Logistics Inc.’s transportation charges.
“Shipper” shall mean the consignor, the person that initiates a shipment transported by or for Reddog Logistics Inc., the person that benefits from the transportation services, the entity that arranges transportation with Reddog Logistics Inc., and the owner of legal or equitable title to the goods transported by or for Reddog Logistics Inc..
“Transportation” shall mean line-haul services, loading and unloading, lumper services, detention, accessorials, pallet fees, fuel surcharges, and delivery services.
PAYMENT OF CHARGES FOR MOTOR CARRIER SERVICES:
Reddog Logistics Inc.’s Transportation charges for motor carrier services shall be paid in full within thirty (30) days of receipt of Reddog Logistics Inc.’s invoice. In the event payment is not made within thirty (30) days of the date of Reddog Logistics Inc.’s invoice, Reddog Logistics Inc. shall be entitled to interest at the rate of 1 ½ % per month on such amounts remaining unpaid, or the maximum legal rate of interest, whichever is lower.
For shipments where the Bill of Lading is marked “Collect”, the Consignee shall be primarily responsible for the payment of Reddog Logistics Inc.’s transportation charges.
For shipments where the Bill of Lading is marked “Third Party Payor” or where the Bill of Lading contains words to similar effect, the Shipper and Consignee (in addition to the party identified as “Third Party Payor”) shall nonetheless be primarily responsible for the payment of Reddog Logistics Inc.’s transportation charges.
For shipments where the Bill of Lading is marked “Prepaid” and for all other shipments, the Shipper shall be primarily responsible for the payment of Reddog Logistics Inc.’s transportation charges.
For all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier, regardless of the allocation of payment responsibility on the face of the Bill of Lading, the Shipper and Consignee shall be liable for the payment of Reddog Logistics Inc.’s line-haul charges.
Payor agrees that it shall not setoff or deduct any amounts due to Reddog Logistics Inc. for transportation charges for any reason including, but not limited to, any cargo claims Payor, Shipper, Consignee, or any third party may assert against Reddog Logistics Inc..
Payor shall notify Reddog Logistics Inc. of any disagreement Payor or Shipper has with any amount invoiced by Reddog Logistics Inc. for transportation charges no later than thirty (30) days following receipt of Reddog Logistics Inc.’s invoice. Payor and Shipper waive any objection to the amount invoiced if Payor does not provide Reddog Logistics Inc., in writing, a statement setting forth the reasons that Payor disagrees with the amount invoiced, within the time allotted herein.
LIABILITY FOR CARGO LOSS, DAMAGE, AND DELAY:
For all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier, Reddog Logistics Inc.’s liability for claims for cargo loss, damage, theft, destruction, contamination, spoilage, or other injury to property shall be governed by 49 U.S.C. § 14706 regardless of whether the shipment is interstate or intrastate in nature. Reddog Logistics Inc. shall not be liable for injury to cargo caused by (a) an act or default of the Shipper, Consignee, owner, or their agents; (b) an act of God; (c) an act of public authority; (d) the inherent vice of the goods transported; or (e) freezing or spoiling of any perishable goods (provided Reddog Logistics Inc. has not specifically consented to maintain temperature control on a shipment, and such consent is communicated in writing, prior to acceptance of the shipment by Reddog Logistics Inc.).
Unless Shipper or Payor purchases excess liability in strict compliance with the terms set forth in subparagraph 3(c) below, Reddog Logistics Inc.’s liability for any cargo loss, damage, theft, destruction, contamination, spoilage, or other injury to property on all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier shall not exceed the lesser of the following: i. $1.00 per pound; or ii. $100,000.00.
Where Reddog Logistics Inc. agrees to transport a shipment as a motor carrier, Reddog Logistics Inc.’s rates for the transportation of cargo, whether provided in a written contract or otherwise, are dependent on the value of the cargo, specifically on the limitations of liability described in Article II, Section C(1). IF SHIPPER OR PAYOR DESIRES TO PURCHASE LIABILITY LIMITS IN EXCESS OF THOSE DESCRIBED IN Article II, Section C(1), SHIPPER AND/OR PAYOR MUST COMPLY WITH THE FOLLOWING PROVISIONS:
Shipper must notify Reddog Logistics Inc., in writing, no less than forty-eight hours prior to pickup of the shipment for transportation (1) stating that the Shipper chooses to purchase liability limits in excess of those described in Article II, Section C(1); (2) specifically identifying the freight subject to higher liability limits or full value, and (3) identifying the value of the shipment.
Prior to releasing the shipment to Reddog Logistics Inc., Shipper must acknowledge and accept in writing the freight rate offered by Reddog Logistics Inc. pursuant to Article II, Section C(3)(2).
The Shipper must place the following notification on the bill of lading:
“This shipment is subject to full liability under 49 U.S.C. § 14706”
Failure of Shipper to comply with the foregoing conditions will be deemed a waiver by Shipper of its request for higher liability.
Reddog Logistics Inc. shall be liable for the lesser of the actual replacement value of the goods or the invoice value of the goods at origin.
Reddog Logistics Inc. DOES NOT AGREE AND SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM FREIGHT LOSS, DAMAGE, OR DELAY, REGARDLESS OF NOTICE.
In the absence of an agreement to the contrary, Payor may not withhold payment on Reddog Logistics Inc.’s invoices pending resolution of outstanding freight loss, damage, or delay claims.
CLAIMS PROCEDURE:
As a mandatory and non-waivable condition precedent for filing suit and a condition precedent to any recovery, claims for freight loss, damage, or delay must be filed in writing with Reddog Logistics Inc. within nine (9) months of the date of delivery, or date of scheduled delivery in the event of non-delivery. Claims must strictly comply with the claim filing requirements of 49 C.F.R. Part 370. All claims must identify the shipment involved, must assert liability for a specified amount of money, and must be supported by copies of the bill(s) of lading, delivery receipt(s), and invoices or other documents substantiating the claim amount. Any civil action against Reddog Logistics Inc. for injury to cargo shall be filed no later than two (2) years from the date Reddog Logistics Inc. provides written notice that Reddog Logistics Inc. has disallowed any part of the claim specified in the notice of claim.
COMMINGLING:
Unless Shipper specifically requests “Exclusive Use” of Reddog Logistics Inc.’s trailer in writing prior to tender of the shipment, no shipment shall be entitled to the exclusive use of Reddog Logistics Inc.’s trailer in which the shipment is to be transported, and Reddog Logistics Inc. has the unrestricted right to select the trailer for the transportation of a shipment, and load other freight on the trailer.
FREE TIME AND DETENTION:
On each separate shipment on which Reddog Logistics Inc. agrees to transport a shipment as a motor carrier, two (2) hours free time is allowed in the aggregate for all stops including but not limited to at the shipping location or consignee’s location. When, due to no fault, negligence, or disability of Reddog Logistics Inc., the loading or unloading of freight or the pick up or delivery of any trailer is delayed beyond the Free Time, Payor and Shipper and Consignee (to the extent they are not the Payor) agree to pay Reddog Logistics Inc. a charge for detention at the rate of $50.00 for each thirty (30) minute duration, or fraction thereof, that Reddog Logistics Inc. is forced to wait beyond Free Time. Time consumed in loading or unloading shall commence from the time of arrival of the Reddog Logistics Inc.’s vehicle at the location of the facility to which Reddog Logistics Inc. has been directed to load or unload (or at the time of constructive placement) and shall cease upon a signature being given to Reddog Logistics Inc. by the consignee on the bill of lading or other delivery receipt upon completion of unloading.
HAZARDOUS MATERIALS:
Reddog Logistics Inc. will not accept hazardous materials or dangerous goods of any kind in the performance of its operations as a motor carrier. Neither the Shipper, nor any other person listed on the Bill of Lading or otherwise acting on their behalf, shall tender hazardous materials or dangerous goods to Reddog Logistics Inc. for any purpose whatsoever. To the extent Reddog Logistics Inc. inadvertently accepts hazardous material or dangerous goods, the Shipper and all other persons listed on the bill of lading shall fully and completely indemnify, defend, and hold Reddog Logistics Inc. harmless for any and all losses, damages, and expenses, including reasonable attorney’s fees, hereinafter incurred and against any actions and claims made against Reddog Logistics Inc. caused by or arising out of the transportation of said hazardous materials or dangerous goods.
SHIPPER PACKAGING AND LABELING: For all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier, Shipper certifies that such shipments will be packaged securely, properly labeled, and properly described on a bill of lading. Reddog Logistics Inc. shall not be responsible for any loss, damage, penalty, or fine that may be caused by the Shipper’s failure to properly package and label the shipment, or from the Shipper’s failure to provide Reddog Logistics Inc. with the complete and accurate bill of lading.
SHIPPER LOAD AND COUNT:
For all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier, Reddog Logistics Inc. shall not be responsible for verifying the count or amount of freight on any shipment on which a seal is placed. On Shipments where a seal has been affixed to Reddog Logistics Inc.’s Trailer and the seal remains unbroken, Reddog Logistics Inc. shall have no liability for claims of shortage or claims of damage due to shifting in the Trailer.
PROHIBITED ITEMS/ITEMS OF EXTRAORDINARY VALUE:
The following property will not be accepted for transportation by Reddog Logistics Inc.: Alcoholic Beverages, Jewelry, Animals, Letters, Articles of Extraordinary Value, Mobile Telephones, Museum Exhibits or Articles of Antiquity, Asbestos, Notes, Bank Bills, Original Works of Art, Coins, Money, Postage Stamps, Currency, Precious Stones, Deeds, Revenue Stamps, Drafts, Guns and ammunition, Tickets, Fireworks, Tobacco and Tobacco Products, Hazardous Materials and Hazardous Waste, Household Goods and Video gaming machines. As used herein, Articles of Extraordinary Value shall include commodities and/or items tendered to Reddog Logistics Inc. with an invoice value exceeding $100,000.00 per truckload shipment. Such commodities will not be accepted by Reddog Logistics Inc. for transportation without a specific written request by the Shipper, accepted in writing by Reddog Logistics Inc., expressly approving acceptance of such commodities and/or items for transportation. Commodities inadvertently accepted by Reddog Logistics Inc. with an invoice value exceeding $100,000.00 per truckload without a specific written request by Shipper and express written acceptance by Reddog Logistics Inc. will be considered released to Reddog Logistics Inc. by the Shipper at $1.00 per pound or a value of $100,000.00, whichever is less.
STOP IN TRANSIT / REFUSAL OF DELIVERY:
For all shipments which Reddog Logistics Inc. agrees to transport as a motor carrier, if cargo is stopped and held in transit upon the request of the Shipper, or other party entitled to make such request, or if the Consignee refuses the shipment tendered for delivery, or if Reddog Logistics Inc. is unable to deliver a shipment because of a fault or mistake of the Payor, Shipper, Consignee, or their agents, Reddog Logistics Inc.’s liability shall then become that of a warehouseman. Reddog Logistics Inc. will promptly attempt to provide notice, by telephone or e-mail, to the Shipper or other party designated to receive notice on the bill of lading. Storage charges of $100 per day shall start commencing on the next business day. Reddog Logistics Inc. may place the shipment in public storage at the Shipper’s expense and without liability to Reddog Logistics Inc..
If, in the event of a rejection of a shipment at destination, Reddog Logistics Inc. does not receive disposition instructions within 10 days of such notification, Reddog Logistics Inc. may offer the shipment for sale at a public auction or through other commercially reasonable sale of the cargo. The proceeds from such sale will be applied to Reddog Logistics Inc.’s invoice for transportation, storage, attorneys’ fees, costs of sale, and other reasonably-related charges. If there is a balance remaining after all charges and expenses (including reasonable attorneys’ fees) have been paid, such balance will be paid to the owner thereof, upon claim and proof of ownership. When perishable goods cannot be delivered and disposition is not given within a reasonable time, Reddog Logistics Inc. may dispose of such perishable property to the best advantage. The Payor and Shipper and Consignee will be responsible for the balance of charges not covered by the sale of the goods.
DAMAGE TO Reddog Logistics Inc. EQUIPMENT:
Shipper agrees that Shipper shall be responsible for all expenses incurred by Reddog Logistics Inc. for the repair and/or replacement of Reddog Logistics Inc.’s trailers and other equipment arising as a result of the process of loading Reddog Logistics Inc.’s trailer or due to incorrectly-secured cargo.
INDEMNIFICATION:
Payor and Shipper agreed to defend, indemnify and hold Reddog Logistics Inc. and its employees, officers, owners, members, managers, and agents harmless from and against any and all liabilities, claims, losses, suits, actions, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever (“Claims”) arising out of Payor and/or Shipper’s actions or omissions where such Claim is caused by (1) the negligence or intentional misconduct of Payor and/or Shipper; (2) Payor’s and/or Shipper’s or its employees’ or agents’ violation of applicable laws or regulations; (3) Payor and/or Shipper’s or their employees’ or agents’ failure to comply with these Terms; (4) Payor’s and/or Shipper’s breach of any warranty or obligation contained herein or under any other agreement between Payor and/or Shipper and Reddog Logistics Inc.; and/or (5) Reddog Logistics Inc. ‘s compliance with or reliance on Payor’s and/or Shipper’s instructions; except in each case to the extent such Claim is the result of the gross negligence or intentional misconduct of Reddog Logistics Inc..
GOVERNING LAW AND FORUM:
These Terms and all Brokerage Services provided by Reddog Logistics Inc. will be deemed to have been drawn in accordance with and performed in accordance with the statutes and laws of the State of Illinois and in the event of any disagreement or dispute, the laws of Illinois will apply, without regard to its choice or conflict of law, and suit must be brought exclusively in the State or Federal Courts encompassing the County of DuPage, Illinois.
ATTORNEYS FEES:
Payor and/or Shipper shall be responsible for all court costs and reasonable attorneys’ fees incurred by Reddog Logistics Inc. arising out of any breach by the Customer (including, but not limited to, Payor’s and/or Shipper’s failure to pay amounts due to Reddog Logistics Inc. for Services provided herein) and/or incurred by Reddog Logistics Inc. in enforcing its rights under these Terms, or otherwise.
