GTI USA Terms & Conditions

These Terms and Conditions are also known as a Rules Tariff, Tariff,  Rules Circular, Rules, and similar references. 

The term “Shipper” means the person(s) or entity(ies) desiring to have  the goods transported, sending the goods, or otherwise liable as a  shipper under law. This definition includes the exporter, importer,  sender, receiver, owner, consignor, consignee, forwarder, broker,  transferor, or transferee of the shipments, or any other agents or  representatives of Shipper. It is the responsibility of all such parties  to provide notice and copies of these Terms and Conditions to each  other. The term “Consignee” shall mean the person or party to whom  the freight is to be delivered. 

The term “Company” refers to GTI USA Transport Inc. of Polk, IA,  MC 809871

Shipper and its agents consent to the use of Company’s affiliated  brokerage entities, GTI USA Inc., operating under MC-855627, GTI  Roll Transportation Services Inc., operating under MC-855944,  and Jetco Logistics, L.L.C., operating under MC-584105 (“Broker  Affiliates”) to broker loads that Company does not perform using its  own equipment. Such service is subject to the terms and conditions  of the Broker Affiliate providing services. Shipper and its agents  expressly agree that they will not attempt to hold GTI USA Inc., GTI  Roll Transportation Services, Inc., or Jetco Logistics, L.L.C. liable in  the capacity of a motor carrier when they provide brokerage services.  Shipper’s insertion of Company or the Broker Affiliates (for a brokered  load) as the carrier on a bill of lading or other document shall be for  Shipper’s convenience only and shall not affect the status of the actual  motor carrier transporting the property or brokerage entity arranging  for transportation. GTI Roll Transportation Services, Inc. performs  services by transporting cargo on equipment owned or leased to GTI  Roll Transportation Services, Inc. under MC-855944. Jetco Delivery,  L.L.C. performs services by transporting cargo on equipment owned  or leased to Jetco Delivery, L.L.C. under MC-555157. Jetco Heavy Haul,  L.L.C. performs services by transporting cargo on equipment owned  or leased to Jetco Heavy Haul, L.L.C. under MC-660310. Associated  Acquisition Company LLC dba Jetco Delivery DFW, LLC performs  services by transporting cargo on equipment owned or leased to  Associated Acquisition Company LLC dba Jetco Delivery DFW, LLC  under MC- 996573. 133678 Canada Inc. dba Nomade Transportation  performs services by transporting cargo on equipment owned or  leased to 133678 Canada Inc. dba Nomade Transportation under MC 371377. Precision Specialized Inc. performs services by transporting  cargo on equipment owned or leased to Precision Specialized Inc.  under MC- 670520. 

Shipper and its agents further agree they will not attempt to hold  Company liable in the capacity of a broker, nor to attempt to make  any claim against Company in connection with transportation services  performed by any other motor carrier. The carrier actually transporting  the freight at issue (“Carrier”) shall be the sole party responsible in the  capacity of a motor carrier. 

As a convenience to Shipper, invoices may be processed by  Company’s affiliated entity and such administrative support in  issuing invoices will not alter Company’s role in connection with a  particular shipment, as the act of invoicing is a purely administrative  function performed independent of arranging for transportation  services. Company, GTI USA Inc., GTI Roll Transportation Services,  Inc., Precision Specialized Inc., Jetco Delivery, L.L.C., Jetco Heavy  Haul, L.L.C., Associated Acquisition Company LLC dba Jetco Delivery  DFW, LLC, Jetco Logistics, L.L.C. and 133678 Canada Inc. dba Nomade  Transportation are each individual business organizations, each of  which (i) is solely responsible for its own debts and obligations, and  (ii) is not responsible for the debts and obligations of any other entity  unless expressly agreed in writing. Shipper agrees that Company, GTI  USA Inc., GTI USA Transport Inc., GTI Roll Transportation Services,  Inc., Precision Specialized Inc., Jetco Delivery, L.L.C., Jetco Heavy  Haul, L.L.C., Associated Acquisition Company LLC dba Jetco Delivery  DFW, LLC, Jetco Logistics, L.L.C. and 133678 Canada Inc. dba Nomade  Transportation shall not be liable, and Shipper will not attempt to hold  them liable, for the conduct of their affiliates or third parties. Similarly,  Shipper agrees that Company, GTI USA Inc., GTI Roll Transportation  Services, Inc., Precision Specialized Inc., Jetco Delivery, L.L.C., Jetco  Heavy Haul, L.L.C., Associated Acquisition Company LLC dba Jetco Delivery DFW, LLC, Jetco Logistics, L.L.C. and 133678 Canada Inc.  dba Nomade Transportation are not engaged in a partnership, joint  venture, joint enterprise, or similar venture. 

Company reserves the right to modify, amend, and supplement these  Terms and Conditions (also known and referred to as Rules Tariff,  Rules Circular, Rules, Tariff, governing classification, bill of lading  terms and conditions, bill of lading tariff, bill of lading classification,  and similar references; references in bills of lading to filed tariffs and  classifications shall mean these Terms and Conditions, regardless of  whether they are filed with any government entity) from time to time  without notice. 

In the event of any discrepancy or conflict between these Terms  and Conditions and those of any customer or Shipper, these Terms  and Conditions shall control, unless changes have been made by  obtaining prior written approval in advance by the President or CEO  of Company. These Terms and Conditions shall apply to all services  Company provides to Shipper, and Company’s affiliates are third party  beneficiaries to these Terms and Conditions. 


1.1 General. Quotes are based on information provided by the  customer. Price is based on one driver per truck and dock-to-dock  delivery. Unless otherwise specified, price includes 90 minutes of  free time on each end for loading/unloading for tractor service,  and 45 minutes of free time on each end for loading/unloading LTL  (straight truck) service. Detention is calculated in 1⁄4 hour increments.  Detention rate depends on the tractor/trailer combination used.  Unless indicated above, the price excludes charges for detention  time, per diem and additional stops. The quoted rate depends on the  value, weight and dimension of the property described. Any changes  to the actual dimension, description or weight of the load will result  in revisions to the quoted price. For oversize/overweight loads, the  price includes all required permits and escorts as required based  solely on the description provided at the time of issuing the quote.  Additional charges apply for weekend and priority service. All quotes  are based on availability at the time the order is received. In order for  a previously quoted rate to be valid, Shipper must refer to the quote  number at the time of booking. Quoted rates are valid for 30 days,  subject to fluctuations in fuel price and the other variables listed  herein. The right is reserved to adjust quotes at any time, without  notice, to account for changes in fuel price. Unless expressly indicated  in writing, intermodal quotes exclude chassis rental charges in those  cases where steamship lines do not provide the chassis at their cost. 

1.2 Intermodal Shipments. Company does participate in the Uniform  Intermodal Interchange Agreement (UIIA). All trailer use and per diem  charges incurred will be assessed to Shipper and include an additional  administration fee. Company is not responsible for trailer use, per  diem, claims, theft, or loss value for equipment dropped at Shipper’s  facilities. 

1.3 Steamship Line and Third Party Equipment. Use of steamship line  or third party equipment (chassis, containers, flat racks, ISO tanks,  etc.) shall be subject to the steamship line or third party’s equipment  interchange agreement, including allowances for free time, per diem  charges, chassis splits, Maintenance and Repair (M&R) charges, and  all other charges incurred. Shipper will be responsible and billed for  all charges incurred from the use of steamship line or third party  equipment, plus an additional administrative charge. Shipper shall pay  all valid charges without delay. 

1.4 Chassis Splits. When container chassis is not located at the same  location as the container to be transported, chassis split charges may  be assessed. 

1.5 Dunnage, Stripping and Packing. Rates do not include the cost  of any Shipper mandated materials for temporary blocking, bracing,  stripping, saddles, dunnage, or supports, including pipe racks  and stakes, required to protect the freight and make it secure for  transportation. At the request of the Shipper, such materials will be  furnished at an additional charge. 

1.6 Tarpaulins or Covers. Rates do not include tarps or other covers.  When Company is required by law, or when requested by Shipper  or Consignee, to cover a load with tarps or other types of covering, additional charges will be assessed. 

1.7 Stop-Offs. Stop-off charges may be assessed when Company  is required to pick up from multiple origins or deliver to multiple  destination locations. 

1.8 Attempted Pickup. When Company is requested to dispatch  a vehicle to a point designated by the Shipper, and such vehicle is  furnished but not used, due to no fault of Company, an attempted  pickup charge and fuel surcharge will be assessed. 

1.9 Attempted Delivery. If, through no fault of Company, a shipment is  rejected wholly or in part by Consignee, Shipper shall be responsible  for all freight charges as though the shipment had been accepted by  Consignee. In addition, the rejected shipment will be returned to the  point of origin or other location designated by Shipper. The return of  the rejected shipment shall be treated as a new shipment, and Shipper  shall be responsible for all freight charges. If Shipper subsequently  requests Company to re-deliver the shipment, the re-delivery shall  also be treated as a new shipment and rated accordingly. 

1.10 Weighing. Company reserves the right to weigh any shipment  for the purpose of verifying weight for revenue billing and for  conformance with federal, state, or municipal law regarding maximum  weight. When a vehicle is weighed, either empty or loaded, at the  request of the Shipper or Consignee, a weigh charge will be assessed  for each time the vehicle is weighed. Shipper shall at all times have  sole responsibility to ensure shipments comply with the terms of the  International Convention for the Safety of Life at Sea (“SOLAS”), as  applicable.  


2.1 Laws. Laws and regulations are subject to change and may affect  quote. All permit costs along with time to obtain permits could  change and if so will be communicated at time of order. There is no  guaranty as to how long it may take for a permit authority to issue  a permit, and Company is not responsible for any costs associated  with delays in transit due to permit office delays or any other  governmental intervention. Shipper shall ensure that Company has  all the information and documentation necessary to comply with the  laws and regulations of any country in, through, or which the shipment  will be transported. 

2.2 Distance Computations. When shipments move under special  permits required by and obtained from a state, municipal, or other  governmental agency that specifies the route to be traveled by the  motor vehicle, the mileage to be used for rate calculations shall be the  mileage traveled via the route specified in the permits. A change in  dimensions may change the route and rate. 

2.3 Hazardous Materials. Shipper accepts all U.S. Department of  Transportation requirements governing hazardous materials. Among  other requirements, the Shipper must provide the Hazmat information  on the Bill of Lading, including the Shipper’s certificate containing  all required information such as emergency response number and  hazardous material information, and affix any required placards before  or at the time that the shipment is tendered. Failure to comply with  these requirements will relieve Company of any and all liability for  loss or damage directly or indirectly caused to or by the hazardous  materials. Any misdeclared hazardous materials may be warehoused  at the Shipper’s risk and expense, or destroyed without compensation.  Unless otherwise specified, quotes do not cover hazardous material  or cargo containing hazardous material as defined by the US DOT.  Shipments of hazardous materials will be subject to an additional  charge. Shipper shall be liable for all costs and expense, including but  not limited to clean-up, storage, and hourly rates of Company staff, for  incidents arising from leakage, release, or exposure from hazardous  materials.  

2.4 Overweight & Overdimensional Liability. Shipper shall provide  weight and measurement for all shipments. Advance written  notification by Shipper of overweight and overdimensional shipments  is required. Company may take whatever actions are necessary to  bring equipment into compliance. If the weight or measurements of  the goods as delivered are different from Shipper’s representations,  or if pick-up or delivery time or location is changed by Shipper,  Company will not be responsible for fines, permit fees, or penalties  assessed by any agency. Any fines or expenses resulting from  overweight shipments, in addition to any permit fees, will be included  in the invoice and charges to be paid for the shipment. Additionally,  Company’s rates, charges, and fees are subject to change and will be  included in the invoice and charges to be paid to Company. Shipper shall at all times have sole responsibility to ensure shipments comply  with the terms of the International Convention for the Safety of Life at  Sea (“SOLAS”), as applicable. 

2.5 Direct Discharge. Direct discharge is not included and rates do  not include additional charges related to direct discharge (dock  expense, wharfage, stevedore charges, terminal charges, etc.). Loads  transferred directly to/from ships, barges, or other marine vessels  (“direct discharge”) shall be subject to additional charges.  

2.6 Utility Assistance. Unless specifically indicated otherwise, costs for  utility assistance such as telephone, cable, power company, and DOT/ Municipal Signal Shops are not included. If required, these services will  be invoiced as additional to this quote, at cost plus an administrative  fee. 

2.7 Packing and Sealed Shipments. Company will not be responsible  for shortage on shipments which are banded, strapped, netted, shrink wrapped or otherwise secured to bins, pallets, platforms or skids.  Company will only be responsible for the number of bins, pallets,  platforms or skids on such shipments to the extent that such units  can be reasonably counted. Company will not be liable for damaged  goods not clearly marked fragile or glass. Company shall not be liable  for shortage or damage to sealed shipments. Shipper and the third party performing the packing, sealing, crating, and securement in the  crate or other packaging shall comply, at a minimum, with industry  standards applicable to same. Company will not be responsible for  packing, sealing, crating, or securing the goods within the crate or other  packaging. Company will not be liable for damages of any kind arising  from or related to improper packing, sealing, crating, or securement  of the goods within a crate or other packaging by Shipper or another  third-party. SHIPPER SHALL INDEMNIFY, DEFEND, AND HOLD  COMPANY HARMLESS AGAINST ANY AND ALL LOSSES, LIABILITIES,  CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER  (INCLUDING, BUT NOT LIMITED TO, ALL COSTS, EXPENSES, AND  ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATED TO THE  IMPROPER PACKING, SEALING, CRATING OR SECUREMENT OF THE  GOODS WITHIN A CRATE OR OTHER PACKAGING BY THE SHIPPER  OR A THIRD-PARTY. THIS INDEMNIFICATION, DEFENSE, AND HOLD  HARMLESS OBLIGATION SHALL APPLY WHETHER DUE TO THE SOLE  OR CONCURRENT FAULT OF SHIPPER OR A THIRD-PARTY.  

2.8 Crated Shipments Certification. Prior to the commencement  of any crated load, Shipper will execute and deliver to Company  a certification provided by Company that furnishes information  related to the contents and securement of crated cargo. Shipper  understands and agrees that Company reserves the right to reject any  crated shipment unless and until Shipper executes and delivers the  certification described in this Section. In the event Company does not  use or require such certification or in the event Company receives the  certification and loss or damage is caused by the improper packing,  sealing, crating, or securement of the goods within a crate or other  packaging, the Shipper and/or other third-party shall remain solely  liable for such loss or damage. Use or non-use of such certification  does not create any duty or liability on the part of Company with  regard to packing, sealing, crating or securement of the goods within  a crate or other packaging or damage arising therefrom. 

2.9 Salvage. If goods are rejected, including overage, Company will  have the right to sell or dispose such goods. This also applies to  property transported by Company which is damaged or alleged to  be damaged and is, as a consequence, not delivered or is rejected or  refused upon tender to the owner, Consignee, or person entitled to  receive such property. In any event, salvage value of the cargo shall be  deducted from claims for loss or damage to cargo. 


3.1 Company’s Limitation of Liability. Company’s rates are based on the  below described Release Value. Unless otherwise agreed in writing as  specifically set forth herein, all shipments are released to a maximum  value of $2 per pound, up to $100,000 per shipment (“Release Value”).  In no event shall liability be greater than the actual value of lost or  damaged articles less salvage. Company’s liability for cargo loss or  damage will not exceed $2 per pound, up to $100,000 per shipment  unless Shipper requests an increase in legal liability by a.) submitting  a written request for a higher Release Value before the shipment is  tendered to Company, b.) paying an additional charge based on the  increased Release Value, and c.) obtaining written confirmation of the  higher Release Value from the President or CEO of Company. DRIVERS  ARE NOT AUTHORIZED TO AGREE TO HIGHER RELEASE VALUE. 


3.3 Inadvertence Clause. If a Shipper declares a value exceeding $2  per pound, up to $100,000 per truckload on any bill of lading without  obtaining written approval from the President of Company, the  shipment will not be accepted, but if the shipment is inadvertently  accepted, the parties agree that these Terms and Conditions control  with respect to any conflicting language in any other agreement or  document and the shipment will be considered as being released to a  value of $2 per pound, up to $100,000 per shipment, and the shipment  will move subject to such limitation of liability.  

3.4 Commodity Limitations. Company does not hold out to transport  jewelry, manufactured tobacco products, ammunition, objects d’art,  currency, documents, or items of unusual value or rare metals. Unless  otherwise indicated herein or agreed to by contract signed by an  officer of Company (Drivers have no authority), Company does not  provide temperature-controlled service. 

3.5 Reasonable Dispatch and Special/Consequential Damages.  Notwithstanding the fact that an estimated delivery date may  be provided or that a specific date and time may be requested,  transportation services are not required to be performed by a  particular schedule or in time for a particular market, but the  responsibility for providing transportation services on a shipment is  solely with reasonable dispatch, as that term is defined at common  law. It is agreed that Company shall not be responsible for special or  consequential damages resulting from delayed delivery. 

3.6 No liability for SOLAS. In no event shall Company be liable for fines,  penalties, costs, expenses or other damages resulting from Shipper’s  failure to comply with the terms of SOLAS. 

3.7 Cargo Drop Liability. Shipper shall ensure that any cargo,  containers, chassis, or other equipment tendered to Shipper or the  delivery point and remaining at the Shipper’s facilities or the delivery  point after delivery (for unloading or loading) shall be secured and  handled in a manner to prevent theft, loss, or other damage. Company  will not be responsible for stolen, lost, or damaged cargo, containers,  chassis, or other equipment after such items have been delivered and  are not in the physical possession of Company; Shipper will be fully  liable for theft, loss and damage to all cargo, containers, chassis, and  other equipment after such items have been delivered. Shipper will  reimburse Company for any costs Company pays or incurs with regard  to theft, loss, or other damage to cargo, containers, chassis, or other  equipment occurring after Company delivers the shipment, including,  but not limited to property loss or damage and per diem. 

3.8 Liability for replacement services and other costs. With respect  to any damages arising from delayed or defective transportation of  the shipment (other than liability for loss or damage to cargo, which is  set forth herein) including, but not limited to, the cost of replacement  services, Company’s liability shall be limited to Company’s freight  charges for the shipment at issue. 

3.9 Liability of Company. COMPANY WILL NOT BE LIABLE TO THE  OWNER OF PROPERTY FOR LOSS OR DELAY CAUSED BY (1) an act of  default of the Shipper, owner or consignee; (2) any act of any third  party motor carrier; (3) any act of any affiliated or unaffiliated freight  broker; and (4) freezing or spoiling of any perishable goods or property  or for natural shrinkage.


4.1 Force Majeure; Conflict. Company shall not be liable for failure  to perform any obligation resulting from circumstances beyond its  control, including but not limited to any force majeure, mechanical  breakdown, act of God, riot, war, terrorist act, civil disturbance, fire,  explosion, flood, strike, lock-out, labor disturbance, or any other cause  outside of the reasonable control of Company.  

4.2 Advancing Charges. Company may advance for collection from  Shipper, owner or Consignee, lawful charges of connecting air, rail,  water, or motor carrier; storage and other lawful charges on property stored in public warehouse or other storage; dock, pier, wharf or  stevedore fees and charges, advance charges for rigging, crane service  and in bond or customer house charges; and other lawful charges that  may be associated with the transportation of the freight. Such charges  will be paid by Company and billed to the Shipper or Consignee at  actual cost plus administrative fees determined by Company. 

4.3 Bills of Lading. The terms and conditions of Company’s Bill of Lading  will apply notwithstanding the use by Shipper of any other bill of lading  or shipping document. DRIVERS ARE NOT AUTHORIZED TO BIND  COMPANY TO NON-CONFORMING BILLS OF LADING AND EXECUTE  BILLS OF LADING WITH ALTERNATIVE TERMS AND CONDITIONS AS  RECEIPTS FOR THE SHIPMENT ONLY. Consignee’s receipt and/or  signature of the Bill of Lading without notation of damages shall be  dispositive evidence that the cargo was delivered in good condition. 

4.4 Shipper Load and Count. All shipments shall be loaded by the  Shipper and unloaded by the Consignee. Inadvertent omission of an  SLC notation shall not result in a presumption of Company’s liability  for shortage or damage (in the absence of upset or accident) where  the driver was either not present or not allowed to observe the loading  and unloading. 

4.5 Invoices. As a convenience to Shipper, Company invoices may  be processed by an affiliated entity. Such administrative support in  issuing invoices shall not alter the affiliate’s role in connection with a  particular shipment, as the act of invoicing is a purely administrative  function performed independent of transportation services. In the  event of a loss, Shipper’s claim and any remedies shall be directed to,  and the sole responsibility of, the carrier performing transportation  services for the particular shipment at issue, to the extent of any claim  for loss, damage or delay. Delivery receipts and proofs of delivery will  be provided upon specific request in accordance with the provisions  of these Terms and Conditions.  

4.6 Collection and Payment of Charges. Payment will be due within 30  days of invoice. In consideration for transportation services performed  for the mutual benefit of the Shipper and Consignee under the Terms  and Conditions set out herein, both Shipper and Consignee shall  assume joint and several liability for all freight charges accrued with  regard to such transportation. In the event that freight bills are not  paid by either the Shipper or the Consignee, payment for such charges  may be sought from either party or both parties, regardless of contrary  notations on the Bill of Lading or contained in a contract with a broker  or freight forwarder. Nonrecourse provisions, prepaid designations,  collect designations, and related terms on bills of lading shall not be  given effect. 

4.7 Payment Without Offset. Shipper and/or Consignee shall pay all  freight charges when due without offset for any cause, including  but not limited to, cargo claims. All claims for loss or damage shall  be governed by these Terms and Conditions and neither Shipper  nor Consignee shall deprive Company of proper cargo insurance  adjustment by unilateral deduction of claims from payment of freight  charges due. In the event that Shipper or its agents “short pay” freight  charges or deduct charges from freight bills without Company’s  authorization to do so in writing, prior to the deduction, Shipper and  its agents waive their right to any contested cargo claim that is set-off  against freight charges. 

4.8 Interest and Fees on Past Due Accounts. Company will assess one  and one-half percent (1 1⁄2%) interest per month beginning on the  30th day after payment is due. In no event does Company seek greater  interest than allowed by applicable law, as it is the intent of Company  to comply with the maximum rate of interest laws. In the event  Company deems it necessary to retain the services of legal counsel  to collect any outstanding indebtedness, Shipper shall pay attorneys’ fees, collection service fees and court filings fees in the amount of  $500.00 or thirty-five percent (35%), whichever is greater. 

4.9 Lien for Freight Charges. Shipper hereby grants Company a lien on  the goods tendered to Company by Shipper or consignor (including  proceeds of such goods tendered to the Company), which shall  survive delivery, to secure payment of all charges owed by Shipper  to Company, including, but not limited to, freight, demurrage,  detention, damages, loss, charges, expenses, collection costs, and any  other sums (including costs, customs fees, attorney fees, and other  fees for recovery of the sums) chargeable to Company or Shipper  in connection with such goods or the transportation of such goods,  regardless of whether the charges relate to goods that are presently  in the possession of Company or goods that are not presently in  the possession of Company, including both prior and subsequent  shipments. Company shall have the right to sell the goods by public  auction or private sale in order to enforce the lien, upon giving the  notice required by the Iowa UCC then in effect at the time. If on  sale of the goods, the proceeds are insufficient to cover the amount  owed, Company shall be entitled to recover the balance from Shipper.  Shipper agrees that any sale by Company shall be commercially  reasonable, and Shipper waives all claims that a sale of goods is not  commercially reasonable. Shipper further agrees to execute any other  document necessary for Company to perfect its lien. 

4.10 Mexican Shipments. Company assumes no liability for cargo loss,  shortage, or damage to shipments while in the United Mexican States  (“Mexico”). Shippers are advised that liability for cargo loss in Mexico  differs from U.S. law (49 U.S.C. § 14706) and the special arrangements  with the Mexican carrier participating in any trans-border movement  is not Company’s responsibility. Clear bills of lading showing safe and  damage-free delivery between the U.S./Mexican borders at the pickup  or delivery points in the U.S. will be evidence of Company’s proper  discharge of its cargo responsibility. In the event it is determined  that Company is liable for loss, damage or delay occurring in Mexico,  Company’s maximum liability will be the rate affixed under the laws of  Mexico for domestic shipments within that country. 

4.11 Claims Processing. Claims for loss, damage, or delay to cargo  shall be filed in accordance with 49 C.F.R. § 370 and Company’s Bill  of Lading. All cargo claims are waived if not filed within 9 months of  the date of delivery or expected delivery. Written notice of any patent  damage to cargo shall be provided to Company immediately, and  not later than 3 days after delivery. Written notice of latent damage  shall be provided to Company upon discovery, and, in any event, not  later than 15 days after delivery. Any suit to recover loss or damage to  cargo must be filed no later than 2 years after the claim is denied. Any  other claims must be filed within 2 years of the event giving rise to the  claim, or else such claims are waived. Shipper shall notify Company  of all known material details within 91 days of receiving notice of any  claims other than cargo loss or damage claims, or else such claims  are waived, and shall update Company promptly thereafter as more  information becomes available. 

4.12 Disposition of Contested Cargo Claims. Unless the parties agree  to voluntary alternative dispute resolution, disputed claims will be  subject to 49 U.S.C. §14706 (the Carmack Amendment) subject to any  applicable released evaluation. Claimant waives any right to set-off  or offset of contested and unliquidated cargo claims against freight  charges otherwise due to Company as a precondition of service.  Claimants agree to forfeiture of any contested claim asserted by it as  a set-off after notice and demand for freight charges. 

4.13 Venue and Jurisdiction. This agreement shall be construed to have  been entered in Polk County, Iowa, and performable in Polk County,  Iowa. Company is based out of Iowa, from where it communicates,  performs services and invoices are sent. All payments are to be made  in Iowa and all parties consent to the jurisdiction of Iowa and to venue  in Polk County, Iowa. It is expressly acknowledged and agreed that any  suit arising from the payment or collection of freight charges shall be  filed in the appropriate state or federal court in Harris County, Texas. 

4.14 No Responsibility for Governmental Requirements. It is Shipper’s  responsibility to know and comply with all the classification, valuation,  marking and other Custom’s requirements, laws, regulations and  ruling enforced by the U.S. and any country having jurisdiction over  a shipment, the laws and regulations of any applicable governmental  agency, including but not limited to the U.S. Food and Drug  

Administration, and all other requirements, laws and regulations of  any applicable country or governmental agency. Company will not be  responsible for action taken or fines, liquidated damages or penalties  assessed by any governmental agency against the shipment because  of the failure of Shipper to comply with any such laws, rulings,  requirements or regulations of any country or governmental agency  or with notification issued to Shipper by any such agency.  

4.15 Waiver. To the extent that terms and conditions herein are  inconsistent with the Carmack Amendment, 49 U.S.C. 14706 or Part (b),  Subtitle IV, of Title 49 U.S.C. (ICC Termination Act of 1995), the parties  expressly waive such rights and remedies that they may have under  such laws. 

4.16 Entire Agreement. These terms and conditions and Company’s  Bill of Lading constitute the entire contract between Company and  Shipper and only the President or CEO of Company has authority to  alter, modify or waive any provision herein, excepting that the rate  stated may be modified by Company to conform to the services  Company provides. 

rev 7/2020