Freight Contract Specifies terms for shipping goods, including shipping methods, costs, and delivery schedules.
1.1. Transportation and Delivery
Carrier shall provide freight transportation and delivery services (the "Services") for 100 crates of electric components (the "Goods") for Shipper from the origin address provided by Shipper to the destination address provided by Shipper, in accordance with the terms and conditions of this Agreement.
1.2. Performance of Services
Carrier shall perform the Services in a timely, diligent, and professional manner, consistent with industry standards, using transportation equipment and personnel suitable for the transportation of the Goods.
2.1. Origin and Destination
Shipping shall be from the origin address provided by Shipper, and shall be delivered to the destination address provided by Shipper. Carrier shall be responsible for keeping Shipper informed of any issues or delays relating to the pick-up or delivery of the Goods.
2.2. Shipping Instructions
Shipper shall provide Carrier with all necessary shipping instructions, including any special handling instructions, required documentation, invoices, shipping labels, packing lists, bills of lading, export declarations, and customs forms, as applicable. Carrier shall follow all shipping instructions provided by Shipper. Any failure by Carrier to follow such instructions may result in additional costs and damages for which Carrier shall be responsible.
2.3. Delivery Schedule and Timeframe
The Goods shall be picked up by Carrier on or before the agreed pick-up date as specified by Shipper, and shall be delivered by Carrier to the designated destination no later than the agreed delivery date. Time is of the essence for the performance of the Services, and any failure by Carrier to comply with the agreed delivery schedule may result in damages to Shipper, for which Carrier shall be held responsible.
3.1. Freight Rates
Carrier shall charge and Shipper shall pay to Carrier the freight rates for the Services as mutually agreed upon by the Parties. The agreed freight rate shall be inclusive of all applicable taxes, duties, charges, and surcharges, including, but not limited to, fuel surcharges, accessorial charges, and customs fees; provided, however, that any increases in such taxes, duties, charges, and surcharges, or the introduction of new taxes, duties, charges or surcharges after the date of this Agreement, shall be the responsibility of Shipper.
3.2. Payment Terms
Carrier shall invoice Shipper for the Services upon completion of each shipment. Shipper shall pay all amounts due on each invoice within 30 days of receipt. Shipper shall have the right to dispute any invoiced charges within 30 days of receipt of the invoice, and any undisputed amounts shall be paid in accordance with the terms of this Agreement.
4.1. Carrier's Liability
Carrier's liability for loss, damage, delay, or any other claim arising from the Services shall be limited to the lesser of the actual value of the Goods or the amount provided under the Carmack Amendment, 49 U.S.C. § 14706, whichever is lower. Carrier shall not be liable for any special, incidental, consequential, punitive, or exemplary damages. Shipper shall have the responsibility to provide documentation sufficient to establish the actual value of the Goods.
4.2. Filing and Processing Claims
Shipper must file any claims for loss, damage, delay, or any other claim arising from the Services within nine (9) months from the date of delivery or the date on which delivery should have been completed. Carrier shall process any claims filed by Shipper in accordance with 49 C.F.R. Part 370 and shall notify Shipper of the disposition of any claim within 120 days of receipt. Failure of Shipper to file a claim within the time limits specified herein shall result in the forfeiture of any right to recover damages.
5.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and applicable federal transportation statutes and regulations.
5.2. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall, at the option of either Party, be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
6.1. Termination for Convenience
Either Party may terminate this Agreement for any reason upon written notice to the other Party. In the event of such termination, Shipper shall pay Carrier for any Services performed prior to the effective date of termination.
7.1. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral, relating thereto.
7.2. Amendments
This Agreement may be amended only by written agreement of the Parties.
7.3. Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
HOMENICK MANUFACTURING COMPANY
By: ___________________________
Name:
Title:
FAST FREIGHT SERVICES INC
By: ___________________________
Name:
Title:
In this Freight Contract, you will see the following sections:
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