1. APPLICABILITY. Unless superseded by a written contract signed by Griffin Transportation LLC. (“CARRIER”) and the shipper, consignor, consignee, or any other entity claiming an interest in goods for which CARRIER provides transportation or otherwise arranging with CARRIER to provide such transportation (including any property broker) (“CUSTOMER”) these Terms and Conditions shall govern service provided by CARRIER in the United States.
2. CARRIER’S SERVICES.
CARRIER represents and warrants that it is duly and legally qualified to
provide the transportation services contemplated herein. CARRIER agrees to
comply with all applicable federal, state and local laws regarding the
provision of such services. CARRIER will perform transportation with reasonable
dispatch, but is not responsible for compliance with any specific shipping
schedule or appointment times.
3. PAYMENT AND CHARGES.
CARRIER will charge and CUSTOMER will pay the rates and charges set forth in
the Griffin Transportation Standard Tariff unless the parties enter into a
signed Rate Confirmation Agreement, in which case, the rate set forth therein
will govern. CUSTOMER agrees to pay CARRIER within thirty (30) days of
receiving the invoice, with interest accruing monthly at a rate of one percent
(1%) per month on any unpaid balance. CUSTOMER shall also be liable for any
expenses, including attorney fees, CARRIER incurs in collecting its rates and
charges. In the event of failure to pay freight charges as due, CARRIER shall
be entitled to a general lien on any cargo in the possession of CARRIER which
is tendered or owned by CUSTOMER regardless of whether such freight charges
apply to the cargo in the possession of CARRIER.
4. ACCESSORIAL CHARGES
AND FUEL SURCHARGE. CARRIER reserves the right to impose, and CUSTOMER
agrees to pay, reasonable accessorial charges including charges for detention,
loading and unloading, multiple stop offs, equipment ordered and not used, etc.
In addition, CUSTOMER shall be responsible for payment of a fuel surcharge in
accordance with CARRIER’s fuel surcharge available at www.griffintrans.org.
5. LIMITATION OF
LIABILITY. IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER THE PARTY TO BE CHARGED HAD NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES.
6. CARRIER INSURANCE.
CARRIER shall comply with all insurance requirements imposed upon it by law.
7. CARGO LOSS, DAMAGE,
OR SHORTAGE; AIR SHIPMENTS. With respect to shipments having a prior or
subsequent movement by air, CARRIER’s sole liability shall be for loss, damage,
shortage or delay to the extent caused by CARRIER’s negligence.
8. CARGO LOSS, DAMAGE,
OR SHORTAGE; ALL-GROUND TRANSPORTATION. CARRIER’s liability for loss,
damage, shortage or delay with respect to any cargo not subject to the
preceding section shall be as a “carrier” pursuant to the Carmack Amendment as
currently codified at 49 U.S.C. § 14706 and as amended from time to time.
9. LIMITATION AND
DECLARED VALUE. Except as other set forth in this section, CARRIER’s
liability with respect to damages to cargo caused by loss, damage, shortage or
delay claims will be limited to $.50 per pound per package subject to a maximum
limitation of $50.00 per shipment. If CUSTOMER wishes to declare a higher value
of liability with respect to any shipment subject to this Agreement, CUSTOMER
must make such request to CARRIER in writing at least seventy-two (72) hours
prior to the scheduled pick-up. If such request is accepted by CARRIER in a
signed writing, and CUSTOMER pays additional freight charges applicable
thereto, then CARRIER will be liable for the full value declared by CUSTOMER.
The declared value charge shall be ninety cents ($0.90) for each additional one
hundred dollars ($100.00) value or portion thereof, up to a maximum carrier
liability of twenty-five-thousand dollars ($25,000.00) per shipment. CUSTOMER
will not tender to CARRIER any shipment with a declared value in excess of
twenty-five-thousand dollars ($25,000.00). If CUSTOMER breaches this provision
and CARRIER inadvertently accepts any such shipment, CARRIER’s liability will
remain capped at twenty-five-thousand dollars ($25,000.00). The provisions of
this section notwithstanding, in no event will CARRIER’s liability exceed the
lesser of the cost to repair or replace the goods in question. CARRIER will not
be liable for cargo loss, damage or delay occurring or arising in Mexico and if
it is unclear whether such a claim arose in Mexico there will be a rebuttable
presumption that loss, damage or delay arose in Mexico unless rebutted by
Shipper by clear and convincing evidence.
10. CLAIM FILING.
Claims for cargo loss, damage, shortage or delay must be filed with CARRIER no
later than nine (9) months from the date of delivery or, if none, the date the
cargo should have been delivered. Any lawsuit arising from or related to any
such claim must be commenced within two (2) years of the date of CARRIER’s
denial.
11. SHIPPING DOCUMENTS.
Unless otherwise agreed in writing, all shipments tendered shall be accepted on
a bill of lading. The bill of lading shall act as a receipt for cargo only and
the terms and conditions thereon, if any, will not apply to services provided
thereunder.
12. FORCE MAJEURE.
CARRIER shall not be liable for any delay in the performance of obligations
hereunder if performance by CARRIER is affected or prohibited by any cause
beyond CARRIER’s reasonable control, including without limitation, fire, labor
strife, riot, war, weather conditions, acts of the public enemy, acts of God,
acts of terrorism, local or national disruptions to transportation networks or
operations, material equipment repairs, fuel shortages, governmental
regulations, or governmental request as requisition for national defense, or
requests of governmental officials.
13. DISPUTE RESOLUTION.
These Terms and Conditions shall be deemed to have been drawn in accordance
with the statutes and laws of the state of OHIO and in the event of any
disagreement or dispute, the laws of OHIO shall apply and suit must be brought
in OHIO as each party specifically submits to the exclusive personal
jurisdiction of such courts for disputes involving or arising from services
provided pursuant to these Terms and Conditions.
