- As a condition precedent to the filing of any claim all charges applicable to the shipment must be paid in full. If smith-cargo transportation services, llc has not received full payment for all services rendered at the time a claim is filed, the claim will be deemed denied and will not be paid.
- As a condition precedent to recovery all claims must be filed in writing with Smith-cargo transportation services, llc within 30 days after the delivery of shipment in this bill of landing.
- Smith-cargo transportation services, llc shall not be liable for delay or loss of or damage to the shipment described in the bill of lading when the delay, loss or damage is caused by an act of god, a public enemy, the authority of law or omission of a person or entity other than smith-cargo transportation services, llc
- Smith-cargo Transportation Services, llc shall have a lien on the goods of this shipment for any of its charges including charges for previous shipments transported or services performed by smith-cargo transportation services, llc
- Even in the event shipper and/or consignee requests c.t.s. inc. to bill a third party for charges and services hereunder the shipper and consignee shall each be absolutely responsible and liable to Smith-cargo Transportation Services, llc for all charges, expenses and fees, including attorney's fees, under this bill of lading.
- Smith-cargo Transportation Services, llc will invoice any broker or intermediary who dispatches a load on behalf of the shipper and or receiver however it reserves its rights to revert back to the liable party on the bill of lading and or receipt due to a default and after 30 days thereafter, if the payment is not received, item 5 rule applies.
- if Smith-cargo Transportation Services, llc does not receive full payment of the charges pursuant to this bill of lading within a period not to exceed 30 days from the date invoice is presented, whichever is later, Smith-cargo Transportation Services, llc shall assess a late payment charge equal to 1.5% of the unpaid amount of the invoice for each 30 days or fraction thereof until full payment is made. Customer forfeits all discounts, prefered pricing and / or any other special pricing.
- should any dispute or claim arise between the parties as a consequence of this bill of lading and an attorney is engaged to litigate, arbitrate or otherwise resolve the dispute, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
- Smith-cargo transportation Services, llc and all of its affiliates and subsidiaries expressly reserve the right at any time to broker out our customers freight. In the instance we take this action the cargo insurance coverage will not exceed $100,000. Only by informing us in writing 24 hours prior to the ship date of the excess coverage will we seek an alternative carrier with the proper coverage. at all times Smith-cargo Transportation Services, llc and its affiliates and subsidiaries are only bound to the decision of the carriers insurance and as a broker we assume no risk in the transaction.
- it is mutually understood that in consideration of the rate charged, Smith-cargo Transportation Services, llc shall not be liable for loss of or damage to any one shipment in the amount exceeding $2.30 per pound. Claims for loss or damage must be made within 30 days of delivery. any claim not made within the time limit specified is deemed waived. smith-cargo transportation services, llc shall not be responsible for contents of packages opened for customs examination
CURRENCY AND PAYMENT OF CHARGES:
all rates, charges or other amounts published in this tariff are stated in u.s. currency and all charges are payable in u.s. currency.
carrier shall submit an invoice to the specified party in accordance with the terms on the original bill of lading. payment terms extended are "net 30 days" on all invoices. failure to remit payment within terms may result in all future transportation charges to be collected at the time shipments are picked up or delivered (in accordance with the original bill of lading terms).
Freight invoices not paid within 30 days are subject to forfeiture of discounts and/or quoted rates and will be rated at full class based on the current tariff in effect and actual class. invoices will also be subject to a service charge and 1 and 1/2 per month.
in the event carrier deems it necessary to retain the services of legal counsel and/or a collection agency to collect any outstanding indebtedness, responsible paying party (shipper/consignee/broker) shall pay attorneys' fees in the amount of $300.00 or 25% whichever is greater.
THIRD PARTY BILLING:
Carrier does not employ property brokers or other intermediaries as its agents for the solicitation of shipments or the collection of freight charges. carriers will invoice the shipper's broker, bank or other agent for freight charges. carrier reserves the right to bill and collect freight charges from the shipper on prepaid shipments or the consignee on collect shipments in the event full payment charges is not received pursuant to the third party billing.
A shipment in which charges are to be paid by a party other than the consignor or consignee will be accepted provided recourse to the consignor is preserved with the carrier picking the shipment up at origin. the consignor and consignee guarantee to pay the charges if the third party fails to do so in the time allotted under the applicable credit regulations. any such shipment will not be accepted if the consignor executes a nonrecourse provision of the bill of lading.