Pursuant to this Agreement, OlivAire, LLC("OlivAire"), a licensed property
broker, undertakes to arrange for the interstate transportation of shipment(s)
identified hereof from the named origin to the named destination. The linehaul
transportation will be furnished by a licensed motor carrier and the consignor,
consignee, and beneficial owners of the subject shipment(s). This agreement
incorporates by reference OlivAire's rates and service conditions and sets
forth the full and complete duties and obligations of OlivAire with respect
to the consignor, consignee, and beneficial owners of the subject shipment(s).
OlivAire will undertake to deliver the lading herein described under reasonable
dispatch utilizing the next available equipment and shall attempt to effectuate
delivery pursuant to schedules and transit times as otherwise set forth in
OlivAire's holding out. OlivAire does not guarantee that delivery will be effectuated
to meet any particular market, dispatch, exhibition, or sailing. OlivAire
does not accept liability for special or consequential damages for delays
in delivery. The parties agree that in any event, OlivAire's maximum liability
for delay shall be an amount equal to the freight charges incurred.
Subject to the limitations set forth herein and a provided by applicable
law OlivAire agrees to pay for loss or physical damage to the described shipment(s)
which may be caused by its negligent or willful conduct. Where shipments have
declared values, OlivAire's liability for shortage or damage shall be prorated
by weight when part of a shipment is lost or damaged. Otherwise, OlivAire's
liability shall be determined by multiplying the weight of the lost or damaged
article by fifty cents ($.50) per pound. All claims shall be filed within nine
(9) months of pick-up or shall be barred. The parties agree that claims will
be present and adjusted in accordance with guidelines established by the
Federal Motor Carrier Safety Administration("FMCSA") and successor agencies
and set forth at 49 C.F.R. 1005. FMCSA Rulings 65 and 128 shall apply. Unless
otherwise agreed to in writing, the maximum liability for shortage or physical
damage shall be ($.50) per pound. If the declared value of the shipment exceeds
fifty cents per pound an insure surcharge of sixty cents per One Hundred Dollars
or portion thereof, excess value shall be assessed. Neither OlivAire nor the
carrier(s) retained by it shall be liable for damages in excess of Fifty Thousand
Dollars per shipment, regardless of the value declared. Shipper understands
and agrees that the rates do not include insurance or other compensation for
loss, other than as expressly provided herein and limited hereby. Accordingly,
shipper agrees that in the event it desires coverage for loss, it will obtain
insurance, and that said insurance will contain a waiver of subrogation clause
waiving any subrogation rights for and on behalf of such insurance carrier.
In the event shipper fails to obtain a waiver of subrogation, shipper will
defend, indemnify and hold harmless OlivAire and any carrier retained by it
with respect to claims made by shipper or third parties acting as subrogees
of shipper. OlivAire shall not be labile for damage caused by force majeure,
Act of God, or the inherent vice of the shipment. Temperature controlled service
is not provided
For and in consideration of the transportation services to be provided,
shipper agrees to pay OlivAire the applicable freight charges as set forth
in its written rate circulars and written rate render unless otherwise herein
specified. Pursuant to Section 7 of the uniform bill of lading incorporated
herein by reference, both shipper and consignee, by signing this document,
acknowledge joint and several liability for the freight charges. OlivAire
does not employ brokers or intermediaries to collect freight charges. Payment
of freight charges to any entity other than OlivAire will not discharge the
payment obligation of the consignor, consignee or beneficial owner of the
shipment herein described.
All freight charges shall be payable upon receipt of invoice. Charges not
paid within thirty days of invoice date shall be subject to interest at the
rate of one and one-half percent per month plus collection fees (including
attorneys fees) up to twenty-five percent of Two Hundred Dollars whichever
is greater. The parties agree that this contract shall be governed and construed
in accordance with the laws of the State of Indiana, without regard to District
Court, Southern District of Indiana or the Superior, Circuit or Small Claims
Court of Marion County Indiana, and the parties hereto consent to the exclusive
and binding jurisdiction of said court. OlivAire reserves the right to demand
payment of all outstanding and past due freight charges as precondition for
releasing this shipment(s) at destination. This right included the right to
demand payment upon delivery of this shipment(s) at any time.
Shipper warrants that the shipment(s) identified is properly packaged to
withstand the rigors of transportation, will not contaminate other lading with
which it may be co-loaded and contains no toxic or controlled substances or
hazardous materials subject to U.S. D.O.T regulation. Shipper agrees to defence,
indemnify and hold OlivAire's harmless from any claims resulting from the
breach of such warranty.
All shipments may, at OlivAire's option, be opened and inspected.
