The entire agreement between Modern Era Transport Corp. (“Broker”) and the enrolled customer, shipper, and/or consignee, as the case may be (“Customer”) consists of the terms on any quote prepared by the Broker for Customer, (ii) these Terms and Conditions of Transportation Services, and (iii) any additional terms and conditions proposed by the Broker in writing and signed by Customer (collectively, the “Agreement”). When the Customer accepts the Agreement, either by acknowledgment or performance by the Broker, the Agreement becomes legally binding. These Transportation Services Terms and Conditions shall apply to all shipments arranged by Customer and may be changed by Broker at any time in its sole discretion. Customer’s suggested terms and conditions that are in addition to or in conflict with the terms.
- Transportation Documents – Each shipment under this Agreement is evidenced by one or more transportation documents, which may include, but are not limited to, bills of lading, air waybills, ocean bills of lading, warehouse receipts manifests, or any other documents purporting to control the custody and/or movement of the goods (collectively, the “Transportation Document”), indicating the kind, quantity, and condition of the goods received and delivered by the Broker or its subcontractors at the load. If any term or condition of this Agreement, the Transportation Document, or the carrier’s General Rules Tariff conflict, the carrier’s General Rules Tariffs shall take precedence and control, followed by the Transportation Document, and finally this Agreement – in the order of priority.
- Customer Warranties – Customer covenants, represents, and warrants, as applicable, that (i) Customer is the legally documented owner of all goods tendered to the Broker, and/or is authorized to cause such goods to be stored and otherwise controlled by the Broker as provided in the applicable Transportation Document; (ii) Customer will comply with all applicable laws, rules, and regulations, including, but not limited to, customs laws, import and export laws, dangerous and hazardous materials laws/rules/regulations; (iii) Customer will provide complete, accurate, and timely information for each shipment; (iv) Customer will furnish such information and complete and attach to the applicable Transportation Document such documents as are necessary to legally complete the shipment; (v) all items too be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (vi) Customer will make every effort to comply with all applicable laws and regulations; (vii) Customer will make every effort to comply with all applicable laws and regulations; and (vii) Customer’s authorized representative(s) must be identified to the Broker’s agent or coordinator and must be present at all times at the place of origination to sign, and must sign, any documentation proving that the Broker’s pick-up of the product to be transported.
The Broker will not be liable to the Customer or anyone else for any damage or expenditure incurred as a result of the Customer’s failure to comply with this condition. Any individual or entity booking shipments on behalf of the Customer certifies that he/she/it has the authority to act on behalf of the Customer and to legally bind it. Customer understands and agrees that, unless otherwise expressly agreed to by the Broker in the Agreement, the Broker shall not acquire title to or assume risk or loss for any of the goods on behalf of the Customer, and shall not, in the course of providing services following the Agreement, acquire title to or assume risk of loss for, or be deemed to have acquired title to or assumed risk of loss for, or be deemed to have acquired title to or assumed risk of loss, or be deemed to have acquired to or assumed risk of loss for them. The Customer indemnifies, defends, and holds the Broker harmless from any liability, loss, damage, cost, expense, including attorneys’ fees, claim, or penalty arising from the Broker acting in accordance with the Customer’s instructions, or from the negligence, or willful misconduct of Customer or its employees or agents.