Terms & Conditions of Services

·     The term “Shipper” shall mean the company sending the goods or freight. Shipper is the party who consigns the freight for transportation hereunder. For purposes of defining the obligations, limitations and restrictions hereunder, such definition shall include Shipper’s agents, forwarders, brokers and other representatives. It is the responsibility of all such parties to provide notice and copies of these Terms and Conditions to each other.

·     The term “Consignee” shall mean the person or party to whom the freight is to be delivered hereunder.

·     The term “TTI” referenced in these Terms and Conditions refers of The Transporter, Inc., as applicable to the particular shipment and the particular authority under which services are being performed. The Transporter, Inc. performs services by transporting cargo on equipment owned or leased to The Transporter, Inc. under MC-218060. Otherwise, when cargo is transported by an unaffiliated motor carrier, broker services are provided by TTI Logistics, L.L.C. under MC-717851 and subject to The Transporter, Inc.’s Terms & Conditions.

·     Shipper and its agents consent to the use of TTI’s affiliated brokerage entity, TTI Logistics, LLC, to broker loads that TTI does not perform using their own equipment. Shipper and its agents expressly agree that they will not attempt to hold TTI Logistics, LLC liable in the capacity of a motor carrier. Shipper’s insertion of TTI or TTI Logistics, LLC (for a brokered load) as the carrier on a bill of lading or other document shall be for Shipper’s convenience only and shall not affect the status of the actual motor carrier transporting the property or brokerage entity arranging for transportation.

·     Shipper and is agents further agree they will not attempt to hold TTI liable in the capacity of a broker, nor to attempt to make any claim against TTI in connection with transportation services performed by any other motor carrier. The carrier actually transporting the freight at issue (“Carrier”) shall be the sole party responsible in the capacity of a motor carrier. Shipper and its agents agree TTI does not engage in warehousing, and Shipper and its agents agree they will not attempt to hold the aforementioned entities liable for warehousing services provided by TTI, if any.

·     TTI and TTI Logistics, LLC. Texas limited liability companies, each of which (i) is solely responsible for its own debts and obligations, (ii) is not responsible for the debts and obligations of any other entity unless expressly agreed in writing, and (iii) is separate and distinct from, and not to be confused with, any other entity bearing a similar name or logo.

·     In the event of any discrepancy or conflict between these Terms and Conditions and those of any customer or Shipper, these Terms and Conditions shall control, unless changes have been made by obtaining prior written approval in advance by the President of TTI.

·     I. PRICING TERMS

·     1.1 General

·     Quotes are based on information provided by the customer. Price is based on one driver per truck and dock-to-dock delivery. Unless otherwise specified, price includes 60 minutes of free time on each end of loading/unloading for tractor service, and 45 minutes of free time on each end for loading/unloading LTL (straight truck) service. Detention is calculated in ¼ hour increments. Detention rate depends on the tractor/trailer combination used. Unless indicated above, the price excludes the value, weight and dimension of the property described. Any changes to the actual dimension, description or weight of the load will result in revisions to the quoted price. For oversize/overweight loads the price includes all required permits and escorts as required based solely on the description provided at the time of issuing the quote. Additional charges apply for weekend and priority service. All quotes are based on availability at the time the order is received. In order for a previously quoted rate to be valid, Shipper must refer to the quote number at the time of booking. Quoted rates are valid for 30 days, subject to fluctuations in fuel price and the other variables listed herein. The right is reserved to adjust quote at any time, without notice, to account for changes in fuel price. Unless expressly indicated in writing, intermodal quotes exclude chassis rental charges in those cases where steamship lines do not provide the chassis at their cost.

·     1.2 Intermodal Shipments

·     TTI does participate in the Uniform Intermodal Interchange Agreement (UIIA). All trailer use and per diem charges incurred will be assessed to Shipper and include an additional administration fee. TTI is not responsible for trailer use, per diem, claims, theft or loss value for equipment dropped at Shipper’s facilities. Use of steamship line or third party equipment (chassis, containers, flat racks, ISO tanks, etc.) shall be subject to the steamship line or third party’s equipment interchange agreement, including allowances for free time, per diem charges, and Maintenance and Repair (M&R) charges. Shipper shall be responsible for all per diem charges and M&R charges that are incurred through no fault of TTI. Customer will be billed for all such charges plus an additional administrative charge, and customer shall pay all valid charges without delay or protest.

·     1.3 Chassis Splits

·     When container chassis is not located at the same location as the container to be transported, chassis split charges may be assessed.

·     1.4 Dunnage, Stripping and Packing

·     Rates do not include the cost of any Shipper mandated materials for temporary blocking, bracing, stripping, saddles, dunnage or supports, including pipe racks and stakes, required to protect the freight and make it secure for transportation. At the request of the Shipper, such materials will be furnished at an additional charge.

·     1.5 Tarpaulins or Covers

·     Rates do not include tarps or other covers. When TTI is required by law, or when requested by Shipper or Consignee, to cover a load with tarps or other types of covering, additional charges will be assessed.

·     1.6 Stop-Offs

·     Stop-off charges may be assessed when TTI is required to pick up from multiple origins or deliver to multiple destination locations.

·     1.7 Attempted Pickup

·     When TTI is requested to dispatch a vehicle to a point designated by the Shipper, and such vehicle is furnished but not used, due to no fault of TII, an attempted pickup charge and fuel surcharge will be assessed.

·     1.8 Attempted Delivery

·     If, through no fault of TTI, a shipment is rejected wholly or in part by Consignee, Shipper shall be responsible for all freight charges as though the shipment had been accepted by Consignee. In addition, the rejected shipment will be returned to the point of origin or other location designated by Shipper. The return of the rejected shipment shall be treated as a new shipment, and Shipper shall be responsible for all freight charges. If Shipper subsequently requests TTI to re-deliver the shipment, the re-delivery shall also be treated as a new shipment and rated accordingly.

·     1.9 Weighing

·     TTI reserves the right to weigh any shipment for the purpose of verifying weight for revenue billing and for conformance with federal, state or municipal law regarding maximum weight. When a vehicle is weighed, either empty or loaded, at the request of the Shipper or Consignee, a weigh charge will be assessed for each time the vehicle is weighed.

·     II. OUT OF GAUGE, HAZMAT AND OTHER SPECIAL LOADS

·     2.1 Laws

·     Laws and regulations are subject to change and may affect quote. All permit costs along with time to obtain permits could change and if so will be communicated at time of order. There is no guaranty as to how long it may take for a permit authority to issue a permit, and TTI is not responsible for any costs associated with delays in transit due to permit office delays or any other governmental intervention.

·     2.2 Distance Computations

·     When shipments move under special permits required by and obtained from a state, municipal, or other governmental agency that specifies the route to be traveled by the motor vehicle, the mileage to be used for rate calculations shall be the mileage traveled via the route specified in the permits. A change in dimensions may change the route and rate.

·     2.3 Hazardous Materials Provision

·     Shipper accepts all U.S. Department of Transportation requirements governing hazardous materials. Among other requirements, the Shipper must provide a legible bill of lading with proper Hazmat information, including the Shipper’s certificate containing all required information such as emergency response number and hazardous material information, and affix any required placards before or at the time that the shipment is tendered. Failure to comply with these requirements will relieve TTI of any and all liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any mis-declared hazardous materials may be warehoused at the Shipper’s risk and expense, or destroyed without compensation. Unless otherwise specified, quotes do not cover hazardous material or cargo containing hazardous material as defined by the US DOT. Shipments of hazardous materials will be subject to an additional charge.

·     2.4 Overweight Liability

·     Advance written notification by Shipper of overweight shipments is required. TTI may take whatever actions are necessary to bring equipment into compliance. Any fines or expenses resulting from overweight shipments, in addition to any permit fees, will be included in the invoice and charges to be paid for the shipment.

·     2.5 Direct Discharge

·     Direct discharge is not included and rates do not include additional charges related to direct discharge (dock expense, wharfage, stevedore charges, terminal charges, etc.). Loads transferred directly to/from ships, barges, or other marine vessels (“direct discharge”) shall be subject to additional charges.

·     2.6 Utility Assistance

·     Unless specifically indicated otherwise, costs for utility assistance such as telephone, cable, power company, and DOT/Municipal Signal Shops are not included. If required, these services will be invoiced as additional to this quote, at cost plus an administrative fee.

·     III. LIMITATIONS OF LIABILITY

·     3.1 TTI’S Limitation of Liability

·     Unless otherwise agreed in writing as specifically set forth herein, all shipments are released to a maximum value of $2.50 per pound for the actual weight of the damaged or lost portion of the shipment, subject to a maximum liability of $100,000 per shipment (“Release Value”). In no event shall liability be greater than the actual value of lost or damaged articles less salvage. TTI’s liability for cargo loss or damage will not exceed $2.50 per pound or $100,000 per shipment unless Shipper requests an increase in legal liability by a.) Submitting a written request for a high Release Value before the shipment is tendered to TTI, b.) Paying an additional charge based on the increased Release Value, and c.) Obtaining written confirmation of the higher Release Value from the President of TTI. DRIVERS ARE NOT AUTHORIZED TO AGREE TO HIGHER RELEASE VALUE. Shipper may obtain rates for shipments with a higher release vale than those indicated above from TTI by calling 713-675-0131. TTI IS NOT RESPONSIBLE FOR HIDDEN OR CONCEALED DAMAGE.

·     3.2 Inadvertence Clause.

·     If a Shipper declares a value exceeding $2.50 per pound or $100,000 per truckload on any bill of lading without obtaining written approval from the President of TTI, the shipment will not be accepted, but if the shipment is inadvertently accepted, the parties agree that these Terms and Conditions control with respect to any conflicting language in any other agreement or document and the shipment will be considered as being released to a value of $2.50 per pound for the actual weight of the damaged or lost portion of the shipment, subject to a maximum liability of 100,000 per shipment, and the shipment will move subject to such limitation of liability.

·     3.3 Commodity Limitations

·     TTI does not hold out to transport jewelry, manufactured Tabaco products, ammunition, objects d’art, currency, documents, pharmaceutical or items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract signed by an officer of TTI (drivers have no authority), TTI does not provide temperature-controlled service.

·     3.4 Reasonable Dispatch and Special/Consequential Damages

·     Notwithstanding the fact that an estimated delivery date may be provided or that a specific date and time may be requested, transportation services are not required to be performed by a particular schedule or in time for a particular market, but the responsibility for providing transportation services on a shipment is solely with reasonable dispatch, as that term is defined at common law. It is agreed that TTI shall not be responsible for special or consequential damages resulting from delayed delivery.

·     3.5 No Liability for Consequential Damages

·     IN NO EVENT SHALL TTI BE LIABLE FOR INIDENTAL OR CONSEQUENTIAL DAMAGES, including but not limited to, lost income.

·     IV. GENERAL

·     4.1 Force Majeure; Conflict

·     TTI shall not be liable for failure to perform any obligation resulting from circumstances beyond its control, including but not limited to any force majeure, act of God, riot, war, terrorist act, civil disturbance, fire, explosion, flood, strike, lock-out, labor disturbance, or any other cause outside of the reasonable control of TTI.

·     4.2 Advancing Charges

·     TTI may advance for collection from Shipper, owner or Consignee, lawful charges of connection air, rail, water, or motor carrier; storage and other lawful charges on property stored in public warehouse or other storage, dock, pier, wharf or stevedore fees and charges, advance charges for rigging, crane service and in-bond or customer house charges; and other lawful charges that may be associated with the transportation of the freight. Such charges will be paid by TTI and billed to the Shipper or consignee at actual cost plus administrative fees determined by TTI.

·     4.3 Shipper Load and Count

·     All shipments shall be loaded by the Shipper and unloaded by the Consignee. TTI’s drivers are instructed to sign bills of lading as Shipper load and count or “SLC”. An advertent omission of this notation shall not result in a presumption of TTI’s liability for shortage or damage (in the absence of upset or accident) where the driver was either not present or not allowed to observe the loading and unloading.

·     4.4 Invoices

·     As a convenience to Shipper, all TTI invoices are processed by TTI. TTI’s administrative support, in issuing invoices, shall not alter TTI’s role in connection with a particular shipment, as the act of invoicing is a purely administrative function performed independent of transportation services. In the event of a loss, Shipper’s claim and any remedies shall be directed to, and the sole responsibility of, the Carrier performing transportation services for the particular shipment at issue, to the extent of any claim for loss, damage or delay. Delivery receipts and proofs of delivery will be provided upon specific request in accordance with the provisions of these Terms and Conditions.

·     4.5 Collection and Payment of Charges

·     Payment will be due within 30 days of invoice. In consideration for transportation services performed for the mutual benefit of the Shipper and Consignee under the Terms and Conditions set out herein, both Shipper and Consignee shall assume joint and several liability for all freight charges accrued with regard to such transportation. In the event that freight bills are not paid by either the Shipper or the Consignee, payment for such charges may be sought from either party or both parties.

·     4.6 Payment Without Offset

·     Shipper and/or Consignee shall pay all freight charges when due without offset for any cause including but not limited to, cargo claims. All claims for loss or damage shall be governed by these Terms and Conditions. Neither Shipper nor Consignee shall deprive TTI of proper cargo insurance adjustment by unilateral deduction of claims from payment of freight charges due. In the event that Shipper or its agents “short pay” freight charges or deduct charges from freight bills without TTI’s authorization to do so in writing prior to the deduction, Shipper and its agents waive their right to any contested cargo claim that is set-off against freight charges.

·     4.7 Interest and Fees on Past Due Accounts

·     TTI will assess one and one-half percent (1 ½%) interest per month beginning on the 30th day after payment is due. In no event does TTI seek greater interest than allowed by applicable law, as it is the intent of TTI to comply with the maximum rate of interest allowed by law. In the event TTI deems it necessary to retain the services of legal counsel to collect any outstanding indebtedness, Shipper shall pay attorneys’ fees, collection service fees and court costs in the amount of $500.00 or thirty-five percent (35%), whichever is greater.

·     4.8 Lien for Freight Charges

·     TTI shall have a possessory lien on shipments in its dominion and control for the payment of freight charges past and present.

·     4.9 Claims Processing

·     Claims for loss, damage or delay to cargo shall be filed in accordance with 49 C.F.R. 370. All cargo claims are waived if not filed within nine months of the date of delivery or expected delivery. Any suit to recover loss or damage to cargo must be filed no later than two years and one day after the claim is denied. Any other claims must be filed within two years of the event giving rise to the claim, or else such claims are waived. Shipper shall notify TTI of all known material details within 91 days of receiving notice of any claims other than cargo loss or damage claims, or else such claims are waived. Shipper shall update TTI promptly thereafter as more information becomes available.

·     4.10 Venue and Jurisdiction

·     This agreement shall be construed to have been entered in Harris County, Texas, and performable in Harris County, Texas. All payments are to be made in Texas and all parties consent to the jurisdiction of Texas and to venue in Harris County. It is expressly acknowledged and agreed that any suit arising from the payment or collection of freight charges shall be filed in the appropriate state or federal court in Harris County, Texas