www.freightcenter.com

Terms and Conditions

In tendering this shipment, the enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as (“Customer” and or “Shipper”) agrees to these TERMS which no agent or employee of the parties may alter. This Bill of Lading is NON-NEGOTIABLE and has been prepared by the enrolled Customer or by American Freight Companies. ("Company") on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the carriers provided as solutions with Company, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Company TERMS AND CONDITIONS stated herein. If not stated within the carrier's General Rules Tariff, the Company TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

Any unauthorized alteration or use of this bill of lading or the tendering of this shipment to any carrier other than that designated by Company, or the use of any bill of lading not authorized or issued by Company shall VOID Company's obligations to make any payments relating to this shipment and VOID all rate quotes.

Company is a freight broker and NOT a freight carrier. Company reserves the right, in its sole discretion, to refuse any shipment at any time.

1. Customer’s Warranties

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Company assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

2. Necessary Documentation

The Customer is required to use the Company’s system generated BOL. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs Company, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Company is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and Company completes that document, the terms of this Bill of Lading will govern. Company is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

3. Payment

All charges are payable in US Dollars and are due and payable fourteen (14) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 1-1/2% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All funds received by the company will be applied to the oldest (based on pick-up date) invoiced BOL that is outstanding. In the event Company retains an attorney or collection agency for the enforcement of these Terms and Conditions, Customer shall also be liable for all attorneys fees incurred, together with related costs and expenses.

All Customers are subject to credit approval. The Company intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of the company. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account.

The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, and all duties, customs assessments, governmental penalties and fines, taxes, and Company's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client’s shipment. Company shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. Company reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If company does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the company.

4. The Logistics Company:

Customer understands and agrees that the American Freight Companies is a logistics service and freight brokerage. As such, our function is to provide access to major freight carriers. In many respects our relationship is very similar to a travel agency, we help you find a carrier, but we are not the actual carrier. We never see nor handle your shipment. Your freight carrier is the company that provided the actual pickup, transportation and deliver of your shipment.

5. Freight Carriers:

Customer understands and agrees that the freight company or companies that actual transported your shipment is exclusively responsible for the transportation and delivery of your shipment. (See documentation provided at time of shipping)

6. Claims and Limitations of Liability

Full Truck Load Freight. Truck load (TL) freight carriers are required by law to carrier minimum of $100,000.00 of insurance. This coverage protects the shipper from theft, loss, damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.

Less than a Truck Load (LTL) The standard liability cargo insurance coverage offered by all less than a truck load carriers booked through American Freight Companies is $0.10 cents per pound. As the shipper, you may secure additional freight insurance from any 3^rd party freight insurance company of your choice. For your convenience, you may choose to visit www.freightinsurancecompanies.com for a partial list of insurance providers. You may also find that your current home owners insurance and or business insurance provider may offer this coverage. Freight insurance is also available under the insurance listings of your local yellow pages. The shipper must file all freight cargo claims in writing with American Freight Companies within 48 hours of delivery. This process may be done using our online claims form at www.Freightcenter.com/claims. American Freight Companies will act as liaison and assist the shipper in the processing of their claim with the actual freight carrier. The filing of a claim does not relieve the responsible party for payment of freight charges. In general, freight payment is necessary in order for a carrier to process a claim. Please contact Company for more details regarding carrier insurance or carrier liability.

Company is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Company is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier's General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. Company is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. Company is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of Company.

Subject to the limitations of liability contained in this Bill of Lading and the carrier's General Rules Tariff, Company shall only be liable for loss, damage, mis-delivery or non-delivery caused by Company's own gross negligence. Company’s liability therefore shall be limited to the fees that Company has earned with respect to the subject shipment.

COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. COMPANY CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED

7. Forum Selection and Choice of Law

Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through Company’s website, or relating to any and all disputes between Company and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the District Court Pinellas County, Florida or in the United States District Court for Pinellas County, Florida and shall be subject to Florida law.

8. Rates

LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based.

TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional charges may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. A $350.00 charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup. Expedited rates are based on actual or dimensional weight. If an expedited carrier shipment contains oversize freight, additional charges and transit days may apply. Blanket Wrap/High Value Goods rates are driven by state to state/mileage, weight (actual or density) and commodity/product type.

Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply.

9. Guaranteed Services

Guaranteed Services are inclusive of transit times only as noted by the carrier selected. Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. This service is not a guarantee for Pickup. Pickup Day is not included in the qualification and calculation of transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the Guaranteed service requested, the Customer is permitted ten (10) business days from the date of invoice to file a claim request in writing with Company. If Company does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the carrier will be deemed to have met all Guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event of carrier failure to comply with the Guaranteed service requested and after the carrier has agreed to liability, Company will credit the account of the said Customer. In no event shall Company be liable nor will any account be credited if the Customer does not use Company’s Bill of Lading.