Service Terms

Thank you for choosing LTI Delivers, Inc. Below are our Terms & Conditions of Service. If additional information is required, please consult your LTI Delivers Account Executive directly or contact us at sales@ltidelivers.com.

TERMS & CONDITIONS OF SERVICE

General. LTI Delivers, Inc. (LTI), a licensed property broker operating under docket number MC- 457553, undertakes to arrange for the interstate transportation of shipments on behalf of the Customer (the “Customer”) from various origins and destinations throughout the United States and Canada. The transportation is furnished by carriers selected by and under contract with LTI. The terms and conditions of service set forth herein are applicable to the transportation of any shipments by LTI undertaken on the Customer’s behalf. In the event LTI and the Customer have entered into a written contract containing terms and conditions different than those set forth in these Terms and Conditions of Service, the written contract will control.

1. Application of Charges. In the absence of a written contract and associated rate addendum the following rules shall apply. The rates and conditions for brokerage services provided by LTI shall be in accordance with the rates and charges set forth in a Rate Quote (the “Rate Quote”) prepared by LTI and provided to customer for each individual shipment. Each Rate Quote can be supplemented or revised upon timely written notification by LTI that is not disputed by Customer within four (4) business hours from such notification. Payment shall be due from Customer within thirty (30) days of the date of LTI’s invoice.

2. Selection and Use of Motor Carriers. LTI will subcontract the transportation services required by Customer to motor carriers that are duly authorized to transport such shipments pursuant to all applicable regulatory authority (the “Carriers”). It is understood and agreed that the Carriers are independent contractors with the exclusive control over their respective drivers and employees, and are not agents, employees or authorized representatives of LTI.

3. Bills of Lading. Each shipment tendered by Customer and accepted by LTI shall be evidenced by and subject to the terms, conditions and provisions of a bill of lading or other proof of delivery receipt. In the event of a conflict between the terms, conditions and provisions of such bill of lading or receipt and these Terms and Conditions of Service, the terms, conditions and provisions of this agreement shall govern.

4. Force Majeure. The brokerage services provided by LTI will be temporarily suspended to the extent that during any period Customer, LTI or the Carriers are unable to carry out their respective obligations by reason of act of God or the public enemy, fire, flood, labor disorder, civil commotion, terrorist act, government interference, or any other event or occurrence beyond the reasonable control of the affected parties, and neither party shall have any liability to the other for delay in performance or failure to perform while the services are temporarily suspended, except for the Customer’s payment obligations for services performed.

5. Cargo Loss or Damage. For loss or damage to shipments that occur while the shipments are in the Carriers’ exclusive care, custody and control, the Carriers’ liability shall be that of a common carrier under 49 U.S.C §14706 and controlling case law under the Carmack Amendment. The Carrier shall pay to Customer the full actual loss for the kind and quantity of the product so lost, damaged or destroyed; provided however that the maximum liability for any single shipment shall not exceed $100,000. As a property broker only, LTI hereby assumes no liability or responsibility for any loss or damage to the shipments incurred while the shipments are in the possession or control of the Customer or the Carriers, unless such loss or damage is caused by the sole negligence of LTI or its employees. Any claim for loss or damage to any shipment must be made to LTI in writing within thirty (30) days after the actual date of delivery of the shipments by the Carriers. Each claim must contain information necessary to identify that portion of the shipment lost or damage, as well as all supporting documentation. Customer shall cooperate with LTI, the Carriers and their respective insurers in the investigation of any claim or the potential claim made by a Customer. Any civil action brought by Customer for cargo loss or damage , must be filed by Customer within two (2) years after the date of delivery; provided, however, that the Customer’s failure to comply with the claims notice and filing requirements set forth herein shall bar any such civil action. Neither party will be liable to the other party for any indirect, consequential, special or punitive damages including, but not limited to, loss of production, loss of income or loss of profits (collectively “Special Damages”) arising out of claims brought by the other party even if notice was given as to the possibility of such Special Damages and even if the Special Damages were reasonably foreseeable.

6. Access to Customer’s Facilities. Customers shall provide the Carriers with access to the facilities necessary to load or unload the tendered shipments. Access to the facilities by the Carriers shall be without charge to the Carrier unless otherwise agreed to in writing between the parties. Customer is solely responsible for maintaining the loading and unloading facilities in a good and safe condition, and in compliance with all applicable laws, codes, and regulations. Customer hereby waives and releases LTI from any liability for any loss or damage to its facilities or to Customer’s personal property located on such facilities.

7. Packing and Marking. All shipments tendered by Customer must be prepared and packaged to ensure safe ground transportation. By tendering a shipment to LTI or the Carriers, Customer certifies that the shipment is sufficiently packaged to withstand the normal rigors of truck transportation. Each package must be legibly marked prior to shipment being tendered for transportation. Any article susceptible to damage by ordinary handling must be adequately protected and packaged and marked in such a way as to alert LTI or the Carriers of the possibility of damage from ordinary handling and must bear appropriate labels.

8. Shipments Not Accepted. LTI will not accept shipments for transportation of the following nature:

   1. Explosives;

   2. Shipments requiring “protective security service” or “armed guard surveillance service”;

   3. Human remains;

   4. Precious metals, bullion or currency;

   5. Original works of art, collections, antiques or precious stones; or

   6. Hazardous materials as defined under the Hazardous Material Transportation Act, 49

      U.S.C § 501101.

   LTI reserves the right to refuse any shipment at point of acceptance that it, or a Carrier’s representative deem unacceptable.

9. Overcharge, Duplicate Payment and Over-Collection Claims. Any overcharge, duplicate payment or over-collection claim made by Customer must be filed, in writing, with LTI within one hundred eighty (180) days from the date of LTI’s original freight bill.

10. Dispute Resolution. LTI and Customer agree any dispute shall be governed by the laws of the State of Iowa, or applicable federal law; any civil action shall be brought by either party exclusively in federal and state courts serving Linn County, Iowa; and, such courts shall have jurisdiction over the parties and venue will be proper for such suits in Linn County, Iowa.

    In the event of any controversy, claim, or dispute between the parties, arising out of or relating to this agreement or the breach thereof, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable expenses and costs, including attorney’s fees, court costs, and post-judgment or post-decision enforcement, collection, and appeal expenses, in addition to any damages or other relief awarded. The term “prevailing party” shall include a party filing a voluntary dismissal of an action.

11. Indemnification. LTI shall defend, indemnify and hold harmless Customer from any loss or damage, including loss, damage or injury to persons or property, which Customer may incur as a direct result of LTI’s negligent acts or omissions. However, it is understood and agreed that LTI assumes no liability for bodily injury, property damage or public liability arising out of the involved transportation. Customer shall defend, indemnify and hold harmless LTI from any and all loss or damage, including loss, damage or injury to persons or property, which LTI may incur as a direct result of Customer’s negligent acts or omissions.

12. Independent Contractor Relationship. The relationship performed between LTI and Customer is that of one independent contractor with another, and that nothing here in is intended to create a joint venture, partnership, agency, or any employment relationship.

13. Mileage Computation. Customer understands and agrees that LTI is currently an authorized licensee of PC Miler V. 27 and any subsequent versions. All rates and charges that are based upon miles will, unless otherwise notified by LTI in writing, be determined using practical miles in the PC Miler system.

14. Waiver. Customer and LTI waive any and all rights and remedies allowed under 49 U.S.C. § 14101 to the extent that such rights and remedies conflict with the terms and conditions of service.

REVISED 03/30/2018