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Terms and Conditions of Contract - for Truck

  1. As used in this contract, "CIF" means CIF Group Int'l Inc. and its authorized agents.

  2. In tendering the shipment for consignee, the shipper agrees to these Conditions of Contract, which no agent or employee of CIF is authorized to waive or modify. The shipper also acknowledges that this house bill is non-negotiable and has been prepared by the shipper or on the shipper's behalf by CIF.

  3. The shipper agrees that carriage hereunder is subject to the terms and conditions stated herein and to those terms and conditions contained in the CIF Policy Statement and tariffs, which is available for inspection by the parties hereto and is incorporated in this contract by reference.

  4. The shipper warrants that the equipment is packaged to protect the enclosed goods and to ensure safe transportation with ordinary care handling, and that each package is appropriately labeled and is in good order for carriage.

  5. All shipments may, at CIF's option, be opened and inspected.

  6. CIF shall not be liable for loss, damage, delay or other result caused by (a) acts if God, public enemies, public authorities acting with actual or qpparent authority, authority of law, quarantines, riots, strikes, civil commotions, or hazards or dangers incident to a state of war; (b) the act of the default of the shipper or consignee, including any breach of the warranty set forth in paragraph 4; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) violation by the shipper or consignee of any of these Conditions of Contract; (e) compliance or non-compliance with delivery or special instructions.

  7. CIF shall not be liable for special or consequential damages, such as the loss of a contract or loss of sales.

  8. Claims for concealed damage discovered by the consignee after delivery and after clear receipt has been given to CIF must be reported in writing to CIF within fifteen days after delivery of shipment, with privilege to CIF to inspect the shipment and its container(s) and packaging material within fifteen days after receipt of such notice.

  9. Claims or loss, damage, or delay must be made in writing and received by CIF within 180 days after the date of acceptance of the shipment by CIF.

  10. Unless a greater value is declared on the reverse, the shipper, consignee and bill to party agrees and declares that the value of the property is assessed to an amount not exceeding $50 (dollars U.S.) for any shipment of 100 pounds or less and not exceeding 50¢ (cents U.S.) per pound for any shipment weighing in excess 100 pounds.

  11. CIF shall not be liable in any action unless a claim has been filled in accordance with Paragraph 8 and 9 and such action is brought within one year after the date written notice was given to the claimant that CIF had disallowed the claim in full or in part.

  12. To the extent that it is not governed by Federal Law, this Contract and the Statement incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance within the laws of the State in which the shipment is accepted by CIF. If any provisions of this Contract, including the Statement incorporated by reference is determined to be invalid or unenforceable, the remainder of the Contract shall not be affected hereby.

  13. No claim for loss or damage to a shipment will be entertained until all charges thereon have been paid. The amount of claims may not be deducted from transportation charges.

  14. Shipper, consignee and bill to party are jointly and severally liable for all charges related to this shipment. Charges may be reversed to the responsible parties if shipment is refused or payment not made by the originally designated bill to party.

  15. Shipper, consignee and bill to party agree to pay all reasonable legal and/or collection fees incurred by CIF in securing payment of all charges related to this shipment.

  16. LIEN NOTICE. THE SHIPPER"S FAILURE TO PAY BILLED CHARGES MAY RESULT IN A LIEN ON FUTURE SHIPMENTS. CIF shall have a lien on freight in its possession or on future shipments of freight. The lien shall be for the total amount owed to CIF for freightage, charges for services and advances due on freight previously delivered upon the promise of the shipper, consignee or bill to party to pay freightage, charges and advances. The lien shall include billed freight charges, cost of storage, and appropriate security for the subsequent shipment held by CIF. The lien shall also include the cost of keeping and selling the property, including publication costs, collection services and attorney's fees. The shipper, consignee or bill to party proceeds of the sale must be applied to the discharge of the lien. The remainder, if any, must be paid over to the legal owner of the property. The shipper shall remain liable for any deficiency.

    If CIF is not paid in full within ten (10) days after providing written notice to the shipper and consignee that their freight is being held pursuant to a possesory lien, then CIF may proceed to sell such property, provided that no sale of the property may take place for at least thirty-five (35) days from the date that possession of the property is delivered to CIF.

  17. LATE PAYMENT PENALTY. In the even shipper, consignee and bill to party does not pay all shipping charges due within seven (7) days of receipt, a late payment penalty of 1.5% per month shall be imposed starting thirty (30) days after the date of this invoice, and accruing until paid.

  18. ATTORNEY'S FEE. In the event of any dispute between CIF and any other party to the shipment described on this document, the prevailing party is entitled to attorney's fees, litigation and court costs, and collection costs. In the event CIF exercises a possessory lien, the shipper, consignee or bill to party shall also pay for CIF's attorney's fees incurred in connection with the possessory lien, even if prior to litigation.

  19. DISCOUNTED RATE. The rate provided to the customer is a discounted rate which lasts for only 30 days after the date of the shipment. Timely payment is a precondition of this discounted rate. Failure to pay for this shipment shall result in the full, non-discounted rate being charged to the customer. The full, non-discounted rate is 40% more than the discounted rate.