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Topframe Transportation Services
  Terms and Conditions

The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as "Customer") agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to all shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Momentum Freight. Momentum Freight is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and/or other government agencies as required by law. Momentum Freight reserves the right, in its sole discretion, to refuse any shipment at any time.

The General Rules Tariffs, set forth by the carriers, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over Momentum Freight's TERMS AND CONDITIONS stated herein. If not in conflict with the carrier's General Rules Tariff, Momentum Freight's TERMS AND CONDITIONS as stated herein shall control. Where a customer enters into a separate contractual agreement with Momentum Freight, that agreement will take precedence over these TERMS and CONDITIONS.

1. Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by Momentum Freight as Customer's agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by Momentum Freight, or the use of any Bill of Lading not authorized or issued by Momentum Freight shall VOID the Company's obligations to make any payments relating to this shipment and VOID all rate quotes.

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 the Momentum Freight, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Momentum Freight is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and Momentum Freight completes that document, the terms of this Bill of Lading will govern. Momentum Freight is not liable to the Customer or to any other person for any actions taken or not taken on behalf of the Customer under this provision.

2. 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. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Momentum Freight in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. Momentum Freight 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. Customer agrees to indemnify Momentum Freight for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this section.

3. Payment
All Customers are subject to credit approval. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed-upon terms. 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. Overpayments do not accrue interest and are subject to Texas State Law. In the event the Momentum Freight retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to Momentum Freight relating to this shipment and Momentum Freight holds a warehouseman's general lien on all tangible personal property for any outstanding balances owed to Momentum Freight.

Momentum Freight 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 received at the time of the original quote, if additional services by the carrier were required, or as otherwise necessary 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 Momentum Freight does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Momentum Freight.

4. Claims and Limitations of Liability
Momentum Freight will process claims in accordance with 49 C.F.R. 370. All claims should be submitted immediately to Momentum Freight to help ensure timely resolution. Momentum Freight will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process any freight loss or damage claims and any claim for damage to our customer's property occurring in the course of the transportation services rendered to such Customer. The liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706.

Momentum Freight will use the individual carrier's governing General Rules Tariff which determines the standard liability cargo insurance coverage offered by all carriers. Those Tariffs can be viewed at Momentum Freight's corporate offices. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that Customer will receive on a claim will be that which is recoverable under the respective transportation tariffs. Momentum Freight will not be responsible in any way for claims arising out of Customer negligence, Carrier's negligence, or the negligence of any third party.

All claims must be submitted to Momentum Freight within 30 days after delivery. Claims for damages that are not readily apparent ("concealed damage") must be submitted to Momentum Freight within 3 days after delivery. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order to process a claim. Customer may not offset freight or other charges owed to Momentum Freight against claims for any loss, damage, mis-delivery or non-delivery. Momentum Freight has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account.

In no case will the maximum cargo liability for new goods be greater than $100,000 for a Truckload shipment or $10 per pound for an LTL shipment. In no case will the maximum cargo liability for used or resold goods be more than $0.10 per pound for any shipment. Momentum Freight does offer for purchase by the Customer, upon request, shipper's interest cargo insurance.

5. 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 Momentum Freight's website, or relating to any and all disputes between Momentum Freight 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 of Harris County, Texas or in the United States District Court for the District of Texas and shall be subject to Texas law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.

6. Rates
LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) which are based on the actual description, size, and weight of the shipment. Additional fees may apply for other charges including appointment delivery, reweighs and reclassifications, liftgate services, inside delivery or various other accessorial services.

LTL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. Once Momentum Freight has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the bill of lading at the agreed upon price, or an equipment not used (EON) fee will be assessed.

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.

All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

7. Misc.
MOMENTUM FREIGHT 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 SHIPMENT, INFORMATION PROVIDED ON THIS TERMS AND CONDITIONS OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. MOMENTUM FREIGHT CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, MOMENTUM FREIGHT SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT MOMENTUM FREIGHT HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

 
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