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The Fogel Company, Inc. (COMPANY) does not handle customer's freight directly, and will not be liable for any loss or damage during cartage. Each Trucking Company (CARRIER) has a fixed amount of cargo insurance. Upon request, we are happy to provide a copy of the CARRIER'S insurance binder. In some cases excess insurance can be bought. That will always be done through the CARRIER. Limitations of Liability The individual CARRIER'S governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. 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 filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a CARRIER to process a claim. All freight cargo claims should be submitted immediately to COMPANY to help ensure timely resolution. COMPANY will attempt to assist in the resolution of freight claims, but has no legal responsibility or liability of any kind regarding payment or resolution of claims. All actual responsibility lies with the CARRIER. Please contact COMPANY for more details regarding CARRIER insurance or CARRIER liability. Bill of Lading All bills of lading (BOL) are non-negotiable and have been prepared by the enrolled Customer or by COMPANY on behalf of the customer and shall be deemed, conclusively, to have been prepared by the customer. Any unauthorized alteration or use of (BOL) or tendering of shipments to any carrier other than that designated by COMPANY, or the use of any BOL not authorized or issued by COMPANY shall void COMPANY's obligations to make any payments relating to this shipment and void all rate quotes. Payment All charges are quoted and must be paid in US Dollars and are due prior to shipment unless otherwise arranged. When credit is extended, invoices are due in full 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 ½ % per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is greater. All funds received by 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 to collect unpaid charges, or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to late payment penalty of 20%. Customer is also 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 relating to this shipment. 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 /or 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, COMPANY will deny the disputed item. |
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