TERMS AND CONDITIONS OF SERVICE

All shipments to or from the Customer, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipments, will be handled by Blakeman Transportation Inc. (herein called “BTI”) on the following terms and conditions:

1. Services by Third Parties.  Unless BTI carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, BTI assumes no liability as a carrier and is not to be held responsible or liable to the Customer for any loss, damage, expense or delay to the goods to be forwarded or imported.  When BTI carries, stores or otherwise physically handles the shipment, it does so subject to the limitation of liability set forth in paragraph 7 and 8 below unless a separate bill of lading, air waybill or other contract of carriage is issued by BTI, in which event the terms thereof shall govern.
2. Liability Limitations of Third Parties.  BTI is authorized to select and engage carriers, truck men, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered as the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truck men, lightermen, forwarders, customs brokers, agents, warehousemen and others.  BTI shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by BTI to forward, enter and clear, transport or render other services with respect to such goods.  The relationship of any such third party to BTI is that of an Independent Contractor.
3. Choosing Routes or Agents.  Unless express instructions in writing are received from the Customer, BTI has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of  the goods.  Advice by BTI to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that BTI warrants or represents that such person or firm will render such services.
4. Quotations Not Binding.  Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by BTI to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon BTI unless BTI in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
5. Delivery Liability.  BTI does not guarantee nor warrant exact delivery times or days.  The acceptance of freight for delivery does not grant shipper a warranty (actual or implied) to delivery times.  While every effort is made to meet customer and shipper needs and expectations, no delivery guarantee is given nor will BTI or any of its agents accept liability or penalty including but not limited to financial claims or restitution for late deliveries.
6. Duty to Furnish Information.  On an export or import BTI shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence of BTI, in which event its liability to the Customer shall be governed by the provisions of paragraphs 7 and 8 below.  The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to BTI by the Customer or its agent for export, entry or other purposes and the Customer agrees to indemnify and hold harmless BTI against any increased duty, penalty, fine or expense including attorneys' fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer.
7. Declaring Higher Valuation.  Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, etc., BTI must receive specific written instructions from the Customer to pay such higher charge based on valuation and the trucker, etc. must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers, etc. subject to the limitation of liability set forth herein in paragraphs 7 and 8 below with respect to any claim against BTI and subject to the provisions of paragraph 2 above.
8. Limitation of Liability for Loss, etc.  (a) The Customer agrees that BTI shall only be liable for loss, damage, expense, or delay to goods carried, stored or otherwise physically handled by BTI and only if such loss results solely from the negligence of BTI; such liability shall be limited to an amount equal to the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for services, provided that, in the case of partial loss, such amount will be adjusted, pro rata; (b) Where BTI issues its own bill of lading and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of BTI's liability up to the shipment's actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of BTI's liability and the compensation received; (c) In instances other than in (b) above, unless the Customer makes specific written arrangements with BTI to pay special compensation and declare a higher value and BTI agrees in writing, liability is limited to the amount set forth in (a) above; (d) Customer agrees that BTI shall, in no event, be liable for consequential, punitive, statutory, special or any other damages in excess of the monetary limit provided for above.

Neither BTI nor the underlying carrier shall be liable for alleged loss unless BTI or carrier is given an opportunity to actually count package units at origin or expressly waives such right (and such waiver is noted on the bill of lading and signed by carrier) and any loss or discrepancy is noted on the bill of lading at destination.  On any claims for concealed loss, damage or “subject to count”, customer shall have the burden of proof to demonstrate that such loss or damage occurred while shipment was in BTI or carrier’s possession.

1. Presenting Claims.  BTI shall not be liable under paragraph 7 for any claims not presented to it in writing within 180 days of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand here under shall be maintained against BTI unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under applicable statute(s).
2. Advancing Money.  BTI shall not be obliged to incur any expense, guarantee payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to BTI by the Customer on demand.  BTI shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by BTI be construed as a waiver of the provisions hereof.
3. Indemnification for Freight, Duties.  In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against BTI for ocean or other freight, duties, fines, penalties, liquidated damages or other money due rising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless BTI for any amount BTI may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorneys' fees, incurred by BTI in connection with defending such claim or legal action and obtaining reimbursement from the Customer.  The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the Customer to BTI to pay all charges or other money due promptly on demand.
4. C.O.D. Shipments.  Goods received with Customer's or other person's instructions to "Collect on Delivery" (C.O.D.) by drafts or otherwise, or to collect on any specified terms by time drafts or otherwise, are accepted by BTI only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such item for collection, and BTI will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange, or during transmission, or while in the course of collection.
5. Compensation of Company.  All invoices are due and payable in full in ten (10) days from invoice date at BTI’s office, 2350 Cold Springs Rd., Fort Worth, TX 76106 or at it postal mail box, PO Box 4340, Fort Worth, TX 76164.  The compensation of BTI for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by BTI to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by BTI from carriers, insurers and others in connection with the shipment.  In any referral for collection or action against the Customer for monies due BTI, upon recovery by BTI, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
6. No Responsibility for Governmental Requirements.  It is the responsibility of the Customer to know and comply with the marking requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other requirements, including regulations of Federal, state and/or local agencies pertaining to the merchandise.  BTI shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.
7. Attorneys’ Fees.  The Customer shall be liable for all attorneys’ fees and expenses incurred by BTI to collect payment from the Customer for services provided or to otherwise enforce BTI’s rights pursuant to these terms and conditions.
8. Governing Law and Jurisdiction.  The validity, construction, enforcement and interpretation of the foregoing terms and conditions shall be governed by the substantive laws of the State of Texas, unless the application of federal law is required.  The services provided by BTI pursuant to these terms and conditions are to be provided, in whole or in part, in Tarrant County, Texas.  Any legal proceeding instituted against BTI relating to the services provided by BTI to the Customer must be instituted in Tarrant County, Texas.

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