I/WE (HEREAFTER “CUSTOMER”) DO HEREBY ACKNOWLEDGE AND ACCEPT THE FOLLOWING CREDIT TERMS AND CONDITIONS OF FREIGHT MANAGEMENT AND CONSULTING (HEREAFTER “FMAC”). ALL TRANSACTIONS WITH FMAC ARE SUBJECT TO THE TERMS HEREIN AS WELL AS THE TERMS AND CONDITIONS AS SET FORTH IN THE FMAC SERVICE GUIDE (COPIES AVAILABLE UPON REQUEST). IN THE EVENT OF A CONFLICT BETWEEN THIS CREDIT APPLICATION AND THE FMAC SERVICE GUIDE, THE SERVICE GUIDE SHALL CONTROL. THERE MUST BE WRITTEN NOTICE TO FMAC OF ANY OWNERSHIP CHANGES TO CUSTOMER WITHIN 5 DAYS OF SUCH CHANGE. ALL FREIGHT BILLS SHALL BE PAID WITHIN “NET 15” DAY TERMS. IN THE EVENT TERMS ARE NOT MET, ANY FREIGHT DISCOUNT APPLIED BY FMAC IS SUBJECT TO REVOCATION, AT FMAC’S SOLE DISCRETION. ALSO, CUSTOMER AGREES TO PAY INTEREST AT 18% PER ANNUM, APPLIED MONTHLY ON INVOICES NOT TIMELY PAID. IN THE EVENT A SCHEDULED SHIPMENT IS CANCELLED WITHIN 24 HOURS OF THE SCHEDULED PICKUP, FMAC MAY, AT FMAC’S SOLE DISCRETION, CHARGE CUSTOMER A “CANCELLED DISPATCH FEE.” CUSTOMER UNDERSTANDS THAT DELIVERY DATES, SERVICE STANDARDS AND TRANSIT TIMES ARE ESTIMATES ONLY, AND THAT NO GUARANTEES, AS TO DELIVERY ON SPECIFIC DATES OR TIMES, ARE MADE. CUSTOMER ALSO EXPRESSLY AGREES THAT IN THE EVENT FMAC IS FOUND, BY A COURT OF COMPETENT JURISDICTION, TO BE LIABLE FOR ANY TORT OR BREACH OF CONTRACT, DAMAGES, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF THE FMAC INVOICE(S) AT ISSUE. CUSTOMER EXPRESSLY AGREES THAT FMAC SHALL IN NO EVENT BE LIABLE FOR ANY FORM OF CONSEQUENTIAL DAMAGES.
CUSTOMER HEREBY AUTHORIZES FMAC TO CONTACT CUSTOMER TRADE REFERENCES, AND PERFORM CREDIT EVALUATIONS, AS NEEDED. IF CUSTOMER DEFAULTS ON THE PAYMENT OF OUTSTANDING INVOICES, CUSTOMER AGREES TO PAY ALL REASONABLE ATTORNEY FEES, COSTS, AND COLLECTION EXPENSES ASSOCIATED THEREWITH. CUSTOMER ALSO AGREES TO RESOLVE ANY AND ALL DISPUTES, MEDIATION OR ARBITRATION NOTWITHSTANDING, PURSUANT TO CALIFORNIA STATE LAW. CUSTOMER EXPRESSLY AGREES TO THE EXCLUSIVE JURISDICTION OF THE STATE OF CALIFORNIA IN LOS ANGELES COUNTY, VAN NUYS JUDICIAL DISTRICT. CUSTOMER AGREES THAT THE AFOREMENTIONED JUDICIAL DISTRICT SHALL BE THE APPROPRIATE VENUE FOR ANY DISPUTE, WHICH MAY ARISE HEREUNDER.
CUSTOMER AGREES THAT NO PAYMENT SHALL BE DELAYED OR WITHHELD BECAUSE OF ALLEGED LOSS, DAMAGE OR DELAY OF FREIGHT, OR OTHER CLAIMS. FMAC ACTS AS A BROKER AND DOES NOT TAKE POSSESSION OF THE FREIGHT AND ASSUMES NO LIABILITY FOR SUCH CLAIMS. IF A CLAIM ARISES, CUSTOMER AGREES TO LOOK TO THE MOTOR CARRIER FOR COMPENSATION. BY CUSTOMER’S SIGNATURE BELOW, CUSTOMER HEREBY ACKNOWLEDGES THE ABOVE-DESCRIBED TERMS AND THE TERMS AND CONDITIONS SET FORTH IN THE FMAC SERVICE GUIDE, AND AGREES TO MAKE PAYMENT FOR FREIGHT CHARGES WITHIN SAID TERMS. |
