By clicking the "I Agree" button at the bottom of the page, you agree to the Terms and Conditions set forth in the paragraphs below. BILL OF LADING TERMS AND CONDITIONS Shipper and CrossCountry Courier, Inc. hereby agree that all shipments of freight tendered for transportation and accepted by CrossCountry Courier, Inc. are subject to these Terms and Conditions as well as the terms and conditions on the front side hereof. A. BILL OF LADING FORM: CrossCountry Courier, Inc. hereby agrees to transport Shipper’s freight, subject to freight classifications as authorized by Rule 365 of NMFC from the origin (s) to the destination (s) shown on the Bill of Lading. B. RATES: Unless otherwise agreed in writing, Shipper agrees to pay CrossCountry Courier, Inc. for transportation of freight transported under this Agreement within thirty (30) days of receipt by Shipper of Carrier’s invoice. Transportation rates negotiated between the parties are set forth on the bill of lading, attached as an appendix to the bill of lading, or separately mutually agreed upon in writing by fax or mail. Only those rates shall be applicable. NO rates, released rates, rate limitations, tariffs, rules, classifications, practices, accessorial charges, or other publications shall be applicable unless expressly agreed to in writing by both parties. Additional rates, modification, or amendments to rates may be established by mutual written agreement. Full payment of freight charges to CrossCountry Courier, Inc. under the terms of this Agreement shall relieve Shipper of any further liability therefore. Unless otherwise agreed in writing, CrossCountry Courier, Inc. shall furnish Shipper with a copy of the bill of lading or other delivery receipt signed by the consignee evidencing delivery to the consignee as a condition of Shipper’s obligation of payment for freight charges. In the event legal action is taken to collect any amounts due hereunder CrossCountry Courier, Inc. shall be entitled to all collection costs, including but not limited to reasonable attorney fees. C. TERMS AND CONDITIONS OF CARRIAGE: 1. CrossCountry Courier, Inc. shall be liable at common law for any loss, damage, or delay of the freight thereto, subject to the terms and conditions set forth herein. In event of conflict, the terms and conditions herein shall control. 2. CrossCountry Courier, Inc. liability shall not be subject to the rules of contributory or comparative negligence. Unless agreed in writing, under no conditionswill CrossCountry Courier, Inc. be liable for special or consequential damages of any kind. 3. (a) CrossCountry Courier, Inc. shall be liable solely as a warehouseman for loss, damage, or delay occurring after actual or attempted tender of the freight for delivery at destination. When tender of delivery of the freight to the party entitled to receive it has been made, but delivery has been refused, or if CrossCountry Courier, Inc. is unable to make delivery, CrossCountry Courier, Inc.’s liability as a warehouseman will begin when CrossCountry Courier, Inc. has placed said freight in a warehouse or storage facility under reasonable security. (b) In the event that the freight has been refused by the consignee, or CrossCountry Courier, Inc. is unable to deliver the freight for any reason, CrossCountry Courier, Inc. shall immediately notify the Shipper by phone or fax in accordance with the instructions on the face of the bill of lading. Said notice shall be confirmed in writing by CrossCountry Courier, Inc. to Shipper, stating the time and date that free time shall expire and the storage charges (if any) which are applicable upon expiration of free time. Storage charges may begin not sooner than 48 hours after CrossCountry Courier, Inc.’s notification, exclusive of Saturdays, Sundays, and business holidays declared by any of the parties. (c) Shipper shall give freight disposition instructions to CrossCountry Courier, Inc. within ten (10) business days of Shipper’s receipt of notice of CrossCountry Courier, Inc. inability to deliver the freight. If disposition instructions are not so received, CrossCountry Courier, Inc. will attempt to issue a second and final confirmed notification sent by certified mail. Such notice shall advise the Shipper that if notice is not received within 48 hours of receipt, CrossCountry Courier, Inc. may offer the shipment for sale in a manner such as is lawful. (d) Where proceeds of any sale received under the procedure in Par. 3 (c) shall be applied by CrossCountry Courier, Inc. to the payment of freight, demurrage, shortage, and other lawful charges including but not limited to reasonable attorney fees; to the expense of notice, advertisement, sale, and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the Shipper of the freight within seven (7) days of the sale. (e) Except in the case of negligence of CrossCountry Courier, Inc., the carrier shall not be liable for loss, damage, or delay which results when the freight is stopped and held in transit upon request of the Shipper, owner, or party entitled to make such request. 4. CrossCountry Courier, Inc. shall not assign this Agreement, to an interline carrier, broker, or otherwise forward the freight hereunder with any other carrier without prior written consent of Shipper unless required by physical necessity. 5. (a) CrossCountry Courier, Inc. liability for loss, damage, or delay shall be governed by 49 U.S.C §14706 (Carmack Amendment) and the law governing common carriers for hire. (b) Freight loss or damage claims noted on the delivery receipt must be filed or faxed to CrossCountry Courier, Inc. within nine (9) months of delivery of the freight, or in the case of failure to make delivery, within nine (9) months after a reasonable time for delivery has elapsed. (c) Lawsuits for loss, damage, or delay shall be instituted against CrossCountry Courier, Inc. no later than two (2) years and one (1) day from the day when written notice is received by the Shipper from CrossCountry Courier, Inc. that the carrier has disallowed the claim. (d) If a lower value than the actual value of the said freight has been stated on the bill of lading or has otherwise been agreed upon in writing as the released value of the freight, such released value, plus freight charges if paid, shall be the maximum recoverable amount for loss, damage, or delay, whether or not such loss, damage, or delay occurs from negligence. If the loss, damage, or delay is the result of CrossCountry Courier, Inc.’s willful misconduct, gross negligence or conversion, said released value shall not apply and Shipper shall be entitled to recover for the actual value of the freight, plus freight charges (if paid). 6. Nothing herein shall limit the right of CrossCountry Courier, Inc. to require at the time of shipment, the prepayment or guarantee of the charges. If upon inspection it is determined that the articles shipped are not accurately described in the bill of lading, the freight charges must be paid upon the articles actually shipped. 7. If Shipper completes the non-recourse section on the front hereof, CrossCountry Courier, Inc. shall not make delivery of freight without requiring payment from consignee; CrossCountry Courier, Inc. shall have no recourse for payment of freight charges against Shipper. 8. CrossCountry Courier, Inc. shall not under any circumstances be liable for damage, loss, or theft of the following TYPEs of property: bills, deeds, notes, securities in any form, letters of credit, tickets, passports, valuable papers of any kind in any form, recorded electronic data in any form, money, bullion, gold, silver, precious metals or gems, jewelry, furs and fine arts, intermodal equipment of any kind, live animals, contraband and any illegal substances, and any property transported gratuitously. 9. As a condition precedent to any liability for freight loss and damage claims by CrossCountry Courier, Inc., claims for loss, damage, and delay shall be processed in accordance with the procedures set forth in 49 C.F.R §370.1 et. Seq., unless otherwise agreed in writing. 10. (a) Bill disputes shall be subject to the terms of 49 U.S.C 13710. (b) Nothing herein shall prohibit CrossCountry Courier, Inc. from making a voluntary refund of an overcharge, or Shipper’s voluntary payment of an undercharge, whether or not the original billing was contested within 180 days. 11. Notice of loss or damage, shortage or theft of freight, shall be given to CrossCountry Courier, Inc. by notation (description) on the bill of lading, or delivery receipt, signed by the consignee and confirmed (signed) by CrossCountry Courier, Inc.’s driver. Failure to provide notice shall bar any such claims. Concealed loss or damage shall be reported (by telephone and in writing) to CrossCountry Courier, Inc. (including any other delivering carrier) within fifteen (15) working days of delivery. Failure to provide such report shall bar any such claims. Maximum liability for concealed damage shall not exceed $50.00 per shipment, including freight charges (if paid). CrossCountry Courier, Inc. shall provide a detailed report of all loss, damage, shortage, or theft to the Shipper as soon as practicable. 12. (a) CrossCountry Courier, Inc. shall be liable for the number of shipping units or packages noted on the bill of lading for all shipments, and shall deliver them in the same condition as tendered at origin. If CrossCountry Courier, Inc.’s driver is not able or is not given an opportunity to inspect and count the shipment prior to acceptance by CrossCountry Courier, Inc., the bill of lading must be noted "SL&C" (Shipper’s Load & Count). (b) Subject to sub par (a) above, shipments shall be inspected and counted by CrossCountry Courier, Inc. upon loading and at its first place of delivery. Discrepancies (if any) shall be reported immediately to the Shipper. 13. CrossCountry Courier, Inc.’s driver is authorized to sign the bill of lading and enter into this Agreement on behalf of CrossCountry Courier, Inc. 14. CrossCountry Courier, Inc. agrees to provide, at its own cost and expense, fully qualified drivers to operate its equipment and has and maintains the licenses permits required by local, state, and federal authorities, including the FMCSA, and shall comply with all applicable safety laws and regulations relating to maintaining and operating it’s equipment and qualifying and monitor it’s performance of it’s drivers. 15. Insurance: CrossCountry Courier, Inc. acknowledges that it has valid, effective insurance which complies with Federal Highway Administration, U.S. Department of Transportation, as well as any applicable stated requirements, subject to the following limits: public liability and property damage, motor vehicle and property damage, cargo loss and damage per vehicle, or such other amount (s) as agreed upon in writing by CrossCountry Courier, Inc. and Shipper; ;workers’ compensation insurance in all states of operation and travel with minimum limits as required by law. Evidence of such insurance shall be in a form providing for at least thirty (30) days prior written notice of cancellation and termination. CrossCountry Courier, Inc. shall furnish Shipper with evidence of insurance upon request. CrossCountry Courier, Inc.’s liability to Shipper hereunder shall not under any conditions exceed the amount of CrossCountry Courier, Inc.’s insurance. 16. (a) CrossCountry Courier, Inc.’s drivers signature on the bill of lading shall constitute prima facie evidence that the freight was received in good order and condition, unless otherwise noted. (b) CrossCountry Courier, Inc. shall become responsible for the freight when the trailer has been loaded and is ready for transportation, or upon signing of the bill of lading by CrossCountry Courier, Inc., whichever occurs first. 17. Indemnity: Subject to the terms of this bill of lading, and the insurance limits in par 16 above, CrossCountry Courier, Inc. shall defend, indemnify, and hold Shipper harmless form any and all losses, damage, or liability of any kind, including, but not limited to, reasonable attorney’s fees for: (a) damages to person s or property, and/or cargo loss and damage arising out of CrossCountry Courier, Inc.’s performance hereunder; and (b) any failure on CrossCountry Courier, Inc.’s part to comply with all applicable laws and regulations, federal, state, and local; and (c) damages arising out of CrossCountry Courier, Inc.’s conduct and/or violation of any of the terms of this Agreement. 18. The Bill of Lading, these Terms and Conditions, and any written modifications hereof supersede all prior agreements, written or verbal, and may not be amended, modified, or ltered except by mutual written agreement.    CrossCountry Courier Inc.  (800) 521-0287  (701) 222-8498