Client Terms & Conditions

Merx Master Motor Carrier Services Addendum/Terms & Conditions

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Merx Global, Inc., is an Illinois Corporation, (CARRIER), with offices located at 1454 Elmhurst Road, Elk Grove Village, IL 60007. CARRIER operates under MC-566381 and DOT-1330321. CARRIER, 1) has previously entered into, or 2) is contemporaneously about to enter into an agreement with your company, or 3) has no agreement on file with your company and is going to provide motor carrier services to your company. In consideration of the covenants and provisions contained herein, CARRIER agrees to provide motor carrier services to your company under the following terms and conditions, hereinafter referred to as the Merx Master Motor Carrier Services Addendum/Terms & Conditions (AT&C).

1. Payment
   Career will be paid within thirty (30) calendar days, in U.S. currency, from the date in which your company receives our invoice, along with the necessary documentation to prove that the shipment was delivered. CARRIER does not allow any offsets for claims, OS&D issues, delays, or missed pickup/delivery appointments. CARRIER does not agree to any chargebacks for late or missed pickups/deliveries. CARRIER does not allow its drivers to take any cash, fuel or lumper advances from third-parties, so please update your records to reflect this. Any advances given by your company to CARRIER, will be done in error and CARRIER will not be responsible for repayment. CARRIER will not solicit payment from any other party, unless your company does not submit payment to CARRIER within sixty (60) calendar days from the day your company receives our invoice.
2. Authority
   No one at the CARRIER other than the owners, or an officer of the CARRIER, can agree to any terms or provisions that conflict with the terms and provisions of this AT&C. The personnel accepting rate confirmations and/or load tenders, or negotiating rates, are not the owners or officers of the CARRIER. Rate confirmations or load tenders are for informational purposes only and will not replace or supersede this AT&C or the underlying agreement between the parties.
3. Cargo claims, liability, insurance & indemnification
   All CARRIER liability will be governed by 49 U.S.C. § 14706 (or any amendments thereto) with the exception, that CARRIER’s maximum liability for cargo claims, shall be limited to $100,000 per truckload shipment or replacement value of the goods, whichever is less. All processing of cargo claims and salvage will be handled in accordance with 49 C.F.R. §370.1 (or any amendments thereto). CARRIER does not agree to be responsible for any economic losses, lost revenues, profits, incidental or consequential damages. CARRIER will not agree to be liable for any plant or line shutdowns. CARRIER cannot agree to a waiver of subrogation with regards to its insurance policies. To the maximum extent permitted by law, CARRIER will not agree to indemnify, defend and hold harmless any party, whose negligent or intentional acts/omissions causes or contributes to any indemnity obligation/issue. Should any litigation ensue to enforce the provisions of this AT&C or any applicable agreement between the parties, the prevailing party will be entitled to its reasonable attorney fees, including those of its in-house counsel.
4. Freight & Accessorials
   CARRIER will not knowingly accept any freight that consists of the following commodities: garbage, scrap metal, floor loaded-rolls of paper, live animals, animal hides, fresh meat unless it is vacuum sealed, packaged and palletized, carbon black or charcoal, jewelry, precious metals, mail or things requiring a household goods license, bulk or bailed products, recycled materials, hay, or any product that needs to be blown in during loading, or dumped out during unloading, hazardous waste, radioactive material, bio-hazardous materials, and any explosive goods. Should CARRIER’s equipment be loaded with any of the restricted commodities above, CARRIER will have the right to bill your company or the responsible paying party, for any and all fees and costs associated with hauling these goods, including the right to return the product to the shipper and charge for a truck order not used, or applicable fees. CARRIER’s Summary of Accessorial Charges shall be incorporated herein by reference and will be the prevailing accessorial fee schedule used between the parties, unless a specific accessorial fee schedule has been agreed to by the owners or an officer of CARRIER.
5. Back Solicitation

CARRIER is actively growing its customer base and has done business with most fortune 1000 businesses. CARRIER cannot agree to an overly broad back solicitation provision, nor can CARRIER agree to refrain from doing business with a shipper, customer or consignee that requests the services of CARRIER. However, CARRIER shall not knowingly solicit freight shipments from any shipper, customer or consignee, where the existence of that entity and its shipping needs, first became known to CARRIER as a result of your company’s business dealings with CARRIER.

The terms and provisions listed herein, shall be controlling and superior to the terms and provisions in any agreement or rate confirmation provided by your company to CARRIER, that conflict with these terms and provisions listed herein. Such conflicting terms shall be deemed null and void. Where no such conflict exists between the terms herein and those in your company’s agreement or rate confirmation sent to CARRIER, then the terms in your agreement or rate confirmation shall be controlling. Your company’s tendering of freight to CARRIER after the date of this AT&C or contemporaneously with your receipt of this AT&C signifies your acceptance to our terms and conditions. No signature is required or needed to enforce the provisions herein.

Created on 12/13/2018
Replaces Previous Document dated: 08/16/2018

Summary of Accessorial Charges