Client Terms & Conditions
MERX MASTER MOTOR CARRIER SERVICES ADDENDUM/TERMS & CONDITIONS
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).
- PAYMENT. CARRIER 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.
- 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.
- 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.
- 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.
- 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
|BONDED:||Moving under “In Bond” conditions, $200.00 per shipment plus sufferance warehouse charges.|
|DETENTION DRIVER:||Two (2) hours free time
$15.00 per 15-minute period or fraction thereof for the 3rd hour
$20.00 per 15-minute period or fraction thereof for the 4th, 5th and 6th hour
If greater than 6 hours, a full layover charge will apply.
|DETENTION EQUIPMENT:||No charge for 1st 24-hour period; then
$75.00 per 24-hour period or fraction thereof
|DIVERSION:||$150.00 per occurrence|
|DRIVER LOAD AND/OR COUNT & UNLOAD:||Subject to negotiation|
|FREEZE PROTECT:||When customer requests that protective service is needed due to cold, an additional minimum charge of $275 per occurrence will apply. Additional fees may apply depending on other relevant facts.|
|FUEL SURCHARGE:||Varying Rate based on weekly DOE diesel fuel price, or client specific criteria, agreed to in writing.|
|HAZMAT CHARGE:||Any shipment that was not originally quoted as hazmat or agreed to be hauled as a hazmat shipment, which requires or may require the services of a hazardous material certified driver will be subject to a charge of $550. This charge applies whether the load ultimately requires placarding or any special handling as required by law.|
|HIGH VALUE & HIGH-RISK:||$100,000.00 maximum cargo liability is offered in all initial rates and applies to all non-targeted/high risk commodities; Loads exceeding $100,000 in value, are considered high value and loads that are highly targeted due to theft, or have a higher propensity for loss, are considered high risk. High Value & High-Risk shipments cannot be hauled by Merx Global without approval from its Chief Risk Officer/Owner. Additional Rates will apply to these shipments on a spot quote basis.|
|HOLIDAY APPOINTMENT:||$550.00 charge if customer requires the carrier to make a pickup or delivery on a holiday.|
|UNAUTHORIZED USE OF CARRIER EQUIPMENT:||Unauthorized use (misuse) of Carrier’s equipment shall result in a charge to the unauthorized user of Carrier’s equipment in the amount of $400.00 per occurrence in addition to $75.00 per trailer, per day or fraction thereof.|
|OUT OF ROUTE MILES:||Any additional miles will be calculated at the same rate the original shipment is being billed and will be added to the original rate.|
|RECONSIGNMENT:||$150/occurrence. Rate & miles computed in same manner as stop off shipment, except no free miles.|
|REDELIVERY:||$250.00 in addition to any layover charges.|
|SCALING LIGHT OR SCALING HEAVY:||If the scale is not on-site and the driver has to scale the product, an additional charge of $75 will apply. There may also be additional out-of-route miles that apply.|
|STOP OFF CHARGE:
$75 for 1st stop, $75 for 2nd, $100 for 3rd & all subsequent stops.
$100 for 1st stop, $100 for 2nd, $150 for 3rd & all subsequent stops.
Charged at same rate per mile as original tendered miles.
|TEAM SERVICE CHARGE:||$.50 per mile, Minimum Charge $400|
|VEHICLE REQUESTED, NOT USED:||Loads cancelled less than 8 hours from scheduled pickup are subject to a charge of $250.|