BROKER INSURANCE. BROKER shall comply with all insurance and bonding requirements imposed upon it by law, including its obligation to maintain a surety bond or trust fund agreement.
CARGO LOSS, DAMAGE, OR SHORTAGE. CUSTOMER acknowledges that Servicing Motor Carriers may limit their liability for cargo loss, damage or delay. It will be CUSTOMER’s responsibility to insure product in-transit and CUSTOMER acknowledges that if CUSTOMER wishes to declare excess value higher than the Servicing Motor Carrier’s limitation, BROKER will have no responsibility to do so and it will be CUSTOMER’s responsibility to do so directly with the Servicing Motor Carrier. BROKER may facilitate claims filing and processing with the Servicing Motor Carrier if CUSTOMER submits to BROKER, within six (6) months of the date of delivery, a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing the nature and cause of the claim for cargo damage. BROKER may, in its sole discretion and without liability to CUSTOMER, discontinue pursuit of claims with the Servicing Motor Carrier if such claim is not resolved within sixty (60) days of receipt by BROKER or if CUSTOMER, in BROKER’s sole discretion, fails to cooperate with BROKER in filing of claims with the Servicing Motor Carrier. CUSTOMER acknowledges and agrees that failure or alleged failure by the Servicing Motor Carrier to comply with shipment handling instructions, or a broken trailer seal, shall not result in any presumption that food has been adulterated, contaminated, or otherwise rendered unfit for its intended purpose, nor otherwise be grounds for rejection of a shipment or filing of a claim for cargo loss and damage without proof of actual loss or damage. BROKER shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by BROKER’s negligent acts or omissions, in which case, BROKER’s liability shall be limited to the charges assessed by BROKER and paid by CUSTOMER with respect to the goods at issue. CUSTOMER is responsible for filing a claim with BROKER alleging BROKER’s liability for cargo loss and damage within six (6) months of the date of delivery of the cargo in question (or, if none, within six (6) months of the date cargo should have been delivered). Failure to do so will result in an absolute bar to any such claim and will relieve BROKER of any and all liability with respect thereto. In no event will BROKER have any liability arising from or related to the Servicing Motor Carrier’s refusal to accept full value liability or the Servicing Motor Carrier otherwise limiting its liability for cargo loss and damage. BROKER shall be under no obligation to arrange, and Servicing Motor Carrier shall be under no obligation to provide, service in accordance with any set pick-up or delivery schedule; BROKER’s sole obligation is to ensure Servicing Motor Carriers provide services with reasonable dispatch. Any lawsuit arising from such claim must be commenced within eighteen (18) months of denial of all or any part of such claim. CUSTOMER acknowledges and agrees that the sole liability of BROKER with respect to loss, damage or delay to cargo shall be as set forth in this provision and CUSTOMER warrants and represents that if it is not the owner of such cargo, CUSTOMER holds authority from such owner to bind the owner to the provisions of these Terms and Conditions.
DISPUTE RESOLUTION. Except to the extent governed by other compulsorily applicable law, these Terms and Conditions and the services provided by BROKER shall be governed by and subject to the laws of the State of North Carolina, without regard to any choice-of-law rules. CUSTOMER AND BROKER AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR SERVICES RENDERED HEREUNDER, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING CHARLOTTE, NORTH CAROLINA, BROKER AND CUSTOMER HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS. In the event CUSTOMER files an action against BROKER, CUSTOMER hereby consents to any BROKER-instituted transfer of such action to any other venue in which BROKER is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of CUSTOMER’s action. Should BROKER prevail or successfully defend itself in an action involving CUSTOMER, BROKER shall be entitled to reasonable attorney fees and costs. If any provision of these Terms and Conditions is declared void, invalid or unenforceable by any court of law, the remaining provisions shall, to the extent permitted, remain in full force and effect as though the void, invalid or unenforceable provisions were never included. No agent, servant, or representative of BROKER has authority to alter modify or waive any provision herein unless in a writing signed by an officer of BROKER.