The undersigned company certifies that the information on this Credit Application is true and correct to the best of its knowledge; that
it understands its obligation to inform G. Katen & Partners, (hereinafter collectively referred to as "GKP") of any and all changes on
this Credit Application; and that it authorizes GKP to contact the above references for credit information purposes. Any extension of
credit to company shall be at the sole discretion of GKP.
By executing this credit card form, the undersigned company agrees that it will be contractually bound by GKP’s credit terms and conditions. Company agrees to pay all invoices upon receipt. The undersigned also holds himself or herself personally liable for all debt incurred under this agreement. Any invoices not paid within the terms and conditions set forth between GKP and companies are subject to an interest charge of 1.5% per month (18% per annum). However, payment of interest does not change or modify the payment terms under which credit was granted and which are agreed upon as evidenced by the signature below. This includes transportation costs such as rail, ocean, and over the road. In the event of non-payment, company agrees to pay all collection costs, including reasonable attorneys’ fees. Processing fees shall not be waived for ocean, rail, or full truck load shipments.
Company acknowledges and agrees that GKP shall have a general and continuing lien on any and all property and documents of
company coming into GKP’s actual or constructive possession or control for monies owed to GKP with regard to the order on which
the lien is claimed, a prior order(s) and/or both. GKP shall provide written notice to company of its intent to exercise such lien, the
exact amount of monies due and owing, as well as any ongoing storage or other charges. Company agrees that unless, within thirty
days of receiving notice of lien, it posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to
110% of the value of the total amount due, in favor of GKP, guaranteeing payment of the monies owed, plus all storage charges
accrued or to be accrued, GKP shall have the right to sell such possessions at public or private sale or auction and any net proceeds
remaining thereafter shall be refunded to Customer.
I have been advised on the date show below G. Katen & Partners, Company's standard credit terms are payment in full within thirty (15)
days of the invoice data. I agree to pay the non-discounted price for invoice not paid within 30 days of invoice date.
I have advised G. Katen & Partners of the following:
Any accessorial billing (i.e. equipment detention) will be sent after the initial invoice for transportation services by supplemental invoice.
I, the undersigned, certify the information on this Term of Payment form is true and correct to the best of my knowledge and furthermore
realize my obligation to inform G. Katen & Partners, Company of any and all changes in the above information.
I also understand G. Katen & Partners, Company payment terms are payment in full within 30 days of the invoice date. I have advised G.
Katen & Partners, Company that we can and will comply with these payment terms. In the event of non-payment, I consent to the exclusive
jurisdiction of the Superior Court of New Jersey or the United States District Court for the District of New Jersey regarding any litigation
between the parties and that in such litigation, G. Katen & Partners Company will be entitled to recover its legal expenses, reasonable
attorney's fees and cost of suit, pre-judgment and post judgment.
The use of My Express Freight and/or the dispatching of a shipment, no matter the size, via G. Katen & Partners, the
Customer, Shipper and/or Consignee (hereinafter referred to as the "Customer" agrees to these Terms and Conditions which no party
The freight carrier(s) is subject to all state and federal laws and regulations applicable to the transportation of the shipment and is
therefore exclusively liable for the shipment. The Customer understands and agrees that the freight company or companies that
actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of your shipment. At no time shall G.
Katen & Partners, or any entity owned or controlled by G. Katen & Partners be responsible for such claims.
Customer understands and acknowledges that accurate weights, sizes and description of shipment including the freight class and
NMFC code are necessary for proper rate quotations. Customer understands that all freight rates are quoted as tailgate or curbside
pick up and delivery to a commercial location and or carrier terminal drop off or pick up. Residential services are available and are
charged as an assessorial service. If pickup and or delivery are requested by the Customer, the Customer warrants the locations will
be carrier equipment accessible. Customer agrees to provide the means to load and unload the shipment unless these services have
been arranged for as an assessorial service. Customer agrees to ensure the shipment is properly prepared for transport by freight
carrier (packaging and addressing) unless these services have been arranged for as an assessorial service. The Customer agrees to
pay for all services as actually provided by G. Katen & Partners and the assigned Freight Carrier(s).
All G. Katen & Partner Bill of Lading's are to be considered NON-NEGOTIABLE and has been prepared by the enrolled Customer or by
G. Katen & Partners on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The
General Rules Tariffs, set forth by the carrier or carriers that actually provided the transportation of the shipment, will in every instance
take precedence in all legal proceedings and, when applicable, will take precedence over the G. Katen & Partners terms and conditions
stated herein. If not stated within, the carrier's General Rules Tariff, the G. Katen & Partners terms and conditions as stated here within
shall control. In the case of conflict between the TERMS AND CONDITIONS contained here within and those set forth by the individual
selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control. All Terms, including, but not limited to
all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers. Bill of Lading & Necessary
Documentation: Required Use of Bill of Lading (BOL). The Customer agrees to sign the BOL provided by G. Katen & Partners prior to
pickup. Customer must then provide (2) copies of the signed BOL to the shipper (the party at the point of pickup). The Customer, or an
agent of the Customer, shall consign the shipment directly to the actual transporting freight carrier. The Customer agrees to hold the
consigned freight carrier exclusively liable for loss or damages to said shipment. If the Customer does not complete all the documents
required for carriage, or if the documents which they submit are not appropriate for the services, the Customer hereby instructs G.
Katen & Partners, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer.
However G. Katen & Partners is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this
shipment and G. Katen & Partners completes that document; the terms of this Bill of Lading will govern. G. Katen & Partners is not
liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
The Customer acknowledges their responsibility, and warrants their compliance with all applicable state & federal laws, rules, and
regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from,
through or over which the shipment may be carried. The Customer agrees to furnish such information completely and attach to the Bill
of Lading such documents as are necessary to comply with such laws, rules and regulations. G. Katen & Partners assumes no liability
to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any
individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of
the Customer and the right to legally bind the Customer. G. Katen & Partners, may choose to cancel this shipping agreement and
disavow itself from the shipment if any of the following occur: Bill of Lading is not signed by the Customer, unauthorized alteration or
unauthorized use of this Bill of Lading, shipments tendered to any carrier other than that designated by G. Katen & Partners and
shipments tendered with any Bill of Lading not issued by G. Katen & Partners. This shipment was rated based on information provided
by and approved by the Customer. Rate calculation includes: the type of item(s) being shipped (class), weight, size, volume, type of
packing, number of items and commercial or residential pickup or delivery, type of service requested and transit time. Shipping charges
may include discounts from published carrier rates and are conditional based on payment within the terms of this agreement.
Full truckload shipments include two hours of detention time at pickup and delivery. Additional charges may apply for charges including
but not limited to; Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $95 per hour,
up to $800 per day. A cancellation charge will be assessed for all TL shipments cancelled less than 8 hours prior to the scheduled day
and time of pickup at the rate of $350 or 30%, whichever is greater. A cancellation charge will be assessed for all LTL shipments
cancelled less than 3 hours prior to the scheduled day and time of pickup at the rate of $125 or 10%, whichever is greater.
Expedited rates are based on actual or dimensional weight. If an expedited carrier shipment contains oversize freight, additional
charges and transit days may apply. Blanket Wrap/High Value Goods rates are driven by state to state/mileage, weight (actual or
density) and commodity/product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed
shipment contains oversize freight, as determined by the state or states it will transport through, additional charges and transit days
may apply. All rates are based on the information provided by the customer and are subject to change if said information is deemed
Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. When
Guaranteed Service is included as an assessorial service, it is inclusive of transit times only as noted by the carrier selected.
Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. This service is not a
guarantee for Pickup time. Pickup Day is not included in the qualification and calculation of transit time. Delays caused by an Act of
God, war, weather or delays due to State or Federal intervention negate the Guaranteed Transit Time service. Carrier liability for
Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge as noted on the invoice. In no case, shall the
Customer hold the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the
expected. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted eight (8) business
days from the date of invoice to file a claim request in writing with G. Katen & Partners. If G. Katen & Partners does not receive a claim
request or receives the request after the allowable eight (8) business days, the service provided by the carrier will be deemed to have
met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event a Carrier
fails to provide the Guaranteed Transit Time service as arranged, G. Katen & Partners will credit the account to the Customer within 48
hours after carrier has acknowledged liability. In no event shall G. Katen & Partners be liable nor will any account be credited if the
Customer does not use G. Katen & Partner's Bill of Lading. G. Katen & Partners reserves the right, in its sole discretion, to refuse any
shipment at any time.
Neither G. Katen & Partners, or My Express Freight nor the actual carrier shall be held liable for delays in delivery caused by
accidents, governmental intervention, weather conditions, other acts of god or any other circumstance that are beyond the control of G.
Katen & Partners and or the carrier(s). G. Katen & Partners and My Express Freight refuse to transport livestock or any live animal
regardless of kind or breed. Failure to comply will result in an immediate legal action and a fine of no less than $100,000 USD per
shipment or maximum allowed by law.
Unless otherwise stated, the customer is responsible for proper preparation, packing, and addressing of the shipment. Unless otherwise
stated, Customer is responsible for providing the means to load and unload the shipment. All shipments are covered under the carrier's
limited liability coverage as noted below based on either Full Truck Load or (TL) or Less Than a Truck Load (LTL) services (see below).
Customer may secure additional liability coverage through our partnerships, by contacting us on our insurance contact page located on
My Express Freight. Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery
bill. Customer agrees that G. Katen & Partners will not be held liable for any loss, miss-delivery or non-delivery caused by the act,
default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or
any defect thereof. G. Katen & Partners will not be held liable for losses, miss-delivery or non-delivery caused by violation(s) by the
Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier's General Rules Tariff including, but
not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to
shipments not acceptable for transportation or shipments acceptable only under certain conditions.
G. Katen & Partners is not liable for losses, miss-delivery or non-delivery caused by the acts of God, perils of the air, public enemies,
public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or
mechanical delay or failure of truck, aircraft or other equipment. G. Katen & Partners is not liable for failure to comply with delivery or
other instructions from the Customer or for the acts or omissions of any person other than employees of G. Katen & Partners. Subject
to the limitations of liability contained in this Bill of Lading and the carrier's General Rules Tariff, G. Katen & Partners shall only be liable
for loss, damage, miss-delivery or non-delivery caused by G. Katen & Partner's, own gross negligence. G. Katen & Partners liability
therefore shall be limited to the fees that G. Katen & Partners has earned with respect to the specific shipment. Your LTL freight will be
insured by the motor carrier transporting your freight, at the default amount for your commodity and class per NMFTA guidelines and
the carriers tariff. Your freight may not be insured for its full value. You may purchase additional cargo insurance for the full value of
the freight through GHP at a rate of $.49 per $100 value; with a minimum charge of $65.