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the transportation Bills. A Shipper can be a Consignor, a Consignee, or neither. ¨ Carrier: A person or company who is a FMCSA authorized and insured Carrier or Trucking Company who transport a Load, Cargo or Freight. ¨ Backhauler: A Trucking Company domiciled nearest to the destination of any Load or Freight. ¨ Consignor: Is a person or company who creates the Bill of Lading and consigns the Load, Cargo or Freight to a FMCSA authorized and properly insured Freight Carrier or Trucking Company. The Load, Cargo or Freight is never in possession or in control of the coordinating Freight Broker. ¨ Consignee: Is a person or company who executes the Bill of Lading and terminates a consignment by counter sign the Bill of Lading. The Consignee is not a liable party during the entire time of the transport, except for any damage at the final point destination and/or delivery. ¨ First USA Trans: Is part of and nationwide network of a FMCSA authorized Property Broker and made its Cash, Finance Management and Freight Coordination Services with Integrity and Excellence available to 680,000 Shippers and 110,000 Carriers or Trucking Company throughout the United States. ¨ Broker: Is a person or company, who for compensation, arranges or offer to arrange the transport of properties by an authorized and insured Carrier or Trucking Company. The Broker is always the third party to a transaction and providing a service as requested to one of the other parties that they could not, or would not do for them self. ¨ Agent: Is a person or company who handles business for others. FMCSA authorized Freight Brokers and/or its Agents arrange transportation services, without having or providing an Agent relationship to the Shippers and/or the Carrier in any arranged and managed freight and shipping transaction. ¨ Agency: Is an Action or a Power and a FMCSA's authorized Broker can not be an Agent of a Shipper, a Carrier or a Trucking Company to transport Loads, Cargo or Freight, because such transaction could not be considered as a Broker service and would be an unlawful arms-length’s transaction. Business Conditions: Applicable when doing Business with the FMCSA' authorized Broker and/or First USA Trust, Corp., d/b/a First USA Trans and/or First USA Ltd.Co., thereafter called short only First USA and/or its affiliated partners in regards of ¨ Freight Coordination + Excellence + Integrity As a FMCSA authorized Broker's Agent, First USA Trust, Corporation, d/b/a First USA, a/k/a First USA and/or its affiliate Partners arranges and coordinates transports of Loads, Cargo or Freight between Shippers and properly FMCSA authorized and insured Carriers. The Broker and/or its Agents are never in possession or controls Loads, Cargo or Freight and no agency relationships exist with the Shipper or the Carrier. Therefore, First USA and its affiliated Partners acting as Broker and/or as Broker's Agent only and are not liable for the shipments of Loads, Cargo or Freight. Responsibilities for shipments, damage claims, not delivered goods, or other problems with shipments lies solely with the properly insured Motor Carrier. Carriers are subject to state and federal laws and regulations applicable to transportation of Loads, Cargo or Freight and are exclusively liable for any arranged shipment. All items shipped are covered under the carrier's limited liability coverage NMFC Item # 100240 Sub-01, with 10 cents per pound. Each Shipper may add additional insurance above the Carriers minimum insured amount. Carrier's actual insurance coverage, DOT - FMCSA Authorization and FEIN W-9 are obtained by the Freight, Transportation and Property Broker for the Shippers, before a Broker and Freight Transport Contract are valid. The Consignee, who receives a shipment, is responsible only for documenting the delivery of any of a shipment, Loads, Cargo or Freight, terminating the consignment by executing the Bill of Lading and for unforeseen damages during the unloading time at the final point of destination. Weight, dimensions and the actual services performed at any residential, or commercial pickup and/or delivery, including the class and type of items being shipped, along with any additional services initially requested, is the basis of the Freight Rate arranged and/or contracted by the authorized Broker, or an Agent of a Broker and accepted by the Shipper and the Carrier for each particular shipment of Loads, Cargo or Freight. If the final shipment and/or the services provided differ from the initial amount negotiated, additional charges may apply, and will be added on and charged to the Shipper. The Shipper is responsible and agrees to pay for the weight, dimensions and any additional services performed by a Carrier that actually apply, including the shipments addressing, preparation and packaging of Loads, Cargo or Freight. In the event of a cancellation, a refund will be provided, less 15% processing fee. Cancellations are not guaranteed, if the Carrier has already been dispatched for a pick-up at the time the cancellation request is made, received by the Broker and the Carrier. The Shipper is responsible for providing proper shipment forms at the point of origin or point of pick-up. Failure to do so may result in a twenty-five (25.00) dollar service charge. ¨ Invoices of Accounts Receivable for transported products, goods or services as arranged by the FMCSA authorized Broker and/or its affiliated partners are due as follows: a.) Services provided to existing businesses with approved credit at the time of the pick up of Loads, Cargo or Freight. b.) Services provided to existing business and none-commercial shippers without approved credit at the time before the pick up of Loads, Cargo or Freight. ¨ Invoices of Accounts Payable for transported products, goods or services as provided by Carriers are due and be paid after delivery of Loads, Cargo or Freight. Payments are considered as late, if the invoice amount is not paid by the Broker as agreed too in writing and after the Carrier's invoice, proof of delivery and/or Bill of Lading are received by the Broker. Carrier may elect to be paid within 24 hours of delivery and receipt of the before described shipping documents and with a percental deduction from the invoiced amount as agreed too in writing or by fax. First USA Trust, Corporation and its above named affiliated partners reserves the right, if an invoice is not honored and paid in a timely manner, to charge the maximum interest as allowed by the Law of the State, generally 0.05% per day, and all costs and fees associated with the collection of any unpaid balance, legal costs and collection fees. By accepting services from or through the FMCSA authorized Broker and/or of First USA Trust, Corporation, a/k/a , First USA Trans, and/or First USA Ltd.Co., short only First USA and/or its affiliated partners, the Shipper, Consignor, Consignee and/or other 3rd Party involved in a shipping transaction agrees hereby are simulaneousely responsible for and do accepts all properly issued Transport Invoices issued by the FMCSA authorized Broker and/or Trucking Division, including Finance Institutions, at the aforesaid fully explained Terms & Conditions, which are the sole basis for doing business with the authorized Broker, Carrier, First USA Trust, Corp.,First USA Ltd.Co. and/or its selected or partners companies. Copyright ©1995-2005 First |
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