Shipping Direct Shipper Application

Shipping Direct Shipper Application

Applicant Identification

Recitals

WHEREAS, Applicant Company: desires to obtain Direct Shipper status to enable the tendering and shipping of freight directly under the Carrier's delegated shipping account; and

WHEREAS, Carrier Provider: is willing to permit Applicant to act as a Direct Shipper subject to the terms, conditions and certifications set forth in this Application; and

WHEREAS, the parties agree that Applicant will comply with applicable safety, insurance and regulatory requirements and will be bound by Carrier Provider's shipping rules, tariffs and operational procedures when tendering shipments.

Scope of Work

Applicant shall be authorized to tender shipments as a Direct Shipper under Carrier Provider's account for the following commodities, packaging types, and geographic routes. Applicant represents that it will tender only commodities for which Carrier Provider has authorized carriage and for which Applicant has provided required documentation and compliance assurances.

Operating Authorities & Insurance

Applicant certifies that it possesses all required permits, licenses and operating authorities necessary to tender the shipments described above, and will maintain insurance coverage at or above the minimums specified below while using Direct Shipper privileges.

Payment Terms

Applicant agrees to the following payment arrangements for charges incurred under Direct Shipper activity:

Term and Termination

This Application and any resulting Direct Shipper authorization shall commence on the Effective Date and continue until the End Date unless earlier terminated in accordance with this section.

Effective Date: End Date:

Either party may terminate this agreement for cause upon material breach and failure to cure within the notice period, or immediately for insolvency, revocation of operating authority, or loss of required insurance.

Certifications and Representations

Applicant certifies that the information provided in this Application is true and correct. Applicant authorizes Carrier Provider to verify any information supplied, including credit and insurance data, and acknowledges that Carrier Provider may revoke Direct Shipper privileges upon discovery of false, misleading or incomplete information.

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party in connection with this Application and any resulting Direct Shipper authorization, including operational procedures, rates, shipment data and customer information. Confidential information shall not be used except to perform obligations under this agreement, nor disclosed to third parties except as required by law or as necessary to perform the services, provided that recipient imposes equivalent confidentiality obligations on such third parties.

Indemnity and Limitation of Liability

Applicant agrees to indemnify and hold Carrier Provider harmless from and against any claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising from Applicant's negligent or willful acts or omissions in tendering shipments, breach of this Application, or failure to comply with applicable laws. Carrier Provider's liability for loss or damage to cargo shall be limited as provided by applicable shipping terms and tariffs; unless otherwise agreed in writing, Carrier Provider is not liable for indirect, special or consequential damages.

Governing Law

This Application, its interpretation and any dispute arising out of it shall be governed by and construed in accordance with the laws of the jurisdiction selected by Carrier Provider and Applicant below. The parties submit to the exclusive jurisdiction of the courts in that jurisdiction for resolution of disputes.

Entire Agreement

This Application, together with any attachments, appendices and Carrier Provider's published shipping rules incorporated herein, constitutes the entire agreement between the parties with respect to Direct Shipper privileges and supersedes all prior agreements, proposals and understandings, whether written or oral, relating to the subject matter herein. Any modification must be in writing and signed by authorized representatives of both parties.

Attachments and Additional Information

Acknowledgement and Signature

By signing below, the signatory certifies under penalty of perjury that they are authorized to bind the Applicant to the terms of this Shipping Direct Shipper Application, that all information supplied is true and complete, and that Applicant agrees to comply with all terms, conditions, policies and operational requirements stated herein.

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