Terms and Conditions Between GTI USA and Motor Carriers
These terms and conditions between GTI USA and motor carriers (“Rules”) applies to all shipments of commodities (“Goods”) for which GTI USA (“GTI USA”) engages the services of a motor carrier or freight forwarder (“Carrier”).
Carrier, by agreeing to perform transportation or related services ("Services"), is bound by these Rules and waives, pursuant to 49 U.S.C. § 14101(b) (1), any all rights and remedies that it may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions of these Rules.
GTI USA as Broker — GTI USA is a transportation broker, authorized by MC 855627 to arrange for transportation of Goods by Carriers.
Carrier — Carrier is licensed by the Federal Motor Carrier Association ("FMCSA") as a motor common carrier, motor contract carrier, or freight forwarder.
Scope — These Rules apply to all shipments tendered to Carrier by GTI USA or by third parties on behalf of GTI USA.
Incorporation of GTI USA/Customer Terms and Conditions/Rules — Carrier acknowledges that GTI USA and shippers, consignors, consignees, beneficial owners, and other parties requesting Services ("Customers") will have entered into agreements, either by execution of written contracts or by incorporation of GTI USA's tariffs. To the extent that those contracts and/or tariffs affect the rights and obligations of Carrier, Carrier is bound by those contracts and tariffs. GTI USA shall disclose to Carrier any applicable terms and conditions upon the written request of Carrier.
Safety Rating — By agreeing to perform Services, Carrier warrants that it does not have an “Unsatisfactory” safety rating as determined by the FMCSA.Services
6.1 Carrier must transport safely, promptly, and efficiently all shipments tendered to it by GTI USA.
6.2 Carrier, at its own cost and expense, must provide and maintain motor vehicles and other equipment used in providing its services, in good, safe, and efficient condition, and in compliance with all laws and regulations governing the maintenance and operation of such motor vehicles and other equipment.
6.3 Carrier will accept instruction for changes in delivery place or time from GTI USA only. If Carrier accepts change instructions from parties other than GTI USA, Carrier does so at its own risk and will forfeit its right to compensation for the shipment.
7.1 Carrier agrees to invoice GTI USA within ten (10) days of delivery of a shipment. Each invoice must include an original or legible copy of the signed bill of lading and the signed delivery receipt.
7.2 GTI USA agrees to pay Carrier in accordance with individual Rate Confirmations, if applicable, or otherwise as agreed in writing.
7.3 GTI USA may offset payments due to Carrier against payments owed from Carrier. Unless other payment terms are agreed to between the Parties, GTI USA will make payment to Carrier within thirty (30) days of receipt of an uncontested invoice.
7.4 GTI USA is the sole party responsible for payment of Carrier's charges. Carrier agrees not to seek payment from shippers, consignees, or any other parties.
7.5 Carrier, for itself and on behalf of all approved agents and subcontractors, waives any lien which may exist against Goods. Carrier shall not withhold delivery of Goods due to any dispute with GTI USA, a shipper, a consignee, or any other party.
No Back Solicitation
8.1 Acceptance by Carrier of a load offered by GTI USA will constitute Carrier's recognition that the shipper of the load is a customer of GTI USA.
8.2 Carrier agrees not to solicit, arrange for, or accept, directly or indirectly, loads from GTI USA’s customers from anyone other than GTI USA.
8.3 In the event of a breach of this provision, GTI USA will be entitled to a commission of 25% of the gross transportation revenue received by Carrier from GTI USA’s customer for a period of two (2) years after the last shipment subject to these Rules is delivered.
Bills of Lading, Documentation — Carrier must issue a bill of lading for each shipment and provide GTI USA with proof of acceptance and delivery of each shipment. The terms and conditions of any bill of lading or other freight documentation used by Carrier or its subcontractors will not supplement, alter, or modify these RulesCargo Loss, Damage, and Delay.
10.1 Except as otherwise provided in these Rules, Carrier is liable for loss, damage, or delay in connection with the Goods according to the provisions of 49 U.S.C. § 14706.
10.2 Carrier’s liability for loss, damage, or delay in connection with Goods is for full actual loss and may not be limited by contract or otherwise.
10.3 If Carrier receives a sealed trailer, Carrier must not allow the seal to be removed or compromised without authorization in writing from GTI USA or the owner of the Goods. Any failure to comply with this requirement will result in the Goods conclusively being deemed damaged in full.
10.4 All claims for loss, damage, or delay will be processed in accordance with 49 CFR Part 370, except that claims must be concluded within 60 days of receipt. If a claim has not been concluded within 60 days of receipt, GTI USA has the right to set-off the claim amount from money due Carrier.
10.5 Carrier shall not sell or attempt to sell any Goods that are the subject of transportation services governed by this Agreement.
10.6 If Carrier’s failure to deliver a shipment as agreed results in a charge-back against GTI USA or Customer, Carrier is liable for the amount of the charge-back.
10.7 Claims based on a concealed loss or damage, which are reported to Carrier within 15 days of the date of delivery, shall be treated by Carrier as if an exception notation had been made on the delivery receipt at the time of delivery.
No Lien — Carrier waives and relinquishes all rights it might otherwise have to impose a lien under state or federal law against the Goods and shall not otherwise withhold delivery of any Goods due to any dispute with GTI USA, shipper, consignee, or any other party.
Subcontracting — Carrier shall not broker, subcontract, or interline a shipment without the prior written approval of GTI USA. If Carrier does so without authority from GTI USA, neither Carrier nor the party performing services shall charge GTI USA or its customers for such services. In addition, whether or not Carrier has GTI USA’s prior written approval to broker, subcontract, or interline, Carrier will remain responsible and liable as if Carrier performed the services itself as a motor carrier.
Indemnification — Carrier shall indemnify, defend, and hold harmless GTI USA, shippers, consignees, and owners of the Goods, their officers, agents, and employees (“Indemnitees”) against any and all liability, claims, or expenses, including attorneys’ fees and other costs of defense, with respect to those claims relating in any way to Carrier’s, its employees’ or its subcontractors’ performance or failure to perform asserted against Indemnitees by any person or entity.
Insurance — At all times, at its own expense, Carrier will maintain the insurance specifed below. All insurance must be primary and required to respond and pay prior to any other available coverage.
14.1 Worker’s compensation insurance in statutory amounts;
14.2 Employer’s Liability insurance with limits of not less than $1,000,000;
14.3 Occurrence based commercial General Liability Insurance including blanket contractual coverage, with combined single limits of $1,000,000 for personal injury, including death, and $1,000,000 for each occurrence for property damage including: (i) Premises operation; and (ii) Contractual liability for the liability assumed by Carrier pursuant to any indemnification agreements between GTI USA and Carrier;
14.4 Occurrence based Truckers Policy or Automobile Liability Insurance with limits of $1,000,000 per occurrence, and Hazardous Materials coverage of not less than $5,000,000 per occurrence if Hazardous Materials are handled; and
14.5 Occurrence based cargo insurance with limits of liability of not less than $100,000 per shipment. Carrier's cargo insurance policy shall not exclude coverage for fraud, indelity, unattended vehicle, dishonesty, or criminal acts of carrier's employees or agents. If the policies include such exclusions, Carrier must obtain and provide GTI USA with proof of a fidelity policy.