|(Unless otherwise provided, this Item applies only for Logistics, as defined in Item 115 and shall be in addition to all other terms and conditions of the Tariff.)
- SERVICE. Subject to reasonable requests, Carrier may transport such merchandise as Logistics may tender to Carrier, excluding any prohibited merchandise or articles described in Carrier’s governing rules tariff. Additionally, the services by Carrier shall not include, and Logistics hereby agrees, represents and warrants that it shall not provide to Carrier, any freight that is destined to have any subsequent movement by any aircraft.
- COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Logistics hereby represents and warrants that it is duly and legally qualified to operate as a property broker and/or freight forwarder in accordance with Applicable Law and maintains all insurance coverage as required by Applicable Law.
- ADDITIONAL REPRESENTATIONS AND WARRANTIES OF LOGISTICS.
- Logistics warrants and represents that neither it nor its agents will represent its relationship with Carrier to be other than that of independent contractors;
- Logistics acknowledges and agrees that neither it nor its agents will represent to any third party that Logistics is authorized to bind Carrier or that Logistics is authorized to act on behalf of Carrier.
- Logistics warrants and represents that it will not tender any goods to Carrier hereunder if such tender would result in a breach of any understanding or agreement between Logistics and any Customer or other third-party. Specifically, Logistics warrants and represents that it will not tender any goods to Carrier which Logistics is prohibited from brokering or providing to third parties for transportation.
- Logistics represents and warrants that in the event any other motor carrier transports all or any portion of a shipment tendered to Carrier, for example, by way of an interline or interchange, Logistics shall be solely responsible for selecting such third party motor carrier.
- In the event that Logistics additionally holds authority from any regulatory authority to operate as a motor carrier, Logistics warrants and represents that any and all goods tendered to Carrier by Logistics hereunder shall be tendered pursuant to Logistics’ property broker and/or freight forwarder authority.
- DISPOSITION OF CLAIMS. Logistics expressly acknowledges and agrees that Carrier’s sole obligation with respect to cargo claims is owed to Logistics. As between Carrier and Logistics, Logistics hereby agrees, represents and warrants that it is solely responsible for any agreement or understanding with respect to cargo liability vis-à-vis the customers of Logistics (“Customer”). Logistics will indemnify and hold Carrier harmless from any claim made by any Customer or any third party claiming an interest in the goods tendered to Carrier by Logistics hereunder.
- REFUSAL OF SHIPMENT. In the event of refusal of a shipment by a consignee or in the event that Carrier, for any reason, is unable to deliver a shipment, Carrier shall notify Logistics. Carrier shall have reduced liability as a warehouseman for such shipments upon its placement of the shipment in a public warehouse or at its service center or storage facility. In no event shall Carrier’s liability as a warehouseman exceed the maximum liability limitation amount set forth in this Tariff.
- INSURANCE. Logistics represents and warrants compliance with all insurance filing requirements imposed by all applicable law.
- INDEMNIFICATION. Logistics shall indemnify, defend and hold harmless Carrier, including its respective officers, directors, agents, employees and parent, sister and other affiliated companies, from and against any and all claims, demands, losses, damages, costs and expenses (including reasonable attorney’s fees, costs and expenses incidental thereto), connected with or resulting from (i) violation of any local, state or federal law or regulation, (ii) breach of this Agreement or any representation or warranty contained herein, (iii) strict liability imposed by any law or regulation, (iv) injury to or death of any person; injury to property, or to natural resources; to the extent arising out of Logistics’ or its Customer’s (or its respective employees’ or agents’) negligent acts or omissions or willful misconduct in connection with the services requested by Logistics and provided by Carrier hereunder. Carrier shall provide Logistics with (1) written notice of any such claim; (2) sole authority and control over the defense and/or settlement of such claim; and (3) at Logistics’ request, such reasonable assistance and information as is available for the defense of such claim at Logistics’ expense.
- In no event will Carrier be liable for any consequential, indirect, exemplary, punitive or special damages of any nature whether or not such damages were known or foreseeable.