TERMS AND CONDITIONS

• “ATLFreight” implies and indicates ATLFreight.com, LLC., and their employees, agents or authorized representatives.
• “Customer” implies and indicates the cargo owner and any party who has engaged the services of ATLFreight, and their employees, agents or representatives and the cargo owner.

ACCEPTANCE — SEC. 1

• The act of tendering goods described herein for transportation, storage or other services, including but not limited to warehousing, import operations, export operations, or transport by ATLFreight shall constitute acceptance by the Customer of the terms and conditions set forth herein. ATLFreight.com reserves the right to update these Terms and Conditions at their sole discretion. It is the Customer’s responsibility to maintain awareness of ATLFreight’s current Terms and Conditions posted at www.atlfreight.com.

SHIPPING TO ATLFREIGHT– SEC. 2

• Customer agrees not to ship goods to ATLFREIGHT as the named consignee. If, in violation of this agreement, goods are shipped to ATLFREIGHT as named consignee, Customer agrees to notify carrier, with copy of such notice to ATLFREIGHT, that ATLFREIGHT is a warehouse and has no beneficial title or interest in such property. Customer further agrees to indemnify and hold harmless ATLFREIGHT from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention or charges of any nature, in connection with goods so shipped. Customer further agrees that, if it fails to notify carrier as required by the preceding sentence, ATLFREIGHT shall have the right to refuse such goods and shall not be liable or responsible for any loss, injury, or damage of any nature to, or related to, such goods.

TENDER OF GOODS TO ATLFREIGHT — SEC. 3

• All goods shall be delivered to ATLFREIGHT marked and packaged for handling.
• The Customer shall furnish at or prior to such delivery, a manifest showing marks, brands, or sizes to be kept and accounted for separately, and the class of storage and other services desired.

STORAGE PERIOD AND CHARGES — SEC. 4

• Long term storage charges are billed in advance on the first day of each month.
• All other charges will be billed in accordance with the customary practice or negotiated tariff of ATLFREIGHT.

TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS — SEC. 5

• Instructions to transfer goods on the books of ATLFREIGHT are not effective until delivered to and received by ATLFREIGHT in writing.
• All charges up to the time transfer is made are chargeable to the Customer of record.
• If a transfer involves additional handling of the goods, such additional handling will be subject to additional charges at ATLFREIGHT’s standard rates.
• Customer agrees that when ATLFREIGHT releases goods to Customer or its authorized representative, including any common carrier or Bailee engaged by Customer, that ATLFREIGHT will have no further obligation or responsibility to Customer or for the goods. A signed receipt to ATLFREIGHT without  exception as to loss or damage shall be conclusive evidence that the goods were not lost or damaged while in the possession of ATLFREIGHT.

DELIVERY REQUIREMENTS — SEC. 6

• No goods shall be delivered or transferred except upon receipt by ATLFREIGHT of complete written instructions. Written instructions shall include, but are not limited to, FAX, EDI, Email, or similar communication. However, when no negotiable receipt is outstanding, goods may be delivered upon instruction by telephone in accordance with a prior or pending written authorization, but ATLFREIGHT shall not be responsible for loss or error occasioned thereby.
• When Customer requests goods from the warehouse, a reasonable time shall be given ATLFREIGHT to carry out the applicable instructions, and if unable to do so because of acts of God, war, public enemies, seizure under legal process, riots and civil commotion, or any reason beyond ATLFREIGHT’s control, or because of loss or destruction of goods for which ATLFREIGHT is not liable, or because of any other excuse provided by law, ATLFREIGHT shall not be liable for failure to carry out such instructions.

EXTRA SERVICES (SPECIAL SERVICES) — SEC. 7

• Warehouse labor required for services other than ordinary handling and storage will be charged to the Customer at the customary rates or negotiated tariff rates of ATLFREIGHT.

LIABILITY AND LIMITATION OF DAMAGES — SEC. 8

• In consideration of the rate charged, it is agreed that the liability of ATLFREIGHT shall be that of an ordinary Bailee. ATLFREIGHT shall undertake to exercise reasonable care in the storage, transport and handling of the goods. ATLFREIGHT is not an insurer of the goods and will be liable only for loss or damage caused by the failure to exercise reasonable care in the storage, transport and handling of the goods and is noted on the delivery receipt at the time of delivery.
• Customer acknowledges that it should maintain its own insurance on its goods for loss or damage while in the possession of ATLFREIGHT.
• In the event that ATLFREIGHT fails, for any reason, to exercise reasonable care in the transport, storage or handling of the goods, Customer agrees that the liability of ATLFREIGHT shall be limited to $.50 cents per pound per Shipment not to exceed a maximum of $50.00 unless a higher value is declared by the Customer and rates for increased valuation paid by Customer in accordance with the standard rates of ATLFREIGHT.
• Where damage occurs to goods, for which the ATLFREIGHT is not liable, the Customer shall be responsible for the cost of removing and disposing of such goods and the cost of any environmental cleanup and site remediation resulting from the loss or injury of goods.

NOTICE OF CLAIM AND FILING OF SUIT — SEC. 9

• Claims by the Customer and all other persons must be presented in writing to ATLFREIGHT within a reasonable time, and in no event longer than 90 days after delivery of the goods or notification to the Customer that loss or damage to part or all of the goods has occurred, whichever time is shorter.
• No action may be maintained by the Customer or others against ATLFREIGHT for loss or damage to the goods stored unless such action is commenced within 90 days after delivery of the goods or notification to the Customer that loss or damage to part or all of the goods has occurred, whichever time is shorter.
• When goods have not been delivered or there is loss or damage to goods, notice may be given of known loss or damage to the goods by FAX, EDI, Email, regular mail or similar communication.

LIABILITY FOR CONSEQUENTIAL DAMAGES — SEC. 10

• ATLFREIGHT shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.

LIABILITY FOR MISSHIPMENT — SEC. 11

• If ATLFREIGHT negligently causes an incorrect shipment of Customers goods, through the sole fault of ATLFREIGHT it shall pay the reasonable transportation charges to redeliver the goods, up to $250.00.
• If the consignee fails to return the goods, ATLFREIGHT’s maximum liability shall be for the lost or damaged goods as specified in Section 8 above.
• In no event will ATLFREIGHT be liable for any associated costs, damages, chargebacks or expenses.

MYSTERIOUS DISAPPEARANCE — SEC. 12

• ATLFREIGHT shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless Customer establishes such loss occurred because of ATLFREIGHT’s failure to exercise the care required of ATLFREIGHT under Section 8 above and merchandise shortages are more than 10% of goods received by ATLFREIGHT. ATLFREIGHT shall be entitled to offset any overage on other items which are held for the account of Customer. Customer agrees that no shortage will constitute conversion in the absence of evidence that the goods were actually converted by ATLFREIGHT.

RIGHT TO STORE GOODS — SEC. 13

• Customer represents and warrants that Customer has lawful possession of the goods and has the right and authority to tender those goods to ATLFREIGHT.
• Customer agrees to indemnify and hold harmless ATLFREIGHT from all loss, cost and expense (including reasonable attorneys’ fees) which ATLFREIGHT pays or incurs as a result of any dispute or litigation, whether instituted by ATLFREIGHT or others, respecting Customer’s right, title or interest in the goods. Such amounts shall be charges in relation to the goods and subject to ATLFREIGHT’s lien.

ACCURATE INFORMATION — SEC. 14

• Customer will provide ATLFREIGHT with information concerning the goods, which is accurate, complete and sufficient to allow ATLFREIGHT to comply with all laws and regulations concerning the storage, handling and transporting of the goods. Customer will indemnify and hold ATLFREIGHT harmless from all loss, cost, penalty and expense (including reasonable attorneys’ fees) which ATLFREIGHT pays or incurs as a result of Customer failing to fully discharge this obligation.

SEVERABILITY and WAIVER — SEC. 15

• If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree or judgment of a court of competent jurisdiction, the remaining provisions of this receipt shall not be affected thereby but shall remain in full force and effect.
• ATLFREIGHT’s failure to require strict compliance with any provision of these terms and conditions shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of these terms and conditions.
• These terms and conditions shall be binding upon the Customer’s heirs, executors, successors and assigns; contain the sole agreement governing goods stored with the ATLFREIGHT; and, cannot be modified except by a writing signed by ATLFREIGHT.