1. Customer herby certifies that information furnished in this application is current and accurate. The term of this agreement shall be for one (1) year and shall automatically renew for successive one (1) year periods; provided, however that either party may terminate this agreement on 30 days written notice to the other party. If the parties continue to conduct business after termination, the provisions of this agreement will continue to apply.
2. Our Payment receiving terms are NET 30 Days from the invoice date.
3. Customer affirms that it is solvent, is not currently a party to any bankruptcy proceeding, is not being dissolved or otherwise liquidating it’s assets and can satisfy all financial obligations to Bally Logistics. Customer affirms that there is no open judgements, suits, or liens against the Customer.
4. Finance Charge of 1.5% per month (18%annum) added to accounts 30 days or more past due
5. If Bally Logistics utilizes the services of a collection agency or attorney to collect any amounts due, Customer agrees to pay all associated collection costs, attorney fees, and court costs.
6. Customer will promptly notify Bally Logistics of any change in ownership.
7. Customer understands that Bally Logistics is a transportation broker only who arranges the transportation of freight by an independent third party motor carrier. Customer agrees that Bally Logistics will not fill out Bills of Lading and cannot be listed on Bills of Lading as the delivering Carrier.
8. Bally Logistics records phone calls for quality assurance and training purposes.
9. In the event of cargo loss or damage, Customer must file a claim for the loss with Bally Logistics withing nine (9) months from the date of such loss, shortage or damage, which for purposes of agreement shall be the delivery date or, in the event of non- delivery, the scheduled delivery date. Customer agrees to assist Bally Logistics in the pursuit of a claim, including confirming the validity of the claim and claim amount with the documentation. If Bally Logistics pays a claim, Customer automatically assigns any and all of its rights and interest in the claim with Bally Logistics.
10. Customer understands motor carriers under contract with Bally Logistics are required to maintain cargo loss and damage liability insurance in the amount of $100,000.00 per shipment. By signing the below, Customer acknowledges that loads valued in excess of $100,000.00 will not be tendered without first giving written notice to allow Bally Logistics and/or contracted motor carrier the opportunity to arrange for increased insurance limits. Failure to provide written notice will result in your loads being insured with a maximum liability of $100,000.00
11. The state courts located in Boone County, Kentucky shall have exclusive and irrevocable jurisdiction and shall be the exclusive venue with respect to any claim, counterclaim, dispute or lawsuit arising in connection with any transactions, loads, or other business between Bally Logistics and Customer.
12. In the event Customer is negligent or breaches the terms of this Agreement and there is a resulting claim, lawsuit or damages asserted against Bally Logistics, it agrees to indemnify, defend and hold Bally Logistics harmless to the fullest extent of the law.
13. By signing below, Customer acknowledges that the individual executing this agreement has authority to do so and further authorizes Bally Logistics to contact each other and every credit/bank reference provided.