These Terms and Conditions of Bill of Lading shall govern the relationship between Styline Logistics, Inc. (”Carrier”), the shipper of the goods (”Shipper”) and the Shipper’s consignees or recipients (”Recipient”) regarding the shipment of goods by Carrier for Shipper to the Recipient. 1. Scope of Services. Styline Logistics, Inc. will provide lawful and responsible transportation service to Shipper pursuant to these Terms and Conditions of Bill of Lading ("Terms and Conditions"). Shipper will tender Carrier freight for transportation to Recipient. Carrier shall be an independent contractor of Shipper. Carrier will deliver Shipper’s goods FOB from origin of pick-up to destination unless otherwise agreed. Carrier shall have the sole and exclusive control over the manner in which its employees and/or independent contractors perform the transportation service, including the equipment provided. The Agreement between Carrier and Shipper consists of these Terms and Conditions, including the Bill of Lading and the Shipping Rates Agreement.
2. Shipper's Terms and Conditions to Recipient. Upon request, Carrier will
deliver Shipper's Terms and
Conditions of Sale, or a similar document ("Shipper's Terms") to Recipient, but
in all such events, the
Shipper's Terms shall remain the sole and absolute obligation of Shipper to Recipient and Recipient to Shipper,
Carrier shall not be deemed a party thereto or be bound thereby.
3. Freight Documentation. The Freight Documentation form set forth as Styline Logistics Bill of
Lading may be utilized by Carrier and Shipper. These Terms and Conditions shall prevail over those
that form or any other form(s) used by Carrier and Shipper for the delivery of freight.
4. Indemnification. Shipper shall defend, indemnify, and hold Carrier and its
employees and agents
from and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses
(including, without limitation, reasonable legal fees) caused by and resulting from (i) the negligence or
intentional misconduct of Shipper, its employees, or agents, or (ii) Shipper's or its employees' or agents'
violation of applicable laws or regulations.
5. Legal Restraint or Force Majeure. In the event performance by one Party is
affected by any cause
the reasonable control of such Party, including without limitation, fire, labor strife, riot, war, weather
conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions to
transportation networks or operations, material equipment repairs, fuel shortages, governmental regulations, or
governmental request or requisition for national defense, and provided that the applicable cause is not
to the acts or omissions of such Party, and such Party is taking reasonable measures to remove or mitigate the
effects of the applicable cause, then the running of all periods of time mentioned herein and the performance of
obligations required herein shall be suspended during the continuance of such interruption, and such Party shall
promptly notify the other Party of such interruption. Such period of suspension shall not in any way invalidate
these Terms and Conditions, but on resumption of operations, any affected performance by such Party shall be
resumed. Carrier shall be permitted an extension period equal to the period of suspension to complete shipments
adversely affected by the suspension. No liability shall be incurred by either Party for damages resulting from
6. Business and Employment Opportunity. Shipper agrees to notify Carrier
twenty-four (24) hours before
tendering any load that would subject Carrier to regulation under any non-discrimination laws, rules, orders, and
regulations of governmental authorities, including, but not limited to, Title VII of the Civil Rights Act of 1964,
as amended, Executive Order 11246, and the rules and regulations promulgated thereunder, the Rehabilitation Act of
1973, and the Vietnam Era Veterans Readjustment Act of 1974. If Carrier accepts such a load, the Parties agree to
comply with any applicable non-discrimination laws, rules, orders, and regulations.
7. Governing Law. These Terms and Conditions shall have precedence over any
federal or state provisions
governing or dealing with the specific provisions of these Terms and Conditions. Pursuant to 49 U.S.C. §
14101(b)(1), Shipper expressly waives any and all rights and remedies under the Interstate Commerce Commission
Termination Act and Interstate Commerce Act as amended, and regulations promulgated thereunder, including Part B
Subtitle IV Interstate Transportation, 49 U.S.C. § 13101, et seq, (the "Acts")
that are inconsistent with
provisions of the Terms and Conditions. No Party shall challenge any provision of these Terms and Conditions on
ground that any such provision or provisions violates the waived rights and remedies under the Acts. To the extent
no conflicts exist with these Terms and Conditions or federal law, the law of the State of Indiana shall apply.
Agreement shall be construed in accordance with and governed by Indiana law, without regard to its conflict of law
principles. The Circuit or Superior Court of Dubois County, Indiana, or the U.S. District Court for the Southern
District of the State of Indiana in Vanderburgh County, Indiana, shall have exclusive jurisdiction over any
which arises under this Agreement, and each party hereby submits and consents to such Court's exercise of
8. Attorney Fees. In the event Shipper defaults in the performance or
observance of any of these Terms
Conditions, and Carrier employs attorneys to enforce all or any part of these Terms and Conditions, Shipper agrees
to immediately reimburse Carrier for the attorneys' fees incurred thereby, whether or not suit is actually filed.