1. Definitions
"Carrier" refers to Simmons Trucking & Hauling LLC. "Client" or "Shipper" refers to the individual or entity requesting transportation services. "Goods" refers to the cargo or freight tendered for transport.
2. Quotes and Rates
All price estimates are based on information provided by the Client. Final transportation contract costs may vary based on actual weight, dimensions, equipment requirements, fuel surcharges at the time of transit, and any additional accessorial charges incurred during delivery.
3. Payment Terms
Invoices are due within 30 days of the invoice date unless otherwise specified in a signed service agreement. Late payments are subject to a 1.5% monthly finance charge. Simmons Trucking & Hauling LLC reserves the right to withhold delivery or exercise a lien on freight for unpaid balances.
4. Transit and Delivery
While Simmons Trucking & Hauling LLC strives for 100% on-time performance, transit times are estimates and not guaranteed. Carrier shall not be liable for losses caused by delays resulting from weather, traffic, equipment failure, or acts of God.
5. Freight Claims
Visible damage or loss must be noted on the Bill of Lading at the time of delivery. Concealed damage must be reported within 48 hours. All claims must be filed formally within 9 months of delivery, supported by documented proof of value and damage.
6. Liability Terms
The Carrier's liability for loss or damage to freight is limited to $0.50 per pound or $100,000 per shipment, whichever is less, unless a higher value is declared in writing and an additional valuation fee is paid prior to transport. Simmons Trucking & Hauling LLC is not liable for consequential, incidental, or indirect damages.
7. Governing Law
This agreement shall be governed by the laws of the State of Mississippi. Any legal action relating to these terms shall be brought in the courts located in Yazoo City, MS.