General Terms and Conditions
These General Terms and Conditions (“General Terms”) apply to all transportation services provided by OpenRoad Transportation, Inc.
1. Customer affirms that information furnished in this application is current and accurate. The term of this agreement will be for one (1) year and will automatically renew for successive one (1) year periods, unless terminated by either party by providing 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. OpenRoad Transportation, Inc. payment receiving terms are NET 30 days from invoice date, and a finance charge of 2% per month (24% APR) is added to accounts 30 days or more past due. If OpenRoad Transportation, Inc. uses a collection agency or attorney to collect any amounts due, Customer agrees to pay all associated collection costs, attorney fees, and court costs.
3. Customer affirms that it is solvent, is not currently a party to any bankruptcy proceeding, is not being dissolved or otherwise liquidating its assets, and can satisfy all financial obligations to OpenRoad Transportation, Inc. Customer affirms that there are no open judgments, suits, or liens against Customer.
4. Customer will promptly notify OpenRoad Transportation, Inc. of any material change in ownership.
5. OpenRoad Transportation, Inc. is a transportation broker only who arranges the transportation of freight by independent third-party motor carriers (“Contract Carriers”). Customer agrees that if OpenRoad Transportation, Inc. is listed on Bills of Lading, it is for convenience only and does not change OpenRoad Transportation’s status as a broker only.
6. Customer consents to OpenRoad Transportation, Inc. recording of phone calls for quality assurance and training purposes.
7. OpenRoad Transportation, Inc. may assist in processing claims for cargo loss, shortage, or damage, but Customer must file cargo claims with OpenRoad Transportation, Inc. within one (1) month from the date of such loss, shortage, or damage, which for purposes of this agreement will be the delivery date or, in the event of non-delivery, the scheduled delivery date. Customer will fully cooperate with OpenRoad Transportation, Inc. in processing Customer’s cargo claims. If OpenRoad Transportation, Inc. pays a claim, Customer automatically assigns any and all of its rights and interest in the claim to OpenRoad Transportation, Inc.
8. OpenRoad Transportation’s Contract Carriers are required to maintain cargo insurance in the amount of $100,000 per load. Customer will not tender loads valued in excess of $100,000 without first giving OpenRoad Transportation, Inc. sufficient written notice to arrange for increased insurance limits. Failure to provide such written notice prior to tender will result in Customer’s loads being insured to a maximum of $100,000.
9. The state courts located in Polk County, Oregon will have exclusive and irrevocable jurisdiction over and will be the exclusive and mandatory venue for any claim, counterclaim, dispute, or lawsuit arising in connection with any transactions, loads, or other business between OpenRoad Transportation, Inc. and Customer.
10. Customer agrees to indemnify, defend, and hold OpenRoad Transportation, Inc. harmless for Customer’s negligence, willful misconduct, and/or breach of this agreement to the fullest extent of the law. .
11. By signing below, Customer acknowledges that the individual executing this agreement has authority to do so and further authorizes OpenRoad Transportation, Inc. to contact each credit/bank reference provided.