Business to Business Logistics Application for Credit

COMPANY INFORMATION

Email for Transportation Contact

Please list all persons authorized to charge on your account:

Physical Address

Address

Billing Address

Address

Do you need PODs sent with Invoices
YesNo

Any other instructions for Invoicing?

Statements are sent out Bi-Weekly. If there are issues or problems with an invoice, please contact our Accounting Office right away. Christi Johnson 630-246-2611 Ext 231 accounting@shipbtb.com

Business to Business Logistics will assist you in filing a claim with the carrier if needed, However, we do not pay the claim ourselves.

TRADE REFERENCES

Reference #1

Reference #2

Reference #3

In lieu of filling out credit references we will accept your company sheet with references attached. However, all other information must be filled out and Credit Application signed and sent back to BTB Representative.

The information provided is for the purpose of obtaining an account and/or establishing credit with Business to Business Logistics. I certify that all information provided is correct. I understand your credit terms require payment within 15 days and agree to comply with those terms. By my signature I am authorizing the release of credit information for the references listed above.

In the event any third parties are employed to collect any outstanding monies owed by said business the undersigned agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred. The undersigned represents that he/she has the authority to execute this credit agreement on behalf of the business identified.

Business to Business Logistics L.L.C., Terms and conditions

(a) CUSTOMER SHALL COMPLY WITH ALL OF BROKER’S LOAD AND SERVICE VERIFICATION PROCEDURES. THIS MEANS, AMONG OTHER THINGS, THAT CUSTOMER SHALL MAINTAIN ADEQUATE, EFFECTIVE SAFEGUARDS AGAINST HACKING OF ITS INFORMATION TECHNOLOGY SYSTEMS, THEFT OF LOADS, FALSIFICATION OF DOCUMENTS, AND ANYTHING ELSE THAT COULD CAUSE A SHIPMENT TENDERED TO BROKER BY CUSTOMER TO BE DIVERTED OR STOLEN. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD BROKER HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES OR INJURIES (INCLUDING DEATH) CAUSED OR CONTRIBUTED TO BY CUSTOMER’S FAILURE TO COMPLY WITH THIS PARAGRAPH AND WITH BROKER’S VERIFICATION PROCEDURES.

(b) BROKER SHALL PROVIDE CUSTOMER WITH ALL DOCUMENTS AND OTHER INFORMATION (INCLUDING SECURITY PROCEDURES) TO AUTHORIZE CUSTOMER TO DELIVER SHIPMENTS TO CARRIERS SELECTED BY BROKER AND TO ENABLE THOSE PARTICULAR CARRIERS TO CONFIRM, WITH CUSTOMER, THAT CARRIERS ARE AUTHORIZED TO PICK THOSE SHIPMENTS UP FROM CUSTOMER. CUSTOMER’S FAILURE TO TENDER SHIPMENTS TO CARRIERS SELECTED BY BROKER SHALL VOID ANY OBLIGATIONS OF BROKER AND CARRIER TO CUSTOMER, AND CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD BROKER AND CARRIER HARMLESS FROM AND AGAINST ANY DIVERSION OF SHIPMENTS TO UNAUTHORIZED PARTIES.

(c) Payment of charges due 30 days from invoice date. A finance charge of 1-1/2% per month will be charged on all invoices outstanding after 15 days. Customer is responsible for all costs, expenses and fees (including attorney’s fees) incurred by Business to Business Logistics L.L.C. to collect past due amounts.

(d) THE UNDERSIGNED AUTHORIZES AND RELEASES ALL BANKS, CREDIT-REPORTING AGENCIES, PERSONS AND COMPANIES LISTED ON THIS APPLICATION TO FURNISH INFORMATION AND AUTHORIZES THE CHECKING OF CREDIT.

(e) Business to Business Logistics L.L.C. agrees to act only as a broker, as that term is defined in the Interstate Commerce Commission Termination Act, to arrange for motor carriers to provide service suitable for Customer's requirements. As a licensed broker, Business to Business Logistics L.L.C. will arrange for transportation of Customer’s freight by motor carriers that are authorized bo provide transportation and related services.

Business to Business Logistics L.L.C. does not itself performing the physical transportation of the Customer’s freight but only arranges for licensed motor carriers to transport that freight.

(f) Customer shall provide a full and accurate description of goods to be transported and any and all necessary directions for pickup, transportation, delivery and other services requested by Customer; shall properly pack, stow and prepare the goods in a manner suitable and appropriate for shipment; and shall mark the goods and packaging as required by any laws or regulations which may be applicable to the services being provided.

(g) Customer shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR Part 172. Customer is obligated

to inform Business to Business Logistics L.L.C. immediately if any such shipments constitute hazardous materials. Customer shall defend, indemnify and hold Business to Business Logistics L.L.C. harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws and regulations.

(h) Business to Business Logistics L.L.C. is not liable for freight claims. Customer agrees that all claims for goods shipped, goods damaged in transit, untimely shipments, and all other claims will be made against the carrier, and not against Business to Business Logistics L.L.C. Business to Business Logistics L.L.C. shall not be liable for any loss, damage, or delay caused by the carrier’s negligence, including the carrier’s willful misconduct or reckless disregard for the condition, safety, or timely delivery of the goods.

(i) The terms of any bill of lading or shipping manifest or other document issued in connection with any service performed for Customer shall be governed by these terms and conditions, which are incorporated into any bill of lading or shipping manifest or other document covering services performed for Customer. If there is a conflict between the terms of any bill of lading or other shipping document covering services performed for Customer, the terms of this Agreement, the terms of this Agreement control, even if any of those documents are prepared after the date of this Agreement.

(j) The liability of Business to Business Logistics L.L.C. to Customer shall that of a broker only; shall not be subject to the so-called Carmack Amendment, currently at 49 U.S.C. §14706; and shall be limited to a maximum of $2,000.00 for each shipment tendered to Business to Business Logistics L.L.C., or the amount actually paid by Customer to Business to Business Logistics L.L.C. for Business to Business Logistics L.L.C.’s charges for that particular shipment, whichever is less.

(k) In any event, the liability of Business to Business Logistics L.L.C. to Customer shall be only for Business to Business Logistics L.L.C.’s grossly negligent selection of a motor carrier to perform service under this Agreement.

(l) Neither party shall be liable to the other for incidental, consequential or special damages of any type.

(m) Business to Business Logistics L.L.C. shall not be liable for loss of or damage to the goods while the goods are in the care, custody or control of a motor carrier.

(n) BUSINESS TO BUSINESS LOGISTICS L.L.C. AGREES TO REQUIRE EACH CARRIER TO HAVE PUBLIC LIABILITY/PROPERTY DAMAGE INSURANCE IN THE AMOUNT OF $1,000,000.00 AND CARGO LIABILITY INSURANCE IN THE AMOUNT OF $100,000.00. THE LIABILITY OF ANY CARRIER SELECTED BY BUSINESS TO BUSINESS LOGISTICS L.L.C., TO PROVIDE SERVICES UNDER THIS AGREEMENT SHALL BE LIMITED TO A FIFTY CENT ($.50) PER POUND PER ARTICLE, WITH A MAXIMUM LIABILITY OF $100,000.00 PER SHIPMENT, UNLESS CUSTOMER ADVISES BUSINESS TO BUSINESS LOGISTICS L.L.C, AT LEAST 3 DAYS IN ADVANCE OF SHIPMENT, THAT A HIGHER LEVEL OF LIABILITY IS REQUIRED FOR THAT CARGO AND PAYS THE ADDITIONAL VALUATION CHARGES ASSESSED BY THE CARRIER.

(o) Within the limits of liability stated above, Business to Business Logistics L.L.C. and Customer each defend, indemnify and hold harmless the other party from and against all loss, damage, expense, including injury resulting in death, and damage to property arising out of or in connection with the indemnifying party’s or its agents’ or employees’ failure to observe, enforce or comply with any duties, responsibilities, terms or conditions in this Agreement, including loading, handling, transportation, unloading or delivery of any shipment or in any other way related to the indemnifying party’s or its agents’ or employees’ acts, omissions or performance of their respective obligations under this Agreement.

(p) Customer shall file all claims with the motor carrier that allegedly lost, damaged or destroyed all or any part of Customer’s shipment, and Customer shall deliver to the motor carrier responsible for responding to that claim all of the documents relating to any claim filed by Customer involving service under this Agreement. Customer shall look exclusively to that motor carrier for payment or other resolution of that claim. Business to Business Logistics L.L.C. agrees to assist Customer in prosecuting claims, but the ultimate responsibility for handling and paying or denying that claim shall be with the motor carrier.

(q) As a condition precedent to recovery of any claims against Business to Business Logistics L.L.C., those claims must be filed in writing with 90 days after delivery of the goods, or, in case of failure to make delivery, then within 120 days after tender of the shipment to a motor carrier. Lawsuits on such claims shall be instituted against Business to Business Logistics L.L.C. only within 1 year from the date of the tender of the shipment to the motor carrier.

Personal Guarantee

IF APPLICANT IS A CORPORATION, A LIMITED LIABILITY COMPANY OR ANOTHER TYPE OF ENTITY:

In consideration of the agreement of Business to Business Logistics L.L.C., to extend credit to the entity listed above, (I)(We) personally guarantee payment in full of all obligations of the entity listed above, including all invoices from Business to Business Logistics L.L.C., all charges for services performed or goods delivered by Business to Business Logistics L.L.C., all unpaid balances, finance charges, costs, fees (including attorneys’ fees) and expenses. This is a guaranty of payment and not only a guaranty of collection, so (I)(we) agree that if any invoices or charges from Business to Business Logistics L.L.C. are not paid, Business to Business Logistics L.L.C., may collect those invoices or charges directly from (me)(us), without having to file suit against the entity listed above.