LGI INC. Terms and Conditions
Logistics Group International, Inc. 30 Day Credit Terms & Conditions
By accepting certain brokerage services, the Client and Logistics Group International, Inc., (hereinafter referred to as "LGI"),
hereby agree to the following Standard Terms and Conditions, which supplement the existing Contract (the "Agreement"):
1. Brokerage Services. For compensation, LGI agrees to
arrange for the transportation of certain property, except household goods,
(hereinafter referred to as the "Goods") by an authorized motor carrier
in accordance with instructions provided by the Client (hereinafter referred
to as "Services").
2. Fees. For these Services, the Client agrees to pay LGI
its usual and customary fees, incidental expenses, storage or warehouse
fees, applicable tariffs and taxes.
3. Invoices. LGI shall deliver an Invoice to the Client
upon delivery of said Goods and said Invoice shall constitute prima facia
evidence of the debt that the Client owes LGI as compensation for the Services
rendered therein. The Client agrees to pay said Invoice upon receipt. LGI
shall consider the Invoice as past-due after the expiration of 30 days from
the date noted therein. The Client agrees to pay interest on any past-due
amounts at a rate of 1.5% per month.
4. Records. LGI shall keep a record of the transaction
for a period of three years. The record shall show: (a) the name and address
of the consignor; (b) the name, address, and registration number of the
originating motor carrier; (c) the bill of lading or freight bill number;
(d) the amount of compensation received by the broker for the brokerage
service performed and the name of the payer; (e) a description of any nonbrokerage
service performed in connection with each shipment or other activity, the
amount of compensation received for the service, and the name of the payer;
and (f) the amount of any freight charges collected by the broker and the
date of payment to the carrier. LGI may keep master lists of consignors
and the address and registration number of the carrier, rather than repeating
this information for each transaction.
5. LGI's Warranties. LGI represents and warrants that:
(a) it is a duly licensed Motor Transportation Broker, Docket No. MC449663,
arranging for transportation of freight (except household goods) by the
Federal Motor Carrier Safety Administration of the Department of Transportation;
(b) LGI shall use its best efforts to utilize economic and timely carriers
unless otherwise instructed by the Client; and (c) LGI is capable of meeting
any financially commitments.
6. Client's Warranties. The Client represents and warrants
that: (a) all information that the Client has or had provided to LGI to
secure any credit is true and correct; (b) the Client has title to the Goods
or is duly authorized to execute any required bill of lading.
7. Attorney Fees. In any legal action between the Client
and LGI concerning the Agreement, the prevailing Party shall be entitled
to recover reasonable attorneys fees and costs. In addition, the Client
agrees to pay LGI any costs incurred, including, without limitation, any
reasonable and necessary attorney fees, in the event that LGI is forced
to collect any past-due amounts.
8. Conditions Precedent. In the event of any claims, any
insurance coverage provided by LGI, if any, shall be secondary and subordinate
to the third-party carrier's insurance coverage. As a condition precedent
to any recovery by the Client, the Client must provide to LGI written notice
of any claims for loss, damage, injury, or delay arising from or relating
to any Services provided by LGI (the "Notice") within 9 months after the
delivery of said Goods, or in case of failure to make delivery, with within
9 months after a reasonable time for delivery has elapsed. Where the Client's
claims are not filed or the Client's suits not instituted in accordance
with the provisions herein, LGI shall not be liable for any claims.
9. Credit Verification Authorization. The Client hereby
authorizes LGI to verify any credit references and history. The Client hereby
authorizes any bank and trade references listed on any application for credit
to provide LGI with any information requested.
10. Standard Provisions. (a) The section headings contained
in this Agreement are for convenience only and shall in no manner be construed
as part of this Agreement; (b) the Client and LGI each agrees to perform
all further acts and to execute and deliver all further documents which
may be reasonably necessary to carry out the provisions of this Agreement;
(c) The waiver by LGI of a breach of any provision of this Agreement shall
not operate or be construed as a waiver of any subsequent breach; (d) In
the event that any of the provisions, or portions thereof, of this Agreement
are held to be unenforceable or invalid by any court of competent jurisdiction,
the validity and enforceability of the remaining provisions, or portions
thereof, will not be affected, and in lieu of such unenforceable provision
there shall be added automatically as part of this Agreement a provision
as similar in terms as may be valid and enforceable; (e) This Agreement
has been executed in and will be governed by the laws of The State of Texas;
(f) any action arising from or incidental to this Agreement shall only be
brought in Harris County, Texas; (g) This Agreement may only be amended
by the written consent of both the Client and LGI at the time of such amendment;
(h) a copy of these Standard Terms and Conditions shall be valid as the
original.
By signing below, the undersigned acknowledges, accepts, and agrees to Logistics Group International Inc. terms and conditions and certifies that the information given herein is true and correct. Please note signature must be by a company officer, owner, or principal.
Company Name:_________________________________
Officer's Signature:_______________________________
Date:__________________________________________
Please print name and title
Name:_________________________________________
Title:__________________________________________
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