Customer understands and agrees that NTC Logistics is not a motor carrier or an employee or agent of a motor carrier. It does not physically transport freight. NTC Logistics is an authorized Broker. Customer authorizes NTC Logistics to act in its capacity as a Broker, and arrange, or offer to arrange, the transportation of freight by an authorized motor carrier.

 

As the Broker, NTC Logistics has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. NTC Logistics does not carry insurance for Customer.

 

NTC Logistics is not liable for cargo losses or claims, and Customer shall not pursue NTC Logistics or any of its employees, agents, representatives, affiliates, parents, or subsidiaries (collectively: “NTC Logistics”) in relation to the same.

 

Any insurance purchased for the benefit of Customer is purchased directly by the actual carrier of the freight. Customer shall pursue the actual carrier for its claims and acknowledges that its losses shall be subject to that carrier’s limitation of liability provisions (if any), which may be contained in the carrier’s tariff, terms and conditions, or contract with NTC Logistics.

 

Unless Customer negotiates for a higher value that is agreed to in a signed writing by an authorized representative of Broker, all load tenders to Broker shall be considered to have a value of $100,000 or less for purposes of carrier insurance.

 

NTC Logistics is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by the act, default or omission of the carrier, Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof.

 

NTC Logistics is not liable for losses, late-delivery or non-delivery caused by violation(s) by the Customer of any provisions contained in a bill of lading, contract, these Terms and Conditions, or the carrier’s tariff or terms and conditions, nor will NTC Logistics be liable for improper or insufficient packing, securing, marking or addressing, or for failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions.

 

NTC Logistics is not liable for losses, late delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment.

 

NTC Logistics is not liable for failure to comply with delivery or other instructions from Customer or for the acts or omissions of any person other than employees of NTC Logistics.

 

Subject to any applicable limitations of liability or defenses, NTC Logistics shall only be liable for loss, damage, mis-delivery or non-delivery caused by NTC Logistics own gross negligence. In such event, NTC Logistics liability shall be limited to the fees that NTC Logistics earned with respect to the subject shipment.

 

NTC Logistics makes no warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, with regard to deliveries or with regard to its website, information provided on its website or services related to transactions conducted on its website. NTC Logistics cannot guarantee delivery by any specific time or date.

 

In any event, NTC Logistics shall not be liable for any special, punitive, incidental or consequential damages, including but not limited to business interruptions and/or loss of profits or income, whether or not NTC Logistics had knowledge that such damages might be incurred.

 

Notwithstanding anything in these Terms and Conditions to the contrary, Customer acknowledges and agrees that NTC Logistics and the transporting carrier(s) will not be held liable for cargo loss, damage or delay occurring or arising in Mexico and if it is unclear whether such a claim arose in Mexico there will be a rebuttable presumption that loss, damage or delay arose in Mexico unless rebutted by Customer by clear and convincing evidence.

 

In the event of a loss, NTC Logistics will make reasonable efforts to provide Customer with the information necessary for Customer to file a claim with the transporting motor carrier or unaffiliated service provider. All cargo claims should be filed immediately and directly with the actual carrier or responsible party, with contemporaneous notice to NTC Logistics, to help ensure timely resolution.

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