Haul Alot logistics cc (“Haul Alot logistics”) is an interstate freight broker, as registered and incorporated in the Republic of Namibia under company number cc/2019/02876.
Haul Alot logistics is not a motor carrier, freight forwarder or other type of carrier; but, rather operates solely as an interstate freight broker in arranging for the transportation of freight by authorized motor carriers.
The Terms and Conditions set forth herein shall apply to all shipments of goods that Haul Alot Logistics CC (hereinafter “Haul Alot Logistics ”) arranges to be transported by motor carrier.
>1.1 Applicability of Terms and Conditions By offering, tendering or referring freight to HAUL ALOT LOGISTICS to be arranged to be transported, all parties, whether such party is acting as a shipper, consignor, receiver, consignee, freight forwarder, broker, intermediary, 3PL, 4PL, carrier, freight agent or otherwise (all of which will be referred to hereafter for convenience as a “Customer”) acknowledge and agree that the terms and conditions set forth herein apply to any and all freight that Customer refers to HAUL ALOT LOGISTICS. While HAUL ALOT LOGISTICS will endeavor to send confirmation of tender of freight by written or electronic means (hereinafter a “Load Confirmation”) to Customer, which may incorporate by reference the terms and conditions set forth herein, the terms and conditions set forth herein shall nevertheless apply to all freight tendered or referred to HAUL ALOT LOGISTICS to be arranged to be transported, whether a Load Confirmation or other document or communication incorporates the terms and conditions set forth herein or not.
1.2 Acknowledgment of Broker Status By offering, tendering or referring goods to HAUL ALOT LOGISTICS, Customer acknowledges and agrees that HAUL ALOT LOGISTICS is an interstate freight broker; that HAUL ALOT LOGISTICS acts solely as an interstate freight broker (hereinafter “a broker”) in arranging for the transportation of freight by authorized motor carriers; and, that HAUL ALOT LOGISTICS does not operate, nor holds itself out to be, either a motor carrier, a freight forwarder, a 4PL, a shipper’s agent, a carrier’s agent, or any other type of entity, other than a broker and Third Party Logistics.
2.1 Arranging for Freight to be Transported via Motor Carrier HAUL ALOT LOGISTICS is an interstate freight broker operating pursuant to authority granted to it to do so. As a broker, HAUL ALOT LOGISTICS’s responsibility is limited to arranging for, but not actually performing, transportation of freight. Upon Customer’s offer, tender or referral of freight to HAUL ALOT LOGISTICS, if HAUL ALOT LOGISTICS agrees to seek to arrange for transportation of such freight, HAUL ALOT LOGISTICS will use its best efforts to arrange for such freight to be transported from its designated origin(s) to its appointed destination(s) by a motor carrier authorized to operate. HAUL ALOT LOGISTICS will confirm that any motor carrier with whom it arranges to haul Customer’s freight holds a current license and is authorized to operate as a motor carrier and that such motor carrier carries and has in place all insurance required to be carried under regulations for carriers of non-hazardous materials. HAUL ALOT LOGISTICS may, but is not required to, also take such other measures as HAUL ALOT LOGISTICS deems appropriate with respect to selection of motor carriers to transport Customer’s freight. HAUL ALOT LOGISTICS reserves the right to decline or refuse to arrange for the transportation of any freight.
2.2 Information Pertaining to Freight. Customer will provide HAUL ALOT LOGISTICS timely and accurate information regarding the subject cargo, including, but not limited to, pick-up and delivery locations, description of the cargo, including, but not limited to, type, dimensions, weight, special handling, temperature, storage, and/or security requirements, and other pertinent information regarding the cargo. All rate quotes and other pricing by HAUL ALOT LOGISTICS are prepared based upon the type of freight, dimensions and weight, and other information pertaining to the freight provided by Customer. Different equipment and different country and local laws will apply when the cargo to be moved exceeds certain width, length, height and/or weight limits or is of different type than that described by Customer. In such situations, the type of equipment necessary to complete the move can change and the costs of transporting the freight can increase substantially due to both changes in types of equipment and the need for over-weight/over-dimensional permits, pilot cars, pole cars, route surveys, specialized or alternative routing, restricted hours for transport, utility company support in moving or disconnecting overhead power lines, etc., state highway patrol support, local city planning support, and/or various other requirements (hereinafter “permit costs”). If the type of freight, actual weight or dimensions, or other handling requirements of the freight to be transported are different than originally represented to HAUL ALOT LOGISTICS, HAUL ALOT LOGISTICS reserves the right to add such costs, plus a reasonable mark-up on such costs, to the quoted amount to arrange for transportation of the freight.
2.3 Agreements with Carriers. HAUL ALOT LOGISTICS will endeavor in each case to enter into a written agreement with the carriers with whom it arranges to haul Customer’s freight, which, among other things, will define the roles and terms that HAUL ALOT LOGISTICS and such carrier will undertake with respect to such freight. Customer may request that HAUL ALOT LOGISTICS provides Customer with a copy the form agreement that HAUL ALOT LOGISTICS typically enters into with carriers, although Customer must recognize that the terms of HAUL ALOT LOGISTICS’s agreements with carriers may vary from time-to-time.
2.4 Payment to Carriers for Freight Charges. HAUL ALOT LOGISTICS will be responsible to pay each of the carriers with whom it arranges to transport Customer’s freight the appropriate amount of freight charges to be paid to such carriers. HAUL ALOT LOGISTICS and Carrier agree that all freight charge payments mutually agreed to in HAUL ALOT LOGISTICS’s payment system are final. HAUL ALOT LOGISTICS typically requires such carriers to agree in writing to waive and any all claims against Customer or others (other than HAUL ALOT LOGISTICS) for payment of freight charges and to agree that such carriers will look exclusively to HAUL ALOT LOGISTICS for payment of freight charges. HAUL ALOT LOGISTICS will indemnify and hold harmless Customer from claims for freight charges from any carrier with whom HAUL ALOT LOGISTICS arranges to transport Customer’s freight up to the amount of freight charges that HAUL ALOT LOGISTICS has agreed in writing to pay such carriers.
2.5 If HAUL ALOT LOGISTICS’s name is inadvertently or otherwise listed on shipping document as the carrier or in any capacity, other than as a “third-party bill to” party or as a broker, such listing shall be deemed to be for convenience only and shall not change, alter, modify or be construed to change or modify HAUL ALOT LOGISTICS’s role as an interstate freight broker only respect to any load of freight.
2.6 No Authority to Control the Means by which Carrier Performs Services. Customer acknowledges that HAUL ALOT LOGISTICS’s role is simply to arrange for transportation of freight by a licensed motor carrier. Neither HAUL ALOT LOGISTICS nor Customer has any right to control, nor will HAUL ALOT LOGISTICS or Customer control, the means by or manner in which any carrier engaged by HAUL ALOT LOGISTICS performs its functions in transporting and delivering the subject freight. The means and manner by which a carrier accomplishes the task of delivery the subject freight is in the carrier’s sole discretion. HAUL ALOT LOGISTICS cannot and shall not exercise any control over the manner in which a carrier performs its services or a carrier’s operations, nor does HAUL ALOT LOGISTICS retain any right to control or otherwise supervise a carrier or a carrier’s employees or other agents. A carrier engaged by HAUL ALOT LOGISTICS shall be solely responsible for any and all management, control, governance and discipline of such carrier’s employees, agents, owner/operators, and equipment; and HAUL ALOT LOGISTICS has no power or authority to hire or terminate the employment of any of a carrier’s employees or other agents. Even though HAUL ALOT LOGISTICS, Customer, shippers/consignors, consignees, or other persons or entities may from time-to-time provide a carrier with verbal or written instructions suggesting routes, types of equipment, methods of securing loads, methods of loading or unloading freight or other means of transporting and delivering the subject freight, such suggestions, if given, shall be for informational purposes only and the carrier shall retain the right to choose routes, times that the carrier will perform its services, employees, equipment to be used, methods of securing loads, methods of loading or unloading freight and all other means of transporting and delivering the freight. Even though a carrier may consider instructions, guidelines and/or other suggestions from HAUL ALOT LOGISTICS, Customer, shippers/consignors and/or consignees, the carrier shall remain ultimately responsible to choose and control the method of loading, unloading, and securing the load and transporting the load and will do so in a manner that the same may be loaded, transported, and unloaded safely without damaging the load or endangering the public or any person or entity.
2.7 Independent Contractor Relationship with Carriers. HAUL ALOT LOGISTICS’s relationship to any carriers with whom it arranges to transport Customer’s freight is and shall at all times be that of an independent contractor and no facts, agreements or other considerations shall be construed to be inconsistent with that status. No term or provision of any agreement with a carrier or any act or omission of HAUL ALOT LOGISTICS or a carrier shall be construed for any purpose to express or imply any joint venture, partnership, principal/agent, master/servant, fiduciary, employer/employee or other relationship between HAUL ALOT LOGISTICS and a carrier, other than that of an independent contractor relationship. No employees or other agents of a carrier shall be construed under any circumstance to be the employees, servants, or agents of HAUL ALOT LOGISTICS, Customer, the shipper/consignor, the consignee, or any “bill to” party. Neither a carrier, nor any of its employees or agents, shall have any authority to act on behalf of HAUL ALOT LOGISTICS or to alter in any manner any contractual or other relationship of HAUL ALOT LOGISTICS with Customer, shippers/consignors, consignees, or any other person or entity. Neither HAUL ALOT LOGISTICS, nor any carrier are authorized to use the formal name, any business or trade name or any derivative thereof, nor any trademark or service mark of the other or of any other company with which either HAUL ALOT LOGISTICS or a carrier may be affiliated. Any carrier that HAUL ALOT LOGISTICS arranges to transport any of Customer’s freight shall bear all costs of and shall provide all labor, wages, payroll, equipment, fuel, maintenance, insurance and payroll taxes and any other taxes, unemployment insurance, pensions, social security payments, workers’ compensation insurance, and all other costs associated with transportation of the subject freight and performance of such carrier’s transportation services. HAUL ALOT LOGISTICS shall not be liable for or responsible to pay any such costs. Neither HAUL ALOT LOGISTICS nor any carrier will hold itself out to be anything but an independent contractor with respect to each other and Customer shall not construe or assert HAUL ALOT LOGISTICS or any carriers to be anything but independent contractors with respect to each other.
3.1 HAUL ALOT LOGISTICS has no liability for any Cargo Loss or Damage or Delay Claims. Customer and any other parties holding or claiming any interest in freight that HAUL ALOT LOGISTICS arranges to be transported acknowledge and agree that HAUL ALOT LOGISTICS, being a broker, has no liability to any person or entity for any loss of or damage to any such freight and that HAUL ALOT LOGISTICS has no liability to any person or entity for any delay in delivery of such freight. Customer, for itself and any of its customers, vendors, shippers, consignors, receivers, consignees, others claiming a beneficial or other interest in any subject freight and any of their respective insurers, successors, and assigns, does hereby agree to look solely to any carrier arranged by HAUL ALOT LOGISTICS to transport any subject freight for recovery of any loss of or damage to such freight or delay in delivery of such freight and agrees to hold HAUL ALOT LOGISTICS harmless with respect to any claims for loss of or damage to any freight tendered to HAUL ALOT LOGISTICS or and to hold HAUL ALOT LOGISTICS harmless with respect to any claims for delay in delivery of any such freight. Customer, for itself and any of its customers, vendors, shippers, consignors, receivers, consignees, others claiming a beneficial or other interest in any subject freight, and any of their respective insurers, successors, and assigns, does hereby acknowledge and agree that HAUL ALOT LOGISTICS has not agreed (expressly, implicitly or otherwise) to be liable or responsible for loss of or damage to any subject freight and, Customer and any other persons or entities specifically acknowledge and agree that HAUL ALOT LOGISTICS is not liable or responsible for the loss of or damage to any subject freight or for delay in delivery of the same. HAUL ALOT LOGISTICS may, at HAUL ALOT LOGISTICS’s sole option, assist Customer or others in pursuing claims for loss of or damage to freight or delay in delivery of freight with the carrier; but, HAUL ALOT LOGISTICS shall not be subject to any liability for doing so or otherwise with respect to any such claim. If HAUL ALOT LOGISTICS does pay any amount to Customer or other interested party in connection with a cargo loss or damage or delay claim, HAUL ALOT LOGISTICS shall be deemed to have been assigned all of Customer’s and/or such other party’s rights and interests in such claim. In the event of a claim, Shipper must discuss the issue with the driver while they are on-site and before unloading the product. Shipper will call their Agent/ Representative at HAUL A LOT LOGISTICS before unloading the product, write notes describing the damage on the POD, and take pictures of the damaged product before it is unloaded. Shipper or Customer will email copies and pictures of all evidence of any claim that same day to admin@haulalot.com. Any claim filed that is missing any of this required information is subject to denial at HAUL ALOT LOGISTICS’s sole discretion.
3.2 Limitation of Liability for Any Loss, Damage or Delay Claim. Should any court or other tribunal find HAUL ALOT LOGISTICS to be liable for the loss of or damage to any freight that HAUL ALOT LOGISTICS arranges to be hauled despite the provisions of the foregoing section 3.1, then, in any such event or case or for whatever reason HAUL ALOT LOGISTICS may somehow be held or found to be liable for any claim for loss of or damage to freight or for delay in delivery of freight, any such liability of HAUL ALOT LOGISTICS shall be limited to a refund of the freight charges applicable to the specific load lost and/or damaged, unless a greater value has been declared reasonably in advance of pick-up of the subject freight (preferably forty-eight (48) hours in advance) and in writing and communicated directly to HAUL ALOT LOGISTICS (and not just to the carrier arranged by HAUL ALOT LOGISTICS) in advance and the President of HAUL ALOT LOGISTICS has specifically agreed in writing to the declared value and the rate for arranging for transportation of the load of freight has been increased accordingly and such increased amount is actually paid to HAUL ALOT LOGISTICS by Customer.
3.3 High Value Loads. Most carriers with which HAUL ALOT LOGISTICS arranges to transport freight carrier cargo loss and damage insurance in a certain amount, subject to various exclusions and deductible levels. Should Customer offer, refer or tender freight to HAUL ALOT LOGISTICS that is worth greater than the insurance cover of a Carrier, Customer shall give HAUL ALOT LOGISTICS notice of such greater value and the value of such freight in writing reasonably in advance (preferably forty-eight (48) hours in advance) of the requested pick-up date. HAUL ALOT LOGISTICS may, at its option, assist Customer in obtaining excess cargo insurance or shippers’ interest insurance where the cargo can be insured for amounts greater than the Carrier’s insurance cover; however, unless there is a written agreement signed by the President of HAUL ALOT LOGISTICS, together with a certificate of insurance or notice of increased insurance from the insurance company in advance, no such additional coverage shall be obtained or afforded and HAUL ALOT LOGISTICS shall not have any liability therefore or with respect to any loss of or damage to such freight. If, notwithstanding these Terms and Conditions, HAUL ALOT LOGISTICS is somehow found to be liable, its liability, if any, shall be limited as set forth in section 3.2 hereof.
3.4 Time-Sensitive Freight. As set forth herein, HAUL ALOT LOGISTICS shall not be liable for any claims for delay in delivery of freight. If Customer has freight that must be delivered in a time-sensitive manner, Customer shall notify HAUL ALOT LOGISTICS in writing of such fact in advance of pick-up of such freight and shall set forth in such writing the types of damages it anticipates suffering for delay in delivery, along with an estimate of damages to be suffered should delivery of such freight be delayed. HAUL ALOT LOGISTICS will endeavor to advise the carrier arranged to transport such freight of the time-sensitive nature of the freight; however, HAUL ALOT LOGISTICS shall not be liable for any delay in delivery of such freight and Customer’s sole remedy, if any, shall lie with the carrier. Customer acknowledges and agrees that neither Customer, HAUL ALOT LOGISTICS, or any other party involved in the movement will place requirements upon a carrier or request that a carrier meet a pick-up or delivery schedule that will or may require a carrier or its driver(s) to violate any laws relating to safety or which may require violation of any country statute, rule or regulation pertaining to safety, including, but not limited to, those pertaining to hours of service; and, that all such requests and requirements for pick-up and delivery will enable a carrier to operate its business and transport such load in a safe and prudent manner and in strict and full compliance with all statutes, rules, and regulations. In no event shall HAUL ALOT LOGISTICS be liable for any special, incidental, consequential or compensatory damages relating to any delay in delivery of a shipment. Additionally, if any failure or delay in pick-up or delivery of freight shall be the result of an occurrence or event that is outside of the control of HAUL ALOT LOGISTICS and/or the carrier(s) that HAUL ALOT LOGISTICS arranges to transport the freight, including, but not limited to, such causes as severe weather, fires, floods, natural disasters and catastrophes, highway accidents, roadway blockage, closures and/or re-routing, traffic congestion, fuel shortages, acts of God, war or enemy action, civil commotion, riots or insurrection, epidemics, re-routing, or other similar occurrences or event, neither HAUL ALOT LOGISTICS or the carrier shall have any liability for such failure or delay in service.
3.5 Hazardous Loads. Should Customer request that HAUL ALOT LOGISTICS arrange for transportation of freight that constitutes hazardous materials, Customer shall notify HAUL ALOT LOGISTICS of the same; and, Customer shall comply with all applicable laws and regulations relating to the transportation of hazardous materials. Customer shall further defend, indemnify and hold HAUL ALOT LOGISTICS 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.
3.6 Canceled Loads. If Customer requests that HAUL ALOT LOGISTICS arranges for a carrier to transport a load of freight and such load is subsequently canceled or delayed beyond the requested pick-up time and the carrier arranged by HAUL ALOT LOGISTICS has sent a truck or equipment or has otherwise incurred expenses in connection with such load, Customer agrees to pay to HAUL ALOT LOGISTICS the amount of costs and expenses incurred by such carrier, plus ten-percent (10%) of such amount. Customer acknowledges that HAUL ALOT LOGISTICS will pass along to such carrier ninety-percent (90%) of the amount paid by Customer to HAUL ALOT LOGISTICS.
3.7 Delay/Detention in Loading at Origin or Unloading at Destination. Carriers arranged by HAUL ALOT LOGISTICS generally allow a certain amount of “free time” (typically two (2) hours) for loading of freight at origin and unloading of freight at the destination. Customer shall defend, indemnify and hold HAUL ALOT LOGISTICS harmless for any amount of time in excess of the “free time” allowed by the carrier arranged by HAUL ALOT LOGISTICS for which such carrier is detained for loading, unloading, or otherwise at the origin or destination.
4.1 Payment Terms. HAUL ALOT LOGISTICS shall invoice Customer for its services in arranging for the transportation of freight in accordance with the rates and charges agreed to by HAUL ALOT LOGISTICS and Customer. All charges owing to HAUL ALOT LOGISTICS are due to be paid within twenty-one (21) days of the invoice date, without any deduction or setoff. HAUL ALOT LOGISTICS shall apply Customer’s payment to the invoice(s) specified on the remittance advice, if any. Otherwise HAUL ALOT LOGISTICS may apply payments to such invoice(s) or other amounts owing from Customer as HAUL ALOT LOGISTICS deems appropriate in its sole discretion. If any charges owing to HAUL ALOT LOGISTICS are not paid by the due date, interest shall accrue on the amounts owing at the rate of 1.5% per month. Customer shall also be liable to pay HAUL ALOT LOGISTICS for any and all costs incurred by HAUL ALOT LOGISTICS in collecting the amounts owing, including, but not limited to, reasonable attorney fees.
4.2 HAUL ALOT LOGISTICS Enforcement of Rights of Carrier. Should Customer fail to pay HAUL ALOT LOGISTICS the full amount owing to HAUL ALOT LOGISTICS within the time-period provided for herein and HAUL ALOT LOGISTICS has paid the carrier(s) with which it arranged for transportation of Customer’s freight, HAUL ALOT LOGISTICS shall be deemed to be subrogated to and to have received an assignment of all of the carrier’s rights under any other applicable documents or law to collect from any other potentially liable parties, including, but not limited to, any and all shippers, consignors, receivers, consignees, or other parties having a beneficial interest in the freight transported or the services provided. .
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5.1 Insurance obtained by HAUL ALOT LOGISTICS. Other than a broker’s security bond or trust fund, HAUL ALOT LOGISTICS is not required to carry any insurance pertaining to the services HAUL ALOT LOGISTICS provides hereunder.
6.1 Indemnification of HAUL ALOT LOGISTICS. Customer shall each defend, indemnify and hold HAUL ALOT LOGISTICS harmless against any claims, actions, damages and causes of action arising out of or relating to Customer’s negligent or other tortuous acts or omissions or arising out of or relating to Customer’s failure to fulfill any obligations it may have to hereunder or otherwise.
7.1 Independent Contractor Relationship . The relationship between HAUL ALOT LOGISTICS and Customer shall at all times be that of an independent contractor and nothing contained herein or otherwise shall be construed to be inconsistent with that status. No term or provision of this or any other agreement or any act or omission of either party shall be construed for any purpose to express or imply any joint venture, partnership, principal/agent, master/servant, fiduciary, employer/employee or other relationship between HAUL ALOT LOGISTICS and Customer, other than that of an independent contractor relationship. No employees or other agents of Customer shall be construed under any circumstance to be the employees, servants, or agents of HAUL ALOT LOGISTICS or any applicable carrier. Likewise, no employees or other agents of HAUL ALOT LOGISTICS shall be construed under any circumstance to be the employees, servants or agents of Customer, the shipper/consignor, the receiver/consignee, or any other party. Neither Customer, nor any of its employees or agents, shall have any authority to act on behalf of HAUL ALOT LOGISTICS or to alter in any manner any contractual or other relationship of HAUL ALOT LOGISTICS with its carriers, customers, shippers/consignors, receivers/consignees, vendors, or any other person or entity. Likewise, neither HAUL ALOT LOGISTICS, nor any of its employees or agents, shall have any authority to act on behalf of Customer or to alter in any manner any contractual or other relationship of Customer with its customers, carriers, shippers/consignors, receivers/consignees, vendors, or any other person or entity. Neither HAUL ALOT LOGISTICS, nor Customer, are authorized to use the formal name, any business or trade name or any derivative thereof, nor any trademark or service mark of the other party or of any other company with which either party may be affiliated, without express written permission to the contrary. Customer and HAUL ALOT LOGISTICS shall each bear all of their respective costs of and shall provide all labor, wages, payroll, equipment, insurance, payroll taxes and any other taxes, unemployment insurance, pensions, social security payments, workers’ compensation insurance, and all other costs associated with their respective businesses and arrangement for and transportation of the subject freight and performance of their respective services. Neither HAUL ALOT LOGISTICS nor Carrier will hold itself out to be anything but an independent contractor with respect to the other, nor will HAUL ALOT LOGISTICS or Customer assert that they maintain any relationship with the other that is different from that of an independent contractor.
7.2 Non-Exclusive Use. HAUL ALOT LOGISTICS is not restricted from providing freight brokerage or other services to persons or entities different from Customer; and, subject to the provisions hereof relating to Customer tendering freight directly to carriers which HAUL ALOT LOGISTICS has arranged to haul freight offered, tendered or referred from Customer, Customer is not restricted from offering, tendering, or referring freight to other brokers, freight forwarders, other logistics providers or motor carriers different from HAUL ALOT LOGISTICS.
7.3 No Control or Right of Control by HAUL ALOT LOGISTICS or Customer. Neither HAUL ALOT LOGISTICS nor Customer has the right to control nor shall either exercise any control over the manner in which the other performs its services hereunder or carries on their respective operations. Neither HAUL ALOT LOGISTICS nor Customer retains any right to control or otherwise supervise the other’s employees or other agents. Customer and HAUL ALOT LOGISTICS shall each be solely responsible for any and all management, control, governance, discipline, of their respective employees and agents; and, neither has any power or authority to hire or terminate the employment of any of the other’s employees or other agents.
8.1 Covenant to Not Tender Freight Directly to Carrier Introduced by HAUL ALOT LOGISTICS. Customer recognizes that HAUL ALOT LOGISTICS has spent substantial time, money and resources developing a reputation in the freight brokerage industry and developing business relationships with carriers through which it arranges transportation of freight of Customer and others and that HAUL ALOT LOGISTICS is providing a valuable service to Customer in arranging for transportation of Customer’s freight. Therefore, as part of the consideration for HAUL ALOT LOGISTICS arranging for the transportation of Customer’s freight, Customer agrees that for a period of twelve (12) months following the date of any load of freight for Customer that HAUL ALOT LOGISTICS arranged to be transported by a particular carrier, that Customer will not offer, tender or refer freight directly to that particular carrier, unless during the twelve (12) month period immediately preceding the first load of freight of Customer that HAUL ALOT LOGISTICS arranged to be hauled by that particular carrier, such carrier had hauled sufficient freight directly for Customer (and not arranged through HAUL ALOT LOGISTICS or another broker or other party). Should Customer violate the provisions of this section, Customer agrees to pay HAUL ALOT LOGISTICS, as liquidated damages, an amount equal to fifteen-percent (15%) of the gross amount that Customer has agreed to pay such carrier for transporting freight for Customer for a period of twelve (12) months following the date of the last load of Customer’s freight that HAUL ALOT LOGISTICS arranged to be transported by that particular carrier.
8.2 Confidential Information.Customer further agrees that it shall protect and keep confidential any and all non-public, confidential, or proprietary information of HAUL ALOT LOGISTICS, including, but not limited to, the identity of HAUL ALOT LOGISTICS’s carriers, carrier lists, freight and brokerage rates, pricing, freight volume requirements, or the like and that Customer shall not disclose the same, without the prior written approval of HAUL ALOT LOGISTICS.
9.1 Governing Law/Jurisdiction: Negotiations for the offering, tendering and/or referral of freight to HAUL ALOT LOGISTICS are be deemed to have been conducted within the Republic of Namibia. Accordingly, except to the extent (if any) that they are preempted by law, the laws of the Republic of Namibia shall govern the construction and interpretation of these Terms and Conditions and the dealings of Customer with HAUL ALOT LOGISTICS. Customer expressly submits to the jurisdiction of the Courts of the Republic of Namibia and agrees that jurisdiction and venue shall be proper in such Courts and Carrier waives any claim or defense that such Courts will be an inconvenient forum. 9.2 Remedies. In addition to any other remedies that may be available to HAUL ALOT LOGISTICS at law or in equity, all provisions of these Terms and Conditions may be specifically enforced, however, the failure of HAUL ALOT LOGISTICS to promptly enforce such provisions shall not be construed to be a waiver of HAUL ALOT LOGISTICS’s rights hereunder. In addition, Customer recognizes that the payment of damages hereunder may not fully compensate HAUL ALOT LOGISTICS for Customer’s breach of the provisions of these Terms and Conditions and that HAUL ALOT LOGISTICS will likely suffer irreparable harm from such a breach. Accordingly, Customer agrees that should it breach, violate, or threaten to breach or violate the provisions of these Terms and Conditions, that HAUL ALOT LOGISTICS will be entitled to injunctive relief prohibiting Customer’s breach, violation or continued breach or violation without the need of HAUL ALOT LOGISTICS having to post any bond in connection with such injunctive relief. If the shipper/consignor, consignee, Haul Alot Logistics customer or other person or entity pursues a claim for cargo loss, theft, shortage, damage or delay involving a shipment tendered to Carrier hereunder directly against Carrier and prevails in pursuing recovery for such a claim, such party shall be entitled to recover from Carrier its costs and attorney fees incurred in pursuing such action. 9.3 Miscellaneous. These Terms and Conditions and any Load Confirmations issued to Customer by HAUL ALOT LOGISTICS pertaining to a load for freight offered, referred or tendered to HAUL ALOT LOGISTICS constitute the entire agreement between the HAUL ALOT LOGISTICS and Customer pertaining to HAUL ALOT LOGISTICS’s arranging for the transportation of Customer’s freight and are intended to be a complete integration of terms and cannot be altered, except through a written agreement signed by the President of HAUL ALOT LOGISTICS. No other prior or contemporaneous agreements exist between HAUL ALOT LOGISTICS and Customer, except as set forth in these Terms and Conditions. If any term or provision hereof is held invalid or unenforceable by a court or tribunal of competent jurisdiction, such term or provision shall be deemed to be modified to be enforceable or, alternatively, shall be deemed to be severed here from, and shall not affect the remaining provisions hereof, which shall remain enforceable to the full extent allowed by law. The failure of either party to enforce a breach or waiver of any term, condition or provision hereof shall not be deemed to constitute a waiver of any subsequent failure or breach. These Terms and Conditions shall be binding upon and inure to the benefit of any successors and assigns of HAUL ALOT LOGISTICS and/or Customer.
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