FreightPal Inc ™
421 Penman Street, Suite 110,
Charlotte, North Carolina 28203
+1-844-FR8-PAL1
CREDIT APPLICATION – PAGE 1 OF 2
Company Name:
Address:
City: State: Zip:
Telephone: Fax:
Accounting Contact: DUNS No.:
Do you have an outside company process your payables? Yes No
Name: Tel: Contact:
(All information will be held in strictest confidence. Please return the completed application directly to FreightPal Inc)
Credit Line Requested: $ Payment Terms:
CBI Office Credit Applied For: ATL CLT MIA CHS
IRS/Fed Tax ID#:
Type of business:: Corporation Partnership Proprietorship
Years in business: Total number of employees:
Legal Filings: Bankruptcies: Judgments: Liens:
Officers: Name: Title:
Name: Title:
BANK REFERENCES: Note: If bank charges occur, they will be your responsibility.
NAME/BRANCH: TELEPHONE NO.: ACCOUNT NO.: CONTACT:
TRADE REFERENCES:
NAME: TELEPHONE NO.: ACCOUNT NO.: CONTACT:
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On behalf of the applicant: I hereby give written consent to FreightPal Inc to obtain credit information from any of the
references listed above. I certify that all the information on this form is correct and that I agree with the payment terms in
consideration of extended credit. I acknowledge receipt of FreightPal Inc’s governing Terms and Conditions of Service
herewith -- also available at [ www.freightpal.com ] -- and I agree the applicant will be bound by the same.
Date Signature Name Title
GOVERNING TERMS & CONDITIONS OF SERVICE CREDIT APP PAGE 2/2
7. Reliance on Information Furnished.
These terms and conditions of service constitute a legally binding contract between the ”Company” and In accepting data from Customer and submitting that Data to Third Parties, the Company relies on the
the “Customer” and shall apply, as may be amended from time to time, to all transactions by Customer correctness of all documentation, whether in written or electronic format, and all information furnished by
with or through Company. Customer; Customer warrants the correctness of all such information and shall indemnify and hold the
Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the
1. Definitions. Customer's failure to disclose information or any incorrect or false statement by the Customer upon
(a) "Company" shall mean FreightPal Inc as well as its respective subsidiaries, related companies, which the Company reasonably relied. The Customer has an affirmative non-delegable duty to disclose
agents and/or representatives; any and all information required to transport, import, export and/or enter the goods. Inaccurate or
(b) "Customer" shall mean the person for which the Company is rendering service, as well as its agents incomplete dimensions and/or weight information provided by Customer may result in additional charges
and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured to Customer. Customer shall be liable for all consequences of inaccurate or incomplete dimensions
parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk and/or weight information, which may include damages and/or penalties.
agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these
terms and conditions of service to all such agents or representatives; 8. Indemnification/Hold Harmless.
(c) "Documentation" shall mean all information received directly or indirectly from Customer, whether in The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or
paper or electronic form; liability arising from the importation or exportation of Customer’s merchandise and/or any conduct of the
(d) "Third Parties" shall include, but not be limited to, the following: motor carriers, air carriers, vessel Customer, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold
operators, freight forwarders, indirect air carriers, ocean transportation intermediaries, customs brokers, the Company harmless against any and all liability, loss, damages, costs, claims and/or expenses,
agents, warehousemen and other vendors to which the goods are entrusted for transportation, cartage, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or
consolidation handling and/or delivery and/or storage or otherwise. be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought
against the Company, it shall give notice in writing to the Customer by mail at its address on file with the
2. Scope of Services. Company.
The Company acts as a shipper’s-agent and/or property broker to arrange transportation and ancillary
services. For purposes of services performed under these terms and conditions, the Company is not a 9. Inspection Consent.
carrier or indirect carrier of any type and does not perform services as a “freight forwarder” as that terms Goods tendered for transportation may be subject to security controls by Third Parties and government
is defined at 49 USC § 13102(8) or any successor statute. These terms and conditions of service do not officials. The Customer expressly consents to searches / inspections / screenings of all goods in
comprise a contract for carriage and Company does not issue waybills or bills of lading. accordance with applicable Third Parties protocols, government security controls, security initiatives, and
administrative regulations, including, but not limited to, the regulations of the U.S. Transportation and
3. Engaged Third Parties and Liability of Third Parties Security Administration.
(a) Customer authorizes Company to select and engage Third Parties on Customer’s behalf pursuant to
the contractual terms of such Third Parties and/or pursuant to the contractual terms entered by 10. General Lien and Right to Sell Customer's Property.
Company with such Third Parties on Customer’s behalf, to which Customer will be bound in all Company shall have a general and continuing lien on any and all claim payments by third parties to
instances. Customer may request from Company the relevant contractual terms pursuant to which Third Customer and on any and all property of Customer coming into Company's actual or constructive
Parties are or may be engaged on their behalf. possession or control for monies owed to Company with regard to the goods on which the lien is
(b) Third Parties to whom goods are entrusted limit their liability pursuant to contractual terms and/or claimed, a prior shipment(s) of goods and/or both. Company shall provide written notice to Customer of
applicable law. In accordance with industry standards, the liability of Third Parties is typically limited to a its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going
nominal sum. Third Parties may assume greater liability if a value is declared in advance of shipment storage or other charges; Customer shall notify all parties having an interest in its goods of Company's
for the purpose of increased liability. In the absence of Customer declaring a value for increased rights and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, Customer
liability, or if Third Parties refuse declared value for liability, Third Parties will perform services subject to posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to
liability limitations inuring to their benefit under applicable law and/or contractual terms, which will apply 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies
to the transportation of Customer’s goods and to which Customer will be bound. owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such
(c) Customer is hereby given notice that the time-for-claim and time-for-suit against Third Parties is good(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded
limited pursuant to contractual terms and/or applicable law; Customer should make written exception at to Customer.
time of delivery and/or make written claim against responsible Third Parties immediately upon discovery
of any facts which could give rise to a claim in order to preserve rights against responsible Third Parties. 11. No Duty to Maintain Records for Customer.
Customer acknowledges that Company shall only keep such records that it is required to maintain by
4. Insurance for Goods. Statute(s) and/or Regulation(s), but not act as a "recordkeeper" or "recordkeeping agent" for Customer.
Rather than attempting to effect recovery against Third Parties under liability terms, Company
recommends that Customer insure its goods. Insurance opportunities may be available through Third 12. No Modification or Amendment Unless Written; Terms and Conditions Subject to Change.
Parties. Company is under no obligation to procure insurance through Third Parties on Customer's These terms and conditions of service may only be modified or amended in writing signed by both
behalf unless selected by Customer and confirmed by Company; in all cases, Customer shall pay all Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
premiums and costs in connection with procuring requested insurance. Any and all insurance coverage Company reserves the right to modify these Terms and Conditions from time to time and without notice.
shall be subject to the insurance policy’s insuring terms and conditions which will inherently include Transactions will be governed by the Terms and Conditions in effect at the time of the transaction, as
coverage restrictions, limitations and exclusions; Company makes no warranty or representations of may be verified online at [ www.freight-pal.com ]
insuring terms and conditions. Customer may request that Company obtain from Third Parties, and
provide to Customer, a copy of the insuring terms and conditions which are or may be applicable to 13. Special Power of Attorney
Customer’s goods. Customer authorizes Company to act for and on its behalf as true and lawful agent and attorney of the
U.S. Principal party in Interest (USPPI) for, and in the name, place, and stead of the USPPI, in the U.S.
5. Company’s liability; Dispute Resolution either in writing, electronically, or by other authorized means to: act as authorized agent for export
(a) As a shipper’s-agent in making transportation arrangements and providing ancillary services, control, U.S. Census Bureau reporting, and U.S. Customs and Border Protection purposes; also, to
Company has no carriage liability and is only liable for its independent negligence, errors and omissions prepare and transmit any Electronic Export Information (EEI) or other documents or records required to
for which it limits its liability to the lesser of US$50 per shipment or transaction in accordance with be filed by the U.S. Census Bureau, U.S. Customs and Border Protection, U.S. Department Commerce-
industry standards. Bureau of Industry and Security, or any other U.S. Government agency, and perform any other act that
(b) In no event shall Company be liable or responsible for any special, incidental or consequential may be required by law or regulation in connection with the exportation or transportation of any goods
damages. shipped or consigned by or to the USPPI, and to receive or ship any goods on behalf of the USPPI. The
(c) In no event shall Company be liable or responsible for damages attributable to circumstances of USPPI hereby certifies that all statements and information contained in the documentation provided to
Force Majeure. For purposes of these Terms and Conditions, Force Majeure includes, but is not limited Company and relating to exportation is and will be true and correct. The USPPI understands that civil
to, Acts of God, acts of public enemies, cyber criminals, laws and regulations, restraints of government, and criminal penalties may be imposed for making false or fraudulent statements or for the violation of
network outages, and any other causes of any type that are not reasonably within the control of any U.S. laws or regulations on exportation. Customer shall hold Company harmless from and shall
Company and that could not have been overcome by the exercise of ordinary diligence. Company shall defend and indemnify Company against any action or assessment by a governmental authority arising
notify Customer with reasonable promptness of the existence of any such Force Majeure and the from any breach by Customer of Customer’s export compliance obligations. This power of attorney is to
probable duration thereof, and shall provide Customer from time to time with correct information remain in full force and effect until revocation in writing is duly given by the USPPI and received by the
concerning same. Company.
(d) Company assumes no responsibility or liability for any action(s), inaction(s), error(s) and/or
omission(s) of Third Parties or their agents, and shall not be liable for any delay or loss of any kind, 14. Customer Credit and Compensation of Company.
which occurs while Customer’s goods are in the custody or control of a Third Party or the agent of a (a) Upon approved credit, payment terms to Company are net 30 days from invoice date. Customer,
Third Party; all such claims shall be brought solely against the Third Party or its agents. In connection shippers, consignees and bill-to parties are jointly and severally liable for the Company’s charges. The
with any Customer claim against a Third Party or its agent, the Company shall reasonably cooperate Company’s charges may be reversed to the responsible parties if a shipment of goods is refused or
with the Customer, which shall be liable for any charges or costs incurred by the Company in payment is not made by the original bill-to party.
cooperating. (b) The charges and compensation of the Company for its services shall be included with and is in
(e) In the event of a dispute between Customer and Company, Customer agrees it will be resolved addition to the rates and charges of all carriers and other agencies selected by the Company to transport
under California and U.S. law by binding arbitration in Los Angeles, California pursuant to the and deal with the goods and such compensation shall be exclusive of any brokerage, commissions,
Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a dividends, or other revenue received by the Company from carriers and others in connection with the
transportation and logistics background appointed in accordance with those rules. As such, both shipment of goods. Customer may request from Company a detailed breakout from Company of the
Customer and Company waive the right to have a trial by jury. Arbitrations will take place on an components of all charges assessed and a true copy of each pertinent document relating to these
individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a charges.
private attorney general are not permitted. Customer must make written claim against Company within (c) It shall be a condition precedent of liability of Company and/or Third Parties to Customer for any
ten (10) days of the transaction initiation date and Customer must make written demand to Company for claim, however arising, that Customer pay Company any and all charges owing Company relating to the
arbitration within one year of the transaction initiation date, or Customer’s claim shall otherwise be claimed transaction, a prior transaction, subsequent transaction or any combination thereof.
waived. (d) Company shall be entitled to a late fee of 1.5% per month (18% per annum). In any referral for
collection or action against the Customer for monies due the Company, upon recovery by the Company,
6. Quotations Not Binding. the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
Quotations as to fees, rates and/or charges given by the Company to the Customer are for informational
purposes only and are subject to change without notice; no quotation shall be binding until the 15. Severability.
transaction is confirmed. In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then
in such event the remainder hereof shall remain in full force and effect.