ArcBest LTL Brokerage Booking Request Terms and Conditions

ArcBest is in the business of arranging transportation of property by third-party motor carriers and holds authority from the Federal Motor Carrier Safety Administration to engage in operations as a transportation broker of general commodities (except Household Goods) in interstate or foreign commerce for ArcBest customers (“Shipper”). ArcBest and Shipper may be referred to herein individually as a “Party” and collectively as the “Parties.” Shipper understands and acknowledges that (1) ArcBest is not a motor carrier, (2) ArcBest is a broker which arranges for the transportation of freight by third-party motor carriers, and (3) ArcBest intends to engage and use the services of one or more Carriers (as defined below) for purposes of satisfying obligations under these Terms and Conditions.

By tendering freight to ArcBest, Shipper agrees to be bound by these Terms and Conditions, the National Motor Freight Classifications (NMFC), and the Carrier’s tariff, terms, conditions and rules maintained at Carrier’s general offices in effect on the date of shipment and available to Shipper upon request. If shipments tendered to ArcBest are transported by ABF Freight, the ABF Freight 111 Rules Tariff shall apply.

Shipper and ArcBest enter into these Terms and Conditions in accordance with 49 U.S.C. § 14101(b)(1) and expressly waive any and all rights and remedies that each may have under 49 U.S.C. § 13101 through § 14914 that are contrary to the specific provisions of these Terms and Conditions. In addition, Shipper specifically waives any rights Shipper may have under 49 C.F.R. § 371.3.

AGREEMENT

SERVICE. ArcBest agrees to arrange for LTL transportation of Shipper’s freight (“Goods”) under LTL brokerage spot quotes by third-party motor carriers (“Carrier(s)”) in compliance with all federal, state, and local laws and regulations.
NO EXCLUSIVITY. Shipper is not restricted from tendering freight to other brokers, freight forwarders, third-party logistics providers, or directly to motor carriers. ArcBest is not restricted from arranging transportation of freight for other parties.
SHIPPER RESPONSIBILITIES.
1. Compliance with Laws. Shipper warrants that it is the beneficial owner or agent authorized to bind the beneficial owner with respect to these Terms and Conditions. Furthermore, Shipper warrants and represents that Shipper is in compliance with all laws, regulations and requirements applicable to Shipper’s business and requested Services. Shipper is responsible for complying with all applicable export and import laws and regulations. In the event of a judicial or administrative determination that Shipper has failed to comply with any applicable law, regulation or requirement, Shipper agrees to pay expenses, including attorneys’ fees, litigation costs, fines, and penalties, incurred by ArcBest or Carriers directly related to Shipper’s failure to comply with such laws, regulations, or requirements.
  1. Compliance with Food Safety Laws. If applicable, Shipper must comply and ArcBest will contractually require the Carrier to comply, with all applicable laws and regulations governing the safe and secure transportation of food products that will be ultimately consumed by humans or animals, including those required by local, provincial, state and federal laws, regulations, ordinances, and rules including, but not limited to, the Food Safety Modernization Act (21 U.S.C. § 2201, et seq.), the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 341, et seq.), the Sanitary Food Transportation Act (49 U.S.C. § 5701, et seq.), the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900, et seq.) and all applicable U.S. Department of Agriculture and Food Safety and Inspection Service regulations but only as they apply to food that is completely enclosed by a container that does not require refrigeration for food safety. Shipper will not assign any of the responsibilities of “shippers”, “loaders”, or “receivers” as defined in the above laws and regulations to ArcBest.
  2. Hazardous Materials. Shipper must comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 C.F.R. § 172.800, § 173, and § 397, et seq. to the extent that any shipments constitute hazardous materials. Shipper is obligated to inform ArcBest immediately if any such shipments constitute hazardous materials. Shipper shall defend, indemnify, and hold ArcBest harmless from any penalties or liability of any kind, including reasonable attorney fees, arising directly out of Shipper’s failure to comply with applicable hazardous materials laws and regulations.
2. Shipper Written Instructions.
  1. Shipper must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. Shipper will not tender any prohibited or restricted commodities or commodities requiring protection from heat or cold, without properly identifying such shipments and making necessary prior arrangements for transportation.
  2. At the time of booking, and prior to loading the Goods, Shipper must further specify in the booking request and on the face of the bill of lading all instructions to be followed by the Carrier to maintain the safety of the Goods(“Written Instructions”). ArcBest will assist Shipper in providing any Written Instructions to the Carrier transporting Shipper’s Goods.
3. Cargo Loading and Securement.
  1. Shipper is responsible for ensuring that Goods are properly and safely packaged and loaded. If Carrier is not allowed on the dock during loading, Shipper is responsible for ensuring that Goods are supported, blocked, braced, and secured. If Shipper is loading the Goods into the motor vehicles, Shipper must inspect the vehicle or other transportation equipment provided by the Carrier, to ensure it meets the requirements specified in the Written Instructions and is in an appropriate sanitary condition for transporting the Goods.
  2. Shipper must reject any equipment that is not in apparent suitable condition to protect and preserve the Goods during transportation. Vehicles and other transportation equipment used to transport the Goods will be deemed acceptable to Shipper upon loading. Shipper’s failure to fulfill the obligations under this section will be considered an act or default of the Shipper, and a defense to any cargo claim resulting from the condition of the trailer.
4. Mitigating Damages. None of the provisions in these Terms and Conditions in any way limits Shipper’s obligation to mitigate damages, including by salvaging all portions of a shipment for which there is a secondary market.
ARCBEST’S RESPONSIBILITIES.
1. ArcBest will select Carriers, using the following criteria:
  1. Verifying the Carrier’s operating authority (state and/or federal).
  2. Verifying the Carrier’s insurance coverage, with coverage not less than:
    1. $1,000,000 per occurrence for Automobile/Trucker Liability;
    2. $100,000 per occurrence for Motor Truck Cargo Liability;
    3. $1,000,000 Employer’s Liability for any one incident;
    4. $1,000,000 Commercial General Liability; and
    5. Statutory limits for Workers’ Compensation.
2. ArcBest will require that each Carrier providing transportation services agree:
  1. That it is and shall remain duly and legally licensed under applicable state, provincial, and federal law to provide transportation services, that it does not have a conditional or an unsatisfactory safety rating issued by the United States Department of Transportation or any state or provincial authority with jurisdiction over its operations and that it will comply with all applicable federal, state, provincial and local laws;
  2. That it is performing services pursuant to contract; and
  3. That it will obtain a receipt showing the kind and quantity of product delivered to the consignee of each shipment at the destination.
INCIDENTAL, CONSEQUENTIAL, AND OTHER INDIRECT DAMAGES. Neither ArcBest nor Carriers shall be liable and each hereby disclaims responsibility, for any indirect, incidental, special, punitive, consequential, or multiplied damages, or other indirect costs, lost profits, chargebacks, fees, charges, or delays of any kind, whether or not foreseeable or disclosed. Additionally, no breach of these Terms and Conditions, whether material or immaterial, or material deviation will extend ArcBest’s or Carriers’ liability beyond the limitations specified herein.
RECEIPTS AND BILLS OF LADING. Shipper’s insertion of ArcBest’s name on the bill of lading will be for Shipper’s convenience only and will not change ArcBest’s status as a property broker. The terms and conditions of any freight documentation used by Shipper or Carrier will not supplement, alter, or modify these Terms and Conditions.
PAYMENTS. All rates, charges or other amounts are stated and payable in United States currency unless otherwise stated on the ArcBest invoice. All amounts and charges contained herein, or in any other ArcBest documentation relating to the terms and conditions of its services, are denominated in United States dollars unless otherwise stated. Any applicable exchange rates will be determined based on the date of pickup.

ArcBest accepts American Express, Master Card and Visa credit cards and Electronic Fund Transfers (EFT) for all shipments. Credit card payments must be made at time of booking. Additional charges may be separately charged to the credit card if the shipment characteristics or services required changed from the original booking. The Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer's shipment. These charges and adjustments, if any, will be automatically debited to the Customer's credit card or bank account. The Customer is permitted fifteen (15) days from the date of the adjustment to dispute the charge(s). If the Company does not receive a dispute within the allowable thirty (30) days, the disputed item will be denied by the Company.

If credit terms are offered, the Customer is subject to credit approval and the Company's continued approval. The Company may change credit terms and may establish, revise, and/or revoke a credit limit at any time when, in the Company's opinion, the Customer's financial condition, previous payment record, and/or the nature of Company's relationship with Customer so warrants. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed payment terms.

On certain business to business credit card payments, a two percent (2%) handling surcharge will be applicable on all service fees and charges. This rate is the same or lower than our cost of acceptance, and it is applicable to all credit card brands. There is no applicable surcharge for other types of payment, such as ACH, check or wire transfer. If you have any questions or need additional information, please contact us at 844-216- 6256. For any disputes arising from the credit card surcharge, the laws of the State of Arkansas, without regard to its principles on conflicts of laws, shall interpret and govern exclusively such dispute.

In the event ArcBest acquires the use of an outside collection agency and/or attorney to effect collections will be subject to a collections handling fee of thirty percent (30%) of the unpaid amount. If the payor of the freight charges is unable or unwilling to pay for the service, the charges will be assessed against the party requesting services. Customer is responsible for all fees and costs, including reasonable attorneys’ fees, litigation costs and collection agency fees, incurred by ArcBest in enforcing collection of payments for unpaid invoices.

ArcBest shall have a general and specific lien as well as rights of a secured party under the applicable Uniform Commerce Code on all shipments for the payment of past and present freight charges. For additional payment terms and conditions see tariff ARC 111 series (available at www.arcb.com/arc111).
CLAIMS.
1. Cargo Claims. ArcBest is acting as a broker, not a motor carrier or freight forwarder, and has no liability for loss of or damage to Goods. ArcBest shall require Carrier to assume the liability of a motor carrier (i.e. Carmack Amendment liability) for loss of or damage to the Goods while in transit, subject to a maximum liability of $100,000 per shipment unless otherwise agreed to in writing between the Parties subject to all liability limitations contained in Carrier’s rules tariff. Shipper acknowledges that liability is limited in consideration of a lower rate than would otherwise be applicable and that Shipper has the option to request excess liability coverage at the time of booking. Shipper must file claims for cargo loss or damage with ArcBest or Carrier within 9 months from the delivery date or, in the event of non-delivery, the scheduled delivery date. Shipper must file any civil action against Carrier in a court of law within 2 years from the date Carrier or ArcBest provides written notice to Shipper that any part of the claim is disallowed. Upon request, ArcBest will assist Shipper in the filing and/or processing of claims with Carrier (claims may be submitted at https://arcb.com/tools/claims.html). If payment of a claim is made by ArcBest to Shipper, Shipper automatically assigns Shipper’s right and interest in the claim to ArcBest.
2. All Other Claims. The Parties shall notify each other of all known material details of any claims within 60 days of receiving notice of any claims other than cargo loss or damage claims and shall update each other promptly thereafter as more information becomes available. Civil actions must be commenced within 2 years from the date either Party provides written notice to the other Party of such a claim.
3. Limit of Liability. ArcBest’s aggregate liability to Shipper or any third party for all claims, losses, and damages related to the Services and any loss or damage to Goods for which shipment is arranged by ArcBest, whether based on an action in contract, equity, negligence, tort, statute, or other theory, will not exceed an amount equal to the total charges paid to ArcBest for the Service or shipment. The Parties agree that the foregoing limits shall apply even if ArcBest is found to be acting as a motor carrier or freight forwarder.
INSURANCE. ArcBest agrees to procure and maintain at its own expense, at all times during the term of these Terms and Conditions, the following insurance coverage amounts:
1. General Liability: $1,000,000;
2. Cargo Insurance: $100,000; and
3. Workers’ Compensation: Statutory Limits.
SURETY BOND. ArcBest shall maintain a surety bond or trust fund agreement as required by the FMCSA in the amount of at least $75,000 or as otherwise required by the FMCSA and furnish Shipper with proof upon request.
INDEMNIFICATION. Shipper must defend, indemnify, and hold ArcBest, ArcBest’s employees and agents and Carriers harmless against any losses caused by or resulting from (i) Shipper’s or Shipper’s employees’ or agents’ negligence or intentional misconduct, (ii) Shipper’s breach of these Terms and Conditions, or (iii) Shipper’s or Shipper’s employees’ or agents’ violation of applicable laws or regulations. Shipper must also indemnify ArcBest from any attempts to recover from ArcBest by Shipper’s insurance carrier or any other party. The obligation to defend includes payment of all reasonable costs of defense, including attorney fees, as they accrue. Shipper may not enter into any third-party agreements that would, in any manner whatsoever, constitute an admission of fault by ArcBest or bind ArcBest in any manner, without ArcBest’s prior written consent.
ASSIGNMENT/MODIFICATIONS OF AGREEMENT. These Terms and Conditions may not be assigned or transferred by Shipper, in whole or in part, for any reason whatsoever without ArcBest’s prior written consent, and any such action or conduct in violation of the foregoing will be void and without effect. ArcBest expressly reserves the right to assign this Agreement and to delegate any of its duties and obligations hereunder.
SEVERABILITY/SURVIVABILITY. In the event that the operation of any portion of these Terms and Conditions results in a violation of any law, or any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the Parties agree that such portion or provision shall be severable and that the remaining provisions of the Agreement shall continue in full force and effect. The representations and obligations of the Parties shall survive the termination of these Terms and Conditions for any reason.
INDEPENDENT CONTRACTOR. It is understood between ArcBest and Shipper that ArcBest is not an agent for Carrier or Shipper and shall remain at all times an independent contractor. Shipper does not exercise or retain any control or supervision over ArcBest, its operations, employees, or Carrier. ArcBest does not exercise or retain any control or supervision over Carrier, its operations, employees, or Shipper.
NONWAIVER. Failure of either Party to insist upon performance of any of the terms, conditions or provisions of these Terms and Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of the terms, conditions or provisions of these Terms and Conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
NOTICES. Excluding service of process, any notices to ArcBest must be sent to ArcBest, Attn: Vice President Yield Mgt., 8401 McClure Drive, Fort Smith, AR 72916, and must be delivered either by certified or registered mail, return receipt requested and postage prepaid, or by overnight courier service, and are deemed given upon receipt by ArcBest or Shipper.
FORCE MAJEURE. Neither Party shall be liable to the other for failure to perform any of its obligations under these Terms and Conditions during any time in which such performance is prevented by fire, flood, or other natural disaster, war, pandemic, embargo, strike, labor dispute, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of Shipper or ArcBest, provided that the Party so prevented uses its best efforts to perform under these Terms and Conditions and provided further, that such Party provide reasonable notice to the other Party of such inability to perform. Performance requirements are extended by the amount of the delay except for payment obligations.
CHOICE OF LAW AND VENUE. All questions concerning the construction, interpretation, validity and enforceability of these Terms and Conditions, whether in a court of law or in arbitration, shall be governed by and construed and enforced in accordance with the federal laws regarding transportation, where applicable, and otherwise by the laws of the State of Arkansas, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. The Parties agree to jurisdiction and venue in a federal or state court in Sebastian County, Arkansas.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement intended by and between the Parties and supersedes all prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral, written, expressed or implied, with respect to the subject matter hereof.