ArcBest^® Quote Terms and Conditions

The ArcBest Quote Terms and Conditions apply to all transportation and/or other logistics services (“Services”) arranged and/or managed by ArcBest Integrated Solutions, Inc., including its affiliate and subsidiary companies (collectively, “ArcBest”) for ArcBest customers (“Shipper”) for which pricing is outlined in an ArcBest quote document. The quote document and these terms and conditions herein are referred to herein as the “Quote.” ArcBest and Shipper may be referred to herein individually as a “Party” and collectively as the “Parties.” By utilizing the Services arranged and/or managed by ArcBest pursuant to the Quote, Shipper: (i) Acknowledges that Shipper has read, understands and agrees to be bound by these terms and conditions; and (ii) Represents and warrants that Shipper has the right, power and authority to agree to these terms and conditions on Shipper’s own behalf, on behalf of any entity it represents, and on behalf of its affiliates and any third-parties who have utilized Shipper to arrange this Quote. The Quote and the applicable ArcBest bill of lading, and all references therein such documents, shall constitute the entire agreement (“Agreement”) between the Parties for Services set forth in the Quote for which ArcBest arranges and/or manages for Shipper. If there is a conflict between the terms and conditions in a Quote, the applicable ArcBest bill of lading, and/or the applicable tariff, the order of precedence shall be as follows: i) The Quote; ii) The applicable tariff(s); and iii) The applicable ArcBest bill of lading. These terms and conditions cannot be altered or amended except in a writing signed by both Parties.

Authority:

ArcBest arranges and/or manages transportation services as a property freight forwarder or broker, as applicable, under USDOT number 3000394 and as a non-agent independent contractor to Shipper or any service provider.

Services:

Upon acceptance of the Quote or by tendering a shipment to ArcBest or accepting Services hereunder, Shipper has agreed to Services in the Quote, including terms and conditions herein and the applicable ArcBest bill of lading, and ArcBest agrees to arrange for and/or manage Services by third party service providers. Third party service providers include, but are not limited to, motor carriers, air carriers, rail carriers, software or service providers, drayage, Customs brokers, warehousemen, and/or other third parties (“Carrier” and “Carriers”) utilized by ArcBest to perform Services for Shipper. Carriers are non-agent independent contractors to ArcBest. ArcBest does not assume liability for the actions or omissions of Carriers. However, ArcBest may accept commodity liability to the limited extent expressly provided for in the Quote and tariff ARC 111 series (available at www.arcb.com/arc111) which is incorporated herein.

Notwithstanding any provision herein, unless guaranteed service is expressly provided in the Quote, all Services are provided with reasonable dispatch, and ArcBest and Carriers do not guarantee that Services will be delivered without delay nor shall ArcBest or Carriers assume liability for penalties, fines, chargebacks, or any other costs associated with delayed or missed Services. If ArcBest fails to perform Services, ArcBest may, in its sole discretion, adjust Shipper’s charges. Shipper acknowledges and agrees that any forfeiture of Service charges, in whole or in part, shall serve as Shipper’s sole and maximum restitution for such Service failure. ArcBest’s or Carrier’s signed delivery receipt or other document will serve as documentation of the delivery date.

Charges shown are for quote purposes only as the price estimate is based upon the shipment characteristics you provided to ArcBest. The Service price will be subject to change if the shipment characteristics differ from the information provided by the Shipper. Unless otherwise stated in the Quote, no allowances or discounts are applicable to the Services and these price estimates are subject to change, including accessorials, terms, conditions and rules published in tariff ARC 111 series. Quoted rates are only good through the book by or expiration date specified and are subject to change upon actual weights, dimensions, and shipment characteristics available at the time of booking. Excluding LTL and LTL Brokerage shipments, any expense to a Carrier for loading, including blocking and bracing, or unloading will be assessed against Shipper in addition to all other charges. Furthermore, and notwithstanding anything to the contrary in the Quote, the terms and conditions of the following circulars and/or tariffs shall apply to the Services, as applicable:

ARC 111 (freight forwarder/brokerage Services): https://arcb.com/ARC111;

ARC 610 (time critical freight forwarder/brokerage shipments): https://arcb.com/resources/rules-tariff;

If Services include the use of an ocean carrier, the applicable ocean carrier’s rules circular and/or tariff;

If Services include the use of a non-ArcBest Affiliate LTL Carrier (“LTL Brokerage”), the applicable LTL carrier’s rules circular and/or tariff; and

If Services (intermodal shipments) include the use of a rail carrier, the applicable rail carrier’s rules circular and the Association of American Railroad rules, including proper packaging, blocking, and bracing of shipments.

All shipments tendered by Shipper must be packaged in cartons, crates, or other packaging suitable for transportation or handling by Carriers and failure to properly package commodities in accordance with industry standard requirements will release ArcBest and Carriers from any liability for commodity loss or damage. ArcBest and Carriers shall not be liable for any claim based upon any commodity which is a prohibited or excluded commodities as defined in the applicable tariff whether or not knowingly accepted for Services by ArcBest. Shipper shall indemnify, defend, and hold harmless ArcBest and Carriers for all liabilities and damages, fines, and expenses, including attorneys’ fees and litigation costs, in the event ArcBest is tendered any prohibited or excluded commodity for Services.

Bill of Lading:

All shipments shall be governed by the terms and conditions contained in the applicable ArcBest bill of lading. Any other bill of lading or other shipping document used for Services shall only act as a receipt of commodities. All shipments shall be evidenced by a bill of lading which serves as a receipt of goods in apparent good order and condition, except for shipper’s load and count, concealed damages, or dropped trailer scenarios.

Commodity Liability Limits:

ArcBest’s and Carrier’s aggregate commodity liability shall be dependent upon the type of Services, locations that are offered, and subject to the commodity liability limitations outlined herein and in tariff ARC 111 series. Other than new commodities means commodities which are used, refurbished, trade show displays, other displays, returns, remanufactured, and household goods and personal effects.

Specific Services and Locations -

LTL Brokerage

ArcBest shall have no commodity liability for loss and/or damage. Service Providers who arrange, manage, and/or perform Services are solely liable to Shipper for loss and/or damage to commodities.

For Standard LTL, Time Critical, or Trade Show services the aggregate commodity liability is limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $0.10 per pound per lost or damaged package for any commodity other than new;
   Any general statutory or regulatory or international commodity liability limitations.
3. The maximum per pound per lost or damaged package outlined in Table A hereinafter;
4. The lowest released value provided in ARC 100 Series or in STB NMF 100 Series or derived from the applicable FAK or class exception rating if charges are determined by application of an FAK or class exception rating;
5. $100,000 per shipment; or
6. Any general statutory or regulatory or international commodity liability limitations.

Note 1: For only standard LTL services, in the event loss or damage to any shipment occurs during the portion of the transportation within Mexico, ArcBest’s and Carriers’ aggregate liability will not exceed $0.50 per pound per lost or damaged package.

Table A

LTL Volume Spot Quote, LTL Introductory Spot Quote, or Dynamic LTL Quotes Services provide for an aggregate commodity liability limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $1.25 ($0.10 other than new) per pound per lost or damaged package; or
3. $10,000.00 per shipment.

Secure Shipment Divider shipments aggregate commodity liability is limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $2.00 ($0.10 other than new) per pound per lost or damaged package; or
3. $10,000 per shipment.

Final Mile service aggregate commodity liability is limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $5.00 ($0.10 other than new) per pound per lost or damaged package; or
3. $50,000 per shipment.

All Truckload Services aggregate commodity liability is limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $5.00 ($0.10 other than new) per pound per lost or damaged package; or
3. $100,000.00 per shipment.

Ground Expedite service aggregate commodity liability is limited to the lesser of:

1. The actual value of the lost or damaged commodity;
2. $0.50 ($0.10 other than new) per pound per lost or damaged package; or
3. $50,000 per trailer.

Mexico Shipments – Except for standard LTL service, for all other Services offered hereunder, neither ArcBest nor Carriers shall be liable for any commodity loss and/or damage occurring during the portion of Services within Mexico.

Canadian Shipments – All shipments originating from Canada that are accepted and transported which incur lost and/or damage to any package, ArcBest’s and Carriers’ aggregate liability will not exceed $2.00 Canadian per pound computed on the total weight of the lost or damaged commodities.

Air Expedite Services – When any Services includes air service and for all shipments tendered on an air waybill, in addition to the above limitations, the aggregate commodity liability shall be further limited to the lesser of $0.50 per pound per lost or damaged commodity or $50.00 per shipment.

Ocean/Water Carriage – ArcBest and Carriers shall not be liable for any loss or damage to, or in connection with, the ocean or water transportation of commodities in an amount exceeding $500 per package, or in case of commodities not shipped in a package, per customary commodity unit.

All Services – ArcBest and Carriers shall not be liable for more than the actual value of the shipment should the value declared on the applicable quote or bill of lading exceeds the actual value of the shipment’s content.

Other than new commodities, include, but are not limited to, used, refurbished, trade show displays, other displays, returns, and remanufactured commodities, and household goods and personal effects.

Package means any primary shipping package authorized by the provisions of individual tariffs or classifications items.  When a number of packages have been unitized, strapped or otherwise fastened together, or contained on pallets, platforms or skids, or have been overpacked in an additional complying package, liability will be determined by separately multiplying the weight of each package lost or damaged times the applicable per pound per package liability as set forth herein or in tariff ARC 111 series and not on the basis of weight of the total number of packages unitized, strapped or otherwise fastened together or contained on pallets, platforms or skids, or overpacked in an additional complying package.

For additional limitations, exclusions, prohibited items and other related information see tariff ARC 111 series (available at www.arcb.com/arc111).

Optional Additional Liability Coverage/Assignment Rights:

Shipper acknowledges that ArcBest’s and Carriers’ commodity liability is limited in consideration of a lower rate than what would otherwise be applicable. Shipper may purchase additional liability coverage (“ALC”) which is available upon request at an additional expense but must occur prior to the shipment pickup and/or Services performed and must be included on the Quote, the bill of lading, and charges for the ALC must have been paid by Shipper. Optional ALC can be requested by contacting your account manager or calling 1-877-279-8090. When ArcBest compensates Shipper for any claims under the Quote, Shipper agrees to assign in writing any and all of its rights in such claim to ArcBest. For more information as to additional liability coverage limits and costs, and assignment rights see tariff ARC 111 series (available at www.arcb.com/arc111).

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, and/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 this Quote, whether material or immaterial, or material deviation will extend ArcBest’s or Carriers’ liability beyond the limitations specified herein or in tariff ARC 111 series.

Commodity Claims:

ArcBest will investigate and dispose of commodity claims pursuant to the provisions set forth in 49 C.F.R. Part 370. Commodity claims when ArcBest operates under its freight forwarder authority must be filed with ArcBest within nine (9) months after delivery of the shipment or, in the case of non-delivery, nine (9) months after delivery should have occurred. Lawsuits for such loss or damage shall be instituted against ArcBest or Carriers no later than two (2) years from the day when written notice is given to Shipper that ArcBest or a Carrier has disallowed or denied any part of the claim.

Commodity claims when ArcBest operates under its broker authority must be filed with ArcBest or Carriers within ninety (90) days after the date the Carrier signs the air waybill or bill of lading for the relevant shipment. Lawsuits for commodity loss or damage shall be commenced within one (1) year after the commodity claim has been denied in writing or when you reject a settlement offer, in whole or part.

Where claims or lawsuits are not filed in accordance with the foregoing time periods, ArcBest and Carriers shall not be liable for commodity loss or damage and such claims will not be paid.

General Liability:

Except for commodity liability as provided herein and in tariff ARC 111 series, ArcBest’s or Carriers’ aggregate liability to Shipper or any third party for any damages of any kind resulting from any claim or cause of action, regardless if based in contract, tort or other legal theory, and including, but not limited to, in connection with Services arranged, managed and/or performed for you, breach of this Quote, any request for estimate of Service charges, Services reservation, or purchase of Services, shall not exceed the total amount of charges collected by ArcBest from Shipper for the individual Services performed giving rise to your claim or cause of action. In no event shall ArcBest be liable for any damage of any kind in any amount to the extent that such damage is covered by any insurance issued or available to Shipper to claim against.

Indemnification:

Shipper agrees to indemnify, defend, and hold harmless ArcBest and Carriers and their respective directors, officers, employees, agents, servants, affiliates, subsidiaries, successors, and assigns from and against any and all liabilities and damages, penalties, fines, expenses, including attorneys’ fees and litigation costs, arising from or relating to Shipper’s: (1) breach of the Quote, tariff ARC 111 series or other agreements between Shipper and ArcBest; (2) Shipper’s negligence, willful misconduct, violation of law or regulations, or any other acts or omissions of Shipper; (3) Any claims made against ArcBest or Carriers for the alleged or actual wrongful taking custody of and/or arranging Services with respect to commodities provided by you; or (4) Claims by third parties, including, but not limited to, individuals and entities with a beneficial ownership in transported commodities, for commodity loss, damage, or delay in amounts in excess of the limitations in the Quote and tariff ARC 111 series. 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.

Payment Terms:

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).

Compliance with Laws:

Shipper warrants and represents that it is in compliance with all laws, regulations, and requirements applicable to its 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.

Governing Law:

The Quote and Services shall be governed and interpreted in accordance with federal laws and regulations. Where federal laws and regulations are inapplicable and state law governs, then, the laws of the State of Arkansas shall apply without giving effect to its conflicts of law provisions. Exclusive venue for any disputes arising hereunder will be in a state or federal court in Sebastian County, Arkansas.

No Exclusivity:

You understand and agree that this is a non-exclusive arrangement. You are not restricted from tendering commodities to or obtaining Services from other brokers, freight forwarders, third-party logistics providers, or directly to Carriers. ArcBest is not restricted from performing, arranging, and/or managing Services for other individuals or entities.

Miscellaneous:

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. The invalidity, illegality or unenforceability of any provision herein does not affect any other provisions herein, or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by ArcBest with respect to a breach of this Quote by Shipper does not constitute a waiver and will not limit ArcBest’s rights with respect to such breach or any subsequent breaches. No terms and conditions stated in Shipper’s purchase order or in any other Shipper order or tender documentation shall be incorporated into or form any part of this Agreement, and all such terms and conditions shall be null and void. This Quote may not be assigned or transferred by Shipper 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.