Volume Pricing Quotation Rules and Liability

Loading and Unloading:

Any expense to carrier for loading or unloading service will be assessed against the payor of the freight charges, in addition to all other charges, when the quoted price is subject to A) shipper load and the carrier incurs loading expense and/or B) consignee unload and the carrier incurs unloading expense. ArcBest's service provider's employee(s) and power unit(s) are to be released while loading and/or unloading is performed.

Liability:

All Volume Price Quotes are offered in conjunction with limited shipment liability, as detailed below, unless specifically stated otherwise. ArcBest's and Service Providers' cargo liability limitations are specified in Section 4 of ITEM 780-1 in the ABF-111 Series. Optional excess liability ("ELC") at an additional expense when requested is available until shipment is picked up. To request ELC call 800-610-5544 prior to shipment pickup. In no event shall ArcBest or Service Provider be liable for any claim based upon any item which is a prohibited article as defined in ArcBest's tariffs whether or not knowingly accepted for transport by ArcBest or Service Providers, and Customer shall indemnify ArcBest in the event ArcBest is tendered any prohibited items for shipment. Under no circumstances will ArcBest or service providers be liable for consequential, incidental or other indirect damages, whether or not disclosed or foreseeable.

General Rules:

The tariff rate(s) herein will take precedence over any otherwise applicable rate, charge, or quotation, whether in a tariff or contract. This shipment(s) will not be eligible for any other form of rate reduction, including discounts, allowances, and incentive programs. This shipment(s) will not be included in the calculation of any minimum volume amounts under any other pricing program, contract, tariff, or other rate structure.

Show the Quotation ID listed above prominently in the body of the initial bill of lading at time of shipment. By applying this quote ID to receive a lower price, you are agreeing that you have been notified of and agreeing to accept limited cargo liability. If you received this notification on behalf of the party who requires legal notification, you are certifying that you provided notification to them of limited cargo liability to their shipment when quotation price was chosen, and further, you agree to indemnify, defend and hold harmless ArcBest and Service Providers against any and all liabilities and damages, including reasonable attorneys' fees and costs incurred in excess of the cargo liability limitations indicated in the provided quote. At ArcBest's SOLE OPTION, IT MAY REFUSE TO APPLY THIS QUOTATION TO SHIPMENTS WHICH DO NOT MATCH THE EXACT PRICING QUOTATION SPECIFICS SHOWN ABOVE (INCLUDING USE OF A SECURED SHIPMENT DIVIDER NOT REQUESTED AT TIME OF QUOTE), OR WHICH DO NOT REFERENCE THE QUOTATION ID ON THE INITIAL BILL OF LADING. All shipments containing carbon black must be clearly indicated in the commodity section of the quotation. The quotation will not apply on any shipment containing undisclosed carbon black commodities and will be subject to applicable LTL pricing including carbon black fees as provided in the ABF 111 Tariff.

Applicable Law:

The terms and conditions specified in the applicable ArcBest bill of lading in effect on the pickup date are hereby incorporated into this agreement. Terms and conditions of the referenced bill of lading will not apply to the extent inconsistent with the specific terms and conditions herein. This Quotation is subject to, and governed by, ABF 111 tariff. The ABF 111 is available at the ArcBest Website at https://arcb.com/sites/default/files/Resources/ABF111-012918.pdf. Unless otherwise noted, the rate herein does not include applicable charges for special services performed, such as Exclusive Use service. Shipments may be handled or transferred unless otherwise stated herein.

ArcBest provides quotations, invoicing, billing and other administrative services to customers of affiliate companies as an agent pursuant to an agreement between the companies.