OnTrac shall provide (or arrange to provide) the Shipper with the services selected by Shipper from OnTrac’s standard service listing placed via web order, email, and/or telephone (the “Specified Services”). In addition, OnTrac may terminate this Agreement (and the Shipper’s service): (i) upon Shipper’s material breach of this Agreement which has not been removed, rectified, or cured to OnTrac’s reasonable satisfaction within fifteen (15) days after written notice is provided to Shipper or (ii) if Shipper becomes insolvent, makes a general assignment for the benefit of its creditors, admits in writing to the inability to pay debts as they come due or mature, has a trustee or receiver appointed by any court or other administrative tribunal with respect to its assets, or any action is taken by or against the Shipper under laws of bankruptcy or insolvency or laws relating to the relief of debtors. In the event of termination while shipments have been picked up and are in the process of delivery, OnTrac shall complete deliveries in process but shall have the option to complete pick up. Without limitation of the foregoing, either Party may terminate this Agreement (and the Shipper’s service) at any time for convenience and without any liability to the other Party by providing no less than ninety (90) days prior written notice to the other Party. The Term of the Agreement shall commence on the Effective Date listed above and shall continue until terminated by either Party (the “Term”). NOW THEREFORE, in consideration of the terms and conditions contained herein, the sufficiency of which is mutually acknowledged, the Parties (intending to be legally bound) hereby agree to the terms and conditions herein this “Agreement” as follows: to provide the Services directly and/or (iii) utilize third party motor carriers via OnTrac Logistics, Inc., which operates as a licensed property broker/freight forwarder arranging for the transportation of freight using interstate or intrastate licensed third-party motor carriers, and WHEREAS, in certain territories OnTrac may: (i) provide its Services directly (ii) utilize its fully owned subsidiary organization OnTrac Logistics, Inc. WHEREAS, the Shipper desires to engage OnTrac to provide motor carrier and/or broker/freight forwarder services “Services” (directly or through or OnTrac Logistics Inc.) pursuant to the terms and conditions contained herein, and WHEREAS, OnTrac is licensed as a motor carrier (under the Federal Motor Carrier Safety Administration or other appropriate State agencies) and is authorized to conduct operations in interstate and intrastate commerce, and These OnTrac Service Terms and Conditions are hereby understood to mean the “Agreement” by and between the Parties governing the Shipper’s use of OnTrac’s Services. Shipper and OnTrac may be hereinafter referred to collectively as the “Parties” or individually as a “Party” to these OnTrac Service Terms and Conditions. dba OnTrac Final Mile (hereinafter as “OnTrac”), a Delaware corporation with corporate offices at 8401 Greensboro Drive, 7th Floor, McLean, VA 22102. THESE ONTRAC SERVICE TERMS AND CONDITIONS are made by and between the Shipper utilizing OnTrac’s “Services” as defined below (the “Shipper”), and LaserShip, Inc. THE BELOW ONTRAC SERVICE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AND ARE APPLICABLE ON SHIPMENTS PICKED UP TWENTY-FOUR (24) HOURS AFTER THE CHANGE IS PUBLISHED ONLINE. DBA ONTRAC FINAL MILE OR (3) ONTRAC LOGISTICS INC., BY SHIPPER PROVIDING ITS SHIPMENTS TO ONTRAC (AS DEFINED BELOW) OR ALLOWING ONTRAC TO COLLECT ITS SHIPMENTS FOR DELIVERY, THE SHIPPER EXPRESSLY AGREES TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. UNLESS A WRITTEN AGREEMENT FOR SERVICES IS IN EFFECT BY AND BETWEEN THE SHIPPER AND (1) LASERSHIP INC.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |