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All warehouse services are to be paid immediately upon receipt of invoice. All prices are subject to change. Failure to meet payment terms may result in termination of future services, additional fees, and reporting to third-party service providers.
All services must be scheduled and a check-in number issued before any and all services are performed. Unscheduled arrivals will not be served without contacting scheduling department.
Bothwell Transport Inc. reserves the right to refuse service for any reason.
1. The services and associated rates have been mutually agreed upon by both parties under a separate agreement.
2. Customer agrees to take full responsibility for the actions of its employees, agents and representatives, as it relates to any activities or services performed in or about Bothwell Transport Inc. premises or equipment, or in any way related to this Agreement and services rendered by Bothwell Transport Inc. Customer hereby waives any immunity to which it would otherwise have been entitled under any workers compensation and/or employee benefits laws for purposes of any claims by Bothwell Transport Inc. based upon this Agreement, including but not limited to the indemnity provisions below.
3. Customer hereby represents and warrants that it has in place auto liability insurance, cargo insurance, commercial general liability insurance and workers compensation insurance. Customer’s auto liability insurance has per occurrence coverage limits no less than $1,000,000. Customer’s commercial general liability insurance has per occurrence coverage limits no less than $1,000,000. Customer’s cargo insurance has coverage no less than the value of the load being carried by Customer at the time of the Services. Customer’s auto liability insurance, cargo insurance and commercial general liability insurance contains automatic additional insured provisions making any party Customer has agreed to add as an additional insured, an additional insured. Customer hereby agrees that Bothwell Transport Inc. is an additional insured on Customer’s auto liability policy, cargo policy and Customer’s commercial general liability policy. Customer further agrees that the insurance coverage for Bothwell Transport Inc. under said policies is primary and non-contributory. Customer’s workers compensation insurance shall be accordance with all applicable laws and includes provisions waiving subrogation against Bothwell Transport Inc.
4. Should Customer fail to have insurance coverage described above in Paragraph 3 and/or if Customer’s insurance carrier(s) denies coverage to Bothwell Transport Inc., Customer agrees that it shall be in breach of this Agreement and that in addition to any other damages to which Bothwell Transport Inc. may be entitled, Customer shall directly pay for Bothwell Transport Inc. defense of all claims asserted against Bothwell Transport Inc. and pay any settlement or judgment on behalf of Bothwell Transport Inc. with respect to any claims) which would have been covered under the insurance described above. Bothwell Transport Inc. shall have the right to select counsel of its choosing and have unilateral discretion to settle any such claim(s).
5. It is hereby understood and agreed that Arizona law shall govern this Agreement, including its interpretation, construction and enforcement. Further, Customer hereby consents and agrees to personal jurisdiction and venue in any court Bothwell Transport Inc. chooses in the event Bothwell Transport Inc. asserts an action against Customer arising from or related to this Agreement.
6. Bothwell Transport is not liable for receiver missed appointments, product/load rejections, product shortages, or any other product/load issues. It is the customers acknowledgment that Bothwell Transport Inc. carries no responsibility for the cargo or the manner in which it arrives to a receiver.
Bothwell Transport, Inc.
101 N 103rd Ave #300
Tolleson, AZ 85353
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