1. AUTHORIZATION FOR CREDIT REVIEW – Customer hereby authorizes DreamWorks Carrier, LLC to obtain any information pertaining to Customer that DreamWorks Carrier, LLC deems appropriate from any sources or references given by Customer to DreamWorks Carrier, LLC and from any national credit bureaus, creditors of Customer, banks or other financial institutions and any other available source; and Customer authorizes each such source to provide information to DreamWorks Carrier, LLC in connection with this Credit Application and Agreement (“Agreement”).
2. NO OBLIGATION TO EXTEND CREDIT – Customer understands that DreamWorks Carrier, LLC has no obligation to extend credit to Customer and that DreamWorks Carrier, LLC, in its sole and absolute discretion, may terminate the extension of any account accommodations or credit to Customer at any time for any reason or for no reason whatsoever.
3. PAYMENT TERMS – If credit is extended, Customer agrees to pay in full the invoice price for all services provided by DreamWorks Carrier, LLC promptly within fifteen (15) days of the invoice date or in accordance with the terms provided on the invoice, if any, and to not offset alleged claim amounts against freight charges. All quoted pricing reflects a 3.5% discount for cash (or cash equivalent) payment. If a credit card is used to make payment, the cash discount will be removed, and the invoiced price will be adjusted accordingly. Customer agrees that if an invoice is not timely paid on or before its due date, that interest will accrue on the amount owing at the rate of one and on half percent (1.5%) per month on all past due amounts. Customer agrees and acknowledges that the payment of freight charges may not be delayed due to alleged loss of or damage to a shipment or delay in delivery of the same. Customer agrees to notify DreamWorks Carrier, LLC, in writing, of any error or dispute in any invoice within thirty (30) days from the invoice date. If the Customer fails to give DreamWorks Carrier, LLC notice of an error or dispute of charges encompassed in an invoice, then the invoice shall be deemed to be correct, and Customer deemed to have agreed to pay without dispute. DreamWorks Carrier, LLC does not provide original paperwork (bills of lading, delivery receipts, etc.) with its invoices; however, scanned copies may be provided upon request.
4. COLLECTION COSTS AND ATTORNEY FEE – Customer agrees to pay in full all costs and expenses incurred by DreamWorks Carrier, LLC in collecting the amounts owed by Customer under this Agreement, including any and all costs and reasonable attorneys’ fees.
5. GOVERNING LAW/VENUE/JURISDICTION – This Agreement shall be interpreted, construed, and enforced in accordance with and governed by the laws of the State of Nevada without giving effect to any conflict of law provisions. Any litigation between Customer and DreamWorks Carrier, LLC shall take place in the state and federal courts situated in Las Vegas, Nevada. Customer hereby consents to that venue and waives and agrees not to assert any claim that it is not personally subject to such jurisdiction in Las Vegas, Nevada or that any action or other proceeding brought in compliance with this section is brought in an inconvenient forum.
6. DEFAULT – The occurrence of any of the following events shall constitute a default under this Agreement and any other agreements between Customer and DreamWorks Carrier, LLC: (a) Customer fails to perform any obligation, or other undertaking, required by this Agreement or any other agreement between Customer and DreamWorks Carrier, LLC; (b) Customer dies; dissolves; ceases operations; abandons its business; becomes insolvent; becomes the subject of bankruptcy, receivership, insolvency, or similar proceedings; or, makes an assignment for the benefit of its creditors; (c) Any information or other representation now or hereafter made or furnished to DreamWorks Carrier, LLC by Customer or at Customer’s request or instruction is, or is believed in good faith by DreamWorks Carrier, LLC to be, inaccurate, incomplete, or false in any material respect; or (d) Any other event which causes DreamWorks Carrier LLC, in good faith, to believe that the prospect of performance of any provision of this Agreement by Customer is impaired.
7. NO LIABILITY/LIMITATION OF LIABILITY – Customer recognizes that DreamWorks Carrier, LLC has authority to act as common carrier of property. In the event of loss or damage to cargo, while the cargo is transported by DreamWorks Carrier, LLC, unless Customer declares a higher value for cargo in writing to DreamWorks Carrier, LLC (additional liability coverage charges will apply to DreamWorks Carrier, LLC’s service rates), DreamWorks Carrier, LLC’s cargo liability is limited to $2.00 per pound per lost or damaged article, the manufacturer’s cost, or $20,000, whichever is less. (Any single claim for less than $100 will not be considered.) Regardless of the declared value of the cargo, DreamWorks Carrier, LLC’s liability for loss, damage, delay, misdelivery, or nondelivery, will not exceed the $2.00 per pound per lost or damaged article, manufacturer’s cost, cargo’s repair cost, depreciated value, or its replacement cost, or $20,000, whichever is less, unless there is a specific writing in which DreamWorks Carrier, LLC agrees to a greater amount of liability. Customer should contact an insurance broker if Customer desires insurance applicable to cargo that DreamWorks Carrier, LLC arranges to be transported. DreamWorks Carrier, LLC DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. DreamWorks Carrier, LLC does not guarantee service delivery times and is not liable for “loss of sales,” consequential or indirect damages associated to the loss, damage, or delay of any shipment. This paragraph does not waive or otherwise impair DreamWorks Carrier, LLC’s rights and defenses with regard to whether DreamWorks Carrier, LLC is liable for cargo loss or damage. Notwithstanding any other term or conditions of the Agreement, DreamWorks Carrier, LLC shall have no liability for temperature or altitude related damage to ice cream.
8. WAIVER – DreamWorks Carrier, LLC may, at its option, permit Customer to remedy any default under this Agreement without waiving any of its rights or remedies related to such default or any subsequent or prior default by Customer. Customer waives any right to notice from DreamWorks Carrier, LLC of Customer’s default of this Agreement.
9. ADDITIONONAL SERVICE TERMS AND CONDITIONS – Customer further agrees to the Terms and Conditions of DreamWorks Carrier, LLC arranging for the transportation of freight. Such Terms and Conditions are available upon request and prevail over all bills of lading or other agreements or documents. Such Terms and Conditions may be changed by DreamWorks Carrier, LLC from time-to-time and the Terms and Conditions as posted on DreamWorks Carrier, LLC’s website as of the day that a load is picked up by an DreamWorks Carrier, LLC truck shall apply to such load. Such Terms and Conditions posted on DreamWorks Carrier, LLC’s website are hereby incorporated by reference and made part hereof.
10. AUTHORITY – Any person signing this Agreement warrants and represents that he/she/it has authority to enter this Agreement and that he/she/it has been duly authorized to execute this Agreement as, or on behalf of, Customer.
11. ACCURACY OF INFORMATION – Customer certifies that any and all information now or hereafter supplied to DreamWorks Carrier, LLC by Customer, or at Customer’s request or instruction, is both accurate and complete and Customer will, upon request, establish the accuracy and completeness of any such information. Customer shall promptly notify DreamWorks Carrier, LLC of any adverse change in such information supplied, and of any change in Customer’s residence, chief place of business or billing address.
12. MODIFICATION – The terms of this Agreement may be modified or amended by DreamWorks Carrier, LLC at any time upon thirty (30) days’ notice, effective as to all credit extended after the effective date of the modification.
13. ADDITIONAL PROVISIONS – The rights and remedies of DreamWorks Carrier, LLC stated in this Agreement are cumulative and are in addition to any other rights or remedies provided by law. Any account exceeding the credit terms extended will automatically become a CASH ONLY account at DreamWorks Carrier, LLC’s election and will require payment in full to reestablish the original terms of this Agreement.
