PTI Priority Registration

TERMS AND CONDITIONS – PTI PRIORITY

These Terms and Conditions (the “Agreement”) constitute a legally binding contract between the company accepting this Agreement as further described below (the “Customer” or “you”) and Paper Transport, LLC (“PTI,” “we,” “our” or “us”).

Pursuant to our PTI Priority program, we offer access to an online platform (via website or application) (the “Site”), and you have purchased certain services (the “Purchased Services”) through the Site at the prices set forth in the Site. This Agreement sets forth the terms and conditions governing the Purchased Services we provide you. By purchasing the Purchased Services and requesting, booking and/or tendering freight to us, you are (a) accepting this Agreement on behalf of yourself and the Customer company, entity or organization you represent, and (b) representing and warranting that you have the right, authority, and capacity to enter into this Agreement on behalf of yourself and the Customer company, entity or organization you represent.

We reserve the right to amend or modify this Agreement in our sole discretion. Any such amendments or modifications will not apply to any Purchased Services that you purchased prior to our amending or modifying of this Agreement. Such amendments or modifications will apply to any Purchased Services you procure subsequent to our amending or modifying this Agreement.

1. Services. We shall provide you with the services you have purchased via the Site (the “Purchased Services”). You will pay us all freight charges, accessorial charges, and any other charges applicable to the Purchased Services as set forth on the Site at the time of order. You consent to our performing any credit and/or background searches on your company, entity or organization as we deem necessary. Payment terms and credit limits are subject to the sole and absolute discretion of PTI and may be increased, decreased, or wholly revoked at any time. You are solely responsible for the proper loading, blocking, bracing, and securement of freight subject to the Purchased Services, and we shall not be liable for any loss or damage arising from the improper loading, blocking, bracing or securement performed by you or on your behalf.

You are responsible for any damage caused to our equipment, drivers or third-party property arising from your acts or omissions or the acts or omissions of your consignee, including, without limitation, improper loading/unloading, unsafe facilities, or inaccurate instructions. We may refuse to perform or suspend the performance of any Purchased Services if we determine that the freight, the loading, blocking, bracing or securement of the freight, or any facilities are deemed unsafe, in our sole discretion. Upon any such refusal, all charges incurred prior thereto remain payable.

2. Billing/Disputes. You agree not to initiate chargebacks relating to the Purchased Services and to resolve all disputes relating to same directly with us. Unless you dispute any charges for the Purchased Services within five (5) days of the invoice or charge date, all charges for the Purchased Services are deemed accepted by you. Any disputes do not relieve you of your payment obligations. [OPTION – All charges for Purchased Services are non-refundable once we dispatch the load subject to the Purchased Services, except in cases of documented service failure attributable solely to us.

3. Payment Authorization. To obtain the Purchased Services, you must provide credit card information that will be used for all purchases of Purchased Services. By purchasing the Purchased Services, you authorize us to charge the on-file credit card for all freight charges relating to the Purchased Services, including, without limitation, linehaul, priority or expedited service fees, fuel or market surcharges, detention, layover and waiting time charges, accessorial services charges, and chargers for any additional services performed on your, or your consignee’s, request or pursuant to your, or your consignee’s, requirements. For priority or express Purchased Services, we may require pre-authorization or pre-charging of the Purchased Services fees prior to pickup as a condition of dispatch. Any failure to obtain pre-authorization or pre-charge may result in service delay, refusal to dispatch or cancellation of the Purchased Services.

All payments made by credit card are subject to a credit card processing surcharge. This surcharge represents the cost incurred by us to process credit card payments and is added to the total cost of the Purchased Services. Any such surcharge is non-refundable and applies to all credit card transactions, including pre-authorization requests and post-delivery charges.

4. Insurance. We, and you, shall, at all times, maintain the following insurance coverages: (a) worker’s compensation insurance in an amount not less than applicable statutory limits and employer’s liability coverage in an amount not less than $500,000.00; (b) automobile liability insurance (including owned, non-owned and hired vehicles) with minimum limits of not less than $1,000,000.00 combined single limit for personal injury, including death, and property damage; and (c) commercial general liability insurance, including contractual liability coverage, with minimum limits of liability of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate.

5. Indemnification. Each party shall indemnify, defend and hold harmless the other party and its officers, directors and employees from any and all third-party loss, liability, damage, fine, cost, demand, expense, action, claim, or cause of action (including costs of defense, settlement and reasonable attorneys’ fees) for damage or destruction of property, or personal injury (including death) to any person, arising out of the indemnifying party’s negligence, gross negligence or intentional conduct.

6. Independent Contractor. It is agreed and understood that the parties are entering into this Agreement as independent contractors. No personnel of either party performing work under the terms of this Agreement shall be considered as employees or agents of the other party at any time or for any purpose whatsoever. Nothing contained in this Agreement shall be deemed to constitute a relationship of agency, joint venture, partnership or any relationship other than that of an independent contractor.

7. Representations and Warranties.

a. PTI. We represent and warrant: (i) we are duly qualified and authorized by all applicable authorities to lawfully transport goods or products on your behalf; (ii) we shall furnish all personnel, equipment and fuel necessary or required for the safe and efficient performance of the Purchased Services; (iii) the Purchased Services will be provided by legally licensed drivers qualified under applicable federal and state safety laws or regulations; and (iv) we will provide the services in a lawful manner.

b. Customer. You represent and warrant: (i) you will not tender to PTI any shipments involving or containing hazardous materials, dangerous goods, Class A or B explosives, poison gas, radioactive materials, solid waste, hazardous substances or restricted waste (including medial waste) as listed in or regulated by any environmental law, rule or regulation; (ii) you shall provide suitable space and facilities at your location that will allow PTI to properly and safely provide the Purchased Services; (iii) you have legal ownership of, or lawful authority to tender, the freight subject to the Purchase Services and that the freight is not subject to double brokering, illegal retendering, or theft; and (iv) that the freight subject to the Purchased Services is not stolen and is lawful to transport.

8. Receipts and Bills of Lading. Bills of lading shall be issued with regard to any shipments tendered to us by you, and all bills of lading shall include industry-applicable terms and conditions. We shall obtain a delivery receipt upon the delivery of any goods or products performed as part of the Purchased Services, which may be provided in electronic or physical form, including, without limitation, via signed delivery receipts, electronic confirmation, photo documentation or consignee acknowledgement. You agree that delivery confirmation obtained by us or our driver or carrier constitutes sufficient proof of delivery for billing and payment puroses. In the event of any conflict between the terms and conditions of a bill of lading, receipt or other document and this Agreement, the terms of this Agreement shall control. You are responsible for providing accurate and complete documentation and information with regard to the loads being transported, including the bills of lading, shipping instructions, and any required regulatory or commercial paperwork. We are not responsible for any delays, charges or penalties arising from missing, incomplete or inaccurate documentation.

9. Liability for Loss and Damage. Subject to any limitations available pursuant to applicable law, we assume liability for loss, theft, damage or destruction of goods or products transported pursuant to this Agreement while same are in our exclusive care. If the consignee refuses to accept delivery of any goods or products transported pursuant to this Agreement, we shall provide you with notice thereof in writing and request instructions from you regarding delivery or storage of the refused goods or products. Any claims by you against us relating to damage to goods or property while in our exclusive care shall be filed within nine (9) months of the consignee’s refusal to accept delivery of the goods or products.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PTI’S LIABILITY TO THE CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PURCHASED SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL, AT ALL TIMES, BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000.00) OR THE NET REVENUE YOU HAVE PAID TO PTI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE GIVING RISE TO ANY SUCH CLAIM, WHICHEVER IS LOWER. FOR PURPOSES OF THIS AGREEMENT, “NET REVENUE” MEANS THE AMOUNT OF FEES PAID BY THE CUSTOMER TO PTI FOR A SHIPMENT, LESS FUEL SURCHARGES, IF ANY. ANY EXCEPTIONS TO THIS LIABILITY LIMITATION MUST BE DECLARED IN WRITING BY THE CUSTOMER AND ACCEPTED IN WRITING BY PTI.

10. Miscellaneous. This Agreement shall be construed under the laws of the State of Wisconsin, and the exclusive venue for any action regarding this Agreement shall be the Circuit Court of Brown County, Wisconsin. If we institute any action or proceeding based upon, arising out of or in any way relating to the Purchased Services and such action or proceeding is successful, you shall be responsible for all costs we incur in relation to such a suit, including, without limitation, collection costs and attorney’s fees. Neither party may assign or otherwise transfer the Purchased Services and these terms and conditions to another party without prior written consent. These terms and conditions may not be amended or modified except by written agreement by authorized representatives of both parties. These terms and conditions set forth the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior written and oral negotiations, agreements and understandings with respect thereto. No provision of these terms and conditions shall be waived by either party except by a writing signed by an authorized representative of the waiving party, and the waiver by either party of any breach of any provision of these terms and conditions shall not be deemed to be a waiver of such provision or of any subsequent breach of the same or any other provision of this Agreement.

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