Reasonable Dispatch

General service schedules may be issued from time to time as a guideline to reflect transit times which can typically be accomplished. Specific guarantees shall only be accepted in writing, in advance, with all conditions, charges and penalties endorsed by the Forwarder. Otherwise, Forwarder is not bound to transport property in any particular vehicle, in time for any particular market or markets, other than according to reasonable dispatch. It shall be dictated, among other things, by a) the nature of LTL transportation, b) safe and legal transportation operating requirements, and c) multiple Shipper, Receiver and Customer requirements and parameters.

Further Forwarder does not warrant that shipments en route will remain in continuous transit. Customer understands and acknowledges that, from time to time, shipments may be delayed while en route.

Forwarder’s offer to arrange, provide or perform transportation service is subject to availability of appropriate equipment, which will be determined by Forwarder, as soon as possible after service is requested. Neither Forwarder, nor the underlying Carriers shall be liable for suspension of service or operations that result from Acts of God, war, terrorism, insurrection, strikes, derailment, or any other cause beyond their control. The service standards for Forwarder’s underlying Carriers are not guaranteed service standards, nor shall they be construed as such by any Forwarder’s Customer, Consignor, or Consignee.

Forwarder will not be responsible for any charges levied by anyone for failure to perform any service as to the timeliness of pick-up or delivery, whether implied by an effort to accommodate the Customer, Consignor and Consignee or not. Such fees may include, but are not limited to a failure to make or meet appointment times or a failure to notify of a change in schedule.

In no event shall Forwarder be liable for any special, incidental, consequential or punitive damages, including without limitation, damages due to delay, loss of profits, rental or income, travel, labor or expense, interest, costs or attorney fees, whether or not Forwarder, its Regional Service Providers or Line-Haul Carrier had knowledge that such damages might be incurred.