1. In tendering a shipment for carriage, the Shipper agrees to these Terms and Conditions of Contract (“the Contract”), which no agent or employee of the parties may alter. The terms and conditions of the Contract are entered into pursuant to 49 U.S.C. § 1401 (b).

2. In tendering a shipment for carriage, the Shipper warrants that the shipment is packaged adequately to protect the enclosed good and to ensure safe transportation with ordinary care and handling, and that each package is appropriately labeled and is in good order and condition except as noted or specified. Carrier will not be liable for mis-delivery and/or non-delivery of any package which is not property labeled by the Shipper showing the exact delivery address of the consignee. Shipper also declares that the commodity description is accurate and exact.

3. Shipper warrants and represents that it has complied with all laws governing shipment of materials and acknowledges that Carrier does not guarantee the protection of perishable products, and Shipper expressly assumes the risk of loss or damage in tendering such products to Carrier for delivery.

4. Shipper agrees to defend, indemnify, and hold harmless Carrier against any claims, losses or damages arising from the nature of the shipment, including, but not limited to, the shipment of dangerous goods and hazardous, licensed or perishable materials.

5. The Shipper and consignee shall be liable jointly and severally for all unpaid freight and other lawful charges accruing on the shipment as billed or corrected, except that COD or collect shipments may move without recourse to the Shipper-consignor when the parties so stipulate. Nevertheless, the Shipper shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by the Shipper. Notwithstanding the above, the Shipper’s liability for payment of additional charges that may be found to be due after delivery shall be as specified by 49 U.S.C. § 13706, except that the Shipper need not provide the specified written notice to the delivering carrier if the consignee is a for-hire carrier. Nothing in the Bill of Lading or the Contract shall limit the right of Carrier to require prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of articles or other information on the Bill of Lading is found to be incorrect or incomplete, the freight charges must be based upon the articles shipped.

6. All invoices are due and payable within fifteen (15) days from the date of tender. In the event of failure of liable parties to pay Carrier within fifteen (15) days, the liable parties shall pay to Carrier interest at the rate of eighteen percent (18%) per annum on outstanding balances from the date payment is due until received. Shipper hereby agrees to the imposition of a lien in favor of the Carrier on all future shipments by the Shipper for the full amount of all outstanding invoices, including all accrued interest, due and owing the Carrier by the Shipper. If collection of an amount due Carrier or Carrier’s enforcement of the lien is referred to an attorney or collection agency for collection, the liable parties shall pay all court costs and attorneys’ or other fees incurred by Carrier for such suit or collection. Where delivery is refused, Shipper agrees to cover all reasonable costs incurred by Carrier in returning the shipment to Shipper.

7. In consideration of Carrier’s rate for transportation, which is in part defendant upon the value of the shipment, Carrier’s liability for any cargo damage or loss shall be limited to: 50 Cents per pound up to a maximum of $50,000 per shipment. In case of a shipment with a declared value, the Carrier’s maximum liability shall be the declared value. In no event will Carrier be liable for any punitive, incidental, indirect, or consequential damages (including attorneys’ fees) of any kind in connection with the loss, damage or delay of any shipment, whether or not Carrier had knowledge that such damages might be incurred.

8. The Carrier is not liable for loss, damage, delay, mis-delivery or non-delivery caused by: 1) any cause other than its own negligence; 2) the act, default or omission of Shipper; 3) the nature of the shipment or any defective characteristics or inherent vice thereof, including the shipment of hazardous dangerous or perishable materials; 4) violation by Shipper or consignee of any law governing the handling or shipment of the tendered materials, 5) violation by Shipper or consignee of the terms and conditions of the Contract; 6) acts of God, or public enemies or authorities; 7) riots, strikes or other civil commotions; or 7) other causes beyond the reasonable control of the parties. In the event of a seal discrepancy, the Consignee must perform a reasonable inspection of the cargo to determine if actual damage or contamination has occurred. Consistent with the legal duty to mitigate damages, the Consignee shall not reject a shipment based solely on a seal breach unless the goods are proven to be practically worthless or unsafe for their intended use.

9. All shipments are subject to inspection by Carrier at Carrier’s discretion, including but not limited to, opening the shipment. Carrier is not, however, obligated to perform such inspection of goods.

10. Transportation of shipments is subject to availability of equipment and space thereon. Carrier shall have the right to substitute alternate means of transportation, including surface transportation, and select the routing or deviate from a routing shown on the Bill of Lading or Rate Confirmation. Charges for transportation will be based on the applicable tariff rate for the type of service requested by the Shipper as specified in Carrier’s Rate Tariff on the date of shipment; however, Carrier will transport the shipment within the terms as specified in the Bill of Lading or Rate Confirmation by Shipper subject to, but not limited to, normal delays in transportation such as backlogs, weather conditions and the like. Carrier does not guarantee commencement or completion of shipment within a specified term.

11. Claims: Non-Delivery: Written notice of loss due to non-delivery must be reported by Shipper within 180 days after acceptance of the shipment for carriage. Apparent Damage: Written notice of loss due to apparent damage, shortage or delay must be reported in writing within fifteen (15) days after delivery of the shipment and claim for such loss/damage must be made within one-hundred eighty (180) days from the date of tender of shipment. Concealed Damage: Written notice of loss due to concealed damage after clear receipt of goods has been given, must be reported in writing within seven (7) days after date of delivery, with privilege of Carrier to inspect the shipment within fifteen (15) days from the date such notification is received by Carrier. Goods must be retained in original trailer until inspection has been completed. Claims for concealed damage must be made within one-hundred eighty (180) days from the date of shipping.

12. Overage and Refund Claims: Written claims for overages and refunds must be made within 180 days from date of tender. No claim of any type above will be entertained until all transportation charges have been paid in full. The amount of the claim shall not be deducted from the transportation charges. Carrier shall not be liable unless an action is brought withing 365 days after the date written notice is given to the claimant that Carrier has disallowed the claim in shole or in part or within two (2) years of the date of tender, whichever is earlier.

13. This Contract shall be governed by and construed in accordance with the laws of the State of Texas, unless preempted by federal law, and any action brought against the Carrier must be brought in the appropriate State or Federal Court in San Antonio, Texas.


Feb. 2026