Olson Trucking Direct, Inc. 15 Day Credit Terms & Conditions

 By accepting certain brokerage services, the Client and Olson Trucking Direct, Inc., (herein referred to as “Olson”), hereby agree to the following Terms & Conditions, which supplement the existing Contract.

Olson agrees to arrange transportation of certain property, excluding household goods, (herein referred to as the “Load”) by an authorized motor carrier in accordance wit instructions provided by the Client (herein referred to as “Services”). For these Services, Client agrees to pay Olson its usual and customary fees, incidental expenses, storage or warehouse fees, applicable tariffs and taxes. Client agrees to arrange at delivery locations, adequate arrangements to relieve Olson of Load within 2 hours of arrival by Olson. After 2 hours, Client agrees to pay Detention Time to Olson in addition to rate as indicated on Contract. The amount of Detention Time shall be indicated on the bill of lading or proof of delivery (herein referred to as “POD”) and shall be signed by the consignee. In the event of an oversize, overweight, or over-dimension load, if Client provides to Olson the measurements of Load, these measurements may or may not be verified by Olson. If any fees are incurred due to an inaccurate measurement by Client, the Client agrees to be responsible for such fees. Olson shall deliver an Invoice to the Client upon delivery of Load and said Invoice shall constitute prima facia evidence of the debt that the Client owes Olson as compensation for the Services rendered therein. The Client agrees to pay said Invoice upon receipt. The Invoice may be accompanied by a signed bill of lading, indicating a POD. This POD may or may not be the original. An electronic copy of this POD shall be acceptable to Client, unless otherwise specifically noted by Client on Contract and agreed to by Olson. This POD may be delivered to Client via electronic mail (herein referred to as “e-mail”) or postal service. Olson shall consider the Invoice as past-due after the expiration of 15 days from the date noted therein. The Client agrees to pay interest on any past-due amounts at a rate of 1.5% per month. Olson shall keep a record of the transaction for a period of three years. The record shall show: (a) the name and address of the consignor; (b) the name, address, and registration number of the originating motor carrier; (c) the bill of lading or freight bill number; (d) the amount of compensation received by the broker for the brokerage service performed and the name of the payer; (e) a description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and (f) the amount of any freight charges collected by the broker and the date of payment to the carrier. Olson may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. Olson represents and warrants that: (a) it is a duly licensed Motor Transportation Broker, Docket No. MC343157, arranging for transportation of freight (except household goods) by the Federal Motor Carrier Safety Administration of the Department of Transportation; (b) Olson shall use its best efforts to utilize economic and timely carriers unless otherwise instructed by the Client; and (c) Olson is capable of meeting any financial commitments. The Client represents and warrants that: (a) all information that the Client has or had provided to Olson to secure any credit is true and correct; (b) the Client has title to the Load or is duly authorized to execute any required bill of lading. In any legal action between the Client and Olson concerning the Contract, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs. In addition, the Client agrees to pay Olson any costs incurred, including, without limitation, any reasonable and necessary attorney fees, in the event that Olson is forced to collect any past-due amounts. In the event of any claims, any insurance coverage provided by Olson, if any, shall be secondary and subordinate to the third-party carrier's insurance coverage. As a condition precedent to any recovery by the Client, the Client must provide to Olson written notice of any claims for loss, damage, injury, or delay arising from or relating to any Services provided by Olson (the "Notice") within 24 hours after the delivery of said Load, or in case of failure to make delivery, with within 24 hours after a reasonable time for delivery has elapsed. Where the Client's claims are not filed or the Client's suits not instituted in accordance with the provisions herein, Olson shall not be liable for any claims. The Client hereby authorizes Olson to verify any credit references and history. The Client hereby authorizes any bank and trade references listed on any application for credit to provide Olson with any information requested. The Client and Olson each agrees to perform all further acts and to execute and deliver all further documents which may be reasonably necessary to carry out the provisions of this Contract. The waiver by Olson of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. In the event that any of the provisions, or portions thereof, of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, will not be affected, and in lieu of such unenforceable provision there shall be added automatically as part of this Contract a provision as similar in terms as may be valid and enforceable. This Contract has been executed in and will be governed by the laws of The State of Wisconsin. Any action arising from or incidental to this Contract shall only be brought in La Crosse County, Wisconsin. This Contract may only be amended by the written consent of both the Client and Olson at the time of such amendment. A copy of these Terms and Conditions shall be valid as the original.

These Terms and Conditions are provided as a supplement to a Contract signed between the Client and Olson. These Terms and Conditions have been made readily available and have been referenced on said Contract. By signing said Contract, the undersigned acknowledges, accepts, and agrees to Olson Trucking Direct Inc. terms and conditions and certifies that the information given herein is true and correct.

Disclaimer: The content(s) of this document are property of Olson Trucking Direct, these documents and its contents and are intended solely for the use of the individual or entity to whom it is addressed. Any other use, retention, dissemination and/or copying of this document is strictly prohibited.

 

 

Website Terms and Conditions

 

Agreement Between User And Olson Trucking Direct.

The network of Web Sites (collectively, the "OLSON TRUCKING DIRECT Web Sites") operated by Olson Trucking Direct or its affiliates or subsidiaries ("OLSON TRUCKING DIRECT" or "OLSON TRUCK & TRAILER REPAIR" or “J OLSON ENTERPRISES”), is comprised of various Web sites and Web pages. The OLSON TRUCKING DIRECT Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the OLSON TRUCKING DIRECT Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular OLSON TRUCKING DIRECT website included within the OLSON TRUCKING DIRECT Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular OLSON TRUCKING DIRECT website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

Modification Of These Terms Of Use.

OLSON TRUCKING DIRECT reserves the right to change the terms, conditions, and notices under which the OLSON TRUCKING DIRECT Web Sites are offered, including but not limited to the charges associated with the use of the OLSON TRUCKING DIRECT Web Sites. You are responsible for regularly reviewing these terms and conditions.

 

Use Of Site.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the OLSON TRUCKING DIRECT Web Sites. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of OLSON TRUCKING DIRECT is strictly prohibited. Harassment in any manner or form on the Site or any of the OLSON TRUCKING DIRECT Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an OLSON TRUCKING DIRECT employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights And Trademarks.

All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to OLSON TRUCKING DIRECT, or other respective owners that have granted OLSON TRUCKING DIRECT the right and license to use such Marks.

Typographical Errors.

In the event an OLSON TRUCKING DIRECT product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, OLSON TRUCKING DIRECT shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. OLSON TRUCKING DIRECT shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, OLSON TRUCKING DIRECT shall issue a credit to your account in the amount of the incorrect price.

 

Term; Termination.

These terms and conditions are applicable to you upon your accessing the Site. These terms and conditions, or any of them, may be modified or terminated by OLSON TRUCKING DIRECT without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

 

Third-Party Links.

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with OLSON TRUCKING DIRECT, OLSON TRUCKING DIRECT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of OLSON TRUCKING DIRECT. OLSON TRUCKING DIRECT has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that OLSON TRUCKING DIRECT sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, OLSON TRUCKING DIRECT seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

Disclaimer.

OLSON TRUCKING DIRECT makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

OLSON TRUCKING DIRECT does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLSON TRUCKING DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OLSON TRUCKING DIRECT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLSON TRUCKING DIRECT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation Of Liability.

IN NO EVENT SHALL OLSON TRUCKING DIRECT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OLSON TRUCKING DIRECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification.

You agree to indemnify, defend, and hold harmless OLSON TRUCKING DIRECT, its affiliated companies, officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

 

Applicable Laws.

Your use of this Site shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of OLSON TRUCKING DIRECT products) shall be in the state or federal courts located in La Crosse County, Wisconsin. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of OLSON TRUCKING DIRECT services) must be commenced within one (1) year after the claim or cause of action arises. OLSON TRUCKING DIRECT's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. OLSON TRUCKING DIRECT may assign its rights and duties under this Agreement to any party at any time without notice to you.

OLSON TRUCKING DIRECT makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Wisconsin do so on their own initiative and are responsible for compliance with applicable local laws.

 

Arbitration.

By using this Site, you agree that OLSON TRUCKING DIRECT, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

General.

OLSON TRUCKING DIRECT may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

Brokerage Terms and Conditions

By brokering freight, the Vendor and Olson Trucking Direct, Inc., (herein referred to as “Olson”), hereby agree to the following Terms & Conditions, which supplement any existing Contract.

Vendor agrees to arrange transportation of certain property (herein referred to as the “Load”) as an authorized motor carrier in accordance with instructions provided by the Olson (herein referred to as “Services”). For these Services, Olson agrees to pay Vendor at a rate to be determined on a binding agreement (herein referred to as “Contract”) as agreed upon and signed by both Olson and Vendor prior to movement of Load, to include all expenses, storage or warehouse fees, applicable tariffs and taxes. Olson agrees to arrange at delivery locations, adequate arrangements to relieve Vendor of Load. If Vendor is unable to unload within a reasonable amount of time, Vendor may choose to charge Olson for Detention Time. Detention Time must be authorized by Olson prior to it beginning. Any Detention Time charged by Vendor but not authorized by Olson, shall not be paid. The rate of pay for Detention Time, as well as the amount of such, must be authorized by a member of Olson’s dispatch or other authorized representative of Olson. Vendor is required to send, prior to start of Detention Time, an updated Contract detailing the rate of Detention Time and start time of same Detention, to constitute authorization by Olson. The amount of Detention Time shall be indicated on the bill of lading or proof of delivery (herein referred to as “POD”) and shall be signed by the consignee. In the event of an oversize, overweight, or over-dimension load, if Olson provides to Vendor the measurements of Load, these measurements may or may not be verified by Olson and it is the Vendor’s responsibility to verify any measurement. If any fees are incurred due to an inaccurate measurement by Olson, the Vendor agrees to be responsible for such fees and shall hold Olson, its affiliates, customers and employees harmless of any related charge. Vendor shall deliver an Invoice and all pages of the original POD to the Olson upon delivery of Load and said Invoice, with all pages of the original POD, shall constitute prima facia evidence of the debt that the Olson owes Vendor as compensation for the Services rendered therein. Olson agrees to pay said Invoice according to the terms listed on Contract from the date of receipt, not the date of Invoice; if no terms are listed, Olson shall pay at 30 days from receipt of Invoice. The Invoice must be accompanied by a signed bill of lading, indicating a POD. This POD must be the original, unless otherwise stated by Olson. An electronic copy of this POD may be acceptable to Olson, unless otherwise specifically noted by Olson on Contract. Olson may hold payments to Vendor if Olson has not received payment from Customer for said Load. After ninety (90) days of nonpayment from Customer, Olson may exercise collection and legal efforts to pursue collection of monies due on Load. Vendor shall be paid as Olson is paid for same Load. Vendor may not exercise such collections or legal effort against Olson, or affiliated companies, officers or employees if these specific conditions apply and shall hold Olson harmless from such debt of same Load. Olson and Vendor shall keep a record of the transaction for a period of three years. The record shall show: (a) the name and address of the consignor; (b) the name, address, and registration number of the originating motor carrier; (c) the bill of lading or freight bill number; (d) the amount of compensation received by the broker for the brokerage service performed and the name of the payer; (e) a description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and (f) the amount of any freight charges collected by the broker and the date of payment to the carrier. Olson may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. Vendor represents and warrants that: (a) it is a duly licensed Motor Transportation Broker, Docket, arranging for transportation of freight (except household goods) by the Federal Motor Carrier Safety Administration of the Department of Transportation; (b) Olson shall use its best efforts to utilize economic and timely carriers unless otherwise instructed by the Olson; and (c) Vendor is capable of meeting any financial commitments. Olson represents and warrants that: (a) all information that the Vendor has or had provided to Vendor to secure any credit is true and correct; (b) Olson has title to the Load or is duly authorized to execute any required bill of lading. In any legal action between the Vendor and Olson concerning the Contract, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs. In the event of any claims, any insurance coverage provided by Olson, if any, shall be secondary and subordinate to the third-party carrier's insurance coverage. As a condition precedent to any recovery by the Vendor, the Vendor must provide to Olson written notice of any claims for loss, damage, injury, or delay arising from or relating to any Services provided by Vendor (the "Notice") within 24 hours after the delivery of said Load, or in case of failure to make delivery, with within 24 hours after a reasonable time for delivery has elapsed. Where the Vendor’s claims are not filed or the Vendor’s suits not instituted in accordance with the provisions herein, Olson shall not be liable for any claims. The Vendor and Olson each agrees to perform all further acts and to execute and deliver all further documents which may be reasonably necessary to carry out the provisions of this Contract. In the event that any of the provisions, or portions thereof, of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, will not be affected, and in lieu of such unenforceable provision there shall be added automatically as part of this Contract a provision as similar in terms as may be valid and enforceable. This Contract has been executed in and will be governed by the laws of The State of Wisconsin. Any action arising from or incidental to this Contract shall only be brought in La Crosse County, Wisconsin. This Contract may only be amended by the written consent of both the Vendor and Olson at the time of such amendment. A copy of these Terms and Conditions shall be valid as the original.

These Terms and Conditions are provided as a supplement to a Contract signed between the Client and Olson. These Terms and Conditions have been made readily available and have been referenced on said Contract. By signing said Contract, the undersigned acknowledges, accepts, and agrees to Olson Trucking Direct Inc. terms and conditions and certifies that the information given herein is true and correct.

Disclaimer: The content(s) of this document are property of Olson Trucking Direct, these documents and its contents and are intended solely for the use of the individual or entity to whom it is addressed. Any other use, retention, dissemination and/or copying of this document is strictly prohibited. This document may be updated without notice and it is the responsibility of Vendor to print and keep the appropriate revision of these Terms with each Contract. Vendor agrees to these Terms by signing into Contract with Olson and its affiliated companies.