Membership in This Program is Free!
Member understands and agrees to these simple terms:
We will be attaching your company to our National Pricing Program(s). Your company will have it’s own rates and billed directly by the carrier. Therefore, the person submitting this agreement form states and confirms that they have the legal authority to act on behalf of the company they are listing on this form and agrees to below terms:
ASC agrees to submit Member’s name to the carrier(s) for enrollment into the offered National Pricing Program(s) for the purpose of obtaining discounts with the carrier(s). Member agrees that the “Join ASC” Application Form is treated as a “Letter of Authorization” to be given to carrier(s) if necessary and that this agreement gives ASC permission to fully act on Member’s behalf to activate and attach Member to ASC’s National Pricing Program(s).
Because ASC is simply acting as a free association; Member agrees ASC cannot be held liable for mistakes made by either the Member or the carrier. ASC is not liable for errors resulting from incorrect Bill-of-Ladings, incorrect classing of shipments, inaccurate weight or dimensions or other errors. ASC is not liable for changes or errors in carrier policy or pricing, any damage or loss to any shipment or quotes received from carrier, ASC, carrier software or if carrier refuses to attach Member to our pricing program.
Members that have credit terms agrees to make all payments in a timely manner to the carrier(s). Member agrees to let ASC send emails relating to changes with the carrier(s), the pricing program itself or other options available to Members.
ASC and Member both reserve the right to terminate this agreement at any time for any reason. Member may terminate this agreement at any time for any reason by notifying ASC in writing, while realizing that each carrier must be notified and that 30 days or more may be needed to complete termination after all past carrier invoices have been paid in full. All shipments and invoices prior to termination of this agreement shall remain under the terms of this agreement.
Member understands and agrees that Member has given ASC permission to negotiate for and attach Member to ASC’s National Carrier Pricing Program(s). Member shall indemnify and hold ASC harmless against all claims, costs, or damages, including, but not limited to, direct and incidental damages arising from such authority. Member agrees to pay and discharge all costs and expenses, including reasonable attorney fees, travel and collection fees incurred by ASC in connection with defending ASC under this agreement. ASC does not insure or indemnify Member against losses, damages, delays or other liability resulting from or incurred in connection with any carrier. In the event of a claim, Member shall look solely to the Carrier and/or Member’s own insurance in the event of a claim for damage or loss even if insurance is brokered through ASC. Because the transportation of Member’s freight is performed exclusively by the Carrier and not by ASC, the Member agrees to hold ASC harmless for services (i.e. transportation of freight) performed by the Carrier. Member further understands and agrees that it will be subject to, and bound by, the Carrier’s specific limitations as to claims, losses and/or damages, and that it will not be able to recover any damages or losses in excess of such limitations.
The parties stipulate to jurisdiction and venue in the State and County where ASC’s main office is located, for any dispute or litigation arising out of this agreement. ASC’s current address is located in Kansas so this agreement shall be governed by and in accordance with the state of Kansas, County of Elk and without prejudice the ability of the Member to enforce this agreement in any other proper jurisdiction, all parties hereto irrevocably submit to the jurisdiction of the Courts of Elk County, KS for any dispute or litigation arising out of this agreement.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. It is the Member’s responsibility to check this policy.
ASC is an abbreviation for Associated Shippers, which is a DBA for RGC Enterprises Corp., a Kansas corporation. copyright 2017