Terms and Conditions | Privacy Policy

U.S.A CLIENTS

TERMS & CONDITIONS BETWEEN DRINX LOGISTICS TRANSPORT (“DRINX LOGISTICS”) AND U.S.A CLIENTS

These Terms and Conditions (“Rules”) govern all shipments of commodities ("Goods") for which DRINX LOGISTICS or one of its affiliates (“DRINX LOGISTICS”) arranges transportation or related logistics services for any shipper, consignor, consignee, beneficial owner or any other party requesting or using DRINX LOGISTICS’s services (“Customer”). To the extent DRINX LOGISTICS and Customer have executed a different agreement pertaining to the provision of Services or shipment of Goods, then that agreement shall govern to the extent it is inconsistent with these Rules. Customer agrees to be bound by these Rules and, pursuant to 49 U.S.C. § 14101(b)(1), waives any and all rights and remedies that it may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions herein.

Broker - Customer acknowledges that DRINX LOGISTICS is a transportation broker, not a motor carrier or freight forwarder, and is responsible only for arranging transportation and related services of Goods, and not for actually performing the transportation or related services.

Services - DRINX LOGISTICS, acting as a broker, agrees to arrange the transportation with its third-party motor carriers ("Carriers") licensed by the appropriate governmental entity to provide transportation and related services (“Services”) to Customer.

Credit - All Customers are subject to credit approval. The amount of credit, if any, granted to Customer is at the sole and entire discretion of DRINX LOGISTICS. Customer allows DRINX LOGISTICS to disclose business and financial confidential information to its credit insurers. DRINX LOGISTICS reserves the right to withhold Services and to have Carriers hold Goods that are in transit to ensure payment of all invoices.

Payment - Payment for Services is due within fifteen (15) calendar days of date of invoice. Customer is permitted ten (10) calendar days from the date of the invoice to dispute any invoiced charges. If DRINX LOGISTICS does not receive a written dispute within the allowable ten (10) calendar days, Customer waives any right to dispute the invoices. Payment may be made by check, money order, electronic funds transfer, or, if approved in advance, by credit card. Invoices not paid as agreed are subject to a service charge of 4% per month or the highest lawful rate, if less. Customer will be liable for all related costs and expenses, including attorneys’ fees and in house attorneys’ fees, costs, and collection agency fees related to DRINX LOGISTICS’s efforts to collect outstanding invoices.

Missed Appointments – DRINX LOGISTICS does not accept liability for any fines due to missed appointments. We do not guarantee delivery times because they can be affected by tight schedules, weather, break-downs, and unforeseen circumstances.

DRINX LOGISTICS will enter into relationships with Carriers, either by execution of written contracts or by incorporation of DRINX LOGISTICS’s or Carriers’ tariffs. To the extent that those contracts and/or tariffs affect the rights and obligations of Customer, Customer is bound.

DRINX LOGISTICS and Carriers’ Liability - Customer acknowledges DRINX LOGISTICS and Carriers are not liable for the following: (1) damage or injury to Goods to the extent due to packaging, loading, unloading, blocking, bracing or securing of Goods; (2) inherent vice or defect in Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable products; (3) an act of God or the public enemy; (4) any act or default of any Customer; (5) any act taken under authority of law; (6) any act of war or terrorism ; or (7) special, consequential, indirect, incidental, or punitive damages including any and all liquidated damages, penalties, lost profits, or loss of business of any kind.

Carriers’ Limitations of Liability - Customer acknowledges that Carriers may limit their liability based on a valuation per pound or otherwise. Such limitations may be in a contract, a tariff, on Carrier's website, or on a bill of lading or other similar document, and Customer agrees to be bound by that limitation. Unless otherwise agreed to in writing between DRINX LOGISTICS, Carrier and Customer, Carrier’s liability will not exceed $100,000 USD per shipment for FTL loads, or the lesser of $2/pound or $100,000 USD for LTL loads.

Claims - DRINX LOGISTICS shall not be liable for any type of claims, including, without limitation, cargo claims, property damage claims, or personal injury claims (collectively referred as ‘Claims’). DRINX LOGISTICS has no responsibility, liability or involvement in the payment of Claims. This being said, DRINX LOGISTICS and Customer may agree that DRINX LOGISTICS will be Customer’s primary point of contact for any loss, damage or delay to cargo ("Cargo Claims"), for which DRINX LOGISTICS receives timely notification and pertinent information, and for which Customer cooperates with DRINX LOGISTICS. If Customer wishes DRINX LOGISTICS to attempt to assist with processing of a Cargo Claim, Customer must notify DRINX LOGISTICS within thirty days of delivery or failed delivery. Customer must provide DRINX LOGISTICS with all supporting documentation, including, but not limited to, the following documents: bill of lading, document showing receipt of all Goods in good condition by Carrier, delivery documents showing the shipment was delivered short or damaged, a vendor's invoice showing the value of Goods, a demand for a specific amount of money, with a clear explanation of how that amount is determined, communication from the Carrier or consignee that the shipment was not delivered, and any other supporting documentation that DRINX LOGISTICS or the Carrier may request. Customer acknowledges that its failure to promptly provide all requested document will result in a denial of the Claim.

Claims procedures contained in 49 CFR Section 370 apply to all Cargo Claims. Customer acknowledges that any Cargo Claims must be filed against the appropriate Carrier within 9 months of the date of delivery of Goods, or in the case of non-delivery, within 9 months of the date delivery should have been made. Notice to DRINX LOGISTICS does not constitute filing of claim with the Carrier. DRINX LOGISTICS is not responsible to file the claim with the Carrier. Any suit or other legal action to recover for cargo loss, damage, injury or delay, must be commenced against Carrier no later than 2 years after declination of the Cargo Claim by Carrier. The filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a Carrier to process a claim.

Customer's Duties - Customer is responsible for ensuring that Goods are properly and safely loaded, supported, blocked, braced, and secured, and Customer will be responsible for expenses and damages arising out of any resulting load shifts. Customer must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. Customer will properly notify DRINX LOGISTICS in writing in advance if it tenders any restricted commodities, or any other Goods that may require special handling, including hazardous materials and waste, oversize or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold. Customer is responsible for properly counting and recording the number of pieces transported. Customer is responsible for checking all empty containers or trailers tendered for loading and rejecting any equipment that is not in apparent suitable condition to protect and preserve Goods during transportation. If Customer requests that DRINX LOGISTICS arrange for equipment to be dropped at a location for Customer's convenience and left unattended by Carrier, Customer and its consignors or consignees will not lose, damage, or misuse the equipment and Customer will pay for loss or damage to the equipment, damage to third parties’ goods, or personal injuries occurring during or as a result of such custody, control, possession, or use of the equipment. Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. DRINX LOGISTICS assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

Applicable Law - By requesting or using the services of DRINX LOGISTICS , Customer agrees to jurisdiction and venue in the United States District Court for the Eastern Division of the Northern District of Illinois or, if federal jurisdiction is not available, in state court located in Cook County, Illinois.

Pricing - Prices are subject to change without notice, if shipment information provided by Customer is deemed to be incorrect or incomplete.

Changes to Rules - Customer agrees to be bound by all of the terms and conditions contained in these Rules. DRINX LOGISTICS may modify these Rules from time to time, upon posting the most up to date terms and conditions on www.18wheelslogistics.com Such changes shall be effective for all transactions between DRINX LOGISTICS and Customer after the date of the posting.

U.S.A CARRIERS

TERMS & CONDITIONS BETWEEN DRINX LOGISTICS EE TRUCKING LIMITED D.B.A. DRINX LOGISTICS TRANSPORT (“DRINX LOGISTICS”) AND U.S.A CLIENTS

These terms and conditions (“Rules”) between DRINX LOGISTICS and motor carriers applies to all shipments of commodities (“Goods”) for which DRINX LOGISTICS engages the services of a motor carrier or freight forwarder (“Carrier”).

Carrier, by agreeing to perform transportation or related services ("Services"), is bound by these Rules and waives, pursuant to 49 U.S.C. § 14101(b)(1), any all rights and remedies that it may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions of these Rules.

DRINX LOGISTICS as Broker
DRINX LOGISTICS is a transportation broker, authorized to arrange for transportation of Goods by Carriers.

Carrier
Carrier is licensed by the Federal Motor Carrier Association ("FMCSA") as a motor common carrier, motor contract carrier, or freight forwarder.

Scope
These Rules apply to all shipments tendered to Carrier by DRINX LOGISTICSor by third parties on behalf of DRINX LOGISTICS.

Incorporation of DRINX LOGISTICS /Customer Terms and Conditions/Rules

Carrier acknowledges that DRINX LOGISTICS and shippers, consignors, consignees, beneficial owners, and other parties requesting Services ("Customers") will have entered into agreements, either by execution of written contracts or by incorporation of DRINX LOGISTICS 's tariffs. To the extent that those contracts and/or tariffs affect the rights and obligations of Carrier, Carrier is bound by those contracts and tariffs. DRINX LOGISTICSshall disclose to Carrier any applicable terms and conditions upon the written request of Carrier.

Safety Rating
By agreeing to perform Services, Carrier warrants that it does not have an “Unsatisfactory” safety rating as determined by the FMCSA.

Services
Carrier must transport safely, promptly, and efficiently all shipments tendered to it by DRINX LOGISTICS.
Carrier, at its own cost and expense, must provide and maintain motor vehicles and other equipment used in providing its services, in good, safe, and efficient condition, and in compliance with all laws and regulations governing the maintenance and operation of such motor vehicles and other equipment.

Carrier will accept instruction for changes in delivery place or time from DRINX LOGISTICSonly. If Carrier accepts change instructions from parties other than DRINX LOGISTICS, Carrier does so at its own risk and will forfeit its right to compensation for the shipment.

Carrier Compensation
Carrier agrees to invoice DRINX LOGISTICS within ten (10) days of delivery of a shipment. Each invoice must include an original or legible copy of the signed bill of lading and the signed delivery receipt.

DRINX LOGISTICS agrees to pay Carrier in accordance with individual Rate Confirmations, if applicable, or otherwise as agreed in writing.

DRINX LOGISTICS may offset payments due to Carrier against payments owed from Carrier. Unless other payment terms are agreed to between the Parties, DRINX LOGISTICS will make payment to Carrier within thirty (30) days of receipt of an uncontested invoice.

DRINX LOGISTICS is the sole party responsible for payment of Carrier's charges. Carrier agrees not to seek payment from shippers, consignees, or any other parties.

Carrier, for itself and on behalf of all approved agents and subcontractors, waives any lien which may exist against Goods. Carrier shall not withhold delivery of Goods due to any dispute with DRINX LOGISTICS , a shipper, a consignee, or any other party.

No Back Solicitation
Acceptance by Carrier of a load offered by DRINX LOGISTICSwill constitute Carrier's recognition that the shipper of the load is a customer of DRINX LOGISTICS .

Carrier agrees not to solicit, arrange for, or accept, directly or indirectly, loads from DRINX LOGISTICS ’s customers from anyone other than DRINX LOGISTICS .

In the event of a breach of this provision, DRINX LOGISTICSwill be entitled to a commission of 25% of the gross transportation revenue received by Carrier from DRINX LOGISTICS ’s customer for a period of two (2) years after the last shipment subject to these Rules is delivered.

Bills of Lading, Documentation
Carrier must issue a bill of lading for each shipment and provide DRINX LOGISTICSwith proof of acceptance and delivery of each shipment. The terms and conditions of any bill of lading or other freight documentation used by Carrier or its subcontractors will not supplement, alter, or modify these Rules.

Cargo Loss, Damage, and Delay.
Except as otherwise provided in these Rules, Carrier is liable for loss, damage, or delay in connection with the Goods according to the provisions of 49 U.S.C. § 14706.

Carrier’s liability for loss, damage, or delay in connection with Goods is for full actual loss and may not be limited by contract or otherwise.

If Carrier receives a sealed trailer, Carrier must not allow the seal to be removed or compromised without authorization in writing from DRINX LOGISTICSor the owner of the Goods. Any failure to comply with this requirement will result in the Goods conclusively being deemed damaged in full.

All claims for loss, damage, or delay will be processed in accordance with 49 CFR Part 370, except that claims must be concluded within 60 days of receipt. If a claim has not been concluded within 60 days of receipt, DRINX LOGISTICS has the right to set-off the claim amount from money due Carrier.

Carrier shall not sell or attempt to sell any Goods that are the subject of transportation services governed by this Agreement.

If Carrier’s failure to deliver a shipment as agreed results in a charge-back against DRINX LOGISTICSor Customer, Carrier is liable for the amount of the charge-back.

Claims based on a concealed loss or damage, which are reported to Carrier within 15 days of the date of delivery, shall be treated by Carrier as if an exception notation had been made on the delivery receipt at the time of delivery.

No Lien
Carrier waives and relinquishes all rights it might otherwise have to impose a lien under state or federal law against the Goods and shall not otherwise withhold delivery of any Goods due to any dispute with DRINX LOGISTICS , shipper, consignee, or any other party.

Subcontracting
Carrier shall not broker, subcontract, or interline a shipment without the prior written approval of DRINX LOGISTICS . If Carrier does so without authority from DRINX LOGISTICS, neither Carrier nor the party performing services shall charge DRINX LOGISTICS or its customers for such services. In addition, whether or not Carrier has DRINX LOGISTICS ’s prior written approval to broker, subcontract, or interline, Carrier will remain responsible and liable as if Carrier performed the services itself as a motor carrier.

Indemnification
Carrier shall indemnify, defend, and hold harmless DRINX LOGISTICS, shippers, consignees, and owners of the Goods, their officers, agents, and employees (“Indemnitees”) against any and all liability, claims, or expenses, including attorneys’ fees and other costs of defense, with respect to those claims relating in any way to Carrier’s, its employees’ or its subcontractors’ performance or failure to perform asserted against Indemnitees by any person or entity.

Insurance
At all times, at its own expense, Carrier will maintain the insurance specified below. All insurance must be primary and required to respond and pay prior to any other available coverage.

Worker’s compensation insurance in statutory amounts;

Employer’s Liability insurance with limits of not less than $1,000,000;

Occurrence based commercial General Liability Insurance including blanket contractual coverage, with combined single limits of $1,000,000 for personal injury, including death, and $1,000,000 for each occurrence for property damage including: (i) Premises operation; and (ii) Contractual liability for the liability assumed by Carrier pursuant to any indemnification agreements between DRINX LOGISTICSand Carrier;

Occurrence based Truckers Policy or Automobile Liability Insurance with limits of $1,000,000 per occurrence, and Hazardous Materials coverage of not less than $5,000,000 per occurrence if Hazardous Materials are handled; and
Occurrence based cargo insurance with limits of liability of not less than $100,000 per shipment. Carrier's cargo insurance policy shall not exclude coverage for fraud, infidelity, unattended vehicle, dishonesty, or criminal acts of carrier's employees or agents. If the policies include such exclusions, Carrier must obtain and provide DRINX LOGISTICSwith proof of a fidelity policy.

CANADA CLIENTS

TERMS AND CONDITIONS BETWEEN DRINX LOGISTICS AND CUSTOMER

These Terms and Conditions (“Rules”) govern all shipments of commodities ("Goods") for which DRINX LOGISTICSInc. or one of its affiliates ("DRINX LOGISTICS") arranges transportation or related logistics services for any shipper, consignor, consignee, beneficial owner or any other party requesting or using DRINX LOGISTICS ’s services (“Customer”). To the extent DRINX LOGISTICS and Customer have executed a different agreement pertaining to the provision of Services or shipment of Goods, then that agreement shall govern to the extent it is inconsistent with these Rules.

Broker - Customer acknowledges that DRINX LOGISTICSis a transportation broker, not a motor carrier or freight forwarder, and is responsible only for arranging transportation and related services of Goods, and not for actually performing the transportation or related services.

Services - DRINX LOGISTICS, acting as a broker, agrees to arrange the transportation with its third-party motor carriers ("Carriers") licensed by the appropriate governmental entity to provide transportation and related services (“Services”) to Customer.

Credit - All Customers are subject to credit approval. The amount of credit, if any, granted to Customer is at the sole and entire discretion of DRINX LOGISTICS. Customer allows DRINX LOGISTICS to disclose business and financial confidential information to its credit insurers. DRINX LOGISTICS reserves the right to withhold Services and to have Carriers hold Goods that are in transit to ensure payment of all invoices.

Payment - Payment for Services is due within fifteen (15) calendar days of date of invoice. Customer is permitted ten (10) calendar days from the date of the invoice to dispute any invoiced charges. If DRINX LOGISTICS does not receive a written dispute within the allowable ten (10) calendar days, Customer waives any right to dispute the invoices. Payment may be made by check, money order, electronic funds transfer, or, if approved in advance, by credit card. Invoices not paid as agreed are subject to a service charge of 4% per month or the highest lawful rate, if less. Customer will be liable for all related costs and expenses, including attorneys’ fees and in-house attorneys’ fees, costs, and collection agency fees related to DRINX LOGISTICS ’s efforts to collect outstanding invoices.
Missed Appointments – DRINX LOGISTICS does not accept liability for any fines due to missed appointments. We do not guarantee delivery times because they can be affected by tight schedules, weather, break-downs, and unforeseen circumstances.

Carriers - DRINX LOGISTICS will enter into relationships with Carriers, either by execution of written contracts or by incorporation of DRINX LOGISTICS ’s or Carriers’ tariffs. To the extent that those contracts and/or tariffs affect the rights and obligations of Customer, Customer is bound.

DRINX LOGISTICS and Carriers’ Liability - Customer acknowledges DRINX LOGISTICS and Carriers are not liable for the following: (1) damage or injury to Goods to the extent due to packaging, loading, unloading, blocking, bracing or securing of Goods; (2) inherent vice or defect in Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable products; (3) an act of God or the public enemy; (4) any act or default of any Customer; (5) any act taken under authority of law; (6) any act of war or terrorism; or (7) special, consequential, indirect, incidental, or punitive damages including any and all liquidated damages, penalties, lost profits, or loss of business of any kind.

Carriers’ Limitations of Liability - Customer acknowledges that Carriers may limit their liability based on a valuation per pound or otherwise. Such limitations may be in a contract, a tariff, on Carrier's website, or on a bill of lading or other similar document, and Customer agrees to be bound by that limitation. Unless otherwise agreed to in writing between DRINX LOGISTICS, Carrier and Customer, Carrier’s liability will not exceed $100,000 CAD per shipment for FTL loads, or the lesser of $2/pound or $100,000 CAD for LTL loads.

Claims - DRINX LOGISTICS shall not be liable for any type of claims, including, without limitation, cargo claims, property damage claims, or personal injury claims (collectively referred as ‘Claims’). DRINX LOGISTICS has no responsibility, liability or involvement in the payment of Claims. This being said, DRINX LOGISTICS and Customer may agree that DRINX LOGISTICS will be Customer’s primary point of contact for any loss, damage or delay to cargo ("Cargo Claims"), for which DRINX LOGISTICS receives timely notification and pertinent information, and for which Customer cooperates with DRINX LOGISTICS. If Customer wishes DRINX LOGISTICS to attempt to assist with processing of a Cargo Claim, Customer must notify DRINX LOGISTICS within thirty days of delivery or failed delivery. Customer must provide DRINX LOGISTICSwith all supporting documentation, including, but not limited to, the following documents: bill of lading, document showing receipt of all Goods in good condition by Carrier, delivery documents showing the shipment was delivered short or damaged, a vendor's invoice showing the value of Goods, a demand for a specific amount of money, with a clear explanation of how that amount is determined, communication from the Carrier or consignee that the shipment was not delivered, and any other supporting documentation that DRINX LOGISTICSor the Carrier may request. Customer acknowledges that its failure to promptly provide all requested document will result in a denial of the Claim.

Customer acknowledges that any Cargo Claims must be filed against the appropriate Carrier within 60 days of the date of delivery of Goods, or in the case of non-delivery, within 9 months of the date delivery should have been made. Notice to DRINX LOGISTICS does not constitute filing of claim with the Carrier. DRINX LOGISTICS is not responsible to file the claim with the Carrier. Any suit or other legal action to recover for cargo loss, damage, injury or delay, must be commenced against Carrier within the statutory limit allowed by law. The filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a Carrier to process a claim.

Customer's Duties - Customer is responsible for ensuring that Goods are properly and safely loaded, supported, blocked, braced, and secured, and Customer will be responsible for expenses and damages arising out of any resulting load shifts. Customer must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. Customer will properly notify DRINX LOGISTICS in writing in advance if it tenders any restricted commodities, or any other Goods that may require special handling, including hazardous materials and waste, oversize or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold. Customer is responsible for properly counting and recording the number of pieces transported. Customer is responsible for checking all empty containers or trailers tendered for loading and rejecting any equipment that is not in apparent suitable condition to protect and preserve Goods during transportation. If Customer requests that DRINX LOGISTICS arrange for equipment to be dropped at a location for Customer's convenience and left unattended by Carrier, Customer and its consignors or consignees will not lose, damage, or misuse the equipment and Customer will pay for loss or damage to the equipment, damage to third parties’ goods, or personal injuries occurring during or as a result of such custody, control, possession, or use of the equipment. Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. DRINX LOGISTICS assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

Applicable Law and Jurisdiction - By requesting or using the services of DRINX LOGISTICS , Customer agrees these Rules are governed by the laws and regulations of the Province of British Columbia and of Canada and all disputes arising out of it shall be brought in the judicial district on British Columbia , Province of British Columbia or the Federal Court.

Pricing - Prices are subject to change without notice, if shipment information provided by Customer is deemed to be incorrect or incomplete.

Changes to Rules - Customer agrees to be bound by all of the terms and conditions contained in these Rules. DRINX LOGISTICS may modify these Rules from time to time, upon posting the most up to date terms and conditions on www.18wheelslogistics.com. Such changes shall be effective for all transactions between DRINX LOGISTICS and Customer after the date of the posting.

Language – Les parties aux présentes ont demandé que les présentes soient rédigées en anglais seulement. The parties have requested that these Rules be drawn up in the English language.

CANADA CARRIERS

TERMS AND CONDITIONS BETWEEN DRINX LOGISTICS AND MOTOR CARRIERS

These terms and conditions ("Rules") between DRINX LOGISTICS and motor carriers applies to all shipments of commodities ("Goods”) for which DRINX LOGISTICS engages the services of a motor carrier or freight forwarder ("Carrier") in Canada.

Carrier, by agreeing to perform transportation or related services ("Services"), is bound by these Rules and waives, pursuant to any all rights and remedies that it may have according to law, that are contrary to specific provisions of these Rules.

DRINX LOGISTICS as Broker

Carrier acknowledges that DRINX LOGISTICSis a transportation broker duly registered as a transport service intermediary with the British Columbia Transport Commission and as a broker with the Federal Motor Carrier Safety Administration (“FMCSA”). DRINX LOGISTICSis not a motor carrier or a freight forwarder, and is responsible only for arranging transportation and related services of Goods, not for actually performing the transportation or related services.

Carrier
Carrier performs motor carrier transportation services and is duly registered with at least one of the Canadian provincial transport authorities and/or licensed by the FMCSA to provide transportation and related services.

Scope
These Rules apply to all shipments tendered to Carrier by DRINX LOGISTICSor by third parties on behalf of DRINX LOGISTICS .

Incorporation of DRINX LOGISTICS /Customer Terms and Conditions/Rules

Carrier acknowledges that DRINX LOGISTICSand shippers, consignors, consignees, beneficial owners, and other parties requesting Services ("Customers") will have entered into agreements, either by execution of written contracts or by incorporation of DRINX LOGISTICS 's terms and conditions with Customers. To the extent that those contracts and/or terms and conditions affect the rights and obligations of Carrier, Carrier is bound by those contracts, terms and conditions. DRINX LOGISTICSshall disclose to Carrier any applicable terms and conditions upon the written request of Carrier.

Safety Rating
By agreeing to perform Services, Carrier warrants that it does not have an “Unsatisfactory” safety rating as determined by any Canadian provincial transport authority or by the FMCSA.

Services
Carrier must transport safely, promptly, and efficiently all shipments tendered to it by DRINX LOGISTICS ;
Carrier, at its own cost and expense, must provide and maintain motor vehicles and other equipment used in providing its Services, in good, safe, and efficient condition, and in compliance with all laws and regulations governing the maintenance and operation of such motor vehicles and other equipment. DRINX LOGISTICS will not be liable to Carrier for any damage sustained by or to Carrier’s motor vehicles and other equipment or for loss by complication or seizure by any public authority;

Carrier will accept instruction for changes in delivery place or time from DRINX LOGISTICS only. If Carrier accepts change instructions from parties other than DRINX LOGISTICS , Carrier does so at its own risk and will forfeit its right to compensation for the shipment;

All transportation services will be performed in full compliance with federal, provincial, municipal and to the extent applicable, international laws or regulations governing its operations, as well as any legislation and related programs designed to protect transportation activities from terrorist attacks, such as the Custom-Trade Partnership Against Terrorism (“CTPAT”) and the Free and Secure Trade initiative.

Carrier Compensation
Carrier agrees to invoice DRINX LOGISTICSwithin ten (10) days of delivery of a shipment. Each invoice must include an original or legible copy of the signed bill of lading, the signed delivery receipt(s) and any other billing documents reasonably requested by DRINX LOGISTICS;

Provided such documents are received, DRINX LOGISTICS agrees to pay Carrier in accordance with individual rate confirmations, if applicable, or otherwise as agreed in writing. Unless other payment terms are agreed to between the parties, DRINX LOGISTICS will make payment to Carrier within thirty (30) days of receipt of Carrier’s bill of lading and delivery receipts;

DRINX LOGISTICS shall have the right to set off claims for loss, damage or delay, and claims for overcharge or duplicate payment, against freight or other charges owed to Carrier;

DRINX LOGISTICS is the sole party responsible for payment of Carrier's charges. Carrier agrees not to seek payment from shippers, consignees, or any other parties;

Carrier, for itself, and on behalf of all approved agents and subcontractors, waives its rights to any lien which may exist against Goods or property of DRINX LOGISTICS or any of its Customers, shippers or consignees. Carrier shall not withhold delivery of Goods due to any dispute with DRINX LOGISTICS , a shipper, a consignee, or any other party.

No Back Solicitation
Acceptance by Carrier of a load offered by DRINX LOGISTICSwill constitute Carrier's recognition that the shipper of the load is a Customer of DRINX LOGISTICS ;

Carrier agrees not to solicit, arrange for, or accept, directly or indirectly, loads from DRINX LOGISTICS ’s Customers from anyone other than DRINX LOGISTICS ;

In the event of a breach of this provision, DRINX LOGISTICSwill be entitled to a commission of 25% of the gross transportation revenue received by Carrier from DRINX LOGISTICS ’s Customer for a period of two (2) years after the last shipment, subject to these Rules, is delivered.

Bills of Lading and Other Shipping Documents
Carrier must issue a bill of lading for each shipment and provide DRINX LOGISTICSwith proof of acceptance and delivery of each shipment. Said bill of lading shall indicate the kind, quantity and condition of Goods by Carrier in apparent good order and condition unless such Goods are not readily observable (contents and condition of contents of package unknown) or as may be otherwise noted on the face of the bill of lading. The terms and conditions of any bill of lading or other freight documentation used by Carrier or its subcontractors will not supplement, alter, or modify these Rules. If DRINX LOGISTICSis erroneously identified as the “carrier” on any bill of lading or other documents at the origin point or in the course of transit, such designation does not in any way, modify or amend the relationship between DRINX LOGISTICSand the Carrier under these Rules or the role of DRINX LOGISTICSas a transport service intermediary or broker.

Cargo Loss, Damage, and Delay
Except as otherwise provided in these Rules, Carrier is liable for loss, damage, or delay in connection with the Goods accepted by Carrier or its agent. Carrier’s duties and responsibilities under these Rules shall commence when Carrier takes possession and control of DRINX LOGISTICS ’s Customers’ Goods or upon execution or such bill of lading or receipt by Carrier, whichever occurs first, and shall end when consignee signs the bill of lading or delivers a receipt and Carrier delivers the Goods;

Carrier shall be liable for the total, actual value of the shipments tendered by DRINX LOGISTICS to Carrier, including the freight and other costs, if so paid. The terms “actual value” means the value of the Goods at the place and time of shipment;

If Carrier receives a sealed trailer, Carrier must not allow the seal to be removed or compromised without authorization in writing from DRINX LOGISTICS or the owner of the Goods. Any failure to comply with this requirement will result in the Goods conclusively being deemed damaged in full;

All claims for loss, damage, or delay must be concluded within sixty (60) days of receipt. If a claim has not been concluded within sixty (60) days of receipt, DRINX LOGISTICS has the right to set-off the claim amount from money due Carrier;

Carrier shall not sell or attempt to sell any Goods that are the subject of transportation services governed by these Rules. In the event branded or labeled Goods are damaged, DRINX LOGISTICS ’s Customer may determine, at its entire discretion, whether the Goods can be salvaged, and if salvageable, the value of such salvage. Any salvage receipts shall be deducted from the amount of DRINX LOGISTICS ’s claim against Carrier. If DRINX LOGISTICS ’s Customer permits its Goods to be salvaged, and Carrier pays the total, actual value of the damaged Goods, Carrier may retain custody of the Goods after removing all identifying marks or labels;

If Carrier’s failure to deliver a shipment as agreed results in a charge-back against DRINX LOGISTICSor Customer, Carrier is liable for the amount of the charge-back;

Claims based on a concealed loss or damage, which are reported to Carrier within fifteen (15) days of the date of delivery, shall be treated by Carrier as if an exception notation had been made on the delivery receipt at the time of delivery.

No Lien
Carrier waives and relinquishes all rights it might otherwise have to impose a lien under federal or provincial law against the Goods and shall not otherwise withhold delivery of any Goods due to any dispute with DRINX LOGISTICS , shipper, consignee, or any other party.

Subcontracting
Carrier shall not broker, subcontract, or interline a shipment without the prior written approval of DRINX LOGISTICS . If Carrier does so without authority from DRINX LOGISTICS, neither Carrier nor the party performing services shall charge DRINX LOGISTICSor its customers for such services. In addition, whether or not Carrier has DRINX LOGISTICS ’s prior written approval to broker, subcontract, or interline, Carrier will remain responsible and liable as if Carrier performed the services itself as a motor carrier;

Carrier shall not divert or reconsign any shipment except upon written instructions from DRINX LOGISTICS. Carrier shall not accept instructions for diversion or reconsignment from any consignee without notice to DRINX LOGISTICS , and written consent of DRINX LOGISTICS .

Indemnification
Carrier shall indemnify DRINX LOGISTICSfor any fines, costs, claims, liability or expenses that may incur and arise out of violations by Carrier of any applicable laws and regulations during Carrier’s performance under these Rules;

Carrier shall defend, indemnify, and save DRINX LOGISTICS , its affiliated entities, customers, shippers, consignees, directors, officers, employees and agents harmless from and against any and all losses, costs, expenses, claims, demands, liabilities, fines, damages, suits, proceedings for actions (including all reasonable expenses and attorneys’ fees) arising out of injuries to or the death of any person or persons, or arising out of loss or damage to the business or property of any person or persons, including the property of DRINX LOGISTICScaused by or resulting, whether directly or indirectly, from the receipt, transportation and/or delivery of any shipment subject to these Rules by Carrier, or any of its agents, employees or sub-contractors (collectively referred to as the “Claims”), including, without limitation, Claims based on a party’s breach of warranty and Claims for any violation of any law, ordinance or regulation, except for Claims arising out of DRINX LOGISTICS ’s wrongful act or omission or negligence;
Carrier will hold harmless and indemnify DRINX LOGISTICSfor any claim for insurance premium or any claim by an employee of the Carrier for injuries sustained in the ordinary course of business including, but not limited to, drivers, lumpers, helpers, agents or subcontractors of Carrier.

Worker’s compensation insurance which complies with all applicable provincial or state requirements;

Occurrence based commercial General Liability Insurance including blanket contractual coverage, with combined single limits of $1,000,000 for personal injury, including death, and $500,000 for each occurrence for property damage including: (i) Premises operation; and (ii) Contractual liability for the liability assumed by Carrier pursuant to any indemnification agreements between DRINX LOGISTICSand Carrier.

Occurrence based cargo insurance with limits of liability of not less than $100,000 per shipment. Carrier's cargo insurance policy shall not exclude coverage for fraud, infidelity, unattended vehicle or from a trailer detached from the power unit, dishonesty, or criminal acts of carrier's employees or agents. If the policies include such exclusions, Carrier must obtain and provide DRINX LOGISTICS with proof of a fidelity policy or surety bond providing such coverage to the satisfaction of DRINX LOGISTICS.

Except for Worker’s Compensation Insurance, the above policies and certificates must name DRINX LOGISTICSas an additional insured. Carrier Shall furnish to DRINX LOGISTICS a copy of each such insurance policy and written certificate of insurance. All policies and certificates must require that the insurer provide DRINX LOGISTICSat least thirty (30) days notice of any material changes or cancellation.

Business Conduct
Carrier will comply with DRINX LOGISTICS ’s policy to ensure that its company, senior management and all of its companies’ employees and suppliers are committed to complying with all relevant legislation and appropriate guidelines designed to detect, deter, and prevent money laundering and other activities intended to facilitate the funding of terrorist or criminal activities. The Carrier will at all times ensure the protection of its staff, and safeguard DRINX LOGISTICS ’s organization and reputation against the threat of money laundering and the funding of terrorist and criminal activities.

Relationship Between the Parties
The relationship of Carrier to DRINX LOGISTICS shall at all times, be that of an independent contractor, except that DRINX LOGISTICS will be the agent for Carrier for the collection and payment of charges to Carrier. The Carrier authorizes DRINX LOGISTICS to invoice its Customers, the shipper or consignee for freight charges on behalf of the Carrier and the Carrier agrees that DRINX LOGISTICS is solely responsible for payment of all freight charges to the Carrier.

Applicable Laws
These Rules shall be governed by and interpreted in accordance with laws of the Province of British Columbia and the federal laws of Canada applicable within. All disputes arising under these Rules must be submitted to the jurisdiction of courts from the judicial district of British Columbia, Province of British Columbia or the Federal Court of Canada.