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Service Conditions

  • How to do Business With Us
  • Establishing an Account With Us
  • Establishing Credit
  • Billing
  • Method of Payment
  • Shipper - Broker Terms & Conditions


  • How to do Business With Us

    To ship with Texas Land & Air, contact TXLA Custom today and talk with a local representative who better take care of your service needs.

    Establishing an Account With Us

    Once the determination to ship with Texas Land & Air has been made, we require an Account Set Up Form be filled out. The form will ensure Texas Land & Air is able to compile service needs, contact and billing information. Please fill out the form and email it to billing@texaslandandair.com.

    Establishing Credit

    As a new customer to Texas Land & Air, you must first fill out a credit application, and be approved by the credit department.

    Our credit terms are as follows; The invoice date is the beginning of our credit term cycle, and payment is due within ten (10) days from the invoice date. Failure to keep account current will result in your account being put on a "cash only" status. In the event prompt payment is not made and your account is placed on a "cash. only" basis, credit privileges will not be restored until you have paid all past-due balances of transportation and any related charges in full, including, but not limited to, all costs, fees and expenses incurred by Texas Land & Air in collecting or attempting to collect such balances.

    Billing

    For and in consideration of the transportation services to be provided, the Customer agrees to pay Texas Land & Air the applicable freight charges as set forth in its current rate agreements with Texas Land & Air, and these Service Conditions.

    Method of Payment

    The following are acceptable methods of payment: company check, certified check, and a cashier’s check. NOTIFY US REGARDING INVOICE DESSCREPANCIES WITHIN 10 DAYS OF RECEIPT and PLEASE MAKE CHECKS PAYABLE AND REMIT TO:

    TEXAS LAND AND AIR, CO.
    P.O. BOX 140874
    AUSTIN, TX 78714-0874
    512-990-8100

    Shipper - Broker Terms & Conditions (Also printed on all TXLA Load Tenders)

    The terms contained herein apply on each shipment tendered to TXLA Custom Services, LP (or its affiliates, hereinafter referred to as TXLA) and constitute a binding agreement between TXLA on the one hand, and you, the party tendering the shipment on the other hand (“shipper”). In consideration of services provided by TXLA on each shipment, shipper hereby consents to the terms contained herein. Said terms may not be changed except in writing signed by the Chief Financial Officer of TXLA. Failure to pay bill or charges may result in a lien on future shipments.

    I. Rates, Charges and Credit: The rates and charges of TXLA are subject to change without notice, disagreements in rate must be proven by the shipper with written or email proof. Payment of any TXLA invoice must be made within 10 days of date of billing. Failure to meet this requirement may result in a loss of credit. Should no payment be received within 10 days of billing date, liquidated damages in the amount of 1% per month will be assessed commencing with the 11th day following the billing date. Payment of TXLA invoices shall be in currency of the United States only. Rates quoted by TXLA which include pickup and/or delivery are based on “stay with” live load/unload unless otherwise agreed to in writing. Free time of 1 hour is included in rates, a charge of $50 per hour calculated every 15 minutes or fraction thereof will apply after free time expires. FAILURE OF CUSTOMER TO PAY BILLED CHARGES OF TXLA WITHIN THE CREDIT PERIOD MAY RESULT IN A LIEN BY TXLA ON FUTURE SHIPMENTS, INCLUDING THE COST OF STORAGE, DENTENTION AND APPRORIATE SECURITY FOR THE SEBSEQUENT SHIPMENT HELD PURSUANT TO THIS AGREEMENT. IF SHIPPER FAILS TO PAY THE FULL AMOUNT OF THE UNPAID CHARGES WITHIN 10 DAYS OF THE NOTICE OF EXERCISE OF SUCH LIEN, TXLA MAY SELL THE FREIGHT SUBJECT TO THE LIEN AT A PUBLIC OR PRIVATE AUCTION UPON 15 DAYS’ NOTICE TO THE SHIPPER OF THE TIME, PLACE AND DATE OF SUCH AUCTION. The shipper guarantees all freight charges including those which move on a freight collect basis. If an account has to be placed in the hands of an attorney for collection all attorney and court cost associated with the collection effort will be added to the balance owed.
    II. Freight Charge Collect and C.O.D. shipments: The shipper directing the freight charge collect shipment shall guarantee the prompt payment of all charges accruing on such collect shipments. Terms contained herein regarding freight charge collect shipments shall supersede any other document. Action by shipper in presenting a uniform bill of lading and signing section 7 therein shall be null and void. TXLA will not handle “C.O.D.” shipments and shall not be responsible for the collection of any funds from the consignee to be transmitted back to shipper.
    III. Responsibility of TXLA for Loss or Damage: TXLA is not a common carrier and is neither an absolute nor virtual insurer of the goods entrusted to it, and disclaims responsibility for the safe transportation of the goods moved in its services. In no event shall TXLA’s liability for the goods entrusted to it exceed $500. TXLA will, however, assist the shipper in prosecuting any claims for freight loss or damage with the underlying carrier by providing necessary paperwork, executing assignment of interest documents, and otherwise assisting in the gathering of information under the control of TXLA. Claims or lawsuits for less than $250 shall not be filed and no claim shall be paid if the amount of the loss or damage is found to be less than $250. Action by shipper in presenting a uniform bill of lading shall be null and void and of no consequence to the arrangements between TXLA and its shipper on each shipment. In providing service, TXLA performs no physical transportation but arranges for such transportation subject to tariff or separate agreements. Such tariffs or agreements may contain provisions regarding responsibility for the safe transportation of freight which are less than common carrier responsibility. Such provisions, including provisions relating to time frames within which to notice claims and file suits, can be viewed upon request. TXLA shall not be responsible for the failure of shipper to know or to comply with such provisions. For an additional charge, TXLA has available for the shipper either primary or contingent cargo insurance. Shipments are accepted as shipper’s load, count and seal. No offsets from open invoices due TXLA will be allowed as settlement for loss and damage claims. IN NO EVENT SHALL TXLA BE LIABLE FOR INCIDENTAL, CONSEQUNTIAL OR SPECIAL DAMAGES.
    IV. Accessorial Charges, Regulations and Penalties: All carriers used to transport the shipper’s freight have rules and charges respecting accessorial matters such as detention and storage. Unless accessorial charges have been caused by the sole act of TXLA, the shipper shall be responsible for any accessorial charges. Any penalties or liabilities assessed by carriers, courts or governmental authorities as a result of otherwise vehicles, violations of hazardous materials regulations or improper loading shall be the sole responsibility of the shipper. The shipper shall be solely responsible for complying with the Department of Transportation regulations. The shipper shall indemnify and hold TXLA harmless, and defend against any action charging TXLA with a tort or violation based on an act or omission by the shipper.
    V. Carriers selected by TXLA as Third Party Beneficiaries: Any carrier selected by TXLA to transport shipper’s freight shall be considered to be a third party beneficiary to this agreement and to any agreement between TXLA and the shipper that has as its purpose or includes as an element thereof an agreed-to limitation of liability for cargo loss or damage.
    VI. Rates Are Released / Declared Value Rates: The rates provided to the shipper in connection with this agreement are predicated on motor carriers selected by TXLA being tendered freight released for cargo loss or damage at an amount not in excess of $100,000 per shipment Shipper acknowledges that TXLA has made available to the shipper the opportunity to pay a higher rate and thereby obtain greater levels of liability from the underlying carrier for cargo loss or damage. In the absence of the shipper availing itself of that opportunity by contacting TXLA as instructed, shipper releases its shipments to motor carriers selected by TXLA at an amount not in excess of $100,000 per shipment Shippers wishing to ship freight via motor carrier at a value for loss or damage in excess of $100,000 per shipment must contact TXLA in writing at the address shown herein.
    VII. Warehousing Terms and Conditions: In the event TXLA is directed by the shipper to place any shipment in storage, or in the event TXLA places such shipment in storage as a result of the shipper’s failure to pay TXLA’s billed charges in accordance with Section I herein, SHIPPER GRANTS TO TXLA A LIEN ON ALL SHIPMENTS SO HELD, SUCH LIEN TO BE NOTICED, EXERCISED AND DISCHARGED IN THE SAME MANNER AS IN APPLICAGLE TO THE LIEN DESCRIBED IN SECTION 1 HEREIN. Shipper agrees to release any shipment placed in storage as described to a value of $0.10 per pound, with such released value taking precedence over any other value or measure of loss stated elsewhere herein.
    VIII. Additional Provisions: TXLA assumes no responsibility for the service or performance of the underlying carrier. Each “in bond” shipment is handled subject to carrier’s requirements as set forth in tariffs or separate agreements, copies of which can be view upon request.

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