MBT Transport

Rules Circular setting forth carrier’s

payment conditions for

M.B.T. TRANSPORT, INC
MC #533915

TARIFF 100

Applying on
Truckload Line Haul
Freight All Kinds

Rules circular applies on Interstate Commerce

PAYMENT RULES

ISSUED: January 1, 2010 EFFECTIVE: January 1, 2010

ISSUED BY

M.B.T. Transport, Inc.
Except in instances where this Rules Circular is subject to a continuing transportation contract, Carrier reserves the right to modify
this Rules Circular at any time without prior notice. A current version of the Rules Circular will be available on our website at
www.mbttransport.com

PAYMENT RULES AND REGULATIONS
Currency and Payment of Charges Item 3

All rates, charges, or other amounts published in this tariff are stated in U. S. currency and all
charges are payable in U. S. currency. Credit card payments will be subject to an additional fee.

Carrier shall submit an invoice to the specified party in accordance with the terms on the original
bill of lading. Payment terms extended are “net 15 days” on all invoices. Failure to remit payment
within terms may result in all future transportation charges to be collected at the time shipments
are picked up or delivered (in accordance with the original bill of lading terms).

Freight invoices not paid within 15 days are subject to forfeiture of discounts and/or quoted rates
and will be rated at full class based on the current tariff in effect and actual class. Invoices will
also be subject to a service charge of 1 and ½ % per month. In the event carrier deems it
necessary to retain the services of legal counsel and/or a collection agency to collect any
outstanding indebtedness, responsible paying party (shipper/consignee/broker) shall pay attorney
or collection fees in the amount of $300.00 or 25% whichever is greater.

All disputes of any kind that may require litigation between M.B.T. Transport, Inc. as the plaintiff and/or as defendant related to transportation issues will be held at the venue of M.B.T. Transport, Inc. choice and the prevailing party will be entitled to reasonable legal fees. In the event it becomes necessary to domesticate and execute on a judgment it will be at further expense to the debtor.

THIRD PARTY BILLING:

Carrier does not employ property brokers or other intermediaries as its agents for the solicitation

of shipments or the collection of freight charges. Carrier will invoice the shipper’s broker, bank or

other agent for freight charges. Carrier reserves the right to bill and collect freight charges from
the shipper on prepaid shipments or the consignee on collect shipments in the event full payment
of the freight charges is not received pursuant to the third party billing.

A shipment in which charges are to be paid by a party other than the consignor or consignee will
be accepted provided recourse to the consignor is preserved with the carrier picking the shipment
up at origin. The consignor and consignee guarantee to pay the charges if the third party fails to
do so in the time allotted under the applicable credit regulations. Any such shipment will not be
accepted if the consignor executes a nonrecourse provision of the bill of lading.

PRIORITY OF FREIGHT CHARGE OBLIGATION:

When arrangements are made with intermediaries for transportation services provided by carrier
and the intermediary in turn bills the shipper or beneficial owner of the goods for the freight
charges inclusive of carrier’s rates, the following rules shall apply:

The intermediary will segregate money due owing to carrier from other accounts. Intermediary
will pay carrier without offset from funds received and shall not commingle, pledge, encumber or
hypothecate funds received by it intended for payment of freight charges to carrier set forth at 49

C.F.R §371. When the arranger of transportation is a carrier or freight forwarder, a constructive
interline trust shall apply.
When the arranger of transportation is a property broker, the regulations set forth at 49 C.F.R
§371 shall apply and monies received by the broker shall be segregated from its other business
transactions and liabilities.

Carrier preserves recourse for payment of all freight charges to the consignor or the consignee
and beneficial owner of the goods.

 


Intermediary broker, Freight Forwarder, 3rd Party logistics Provider Item 4

A broker is considered to be the agent of the shipper. An instrument within the scope of the

Shipper’s agent’s authority by which an agent intends to bind his principal, does bind him if such

intent is plainly inferable from the instrument itself, including but not limited to a rate confirmation,
load confirmation, rate sheet and any other document dispatching M.B.T. Transport to move a
load on behalf of the principal of the shipment is considered to be a non negotiable contract with
the shipper.

Driver Signature Item 5

The signature of M.B.T. Transport, Inc.’s driver is to be considered a binding signature within the
contract bill of lading establishing a non negotiable contract with the shipper, receiver and M.B.T.
Transport, Inc. This driver’s signature will acknowledge agreement to any terms and conditions
of carriage and/or liability conditions that may also appear on the document.

Default Payment Terms Item 6

When consignor fails to state the freight terms in writing on the bill of lading or the freight terms
are unclear on the bill of lading, the shipment will move as prepaid and all applicable charges will
be borne by the consignor.

BILL TO:

A person or entity affiliated designated on the bill of lading as responsible for paying the freight
charges but who is affiliated with either the shipper or consignee.

PAYMENT TERMS:

Prepaid designates shipper is responsible for payment of freight charges; Collect designates
consignee is responsible for payment of freight charges. Payment terms will be changed from
prepaid to collect if the BILL TO be an affiliate of the consignee or from collect to prepaid if the
BILL TO and shipper are affiliated.

RATE QUOTE:

A price quotation derived from a non-contractual tariff, scale or pricing document. Rate quotations
may change on a daily basis due to balance, carrier need, or other freight characteristics. Rate
quotations are valid for a period of 30 days on LTL shipments and 10 days on TL shipments.
Liability is limited to $.50 per lb.

THIRD PARTY:

A person or entity designated on the bill of lading as responsible for paying the freight charges
but who is neither the shipper or affiliate of the shipper nor the consignee or an affiliate with the
consignee.

Exclusive Use of Trailer Item 7

No shipment is entitled to the exclusive use of the trailer unless arrangements and price have
been agreed to by carrier and paying party prior to shipment. In all other instances, carrier
has control

PAYMENT PROTECTION:  Item 8

Carrier reserves the right to withhold delivery as a mechanics lien for any shipment in route for any unpaid freight bills that may involve parties named on the Bill of lading, the shipper, consignee and or a third party “Bill to” or the dispatching broker and or by a known indirect intermediary participating in the shipment at issue for a multi-brokered transaction.

Please call for the most updated rules that may not be posted on this URL/Worldwide web page.

M.B.T. Rules Tariff 100 Feb 2020