Dirty Birds TCD LLC

CARRIER TERMS & CONDITIONS

1. DEFINITIONS

“Carrier” refers to Dirty Birds TCD LLC.
“Customer” refers to any shipper, broker, freight platform, consignee, or authorized agent tendering freight to Carrier.

2. CARRIER AUTHORITY & COMPLIANCE

Carrier operates under active FMCSA authority and complies with all applicable federal, state, and local transportation regulations. Carrier retains exclusive control over drivers, equipment, routing, and safety decisions.

Carrier reserves the right to refuse, delay, or discontinue service for any shipment deemed unsafe, illegal, improperly documented, overweight, or non-compliant with applicable regulations.

3. LOADING, SECUREMENT & WEIGHT RESPONSIBILITY

Unless expressly agreed to in writing:

Shipper is responsible for proper loading, blocking, bracing, and weight distribution

Carrier is not responsible for damage caused by shipper-loaded or sealed freight

Carrier may rely on shipper’s declared weight, count, and description

Carrier reserves the right to refuse any shipment that appears overweight, unsafe, or improperly secured

4. CARGO LIABILITY & CLAIMS

Carrier liability for loss or damage is limited to the lesser of:

Actual cost of repair or replacement, or

Applicable cargo insurance limits

Carrier shall not be liable for:

Consequential, incidental, or special damages

Loss of market, profit, or use

Delay damages

Acts of God, weather, road conditions, governmental actions, labor disputes, or mechanical failure not caused by Carrier negligence

All claims must be:

Submitted in writing

With supporting documentation

Within 9 months of delivery or scheduled delivery

5. PAYMENT TERMS

Unless otherwise agreed in writing:

Payment terms are Net 15 days from receipt of complete and legible paperwork

Payment shall be made without offset, deduction, or unilateral adjustment

Carrier reserves the right to suspend service for non-payment

5A. PAYMENT ENFORCEMENT & NON-PAYMENT REMEDIES

Payment terms are strictly enforced.

Failure to remit payment within the agreed payment period constitutes a material breach of contract.

In the event of non-payment or late payment:

a) Carrier may immediately suspend services without notice until all outstanding balances are paid in full.

b) Carrier may assess interest on past-due balances at 1.0% per month (12% annually) or the maximum rate permitted by law, whichever is less.

c) No chargebacks, offsets, or deductions shall be applied without Carrier’s prior written consent.

d) Customer agrees to be responsible for reasonable costs of collection, including administrative fees, third-party collection costs, and attorney fees where permitted by law.

e) Carrier reserves the right to pursue all lawful remedies available to recover unpaid amounts.

Submission of complete delivery documentation (including POD and rate confirmation) constitutes completion of service and triggers the payment period.

6. NO PAY = NO RELEASE (DIRECT SHIPPER LOADS)

For loads tendered directly by a shipper (non-brokered freight), Carrier reserves the right to withhold freight release pending receipt of payment or written confirmation of guaranteed payment terms, where legally permissible.

This provision shall be exercised reasonably and in compliance with applicable law.

7. BROKER CREDIT APPROVAL

Carrier reserves the right to:

Decline freight from brokers or platforms with a history of late payment or non-payment

Require revised payment terms, advance payment, or factoring approval prior to dispatch

Acceptance of a load does not waive Carrier’s right to future credit review.

8. ACCESSORIAL CHARGES

Unless otherwise agreed in writing:

Detention: Charged after 2 hours of free time

Layover: Charged per calendar day

TONU: Charged when load is canceled after dispatch

Additional charges may apply for reconsignment, redelivery, excessive wait time, or special handling

Accessorial charges not pre-negotiated shall be billed at standard industry rates.

9. DELIVERY, TRANSIT & DELAYS

Transit times are estimates only and not guaranteed.

Carrier is not responsible for delays caused by:

Weather

Traffic or road conditions

Mechanical issues

Compliance with Hours-of-Service regulations

Events beyond Carrier’s reasonable control

10. SAFETY & DRIVER AUTHORITY

Carrier and its drivers retain full authority to:

Cease operation for safety or regulatory compliance

Refuse instructions that would violate law or safety standards

Comply with HOS and mandatory rest requirements without penalty

Customer shall not coerce or attempt to coerce Carrier or its drivers to violate applicable regulations.

11. PAPERWORK ACCEPTANCE & DISPUTE LIMITATIONS

Delivery paperwork shall be deemed accepted unless Customer provides written notice of deficiency within five (5) business days of receipt.

Paperwork disputes shall not delay payment for undisputed charges.

Minor clerical or formatting issues shall not constitute grounds for non-payment.

12. FACTORING-SAFE PAYMENT PROVISIONS

Carrier may assign or sell receivables to a third-party factoring company.

Customer agrees that:

Assignment of receivables does not alter payment obligations

Payment must be made in accordance with factoring instructions when properly notified

Disputes unrelated to Carrier performance do not excuse payment to the factor

13. INDEMNIFICATION

Customer agrees to indemnify and hold Carrier harmless from claims, damages, or expenses arising from:

Improper loading or weight declarations

Inaccurate shipment descriptions

Customer or shipper negligence

Breach of these Terms & Conditions

14. GOVERNING LAW

These Terms & Conditions shall be governed by the laws of the state in which Carrier is domiciled, except where preempted by federal law.

15. ACCEPTANCE

Tendering freight to Carrier constitutes acceptance of these Terms & Conditions, regardless of whether separately signed.