Disclaimers

Below are several disclaimers that can be used in different circumstances to protect your business. Inclusion of proper disclaimers in the appropriate documents will incorporate the protections found in your Terms &Conditions into your transactions with customers and shippers. It is a best practice to post the Terms & Conditions on your website, because this helps with enforceability.

Once the Terms & Conditions are posted to your website, you can revise the different sections of the below disclaimers that state “which are available upon request” to “which are available at https://www.toroz.com/ or upon request”.

1. DISCLAIMER FOR BROKER AND MOTOR CARRIER DOCUMENTS

Below is a disclaimer for motor carrier operations and one for your broker operations. These disclaimers should be added to any documents routinely sent to the shipper/customer such as emails, invoices and rate confirmation sheets.

All rates for services provided by Toroz Inc. are subject to Toroz Inc.’s Terms & Conditions, which are available upon request. Toroz Inc.’s liability will not exceed $100,000 per shipment (“Release Value”), unless Shipper submits a written request for a higher Release Value, pays an additional charge based on the increased Release Value, and obtains written confirmation of the higher Release Value from an Officer of Toroz Inc. Toroz Inc. shall in no event be liable for lost profits or consequential damages.

All services provided by Toroz Logistics, LLC are subject to Toroz Logistics, LLC’s Terms & Conditions, which are available upon request. Shipper and its agents expressly agree they will not attempt to hold Toroz Logistics, LLC liable in the capacity of a carrier. Shipper and its agents further agree the carrier actually transporting the freight at issue shall be the sole party responsible in the capacity of a motor carrier.

For emails, if your staff members are sending out communications on behalf of both the motor carrier and broker entity, their standard email signature should contain the following disclaimer.

All rates and services are subject to Toroz Inc.’s and Toroz Logistics, LLC’s Terms & Conditions, which are available upon request. Toroz’s and Toroz Logistics’ liability for cargo damage or loss will not exceed $100,000 per shipment (“Release Value”), unless Shipper submits a written request for a higher Release Value, pays an additional charge based on the increased Release Value, and obtains written confirmation of the higher Release Value from an Officer of the entity providing the services. In no event will Toroz or Toroz Logistics be liable for lost profits, consequential damages, or punitive damages.

1. BILL OF LADING DISCLAIMER

This disclaimer should be added to Toroz Inc.’s Bill of Lading.

RECEIVED, subject to Toroz Inc.’s Terms & Conditions in effect, which are available upon request and hereby agreed to by the shipper and accepted for itself and its assigns. Unless otherwise agreed in writing, all shipments are released to a maximum value of $100,000 per shipment (“Release Value”). Carrier’s liability for cargo loss or damage will not exceed $100,000 per shipment unless Shipper requests an increase in legal liability by a.) submitting a written request for a higher Release Value, b.) paying an additional charge based on the increased Release Value, and c.) obtaining written confirmation of the higher Release Value from an Officer of Carrier. Carrier shall in no event be liable for lost profits or consequential damages.