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Terms of Service

Terms of Service

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Freight Brokerage T&C

InstiCo Logistics is a full-service freight broker that offers our customers FTL, LTL, and Intermodal solutions across the United States, Canada, and Mexico. Our team of dedicated professionals works with thousands of carriers across the country to maximize backhaul opportunities in order to offer our customers competitive rates and consistent service. Our team understands seasonal trends and works closely with our carriers to provide our customers with market information to make real-time decisions. We deliver on every commitment, and when we accept a load, we move it. When your freight needs to be moved, go with InstiCo.

InstiCo Logistics MC 769661 Terms and Conditions

The enrolled Customer, Shipper, and/or Consignee (hereinafter collectively referred to as “Customer”) agrees to these TERMS AND CONDITIONS, which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by the Organization’s issuance of new TERMS AND CONDITIONS.

The General Rules Tariffs, set forth by the carriers provided as Solutions with the Organization, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the Organization’s TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, the Organization’s TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers. The Organization is a freight broker and NOT a freight carrier. The Organization reserves the right, in its sole discretion, to refuse any shipment at any time.

  1. Bills of Lading All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by (“The Organization”) as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Organization, or the use of any Bill of Lading not authorized or issued by the Organization shall VOID the Organization’s obligations to make any payments relating to this shipment and VOID all rate quotes.
  2. Customer Warranties The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and governmental regulations of any country to, from, through, or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with these regulations expires or is terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules, and regulations. The Organization 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 the Customer. Customer agrees to indemnify Company for any and all claims or damages incurred as a result of Customer’s failure to comply with the provisions of this provision.
  3. Necessary Documentation: The Customer is required to use the Organization’s system-generated Bill of Lading for LTL. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up, or destination requested, the Customer hereby instructs the Organization, where permitted by law, to complete, correct, or replace the documents for them at the expense of the Customer. However, the Organization is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Organization completes that document, the terms of this Bill of Lading will govern. The Organization is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
  4. Payment All charges are payable in US Dollars and are due and payable thirty (30) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 1-1/2% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All funds received by the Organization will be applied based on the remittance. In the event the Organization retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys’ and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders, or freight brokers are jointly and severally liable for the freight charges relating to this shipment. All Customers are subject to credit approval. The Organization intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of the Organization. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Organization’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client’s shipment. The Organization shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Organization reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation, and delivery functions therein. Customers are permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Organization does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Organization.
    • Note: As part of the anti-terrorism rules/regulations, inspection of freight that moves cross-border (to or from Canada or Mexico) may result in carriers (LTL, TL, and Intermodal) applying charges to shipments inspected by US Customs. These random inspections are not known at the time of shipment and, therefore, are excluded from all quotes. Any applicable costs associated with random border inspections will be the responsibility of the customer.
  5. Claims and Limitations of Liability The Organization will act as the primary point of contact for claims and ensure that all claims are filed and processed in accordance with 49 C.F.R. 370. All claims should be submitted immediately to the Organization to help ensure timely resolution. The Organization will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process any freight loss or damage claims and any claim for damage to our customer’s property occurring in the course of the transportation services rendered to such Customer. The liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706. The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The Organization’s liability for loss, delay, or damage to shipper’s goods extends only to the insurance coverage provided by the carrier’s primary cargo insurance and, secondarily, the brokerage’s contingent cargo insurance. While the Organization carries such contingent cargo insurance, the maximum amount that Customer will receive on a claim will be that which is recoverable under the respective transportation tariffs. The Organization will not be responsible in any way for claims arising out of Customer negligence. The Organization also has available for purchase by the Customer, upon request, shipper’s interest cargo insurance. The filing of a claim does not relieve the responsible party from payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. Customers may not offset freight or other charges owed to the Organization against claims for any loss, damage, misdelivery, or non-delivery. The Organization has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account.
  6. Forum Selection and Choice of Law Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through the Organization’s website, or relating to any and all disputes between the Organization and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the state of Texas.
  7. LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight-based. All displayed transit times are estimates only and do not include the day of pickup. LTL pickup dates are not guaranteed. TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state-to-state and mileage-based. Additional fees may apply for charges, including but not limited to Tractor Detention, Trailer Detention, and Driver Assistance. Providing a 4a 8-hour notice is given, the Organization will make every possible attempt to cover Truckloads within 48 hours of the Customer’s requested pickup, excluding weekends and holidays, weather, or national emergency. Trade show shipments cannot be guaranteed. Truckload cancellations require a 24-hour notice to avoid a penalty. Once InstiCo has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the bill of lading at the agreed-upon price, or an equipment not used (EON) fee of up to $250 USD will be assessed.
    • OTHER ACCESSORIAL CHARGES THAT MAY APPLY TO TRUCKLOADS INCLUDE:
      • Extra stops for each stop $100 USD
      • Detention time to load and/or unload: 2 free hours, then $75/hour
      • Driver load/unload: $150/occurrence
      • Reconsignments/Refusal: flat $75 plus $2.00 for all additional miles.
      • Layover Single/Team
      • Overnight $500/$800
      • Weekend $1500/$2250
    • Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit days may apply.
    • Van Line rates are driven by state-to-state/mileage, weight (actual or density), and commodity/product type. All displayed transit times are estimates only and do not include the day of pickup. Pickup dates are not guaranteed.
  8. The Organization assumes no liability and in no event shall be responsible for any carrier billing, rating, and tariff inaccuracies. To ensure that all quotes remain current and accurate, please provide the Organization 15 15-day notice of any change to your carrier contracts, discounts, or tariffs.
  9. Guaranteed Services LTL Guaranteed Services are inclusive of transit times only, as noted by the carrier selected. Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. This service is not a guarantee for Pickup. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of a carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with the Organization. If the Organization does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards, and the claim request will automatically be considered invalid and denied. In the event of the carrier’s failure to comply with the guaranteed service requested and after the carrier has agreed to liability, the Organization will credit the account of the said Customer. In no event shall the Organization be liable, nor will any account be credited, if the Customer does not use the Organization’s Bill of Lading.
  10. Cargo Liability Insurance: FAILURE TO PURCHASE ADDITIONAL CARGO INSURANCE WILL RESULT IN SHIPPER BEING LIMITED TO RECOVERY PURSUANT TO THE TERMS OF CARRIER’S GENERAL RULES TARIFF. THE ORGANIZATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE, OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE ORGANIZATION CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE ORGANIZATION SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE ORGANIZATION HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

Air Freight T&C

All shipments to or from Shipper (which term includes the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipments or the agent thereof) will be handled by the handling this shipment, InstiCo Freight Management, Inc., any of its affiliate or dbas, including, but not limited to, InstiCo Global Logistics and InstiCo Logistics (the “Company”) on the following terms and conditions. No agent or employee of either party may alter or waive any of the following terms or conditions:


  1. Choosing Routes and Agents. The company shall have complete freedom in choosing the means, route, and procedure to be followed in the handling, transportation, and delivery of the goods. If Shipper requests motor carrier service or if Company decides that Shipper’s shipment should be transported by motor carriage rather than air for all or part of the transportation, Company shall arrange with an authorized motor carrier(s) to perform such transportation, which shall be done either as exempt carriage as defined by 49 U.S.C. § 13506(a)(8), or, if not exempt, as “contract carriage” within the meaning of 49 U.S.C. § 13102(4)(B) under these terms and conditions. Shipper expressly waives all rights and remedies it may have as to Company and its appointed motor carriers under 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706,14101, and 14103) to the full extent permitted by 49 U.S.C. § 14101(b)(1), each as amended from time to time. Advice by Company to Shipper that a particular person or firm has been selected to render services as to the goods shall not be construed to mean that Company warrants or represents that such person or firm will render such services.

  2. Services by Third Parties. Unless Company carries, stores or otherwise physically handles the shipment, and the loss, damage, expense or delay occurs during such activity, Company assumes no liability as a carrier and shall not be held liable for any loss, damage, expense or delay to the goods shipped hereunder, except as provided in and subject to the limitations of Paragraphs 8 and 9. The company undertakes only to use reasonable care in the selection of carriers, motor carriers, forwarders, customhouse brokers, agents, warehousemen, and others to whom it may entrust the goods for transportation, cartage, handling, delivery, and/or storage or otherwise. When Company carries, stores, or otherwise physically handles the shipment, including in the performance of any local pick-up or delivery services, it does so subject to the limitation of liability set forth in Paragraph 8 unless a separate bill of lading, air waybill or other contract is issued by Company, in which event the terms thereof shall govern.

  3. Acknowledgment of the Role and Limitations of Third Parties. The company is authorized to select and engage carriers, motor carriers, forwarders, customhouse brokers, agents, warehousemen, and others as may be required, to transport, store, deal with, and deliver the goods, all of whom shall be considered as agents of Shipper. The goods may be entrusted to such parties subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, motor carriers, forwarders, customhouse brokers, agents, warehousemen and others. Company shall in no event be liable for any loss, damage, expense, or delay to the goods for any reason whatsoever when such goods are in the custody, possession, or control of third parties selected by Company to forward, enter and clear, transport, or render other services with respect to such goods.

  4. Shipments Subject to Re-Weigh/Re-Measurement. Shipper shall provide weight and measurements for its shipments. Shipments are subject to re-weigh and re-measurement by the Company. If the weight and/or measurement of the goods as delivered are different from Shipper’s representations, or if pick-up or delivery time or location is changed by Shipper, Company’s rates, charges, and fees are subject to change. If dimensional weight applies, dimensions shall be shown on the air bill as follows: Length x Width x Height = Cubic Inches (or applicable metric measurement). Customer shipments will be rated at dimensional or actual weight, whichever is greater, based on a domestic factor of 200 and an international factor of 166.

  5. Shipper’s Duty to Furnish Information. (a) On an import, at a reasonable time prior to entry of the goods to U.S. Customs, Shipper shall furnish to Company invoices in proper form together with other documents necessary or useful in the preparation of the U.S. Customs entry, and such further information as may be sufficient to establish the dutiable value, classification and admissibility of the goods pursuant to U.S. law, regulation or ruling. If a shipper fails to timely furnish all such information or documents, as may be required to complete U.S. Customs entry, or if such information or documents are inaccurate or incomplete, the company shall be obligated to use its best judgment in connection with the shipment. Where a bond is required by U.S. Customs to be given for the production of any document or the performance of any act, Shipper shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by Company as principal, it being understood that Company entered into such undertaking at the request and on behalf of Shipper, and Shipper shall indemnify and hold Company harmless for the consequences of any breach of the terms of the bond. (b) On an export, at a reasonable time prior to the exportation of the shipment, Shipper shall furnish to Company the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U.S. and the country of destination of the goods. (c) On an export or import, Company shall not in any way be liable for increased duty, penalty, fine, or expense unless caused by the gross negligence or other fault of Company, in which event its liability to Shipper shall be governed by the provisions of Paragraph 8. Shipper shall be bound by and warrant the accuracy of all invoices, documents and information furnished to Company by Shipper or its agents for export, entry or other purposes and Shipper agrees to indemnify and hold harmless Company against any increased duty, penalty, liquidated damages, fine or expense, including attorneys fees, resulting from any inaccuracy or omission or any failure to make timely presentation, even if not due to any negligence or fault of Shipper. The submission of incomplete or inaccurate information related to an import entry, including description, quantities, weights, purchase prices, discounts, commissions, charged selling prices at time of exportation, assists, country of origin, etc., makes Shipper liable to severe government penalties or sanctions. In the event the information forwarded to Company, or which accompanied the shipment, does not accurately reflect the entire transaction, Shipper shall immediately notify us so that Company can take corrective action.

  6. Declaring Higher Valuation. Shipper acknowledges and agrees that motor carriers, carriers, warehousemen, and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said motor carriers, etc. Company must receive specific instructions from Shipper to pay such higher charges based on valuation and the motor carrier, etc., must accept such higher declared value; otherwise the valuation placed by Shipper on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the motor carriers, etc., subject to the limitations of liability set forth in Paragraphs 3 and 8.

  7. Insurance. The company will not arrange to insure the goods unless specific written instructions from the Shipper providing the kind and amount of insurance have been received and acknowledged by the Company in sufficient time prior to shipment from the point of origin. The company does not undertake or warrant that such insurance can or will be placed. Unless Shipper instructs Company to effect insurance under Shipper’s own open marine policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by Company. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies and underwriters. Insurance coverage provided by the Company will be assessed at a rate negotiated between the parties, separate from any freight charges. Insured value is not to exceed the actual value of the goods. Shipments must be packaged to withstand the normal hazards of transportation for any claim to be valid. In the event Shipper does not elect to insure all or part of a shipment, Company’s liability for any losses, damage, or delays to such shipment shall be limited in accordance with the provisions of Paragraph 8. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to Company by Shipper, or that the shipment was insured under a policy in the name of Company. Insurance premiums and the charge of the Company for arranging the same shall be at the Shipper’s expense. Insurance coverage is not available through the Company on bullion, precious metals, precious metal objects, gold, silver, platinum, precious or semi-precious stones (including but not limited to diamonds, emeralds, sapphires and rubies), and precious jewelry which includes jewelry made from precious metals and stones and does not include jewelry made from inexpensive metals or materials and imitation or semi-precious stones; money, securities, accounts, bills, currency, food stamps, lottery tickets, notes, bank notes, coins, bonds, negotiable instruments or evidences of debt, passports, tickets, documents, manuscripts, records, or other valuable papers; contraband – we do not cover contraband or property in the course of illegal transportation or trade; vehicles – we do not cover loss of or damage to the transporting vehicle or vehicles. If, for any reason, the goods are held in a warehouse, or elsewhere, the same will not be covered by any insurance, unless the Company receives written instructions from the Shipper and the same is provided in accordance with this Paragraph 7. Unless specifically agreed in writing by Company, Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle.

  8. Limitation of Liability Per Shipment. (a) In connection with any international shipments in which Company provides services as a carrier, Company’s liability shall be limited in accordance with any applicable international carriage of goods convention as noted in Paragraph 24 below. (b) In connection with all other instances, including shipments within the United States its Territories, and insular possessions, as well as in any instance involving an international shipment in which the terms of an international carriage of goods convention do not apply, Shipper agrees that Company shall in no event be liable for any loss, damage, expense or delay to the goods for any reason, including as a result of the gross negligence or other fault of Company, for any amount in excess of $.50/pound, $50 per shipment, or the invoice value, whichever is less, and any partial loss or damage for which Company may be liable shall be adjusted pro rata on the basis of such valuation (c) As to any shipments under this agreement, Shipper has the option in Paragraphs 6 and 7 above of paying special compensation to increase the liability for the shipment in excess of the above stated amounts in case of any loss, damage, expense or delay, but such options can be exercised only by specific written agreement made with Company prior to shipment which agreement shall indicate the declared agreed value and the additional compensation for the added liability to be assumed. COMPANY SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR PUNITIVE OR EXEMPLARY DAMAGES OR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFIT.

  9. Liability of Company It is agreed that any claim or demand for loss, damage, expense or delay shall be only against the carriers, motor carriers, forwarders, customhouse brokers, agents, warehousemen or others in whose actual custody or control the goods may be at the time of such loss, damage, expense or delay, and that Company shall not be liable or responsible for any claim or demand from any cause whatsoever, unless in each case the goods were in the actual custody or control of Company and the damages alleged to have been suffered be proven to be caused by the negligence or willful misconduct of Company, its officers or employees, in which event the limitation of liability set forth in Paragraph 8 shall apply.

  10. Presenting Claims To preserve a claim, the following must be adhered to: (a) As to all shipments within the United States, its Territories, or insular possessions, claims for lost or damaged shipments must be made within two hundred seventy (270) days of the shipping date. Initial notification of visible damage to the shipment must be made in writing on the bill-of-lading by Shipper or the consignee at the time of delivery, and a signed receipt absent such notation shall be proof of apparent good order and condition at delivery. Notification of concealed damage must be made to the Company within 24 hours of receipt of delivery of the shipment. Original shipping carton and contents must be retained by the consignee for inspection. Claims for overcharges must be presented to the Company within 60 days of the shipping date. (b) As to all shipments for export or import, in no event shall Company be liable for any act, omission or default by it in connection with an exportation or importation, unless a claim therefor shall be presented to it at its office at 3011 Gateway, St. 340, Irving, TX 75063 within ninety (90) days from date of exportation or importation of the goods in a written statement to which sworn proof of claim shall be attached. No suit to recover for any claim or demand made under (a) or (b) of this Paragraph shall, in any event, be maintained against Company unless instituted within one year after the presentation of the said claim, as above provided.

  11. Advancing Money Company shall not be obliged to incur any expense, guarantee payment, or advance any money in connection with the importing, forwarding, transporting, storing, or copying of the goods, unless the same is previously provided to Company by Shipper on demand. Company shall be under no obligation to advance freight charges, customs duties, or taxes on any shipment, nor shall any advance by Company be construed as a waiver of the provisions hereof.

  12. Indemnification for Freight, Duties In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against Company for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of Shipper, Shipper agrees to indemnify and hold harmless Company for any amount Company may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by Company in connection with defending such claim or legal action and obtaining reimbursement from Shipper. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of Shipper to Company to pay all charges or other money due promptly on demand.

  13. Sale of Perishable Goods Perishable goods or live animals to be exported or which are cleared through customs concerning which no instructions for disposition are furnished by Shipper may be sold or otherwise disposed of without any notice to Shipper, owner or consignee of the goods, and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. In the event that any shipment is refused or remains unclaimed at the destination or any transshipping point in the course of transit, or is returned for any

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