Terms & Conditions

1. Scope

All services provided by Tempo Freight Systems LLC (herein known as the CARRIER) in the United States are subject to the stipulations mentioned here. The terms and rates specified in this confirmation apply to all carrier services provided by Tempo Freight Systems LLC to the customer, his shippers or receivers.

The Terms and Conditions of Tempo Freight Systems LLC are available on the company website and in all our e-mail communications. If any of these Terms aren't agreeable with you, you should contact the Carrier right away to get a better understanding. With your acknowledgement, sending the rate confirmation and its receipt by us will constitute acceptance of this agreement.

Terms and conditions set out in this document apply to those listed below and can only be changed by the carrier:

Broker
Customer
Shipper
Receiver
Other third parties

Unless expressly superseded, waived, or disclaimed by a written agreement duly executed by authorized representatives of both Carrier and Customer (a “Service Contract”), including but not limited to a Rate Confirmation Agreement, these Terms shall govern all Services provided by Carrier. Carrier and Customer may stipulate additional or modified service terms within a Service Contract. In the event of any conflict between these Terms and any Service Contract, the terms of the Service Contract shall prevail.

Customer hereby certifies and represents to Carrier that any information entered on the face of any shipping document, including bills of lading, proofs of delivery, waybills, or cargo receipts applicable to any Services, is complete and accurate. Any such document shall be used solely to document the service parameters of the shipment (e.g., commodity, origin, destination, special handling requirements, etc.). The terms and conditions of any such document shall not govern or apply to the Services provided by Carrier under these Terms, which shall supersede any terms and conditions contained on the shipping document.

Carrier reserves the right to modify these Terms. The terms and conditions posted on this site on the date a shipment is tendered to Carrier shall govern such shipment.

Mileage

As outlined in the Rate Confirmation, for mileage calculations Tempo Freight Systems will use PC Miler software with a 53-foot option checked. The dispatch team will determine the distance between Zip Carriers on the day of pickup to effectively plan the route.

2. Carrier’s Responsibilities

Carrier will strive to uphold the agreement and transport goods from one point to another via their own means. Subcontracting or any deviations from the terms of contract are strictly prohibited without prior consent from the Customer.
As outlined in these Terms & Conditions, the Carrier will supply the equipment and personnel needed to carry out the job.
Carrier will furnish Customer with Proof of Delivery within 24 hours after unloading the cargo. The Carrier guarantees to reply immediately to any 3rd party requirements for paperwork, including the Proof of Delivery, invoice and Bill of Lading.
For each load taken on, the Carrier must be provided with a Bill of Lading and Shipper’s load sheet indicating the IN and OUT times of drivers at pick-up & delivery locations. Tempo Freight Systems LLC requires its drivers to review and validate the Bill of Lading and Load Sheets before starting the journey.
The Carrier requires all customers to accurately list details such as loading sheets, item count, pick-up and delivery locations and any other pertinent information on the Bill of Lading. Accurate completion of this document is essential for a smooth delivery experience.
6. Carrier has the responsibility of ensuring that a valid insurance policy is kept up to date for:
A cargo insurance policy should be purchased to protect the shipment with a minimum coverage amount of $100,000 per load.
Automotive Liability Insurance coverage of at least $1,000,000 for both property and bodily damage is a must.
A minimum of $1,000,000 general liability coverage must be provided.
Federal and state laws dictate the necessity of worker's compensation insurance.
With this agreement, Carrier is responsible for any losses or damages to goods during transit from the Pick-up to Delivery location.
Tempo Freight Systems LLC will only hire drivers who have undergone the comprehensive training program outlined in the Federal Motor Carrier Safety Regulations (FMCSR) of 49. C.F.R 390 - 397. The regulation ensures safety and reliability, which is what we at TEMPO strive to achieve.
All trailers must include a minimum of two ratchet straps. Additional straps or load bars needed will be the responsibility of the customer, and their cost shall be included in the Rate Confirmation.

3. Customer’s responsibilities

Provision of Information: The Customer is obligated to furnish the Carrier with comprehensive details concerning the origin and destination of the freight, including any intermediary stops. The Customer bears the responsibility to continuously update the Carrier with this information.
Additional Shipping Instructions: The Customer must promptly notify the Carrier of any additional shipping instructions. This includes, but is not limited to, the need for specialized equipment, driver assistance, and any declaration of a load value exceeding that specified in the agreement.
Payment Terms: The Customer is required to remit payment to the Carrier within 30 days from the receipt of the Proof of Delivery (POD) and the Bill of Lading (BOL), unless a Quick Pay arrangement has been previously agreed upon in writing.
Default on Payment: In the event that the Customer fails to render payment within the stipulated 30-day period, the Carrier reserves the right to seek compensation from other liable parties, including the Shipper. The Customer will receive written notice 30 days prior to the initiation of such actions.
Letter of Demand: To expedite payment, the Carrier may issue a Letter of Demand to the Customer’s trustee in the event of any payment delays.
Financial Security Requirement: The Carrier mandates that the Customer maintain financial security, specifically an Illinois bond, to safeguard the Carrier’s interests. This bond will facilitate the recovery of any outstanding debts incurred by the Customer.
Clarification of Roles: It is expressly understood and agreed by all parties that the Customer is not responsible for the physical transportation of the load, as this responsibility falls exclusively on the Carrier pursuant to the terms of the agreement.
Liability: The Customer agrees to indemnify and hold the Carrier harmless from any and all claims, damages, losses, and expenses arising out of or in connection with the Customer’s breach of these obligations or any act or omission by the Customer.
Compliance with Laws: The Customer agrees to comply with all applicable federal, state, and local laws and regulations in connection with the services provided under this agreement.

4. Rate Confirmation

The rate confirmation document is of paramount importance, serving as a binding contract between the Carrier and the Customer concerning the booked load. Each rate confirmation must include the following mandatory information:

The full name, address, and contact details of the Customer booking the load.
The load number.
The type of commodity and packaging style.
The weight of the load in pounds (lbs).
The agreed-upon rate for hauling the load.
Pickup details, including the full name and address of the Shipper, along with the contact person’s name and phone number. The date and time of the pickup must be accurately specified.
The correct pickup number.
Delivery details, including the full name and address of the Receiver, along with the contact person’s name and phone number. The date and time of the delivery must be accurately specified.
The delivery number, if applicable.
Driving directions if the location is not easily accessible.
Any specific instructions related to the load, such as extended loading/unloading times or the use of lumpers. The Carrier shall not dispatch the driver until a valid rate confirmation is received.

The Customer acknowledges and agrees that a verbal agreement, supported by recorded communication, may serve as a rate confirmation. For example, if the rate confirmation indicates a delivery appointment at 10:00 and the Customer verbally agrees to a later delivery as a work-in, which subsequently proves untrue, the Customer will be liable for all incurred costs to the Carrier as per the rates in these Terms & Conditions.

Nothing in this rate confirmation shall compel TEMPO to undertake pickup or delivery services at any location rendered inaccessible through no fault or negligence of TEMPO, or at any location deemed impracticable.

TEMPO’s obligations as a carrier are strictly limited to the disclosed equipment types, the quantities available of each type, and the geographic service areas specified to the shippers. Any shipment transferred beyond the scope of TEMPO's disclosed service parameters will obligate TEMPO to provide service only for the specific shipment in question, without extending TEMPO's service obligations beyond what is stipulated in this Tariff.

Cancelations

When this Tariff is amended through the issuance of revised items, the prior item shall be cancelled and superseded by the new item as stipulated herein. It is not necessary for a revised item to display a specific cancellation notice.

Unless explicitly indicated otherwise, the issuance of a revised item nullifies all previous versions of that item, including any original or partially cancelled items bearing the same item number or description.

Shipments Containing Food

Any food that does not require temperature regulation during transportation will be packaged prior to tender to the Carrier in such a way that it can be handled safely and sanitary without requiring any particular handling procedures.

Permits

Any shipment requiring authorization from federal, state, or local authorities shall render the shipper fully responsible for the total cost of obtaining such permissions. This includes all additional expenses incurred in securing these permissions, which are not typically required for shipments that do not need such authorization. Additionally, the shipper shall be liable for any bridge, ferry, highway, tunnel, or other similar public charges incurred during the handling of the shipment.

In the event that TEMPO incurs these expenditures on behalf of the shipper, the shipper shall reimburse TEMPO for all related costs and fees. This includes a service fee of $67.50 per vehicle for each state in which permits are obtained. Upon the shipper's written request, TEMPO shall provide documentation of the payment of such charges.

These fees shall not apply to vehicles that do not transport goods requiring such permits when a shipment necessitates the use of more than one vehicle.

Dangerous goods

If a party, whether the principal or the agent, transports explosives or dangerous items without first fully disclosing their nature to TEMPO in writing, they are accountable for any resulting loss or damage (including reasonable legal fees and costs) and must pay, defend, and hold TEMPO harmless. Such goods may be stored at the risk and expense of the owner or destroyed without payment.

5. Loading and unloading

Pickup

Carrier will PICK UP the load at the origin point provided by the Rate Confirmation.

This involves the following actions:

Checking into the facility on time.
Backing up to the door assigned by the facility and opening the doors of the trailer.
Waiting in the cab or an assigned room at the facility for the goods to be loaded.
Check the goods have been loaded safely and making sure the seal was applied to the doors.
Checking that the Shipper has put in the correct IN and OUT times on the loading sheet and the BOL.
Making sure the pickup and delivery addresses on the BOL correspond to the ones on the Rate Confirmation.
Leaving the facility safely.

Delivery

Carrier will DELIVER the load at the assigned destination and follow these steps:

Checking in at the receiving facility.
Backing up the dock and opening the trailer doors after the Receiver has broken the seal.
If possible, checking the state of the load at delivery before it is unloaded.
Waiting in the cab or an assigned room at the facility for the goods to be unloaded.
After the unload checking that all the goods have been taken out and that no damage to the trailer has been made.
In case of any claims, filling out the Claims form and signing it.
Reporting the claim to the dispatcher.
Getting all the paperwork signed with the correct IN and OUT times written on the BOL.

Tempo Freight Systems drivers are required to be present during the closing of the trailer doors after loading at the Shipper for inspection of the loaded goods and the proper application of a seal or seals.

Drivers are also required to be present during the opening of doors at the Receiver to check the seals were intact before breaking them and ascertain the state of the load unless this is not made possible by the Receiver for safety purposes.

Driver assist

The Carrier strictly prohibits drivers from assisting in the loading and unloading of goods. Any deviation from this policy requires prior verbal confirmation from the driver and must be reflected in the rate set forth in the rate confirmation.

Should a driver be required to assist with loading or unloading, Tempo Freight Systems will impose a charge of $250 per hour to the Customer for such services.

Dropped trailers

The Carrier doesn’t normally drop trailers at the delivery location unless this was agreed with the Customer at the time of negotiating the Rate Confirmation. However, if the trailer is “dropped” for more than 4 hours at the facility, the Customer must cover the costs of this deviation to the rate agreement with the Carrier.

If the trailer is dropped at the facility for up to 24 hours, the Carrier will charge a fee of $250. If the trailer must stay at the delivery location for more than one day, the Carrier will have to go and pick up another trailer from our terminal in Lyons, IL.

For the trip to our terminal and the subsequent recovery of the dropper trailer, the Customer will be charged at a rate of $2.50 per mile for every mile driven by the carrier from and back to the delivery location.

Should it for some reason become necessary for the Carrier to drop a trailer for more than 24 hours or more at the pick-up which is more than 200 miles from the Carrier’s Head Office (based on the official information from the FMCSA website), the Customer will pay the Carrier $750 for every 24 hours of waiting.

Deviations from the Route

Customers are obligated to provide the Carrier with accurate addresses for pick-up and delivery locations. In the event that the provided addresses are incorrect, the Carrier reserves the right to impose additional charges for the necessary rerouting as follows:

Up to 5 miles from the given location – no charge.
5-10 miles from the given location – $50.
10-30 miles from the given location – $100.
More than 30 miles from the given location – $100 plus an additional $2.50 per mile.

A reconsignment or diversion is defined as any change in the consignor or consignee's name, a change in the place of delivery within the original destination point, a change in the destination point, the surrender of the shipment at the point of origin, or any instructions received prior to the receipt of the shipment.

TEMPO Freight Systems will make a good faith effort to accommodate reconsignment requests; however, TEMPO shall not be held liable for any failure to fulfill such requests.

Reconsignment requests must be submitted in writing by an authorized party.

A reconsignment made before a shipment is moved shall be subject to the rate that would have applied had the shipment been originally scheduled for movement to the final destination.

In instances where more than one vehicle is used to transport the shipment, a minimum fee of fifty dollars ($50.00) shall be imposed for each shipment and for each vehicle that is redirected or reconsigned. Charges shall be calculated based on the total distance from the point of origin to the final destination, including the point of reconsignment or diversion.

If a shipment is returned to the point of origin, the applicable rate will be based on the actual distance traveled, plus the mileage charge.

Extra stops

The Rate Confirmation will provide the Carrier with the pickup and delivery locations as well as the location of any extra stops. For any extra stops, the Carrier will charge the following fees:

Two or more pickups within the same facility – $50 per pickup
Stops which are 50 miles one from another a $75 for each stop
Stops which are more than 50 miles from one another $100 for each such stop

Limitations of size and weight

Tempo Freight Systems LLC shall transport loads not exceeding 44,000 pounds in weight. The Shipper is obligated to load the goods in a manner that ensures the truck and trailer axles do not exceed the federally mandated weight limits.

In the event that the Shipper overloads the trailer, the Carrier shall be required to verify the load's weight at a certified scaling facility. The Customer shall be liable for all mileage incurred traveling to and from the scaling facility at a rate of $2 per mile. If the shipment is determined to be overweight, the Shipper must promptly restock the load. Time expended during the restocking process at the Shipper's location shall be charged at a rate of $100 per hour.

Should the restocking process extend past midnight on the day of loading, the Carrier will impose a $250 layover fee. If the facility closes and does not reopen until the following day, the layover charge will be $750. The time for restocking will be calculated from the time the driver departs the Shipper (as recorded by the “OUT” time on the Bill of Lading or load sheet).

The Customer is responsible for ensuring that the Carrier receives copies of all scaling tickets generated at the Shipper or Receiver locations.

Appointments

Carrier is obligated to respect the appointments set out by the Rate Confirmation agreement. Failure to do so may incur charges by the Customer.

Customer is obligated to make sure the appointments have been confirmed by the Shippers and Receivers. Any deviation from the appointments will cause a delay in Carrier’s operations.

Example: If the Carrier is not loaded at the appointed time at the Shipper, this will create a Domino effect all the way to the actual delivery of goods. Being loaded late at the shipper will cause the Carrier to lose more hours ON DUTY and give us less driving time.

Every hour late means that we may be late at the delivery by the same amount. In this case and cases of detention, the Customer agrees to set another appointment for deliver and carry any possible charges incurred from the Receiver.

6. Payment

The Customer is hereby obligated to remit payment to the Carrier in strict accordance with the rates and charges stipulated in the agreed Rate Confirmation.

The Carrier is required to submit the Bill of Lading (BOL) and Proof of Delivery (POD) alongside the invoice within 24 hours of delivery completion.

The Customer shall pay the Carrier's invoice within 30 days of receipt without exception.

Bill of Lading

The terms and conditions contained in the bill of lading, terms contained in the National Motor Freight Classification 100 Item 365 "Uniform Bill of Lading" in effect on the date the shipment was tendered, shall be the only ones applicable, unless otherwise agreed to in writing prior to carriage. Drivers who work with TEMPO or use their services are not approved TEMPO employees or representatives.

When a driver signs for a bill of lading other than the Uniform Bill of Lading, the signature merely serves to confirm that the freight has been received and to designate the recipient of the freight. Such a document is not a freight carriage contract. A bill of lading's continued usage cannot and will not be interpreted as an implied acceptance by TEMPO.

Proof of delivery

The Carrier will provide the Customer with the POD within 24 hours of the completed delivery. Should the Customer require a copy of the BOL, the Carrier will e-mail the Customer a copy free of charge.

If the Customer needs a hard copy of the BOL, the Carrier will mail the Customer a copy for a standard charge of $15. In case the Customer needs an original, one will be mailed for a charge of $30.

Collection of unpaid bills

Failure to remit payment within the prescribed 30-day period will result in the imposition of additional fees as follows:

A $15 fee for each monthly invoice issued subsequent to the initial invoice.
An interest charge of 1.5% of the total freight bill for each month following the issuance of the initial invoice and the lapse of the 30-day payment period.
Any costs incurred in the recovery of unpaid invoices, including attorney fees, court costs, and past due bill collection charges.

Unless a consignee, another individual involved in the transportation, or the owner of the property is explicitly identified, in writing, as the party responsible for payment, all transportation costs shall be borne by and must be paid by the Broker.

Should the Broker fail to settle all transportation costs, the Shipper, Consignee, and Owner of the Goods shall be jointly and severally liable for said payment.

All transportation costs must be paid in full prior to the release of the property to the consignee or owner, unless alternative credit arrangements have been expressly negotiated with TEMPO.

In the event that the Broker or Responsible Party fails to pay TEMPO's invoice for transportation charges within the Credit Period, the Broker or Responsible Party shall be liable to pay TEMPO an additional collection fee equal to twenty-five percent (25%) of the unpaid freight bill or seventy-five dollars ($75.00), whichever is higher, in addition to TEMPO's reasonable collection costs, including administrative costs and reasonable attorney fees.

Furthermore, any and all discounts, allowances, incentives, or other rate reductions granted solely by TEMPO on any outstanding freight bills shall be revoked if transportation charges for services rendered are not paid within 60 days of the expiration of the Credit Period.

From the end of the Credit Period until payment is made, TEMPO will impose an additional interest charge of two percent (2%) per month on the outstanding debt. If the two percent (2%) per month interest rate is prohibited by law in any jurisdiction, the interest rate shall be reduced to the highest permissible rate in that jurisdiction.

The parties responsible for paying freight charges under the terms of the rate confirmation agree that any court with jurisdiction in Cook County, Illinois shall have sole and exclusive jurisdiction over any disputes arising from the application or collection of charges under this Tariff. The Shipper or Responsible Party waives any defenses based on venue, lack of personal or subject matter jurisdiction, sufficiency of service, or procedural fairness.

Claims for overcharge, chargeback, duplicate payment, loss, or damage shall not be grounds for deducting from or delaying payment of legally established transportation charges owed to TEMPO. Such claims must be submitted and handled independently.

TEMPO's failure to enforce the terms and conditions of this item on any occasion shall not be construed as a waiver of its right to enforce these terms and conditions in subsequent transactions with the Shipper or Responsible Party.

Upon receiving written notification of a returned check due to insufficient funds, a fee of $75.00 (plus any bank fees incurred by TEMPO) will be charged to the Customer. The Customer may be placed on a "cash only" status, potentially impeding their ability to utilize TEMPO's services, causing shipment delays, and voiding any applicable discounts.

Letter of demand

Carrier requires the Customer to be bonded in the state of Illinois in case any claims for non-payment need to be filed.

A so-called Surety Bond is issued by an Insurance company and will be part of the Customer’s documentation. The Federal rules ask for a minimum bond of $10,000 up to a maximum $75,000.

Carrier must provide all necessary documents in order to file a claim against a bond. These must include the Rate Confirmation and any written communication between the parties. The documents will accompany the Letter of Demand from the Carrier.

Additional costs

If at any point the Carrier incurs additional costs which were not defined by the Rate Confirmation, the Customer will be charged a 100% of the amount of these extra costs. These include:

Use of a lumper at the Shipper or Receiver
Repairs made to the truck or trailer caused by the fault of the Shipper or Receiver.
Replacements of tires damaged at the Shipper or Receiver.
Special requirements by the Customer, Shipper or receiver.
Washing out the trailer if the previous load has made it necessary to do so.
Detention[1]
Layover/TONU
Diverting from a pre-agreed route
Extra pick-ups or drops

Detention

All shippers and receivers are given two hours of “free time” by the Carrier where they can load or unload the truck within two hours of the driver checking in.

Every subsequent hour will count as detention and will be charged at the rate of $70 for each hour. This rate is subject to an agreement between the Customer and the Carrier. If the detention continues into the next working day (past midnight), the Customer will pay the Carrier a full layover fee in the amount of $750.

STORAGE

Freight in TEMPO's possession due to any request, action, or inaction by the consignor, consignee, or owner, or due to TEMPO clearance or inspection, shall be considered immediately stored and subject to storage fees of $1.50 per 100 pounds, or $50 per shipment, whichever is greater. Commencing at 7:00 A.M. on the first Business Day following notice of arrival, storage fees of one hundred dollars ($100.00) shall be imposed on undelivered freight, with an additional twenty-five dollars ($25.00) accruing for each subsequent calendar day.

Starting at 7:00 A.M. on the day after the freight is received by TEMPO, storage fees for goods pending line-haul transportation will be one hundred dollars ($100.00), increasing by twenty-five dollars ($25.00) for each subsequent calendar day. Such property may be stored in a TEMPO warehouse, vehicle, or place of business, subject to the applicable storage tariff charge and TEMPO's sole obligation as a warehouseman. In the event no such warehouse is available at the point of delivery or at another accessible location, the property may be relocated and stored in an alternative facility at the owner's expense, subject to a lien for all freight and other lawful charges.

Alternatively, at TEMPO's discretion, such property may be transferred to and stored in a public or licensed warehouse at the point of delivery or another available location.

Storage fees shall cease when TEMPO is able to deliver or transfer the freight due to actions by the consignee, consignor, or customs official.

Truck order not used (TONU)

Truck Order Not Used (TONU) – If the Customer fails to notify the Carrier about cancelling the load a minimum 12 hours before the pick-up, and the driver is under a 100 miles out from the Shipper, the Customer agrees to pay the Carrier a Truck Order Not Used (TONU) fee in the amount of $500.

When call-on-demand service is ordered and then cancelled less than twenty-four (24) hours before the planned pick-up, the shipper is responsible for $250 + $1.50 per mile for all out-of-route miles traveled by TEMPO to position equipment for the cancelled pick-up.

7. Claims

Seals

All shippers are mandated to seal the doors of the trailer upon completion of loading. The Carrier is strictly prohibited from removing the seal until arrival at the receiver's location, where the seal shall be removed by the receiver.

Any discrepancies in the quantity of transported goods shall be resolved exclusively between the Shipper, Receiver, and Customer. The Carrier shall bear no responsibility for any shortages when the trailer has been sealed by the Shipper. The Carrier is under no circumstances to break the seal during transit.

The only exception to this policy is when a member of Law Enforcement requires the driver to break the seal and open the trailer doors. In such instances, the Carrier shall bear no liability for any resultant shortages or damages.

Shipper Loading Count (SLC): When the Carrier’s units are at the point of pickup (PU), docked without access to the loading area, and facility employees seal the trailer doors, the Carrier’s drivers have no means to verify the quantity or safe loading of the cargo. In these circumstances, the Shipper is responsible for marking "Shipper Loading Count" (SLC) on the Bill of Lading (BOL) and ensuring it is signed.

Overs, shorts and damages (OS&D)

In the event that the goods do not match the Bill of Lading (BOL), resulting in overs, shortages, or damages, the Carrier shall complete a specialized Overs, Shorts, and Damages (OS&D) form identifying the items in question. The Receiver and the Customer shall subsequently provide the Carrier with a resolution to these claims.

If the load was sealed by the Shipper, the Carrier is not automatically liable for any claims. Liability must be proven beyond doubt, in accordance with the Carmack Amendment.

Should there be any items on delivery not listed on the BOL (overs), the Customer must provide the Carrier with a resolution to this claim and either:

Leave the said items with the Receiver, or
Identify a nearby facility (within 10 miles) for the Carrier to drop off the load, with a charge of $100 to the Customer.

If a proposed facility is more than 10 miles away, the Carrier will charge the Customer at the following rates:

Up to 100 miles from the Receiver – $200
Between 100 and 300 miles from the Receiver – $450
Over 300 miles from the Receiver – $750

Any claims for damages occurring in transit will be covered by the Carrier's Cargo Insurance Policy.

TEMPO Freight Systems LLC shall not be responsible for shortages on shipments that are banded, strapped, netted, shrink-wrapped, or otherwise secured to bins, pallets, platforms, or skids, provided that such securing material is intact at the time of unloading. TEMPO will only be responsible for the number of bins, pallets, platforms, or skids on such shipments.

Salvage

When property transported by TEMPO is damaged or allegedly damaged and consequently not delivered, rejected, or refused upon tender to the owner, consignee, or person entitled to receive such property, TEMPO may, after providing due notice (if practicable) to the owner and any other interested parties, proceed to sell or dispose of such property, unless instructed otherwise in writing after giving such notice.

Liability statement

Carrier shall not be held responsible for any indirect, consequential, or special damages arising under any circumstances from breach of contract, breach of warranty, tort, or otherwise. Tempo Freight Systems shall not be liable for any consequential, incidental, punitive, or exemplary damages, including but not limited to loss of profits or revenues, damage to related goods, equipment, cost of capital investments, cost of replacements, or charges for acquiring substitute goods and services.

All claims for loss or damage to property transported or accepted for transportation must meet the following stringent requirements to be considered valid:

Claims must be made in writing,
Claims must assert TEMPO's liability for the alleged loss or damage,
Claims must request payment for a specific dollar amount, and
Claims must be supported by copies of all necessary documents to identify the Shipment in question. The shipper must submit a written declaration attesting that no other source has compensated for the property claimed before TEMPO willfully pays for lost or damaged property.

Requesting delivery confirmation does not constitute making a claim. Furthermore, reports of bad orders, damage appraisal reports, delivery receipts, inspection reports generated by the shipper or its inspection agency, and notations of shortages or damage on freight bills, delivery receipts, or other documents do not constitute claims. Each dispute with TEMPO shall be resolved individually; disputes or claims with respect to other shippers shall not be consolidated in any proceeding.

Shippers agree not to initiate or participate in any class action lawsuit against TEMPO related to the bill of lading, this Tariff, or the services provided by TEMPO. This does not restrict a shipper's ability to file an individual lawsuit on their behalf.

Upon receipt of a valid claim, TEMPO will acknowledge receipt to the claimant within thirty (30) days and indicate whether any additional documentation or details are required for further processing. After investigating the claim, TEMPO will respond to the Customer.

Within one hundred twenty (120) days of receiving a claim compliant with the aforementioned rules, TEMPO will either pay the claim, reject it, or propose a firm compromise settlement. If the claim cannot be resolved within this timeframe, TEMPO will notify the claimant of its status at the end of each subsequent sixty-day period while the claim remains unresolved. The maximum recoverable amount for delay, loss, or damage, whether due to negligence or not, shall, in all cases not prohibited by law, be the lower of the stated value plus freight charges if paid, or the actual value of the property as agreed in writing by the shipper.

All claims for delay, loss, or damage to property, including failure to make delivery, must be made in writing within nine (9) months of the date of delivery or within nine (9) months after a reasonable time for delivery has elapsed. Claims for concealed damages must be made to TEMPO within forty-eight (48) hours of delivery.

Any action or lawsuit against TEMPO for loss, damage, or delay must be initiated no later than two (2) years and one (1) day from the date the claimant discovered or should have discovered the delay, loss, or damage, or from the date of delivery, whichever is earlier. If claims are not filed or actions are not instituted within these periods, TEMPO shall not be liable, such claims shall be deemed waived, and no compensation shall be paid.

8. Dispute Resolution

These Terms are governed by the statutes and laws of the state of Illinois. In case of any disagreement or dispute, Illinois law shall apply, and any legal action must be filed exclusively in the state or federal courts serving Cook County, Illinois. Each Party consents to the exclusive personal jurisdiction of these courts for disputes related to these Terms or Services and waives any objections to jurisdiction or venue in these courts.

9. Force Majeure

If one Party's performance is affected or prevented by causes beyond their reasonable control, such as fire, labor disputes, riots, war, weather conditions, acts of public enemies, acts of God, terrorism, disruptions to transportation networks or operations, equipment repairs, fuel shortages, governmental regulations or requests, or national defense requisitions, and provided these causes are not due to that Party's actions or omissions, and the Party is taking reasonable steps to mitigate the effects, then all time periods and obligations, except for payment of invoices, will be suspended during the interruption. The Party must promptly notify the other Party of such interruption. This suspension will not invalidate these Terms, and performance will resume once the interruption ends. Neither Party will be liable for damages resulting from these suspensions.

10. Complete Agreement

Except as outlined in Section 1, these Terms represent the entire agreement between the Parties regarding the subject matters addressed herein, and they supersede all prior oral or written communications, representations, undertakings, and agreements related to those subjects.