TERMS & CONDITIONS

Roper Air Freight Inc. is a Freight Logistics Company operating as a “Freight Broker” and is licensed
by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration
(FMSCA) and other government agencies as required by law. Customer is the party using
Roper Air Freight Inc website and/or services. By electing to use Roper Air Freight Inc website and
services, Customer agrees to these TERMS AND CONDITIONS which no agent or employee of the
parties may alter

I. Definition – Freight Brokerage: Customer acknowledges that Roper Air Freight Inc. is a Freight Broker and NOT a Freight Carrier.

Acting as a broker between the Customer and Carrier, Roper Air Freight Inc. provides access to carrier rates and carrier services.

Roper Air Freight Inc. also ensures all carriers are properly licensed and bonded for all services they provide for the Customer.

The Federal Government’s laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment.

The courts have upheld this position based on the fact that Freight Brokers are barred from accepting consignment (taking control) of freight – and– Customer consigns (signs over) their shipment directly to the carrier. At no time does Roper Air Freight Inc. hold, handle, store or transport freight.

II. Definition – Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer’s shipment.

The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment.

Customer understands and agrees that the Freight Carrier(s) that transport the shipment(s) is/are exclusively responsible for the transportation and delivery of Customer’s shipment.

III. Definition – Customer: You establish yourself as a Customer of Roper Air Freight Inc. by: using Roper Air Freight Inc. website to shop and compare freight rates, registering and establishing an account with Roper Air Freight Inc., and/or arranging a shipment through Roper Air Freight Inc.

1. The Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code.

2. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off or pickup.

3. Residential services are available and are charged as an assessorial service.

4. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be carrier- equipment accessible.

5. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service.

6. Customer agrees to ensure the shipment is properly prepared for transport. Not meeting packing requirements could results in delays and additional charges at the responsibility of the Customer.

Freight can be stopped within any stage of the shipping process. The Carrier also has the right to charge a storage fee on the product until a solution has been put in place. These additional fees are the responsibility of the Customer.

7. The Customer agrees to pay for all services as actually provided by Roper Air Freight Inc. and the Freight Carrier(s).

8. Customer agrees that any individual or entity acting on their behalf has the right to legally bind
Customer.

This includes; any sanctioned party scheduling a shipment(s), any party using Customer’s Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer.

IV. Bill of Lading (BOL): The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by Roper Air Freight Inc. on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer.

The General Rules Tariffs, set forth by the Carrier(s) that provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the Freight Center Inc.’s Terms and Conditions.

If not stated within the Carrier’s General Rules Tariff, Roper Air Freight Inc. 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.

V. Required Use of Bill of Lading:
1. The Customer is required to use Roper Air Freight Inc system generated BOL.

2. Customer agrees to sign the BOL provided by Roper Air Freight Inc. prior to pick up. Customer must then provide two (2) copies of the signed BOL to the Consignor (the party at the point of pickup).

3. Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting Freight Carrier. Accordingly, the Customer agrees that the consigned Freight
Carrier will be exclusively liable for loss or damages.

4. Roper Air Freight Inc may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated by Roper Air Freight Inc., and shipments tendered with any bill of lading not issued by Roper Air Freight Inc.

5. Not using the BOL prepared by Roper Air Freight Inc. may result in a loss of all discounts and/or a reprocessing fee of up to $50.00.

VI. Accessorial Services: Accessorial services, such as lift gates, are services provided for a fee by the Carrier in addition to the basic transportation of the shipment.

1. Customer agrees to pay for all services requested at time of the booking or any accepted or requested at the time of pickup or delivery. Customer understands that the signing the delivery receipt by them or the consignee with services noted as used obligates them to the fees.

VII. Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, and commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (Including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck.

LTL Pallet Rates are based on the maximum dimensions of a standard 40” X 48” pallet, not to exceed a height of 48” and weight of 2000 pounds. Excess charges will apply, unless otherwise stated on the Customer’s BOL.

VIII. Truck Load Services (TL) & Partial Truckload: TL rates are based on Dock Door Pickup/Dock Door. Delivery and Shipper Load/Consignee Unload and are state-to- state and mileage based.

1. Full truckload shipments include two hours of detention time at pickup and delivery.

2. Additional charges may apply for charges including but not limited to: Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $75 per hour, up to $600 per day.

3. Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply.

4. Blanket Wrap/High Value Goods rates are driven by state-to-state/mileage, weight (actual or density), and commodity/product type.

5. Flatbed rates are based on equipment type, state-to state/mileage, and weight. If a flatbed shipment contains oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply.

IX. Quoted Rate: All shipments are quoted, rated, and booked based on information provided by you, the
Customer. Factors in this calculation include:

1. The total weight of the shipment including all packing materials, crating and or pallet.

2. What is being shipped (commodity) results in a NMFC code and Freight Class.

3. The packed size of the shipment, its dimensions, and volume of space required.

4. The type of packing used for the shipment.

5. The number of items being shipped.

6. Any special services requested and/or needed.

7. Guaranteed or estimated transit time.

8. Commercial or residential pickup or delivery.

9. Any other applicable accessorial charges (see below). Note: Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessment’s, penalties, taxes, duties, tariffs, tolls, storage expenses, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses.

X. Open Account: All Registered Customers arranging freight through Roper Air Freight Inc. must establish an Open Account. All services provided by Roper Air Freight Inc., Freight Carriers or Vendors on behalf of Customer will be charged to this account.

XI. Initial Billing: The estimated/initial cost for each shipment is billed and charged to Customer’s open account at the time of dispatch.

Customer understands that this initial billing is based on the information the customer provided and that this billing is done in good faith by Roper Air Freight Inc. with the assumption that the Customer provided true and accurate information reflecting the actual description of their shipment and services to be provided.

XII. Billing Adjustments: The Carrier reserves the right to verify a shipment’s weight, size, class, commodity and services provided.

If, when the shipment is audited by the carrier a discrepancy is found on the Bill of Lading information that causes the rate to increase, a carrier auditor will supply supporting documentation and a billing adjustment will be made.

The customer is responsible for any cost increases and agrees to allow the amount plus an inspection fee to be automatically charged to any payment methods on file.

Charges for a weight discrepancy will be calculated based on the price per pound of the original shipment and documented on the ‘Customer Estimate & Agreement’.

When a Carrier discovers these items are incorrectly described on the BOL, a carrier auditor will document the differences and a “Billing Adjustment” will be issued.

Should this occur, Customer agrees to pay for all documented billing adjustments via any method of payment used on the Customer’s account.

Customer agrees that Billing Adjustments (if any) will be automatically charged to the Customer’s Open Account with Roper Air Freight Inc. Billing Adjustments will incur an Inspection Fee of $35.00.

XIII. Payment: Unless otherwise agreed, payment for all services is by Credit Card (Visa, Master Card,
Discover, or American Express), which is issued in the Customer’s name and/or Customer is authorized to use.

1. Customer understands and agrees they have established an Open Account with Roper Air Freight Inc. and that they provided a credit card as their means of payment for this
account.

2. Understanding this, Customer is authorizing and directing Roper Air Freight Inc. to automatically charge any amounts payable by Customer in connection with Customer’s use of Roper Air Freight Inc. to the credit card Customer provided during the registration process, or such credit card(s) Customer may provide thereafter.

3. All funds received by the Roper Air Freight Inc. will be applied to the oldest (based on pickup date) outstanding invoice.

XIV. Late Payments: If payment is not received for services within Customer’s agreed to terms, the following will apply;(1) a reprocessing charge of $50 will be applied to the account. (2) Late fees will be assessed monthly at the rate of 1.5% of the outstanding balance.

XV. Customer’s Warranties: Customer warrants their compliance with all applicable state & federal laws, rules, and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through or over which the shipment may be carried.

1. 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, the Customer hereby instructs Roper Air Freight Inc., where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Roper Air Freight Inc. is not obligated to do so.

2. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and Roper Air Freight Inc. completes that document, the terms of this Bill of Lading will govern.

3. Roper Air Freight Inc. is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

4. Roper Air Freight Inc. assumes no liability to the Customer or to any other person for any loss