The recipient of this invoice (the "Recipient") will pay in accordance with stated
terms and interest will be assessed on any and all delinquent invoices at the rate of a 1.5% per month (18% Annual Percentage
Rate). In the event of a breach of any of the terms of this invoice or any agreement between recipient and JD Madden Transportation
Services, including but not expressly limited to the failure to pay sums owing to JD Madden Transportation Services, when
due, then in addition to any other sums due or payable to JD Madden Transportation Services by the Recipient. Recipient agrees
to pay reasonable attorney fees and costs of collection incurred by JD Madden Transportation Services in the enforcement of
JD Madden Transportation Service's rights. The Recipient acknowledges that JD Madden Transportation Services has provided
a service of value to both the shipper and the consignee of the item(s) shipped. As such, the consignee and the shipper are
jointly and severally liable for the full amount of this invoice.
Recipient shall
retain any fund received from third parties for the payment of this invoice in contructive trust for JD Madden Transportation
Services until JD Madden Transportation Services has been paid-in-full for the services JD Madden Transportation has provided.
Any funds that Recipient may bill or receive from a third party for the services provided by JD Madden Transportation Services
shall be an independent obligation of Recipient to pay JD Madden Transportation Services, and if Recipient files for bankruptcy
protection, or any involuntarty proceeding or custodianship, said funds shall not be considered an asset of Recipient, and
said amounts shall not be included in Recipient's bankruptcy estate.
Recipient
of this invoice is advised that JD Madden Transportation Services is acting only as a broker and is not a freight carrier
or an agent for a freight carrier. The liability of JD Madden Transportation Services is limied by applicable federal, state
and local statutes, rules and regulations and shall not in any event exceed an amount equal to ten percent (10%) of the shipping
charges for such goods shipped hereunder.
THESE TERMS AND CONDITIONS ARE APPLICABLE
TO ALL TRANSACTIONS MADE VIA JD MADDEN TRANSPORTATION SERVICES.
