Terms &

The following Terms and Conditions of Service are binding upon LUMINA EXPRESS INC (BROKER) and any shipper (SHIPPER) using the services of LUMINA EXPRESS INC, unless that shipper shall have in place, prior to the date of service, a written, countersigned agreement with LUMINA EXPRESS INC, in which case that signed agreement shall supplement these terms and control in place of conflict. For all other shippers, these Terms and Conditions shall control.

Use of the website www.luminaexpressinc.com and/or any communication with an email address at that domain, and/or the booking of any transportation services with BROKER shall demonstrate use and acceptance of these Terms and Conditions.

BROKER is a transportation broker as defined by 49 U.S.C. §13102(2), arranging for the transportation of goods of all kinds on behalf of its shipper-clients.

SHIPPER is a sole proprietorship, corporation, or limited liability company seeking to engage a transportation broker to assist it in locating motor carriers to transport SHIPPER's goods.

SHIPPER certifies that it has title, interest, or rights (including those of an agent) to bind the goods and any owner or beneficial owner thereof to these terms and the terms of any underlying motor carrier to whom the cargo is eventually tendered.

BROKER is a licensed property broker with the U.S. Department of Transportation (USDOT #4488054, MC-1773654).

BROKER arranges for transportation of goods on behalf of SHIPPER, but does not actually carry, consolidate, possess, or otherwise take dominion over the loads that it brokers.

BROKER agrees to provide SHIPPER with transportation services, including the locating, hiring, qualifying, rate negotiation, and tendering of a carrier, who will perform the actual carriage of the SHIPPER's goods at the direction of BROKER.

Qualifying a carrier shall be defined under these terms as receiving a certificate of insurance from the carrier showing at least the statutory minimum amount required for valid authority, and confirming the valid motor carrier authority.

SHIPPER is aware and acknowledges that BROKER is not a motor carrier, and will not ever take actual possession, custody or control over the shipments being arranged for on SHIPPER's behalf.

BROKER will only utilize the services of carriers who have demonstrated their qualification by providing proof of operating authority and cargo insurance coverage as demonstrated by a declaration page showing active coverage. BROKER does not warrant particular coverages or exclusions.

BROKER will be solely responsible for invoicing and collecting freight charges from the SHIPPER, and all carriers utilized by BROKER to carry SHIPPER's goods have expressly waived any and all rights to collect from or make demands upon the SHIPPER, consignor, or consignee directly.

BROKER agrees to pay CARRIER's freight charges on behalf of SHIPPER, and to invoice SHIPPER directly for payment of said freight charges. BROKER's invoice will, upon written request from the SHIPPER, be accompanied by a copy of the bill of lading.

In the event that SHIPPER does not approve of a particular carrier, once a request in writing is delivered to BROKER to no longer use said carrier on SHIPPER's loads, BROKER will cease use of that carrier on BROKER's loads, or request a waiver of said bar prior to transport.

SHIPPER shall provide a full description of the goods for which transportation is being arranged, accurate information regarding the origin and destination for such shipments, and all other information necessary to complete the transportation of the shipment.

In the event that the Shipper provides inaccurate or incomplete information regarding the load, including but not limited to its description, weight, dimensions, and any other relevant particulars, such provision of incorrect information may result in adjustments to the originally quoted price. If the transportation of the load is cancelled as a direct consequence of the Shipper's provision of wrong information, the Shipper shall be liable for a cancellation fee equal to the greater of (i) $250 or (ii) 10% of the total applicable tariff for the scheduled transportation service.

BROKER's standard payment terms require receipt of cash payment in advance of services. If BROKER chooses to extend credit to SHIPPER, SHIPPER shall make payment of the full invoiced amount for all loads arranged for by BROKER within fifteen (15) days of invoice date. In the event that SHIPPER fails to timely pay BROKER's invoice, SHIPPER shall be liable for a fifteen percent (15%) late payment fee, eighteen percent (18%) interest, as well as any and all attorneys' fees or collection fees expended by BROKER in an effort to collect those charges.

All payments made via credit card will be subject to a convenience fee of 5.0%.

SHIPPER agrees to be bound to any additional charges which may become due, including equipment repair, accessorial charges, waiting times, or unnecessary delay caused by the SHIPPER.

Except as provided herein, all claims will be filed and resolved in accordance with the provisions of 49 CFR Part 370. BROKER may assist SHIPPER with claims to carrier, but all claims must be made against carrier and not BROKER, who expressly bears no liability for any loss or damage or delay to any shipment arranged by BROKER for SHIPPER.

The rates set forth in rate confirmations or quotations are designed to meet the distinct needs of the parties to these Terms and Conditions. Each shipment should be accompanied by a rate confirmation and/or quotation which is expressly subject to these Terms and Conditions.

It is the duty of the SHIPPER to inquire directly to any carrier tendered hereunder as to any applicable rules or tariffs, and how they might affect liability, claims, or other duties and rights between SHIPPER and carrier. BROKER has no role in regard to such items, and merely arranges for a carrier to perform the requested carriage at a specific rate agreed upon.

BROKER may submit invoices electronically. SHIPPER agrees to receive invoices electronically. SHIPPER may transfer funds electronically to the bank designated by BROKER.

BROKER and SHIPPER each agree to utilize their best efforts to utilize electronic invoicing and payment systems as soon as possible.

BROKER as a licensed property broker does not have any legal liability for loss, damage, or delay in the transportation of SHIPPER's property. BROKER's liability is extinguished by the tendering of a qualified carrier to the location designated by SHIPPER for pickup.

Any and all claims for loss, damage, or delay are to be made directly with the motor carrier. BROKER will provide all necessary information and documentation to assist SHIPPER in the handling of such a claim with the motor carrier, but such action does not create any liability on the part of the BROKER or waive any portion of these Terms and Conditions.

Regardless of any of the foregoing, BROKER's maximum liability in any regard to or for any cause whatsoever, to any person or party, shall be limited to the total sum of fifty dollars ($50.00) per shipment.

All bills of lading, delivery receipts, or other transportation documentation, aside from estimates, quotes, and rate confirmations exchanged directly between SHIPPER and BROKER, shall be the sole responsibility of SHIPPER, and shall not bind BROKER in any manner.

SHIPPER's designation of BROKER on any bills of lading or delivery receipts shall be for informational purposes only and will not modify these Terms and Conditions. Any representations made by the motor carrier do not bind BROKER in any manner.

The terms and conditions of any freight documentation used by SHIPPER and/or the motor carrier may not supplement, alter, or modify these Terms and Conditions. In the event of any conflicts, these Terms and Conditions shall control.

To the full extent permitted by law, SHIPPER agrees to indemnify, defend and hold harmless BROKER, its partners and affiliates, as well as all of their officers, directors, attorneys, agents, insurers, and employees from and against any and all claims, demands, actions, liabilities, judgments, losses, damages, expenses, costs, penalties, and fines, including third party claims for contribution, attorney's fees for injury or alleged injury of any kind to any person, including death, and/or damage or alleged damage of any kind to any property arising from the negligent acts or omissions of SHIPPER, related to the tendering of hazardous materials, or improper packaging, loading, or latent defects in goods tendered for carriage.

BROKER and SHIPPER shall indemnify and save harmless each other, their subsidiaries and their respective officers, directors, and employees, from and against all liabilities, obligations, losses, damage, penalties, claims, actions, suits, costs, charges and expenses, including without limitation, reasonable fees and expenses of legal counsel and expert witnesses, which are the result of or arising out of any or all of the respective obligations of the parties.

SHIPPER hereby agrees to comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800 and §173 et seq. to the extent that any shipments constitute hazardous materials.

SHIPPER hereby acknowledges and agrees that SHIPPER will not tender to BROKER or BROKER's designated motor carrier any hazardous materials for shipment. Notwithstanding, SHIPPER is obligated to inform BROKER immediately if any such shipments tendered by error do constitute hazardous materials.

Neither Party shall be liable to the other for failure to perform any of its obligations under these Terms and Conditions during any time in which such performance is prevented by fire, flood, or other natural disaster, war, embargo, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of the BROKER or SHIPPER, provided that the Party so prevented uses its best efforts to perform under these Terms and Conditions and provided further, that such Party provide reasonable notice to the other Party of such inability to perform.

BROKER shall require that all motor carriers used to provide the transportation services outlined herein provide to broker a declaration page or pages evidencing insurance with coverage as follows:

Cargo liability insurance with minimum limits of $100,000 per occurrence, with a deductible of not more than $5,000.

Automobile liability insurance covering its owned, hired and non-owned automobiles with minimum limits of $1,000,000 per occurrence, with a deductible of not more than $10,000.

Comprehensive general liability insurance, including contractual liability coverage, with minimum limits of $1,000,000 per occurrence, with a deductible of not more than $10,000.

BROKER is not an insurer of shipments for which it arranges transportation. BROKER has no liability for the failure of a motor carrier's insurance policy to timely or reasonably pay claims. However, BROKER has contractually required from carriers that such coverage is in place for each motor carrier used prior to assignment of such motor carrier to any loads.

BROKER may assist their customers in the filing of claims with motor carriers, where SHIPPER has notified BROKER of the loss or damage immediately upon discovery via telephone or email, and in any case, not more than forty-eight (48) hours after delivery, and submitted to BROKER all documentation of its claim in writing, including bills of lading, delivery receipts, exception reports, surveys, damage evaluations, and invoices, and a demand for a specific amount of compensation from the motor carrier, within the first twenty (20) days following delivery.