Southern Companies Terms and Conditions
All transportation, warehousing, and logistics services (“Services”) involving Southern Delivers LLC, d/b/a Southern Cartage (“Southern Companies”) is governed by the Terms and Conditions below (the “Terms”). Southern Companies maintains these terms and conditions on this site in order to supply the Shippers, Consignors, Consignees, Depositors, and Brokers (“Customers”) and Carriers and Brokers (“Providers”) with whom they engage to have full knowledge of the Terms under which services shall be performed. In accessing these Terms and choosing to engage with Southern Companies, all Customers and Providers understand and acknowledge the Terms below. No element of these Terms may be waived or modified, except through the written and signed consent of both Southern Companies and the Customer or Provide. All Customers and Providers warrant that any representative who enters into any Agreement with Southern Companies has the authority to bind said Customer or Provider to these Terms. Any changes made to these Terms by Southern Companies shall have immediate effect. Southern Companies shall endeavor to inform Customers and Providers of all updates to these Terms, but Customers and Providers shall be bound by any updates, regardless of notice.
Parties
1. Southern Delivers, LLC. . A Southern Companies entity authorized as a property Broker under DOT #4052734
2. Shipper. An entity desiring to utilize the services of a Broker or Motor Carrier to satisfy particular transportation needs.
3. Warehouseman. An entity that provides for the storage, handling, and distribution of goods.
4. Consignor. An entity sending goods to be delivered.
5. Consignee. An entity receiving delivered goods.
6. Depositor. An entity desiring to engage with a Warehouseman for the storage, handling, and distribution of goods.
7. Broker. A licensed Broker of property, engaged in the business of arranging for the transportation of good by Carriers or Brokers on behalf of Shippers, Consignors, and/or Consignees.
8. Carrier. A third-party licensed interstate or intrastate Motor Carrier of property, engaged in the business of providing transportation services to Shippers and Brokers. For the purposes of these Terms, this definition does not include any Southern Companies entity.
Shipping Documents
1. Any Customer or Provider supplying a Bill of Lading or other document required for performance of the services being sought warrants and represents that all information supplied on such document is complete and accurate.
2. All Customers and/or Providers explicitly agree to indemnify, defend, and hold Southern Companies harmless from any claim, damage, loss, fee, fine, or injury arising out of information supplied on Customer’s or Provider’s shipping documents, or out of Customer’s or Provider’s failure to timely supply such necessary documents.
3. Should any Customer or Provider fail to timely supply or complete any document necessary for the performance of services being sought, Southern Companies may, at their discretion, complete, correct, supply, or replace any documents at the expense of Customer or Provider.
4. Provider shall obtain a receipt showing the kind and quantity of product delivered to the Consignee of any such shipment at the destination specified by Southern Companies, and Provider shall cause such receipt to be signed by the consignee.
5. These Terms have precedence and shall supersede any conflicting provision contained in any shipping document as such provisions relate to Southern Companies.
Credit, Billing and Payment
1. A Credit Application must be completed by any Customer and approved by Southern Companies prior to the provision of any services by Southern Companies.
2. At Southern Companies’ sole discretion, Southern Companies may elect to perform services for certain Customers prior to the completion of a full Credit Review on a case-by-case basis. In such circumstances Southern Companies may require pre-payment for services.
3. All payment term specifics shall be determined at the time of each Customer’s Credit Review.
4. Customer shall supply Southern Companies with information regarding the full and complete name of the party to be billed, and a contact name, phone number, and e-mail address to whom all inquiries regarding billing and payment status may be directed.
5. Should any invoice go past due, Southern Companies may elect to put Customer’s credit on hold, and may additionally elect to cancel any pending shipments.
6. Should Customer use and third-party payment services, Customer understands and agrees that timely payment of Southern Companies’ invoices remains the responsibility of Customer, regardless of any agreements made between Customer and any other party concerning payment. Payment must be made in accordance with these Terms. Southern Companies reserves the right to suspend credit or services for non-payment or the failure to abide by these Terms.
7. At its discretion, Southern Companies may use available public information or information provided by a third-party credit reporting agency in making credit determinations regarding Customer. Customer expressly consents to Southern Companies use of any such financial data.
8. Southern Companies retains the right to refuse, revoke, increase, or decrease any line of credit to Customer for any reason, and without the need to disclose information regarding or to justify any refusal, revocation, or reduction. Should Southern Companies elect to revoke Customer’s credit, all invoices and payment for any shipments in progress shall become immediately due.
9. Customer agrees to pay Southern Companies the agreed-upon rate, and, in addition, any charges made to Southern Companies on the basis of deviations from the original agreed-upon services and rates.
10. Should Southern Companies provide services to Customer prior to reaching an agreement on pricing, Customer agrees to pay Southern Companies the amount of the last pricing quoted by Southern Companies to Customer. In the event that no pricing quote has been made, Customer agrees to pay Southern Companies based on current market rates for the same or similar services.
11. Any and all rates and quotes are subject to adjustment based on fuel and other accessorial charges.
12. Customer understands and acknowledges that, should any invoice remain unpaid, Southern Companies reserves the right to bill any other party with a vested interest in the shipment.
13. Should Customer wish to dispute all or any portion of Southern Companies’ invoice, Customer must notify Southern Companies in writing of such dispute within five (5) business days of receipt. Failure to provide such notification shall be deemed to be an acceptance on the part of the Customer, and waiver against any claims or defenses regarding payment of such invoice. Any dispute must be accompanied by reasonably detailed supporting documentation to allow Southern Companies to work toward resolution of the issue. Southern Companies reserve the right to reject any dispute not accompanied by sufficient supporting documentation.
14. Customer shall be liable for any legal or court costs incurred by Southern Companies in the collection of any undisputed or improperly disputed payment.
15. Provider will charge, and Southern Companies will pay for, transportation services performed under these Terms the rates and charges as shown on rate confirmation sheets or any written communications, supplements or revisions (hereinafter “Rate Confirmation”) thereto signed by Southern Companies and provided to Provider.
16. Provider hereby acknowledges and agrees that any Rate Confirmation provided to Provider by Southern Companies shall be deemed accepted by Provider unless objected to, in writing, to Southern Companies, within twenty-four (24) hours.
17. In the event service is provided and it is subsequently discovered that there was no applicable rate in the Rate Confirmation, the rate paid by Southern Companies shall be the agreed upon rate.
18. Provider shall supply Southern Companies with information regarding the full and complete name of the party to be billed, and a contact name, phone number, and e-mail address to whom all inquiries regarding billing and payment status may be directed.
19. Any invoice submitted to Southern Companies will be considered incomplete unless it is accompanied by all applicable documentation showing proof of delivery, and proof of interchanges as requested by Southern Companies.
20. All invoices must be submitted via e-mail to: accounting@southerncompanies.net.
Cargo Claims
1. Should the services provided by Southern Companies be for the arrangement of transportation rather than the direct transportation on Southern Companies’ own assets, Customer understands that, while Southern Companies work to facilitate claims resolutions, Southern Companies is not liable for the loss or damage to any shipment while in the care, custody, and control of any third-party Provider, nor for the deterioration of goods resulting from delay, breakdown, or malfunction in third-party Provider’s equipment.
2. All Customers and Providers understand and agree that the filing and processing of all cargo claims shall be governed by 49 CFR § et seq.
3. Customer shall possess no right to withhold payment to Southern Companies based on any pending claims of any fashion. All other services provided to Customer by Southern Companies are considered unrelated and must be handled as required by the Terms.
4. Customer understands that Southern Companies will not facilitate the resolution of claims against any third-party Provider if Customer has not paid Southern Companies’ invoice in full for the services in question.
5. Failure to make any notation on the Bill of Lading or other shipping documents shall be considered prima facie evidence of the shipment being tendered to the Carrier in good condition. Failure to make any notation on the delivery receipt shall be prima facie evidence of the delivery of the shipment in good condition. The burden of proof shall fall upon the Customer to show that the shipment was tendered in good condition and delivered with damage.
6. Customer is obligated to mitigate its damages for loss or damages to goods through all commercially reasonable methods. Should Customer elect not to salvage reasonably salvageable items, any loss or damage shall be reduced by the reasonable salvage allowance.
7. For any claims of loss or damage to cargo that could not have been observed, known, and/or noted at the time of delivery, Customer must report such loss or damage to Southern Companies within five (5) days of delivery.
8. Southern Companies shall have no liability for any loss or damage for any goods which are materially mis-declared or mis-described.
9. Southern Companies shall have no liability for freight delay, chargebacks, detention or demurrage.
10. The liability for any loss or damage to cargo shall be limited to $100,000.00 unless a higher amount is agreed to in writing by Customer and Southern Companies on a per load basis prior to any dispatch.
11. All claims must be accompanied by documentation identifying, with specificity, the load in question, as well as a demand for a determinable amount of money, supported by documentation of said amount. Additionally, claims must be accompanied by any and all documentation necessary for Southern Companies and their insurer(s) to make a reasonable determination regarding fault, coverage, and claim amount.
12. Provider agrees to furnish Southern Companies immediately, or as soon as is reasonably possible, notice by telephone of any occurrence or transaction which may give rise to a claim under the terms of this Agreement, and in accordance with Southern Companies’ policy for reporting claim incidents.
13. Provider further agrees to cooperate, as requested by Southern Companies or its authorized representative, in the investigation, negotiation, settlement, or litigation of any claim or suit, which may be encountered by the Southern Companies, or its representative under the terms of this Agreement.
Liability and Indemnification
1. Subject to the limitations of liability and other provisions herein, Southern Companies shall not be liable to Customer, Provider, or to any other party for injury to persons or property unless such injury is solely attributable to Southern Companies’ gross negligence or willful misconduct.
2. Customer understands and acknowledges that, should Southern Companies provide the service of arranging for transportation of Customer’s goods by a third-party Provider, Southern Companies exercises no control or supervision over any third-party Provider’s employees, agents, contractors, subcontractors, equipment, and/or facilities, nor over any routes, schedule or manner in which Provider performs its services.
3. Should Southern Companies be acting as a Broker, Southern Companies does not physically accept, supervise, or control the goods being transported at any time, nor does Southern Companies control or observe the manner in which such goods are packaged, loaded or transported.
4. To the extent that any loss, damage, or injury—either to persons or property—is caused, in whole or in part, by Provider’s or Customer’s acts or omissions, Provider/Customer shall defend, indemnify, and hold Southern Companies harmless. From any claims, suits, and/or causes of action, including, without limitation, reasonable attorneys’ fees and legal costs.
5. Southern Companies assumes no liability for any cost, loss, or expense arising out of the failure of Provider or Customer to abide by any relevant laws or regulations governing the contents of any shipment transported under this agreement.
6. Neither Provider/Customer nor Southern Companies shall be liable for loss, damage, or failure to perform services as contemplated in these Terms due to any force majeure event, including, without limitation, acts of God, fire, explosion, strike, lockout or labor shortage, war, terrorism, embargo, pandemic, epidemic, quarantine, riot, civil disobedience, intervention or orders from governmental authority, hijacking, or other similar contingency beyond the reasonable control of such party. In the event that either Southern Companies or Provider/Customer wish to invoke this provision, immediate notice must be supplied to the other party, along with a description of the type and anticipation of the event. Notwithstanding the foregoing, a party’s obligation to timely pay any amounts due hereunder shall not be excused by a force majeure event.
7. IN NO EVENT SHALL SOUTHERN COMPANIES BE LIABLE TO CUSTOMER OR PROVIDER OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR ANY SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR BUSINESS INTERRUPTION, EVEN IF SOUTHERN COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SOUTHERN COMPANIES’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY UNDER OR IN ANY MANNER RELATED TO THESE TERMS OR THE PROVISION OF SERVICES BY SOUTHERN (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE TOTAL AMOUNT PAID BY CUSTOMER TO SOUTHERN COMPANIES PURSUANT TO THESE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (2) ONE HUNDRED THOUSAND US DOLLARS ($100,000.00).
Customer Obligations
1. Customer understands and acknowledges that Customer possesses the responsibility to block and brace loads, or to ensure that loads are properly blocked and braced, in order to prevent shifting and damage in transit. Southern Companies shall not be liable for any damage or loss due to Customer’s failure to properly pack or secure any load, or to ensure that any load is properly packed or secured.
2. Customer shall accurately and adequately describe each load. Southern Companies shall have no liability for any damage or lost arising out of Customer’s failure to describe the contents of any load.
3. Should Customer require a load to be transported at a certain temperature, Customer shall properly precool the goods, and notify Southern Companies in writing with adequate time to properly cool and regulate the equipment prior to loading.
4. Customer shall know and comply with the marking requirements of the US Customs Service, the regulations of the US Food and Drug Administration, and any other federal, state, or local requirements concerning the goods being transported or housed. Customer bears all responsibilities of a “Shipper” or “Loader” under the Food and Drug Administration’s Sanitary Food Transportation regulations.
5. Customer shall use all commercially reasonable and good faith efforts to mitigate its damages from the loss or damage of any shipment transported according to these Terms.
6. Unless specifically set forth herein, or subject to a specific statute or international convention, all claims against Southern Companies arising out of or in any way related to these Terms or the Services must be made in writing and received by Southern Companies within sixty (60) days of the event giving rise to the claim. Failure to give Southern Companies timely notice shall be a complete defense to any suit or action commenced by Customer. No action, regardless of form, arising out of these Terms may be brought by Customer more than one (1) year after the cause of action has occurred.
Provider Obligations
1. Provider represents and warrants that it is duly and legally qualified to provide the transportation services contemplated herein, and Provider agrees to comply with all federal, state, and local laws regarding the provision of such services.
2. Provider represents and warrants that it does not have a conditional or unsatisfactory safety rating or a proposed safety rating change issued from the U.S. Department of Transportation (“DOT”).
3. In the event Provider is audited by the DOT and/or receives a conditional or unsatisfactory safety rating from the DOT, Provider agrees to notify Southern Companies within twenty-four (24) hours of such event.
4. Southern Companies shall have the right to terminate any Agreement with Provider immediately upon receipt of such notice of DOT audit, safety rating change or threatened audit or change.
5. Provider shall indemnify, defend, and hold Southern Companies, its customers, consignors, and consignees, and their respective officers, directors, and employees harmless from and against any and all third party claims for losses, harm, injuries, damages, claims, costs, reasonable attorney’s fees, expenses and liabilities arising from, or in connection with, the transportation services provided by the Provider, its employees, agents, contractors, and subcontractors, except to the extent arising out of and resulting directly from the negligence or willful act or omission of the entity seeking to obtain the benefits of this provision. Provider hereby waives any rights or privileges under applicable law, including but not limited to those under any workers’ compensation regime, as is necessary to effectuate the terms of this provision.
6. Provider explicitly agrees to indemnify, defend, and hold Southern Companies harmless from any claim, suit, or loss arising out of any employment misclassification claim.
7. All Carriers are required to demonstrate $100,000.00 in cargo coverage for any goods transported by Carrier on behalf of Southern Companies, with no exceptions for theft or mysterious disappearance, and which will cover temperature-controlled goods in the event of a breakdown.
8. All Carriers are required to possess Automobile and General Liability Coverage of $1,000,000.00 per occurrence with no annual aggregate.
9. All Carriers are required to possess Non-trucking Liability in limits of at least $1,000,000.00.
10. All Brokers are required to demonstrate $100,000.00 in contingent and/or excess cargo coverage for any goods for which Broker arranges for transportation on behalf of Southern Companies.
11. Provider shall provide and maintain, at Provider’s sole expense, any coverage required herein purchasing same from an insurance company with an A.M. Best’s rating of A- or better and provide Southern Companies with a Certificate of Insurance evidencing such coverage naming Southern Companies as an additional named insured and loss payee. This certificate of insurance must be provided to Southern Companies prior to the provision of any services by Provider on behalf of Southern Companies, and such certificate will state that insurance carrier will provide Southern Companies with thirty (30) days’ notice of cancellation or change in coverage.
12. Provider shall furnish (or, in the case of Broker, cause to be furnished) all equipment necessary or required for the performance of its obligations hereunder and Provider hereby agrees that Provider will not supply (or cause to be supplied) any equipment that has been used to transport hazardous wastes whether solid or liquid without disclosing such to Southern Companies and receiving Southern Companies’ explicit permission to use such equipment.
13. Provider shall pay (or, in the case of Broker, cause to be paid) all expenses related, in any way, with the use and operation of the equipment used to supply services hereunder.
14. Provider shall maintain (or, in the case of Broker, cause to be maintained) the equipment used to perform services hereunder in good repair, mechanical condition and appearance in order to comply with all federal, state, or local rules and regulations.
15. Provider shall utilize only competent, able, and legally licensed personnel.
16. Neither Provider, nor any of its agents, contractors, subcontractors, or employees shall be considered to be the employees, agents, or servants of Southern Companies.
17. Provider shall not withhold any goods transported pursuant to this Agreement for any reason including the existence of any dispute as to prices or any alleged failure of general credit of Southern Companies. Further, Provider hereby waives and releases all liens that Provider might otherwise have to any such goods in the possession or control of Provider or Provider’s agents.
Warehousing Terms
1. Customer represents and warrants that all goods tendered to Southern Companies in its capacity as a Warehouseman shall conform to the description and quantity supplied by Customer.
2. Southern Companies retains the right to refuse non-conforming goods.
3. Customer represents and warrants to Southern Companies that there are no potential health, safety, or environmental hazards associated with the storage and handling of any goods tendered to Southern Companies.
4. All goods shall be delivered to Southern Companies by Customer properly marked and packaged for handling. Customer shall furnish Southern Companies at, or prior to, delivery of goods, a manifest showing marks, brands, or sizes to be kept and accounted for separately, and the class of storage and other services desired.
5. Southern Companies may, at their sole discretion, reject any shipment of goods that it deems to be improperly marked, packaged, or contains any hazardous material.
6. For the provision of warehousing services hereunder, Southern Companies shall be considered a warehouseman as described in Article 7 of the Uniform Commercial Code (“UCC”), as ratified in the State of Florida, and is entitled to all rights and subjects to all obligations described therein.
7. Southern Companies shall have the sole discretion to select the area within its facility to store the goods, and may, without notice, move the goods within its facility.
8. Southern Companies may provide additional services as set forth in any agreement between Customer and Southern Companies, or otherwise requested by Customer and as agreed to by Southern Companies, and charges due for such additional services will be invoiced to Customer in addition to any storage or other charges due hereunder and subject to the same payments terms as set forth in these terms.
9. These Terms shall apply to warehousing services and also to all distribution handling services performed by Southern Companies or a Southern Companies Affiliate. Distribution handling services shall mean cross-docking, consolidation, deconsolidation, transloading, packaging, labeling, and other similar handling activities by Southern Companies, Southern Companies Affiliates or third-party Providers.
10. Southern Companies shall not be deemed to be a motor carrier of any type nor a freight forwarder as defined under 49 USC § 13102 for purposes of transportation services unless Customer explicitly engages Southern Companies to perform such transportation services in addition to warehousing services.
11. Customer warrants that it is the owner and/or has lawful possession of any goods tendered to Southern Companies for the provision of warehousing services, and that Customer has the sole legal right to store and thereafter direct the release and delivery of the goods.
12. Customer agrees to defend, indemnify, and hold Southern Companies harmless, including for reasonable legal fees and costs, of and from any claim by a third-party relating in any way to the ownership, storage, and release of the goods, or any other services provided by Southern Companies.
13. The storage period for any goods begins on the date that Southern Companies accepts care, custody and control of the goods, regardless of unloading date or date of issue of warehouse receipt. All storage charges are due and payable within thirty (30) days of presentation of invoice, and Customer agrees to pay reasonable legal fees and costs and attendant collection costs for delinquent accounts or invoices.
14. Customer agrees that all goods shipped to Southern Companies’ facility shall identify Customer on the bill of lading or other contract of carriage as the named consignee, in care of Southern Companies, and shall not identify Southern Companies as the consignee. If goods are shipped to Southern Companies as the named consignee on the bill of lading or other contract of carriage, Customer agrees to immediately notify the carrier in writing, with copy of such notice to Southern Companies, that Southern Companies as named consignee is the “in care of party” only and has no beneficial title or interest in the goods shipped to Southern Companies’ facility. Southern Companies shall have the right to refuse such goods and shall not be liable for any loss, mis-consignment, or damage of any nature to, or related to such goods. Customer agrees to defend, indemnify, and hold harmless Southern Companies from all claims for transportation, storage, handling, loss, damage, or other charges related to such goods, including undercharges, demurrage, detention, and other charges of any nature whatsoever, including reasonable legal fees and costs.
15. Customer shall maintain product liability insurance in an amount not less than $1,000,000.00 on a per occurrence basis, which coverage shall be primary to any coverage of Southern Companies, covering any goods tendered to Southern Companies by Customer.
16. Claims by Customer and all other persons regarding warehousing services must be presented in writing to Southern Companies within a reasonable time, and in no event any later than the earlier of: (i) sixty (60) days after delivery of the goods by Southern Companies or (ii) sixty (60) days after Customer is notified by Southern Companies that loss or damage to part or all of the goods tendered to Southern Companies by Customer has occurred.
17. No lawsuit or other action may be maintained by Customer or others against Southern Companies for loss or damage to the goods unless timely written claim has been given as provided in paragraph and unless such lawsuit or other action is commenced by no later than the earlier of nine (9) months after date of delivery by Southern Companies or nine (9) months after Customer is notified that loss or damage to part or all of the goods has occurred.
18. Southern Companies shall have a general warehouse lien for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, including demurrage and terminal charges, labor, weighing, coopering, and other charges and expenses, present or future, in relation to such goods, and for the balance on any other accounts that may be due. Southern Companies claims a general warehouse lien for all such charges, advances and expenses with respect to any other goods stored by the Customer in any other facility owned or operated by Southern Companies. In order to protect its lien, Southern Companies reserves the right to require advance payment of all charges prior to shipment of goods.
19. SOUTHERN COMPANIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED, OR HANDLED, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE BY SOUTHERN COPMPANIES TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND SOUTHERN COMPANIES IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
20. CUSTOMER DECLARES THAT DAMAGES ARE LIMITED TO $0.10 PER POUND; PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF GOODS BE INCREASED UPON CUSTOMER’S WRITTEN REQUEST ON PART OR ALL OF THE GOODS, IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION.
21. SOUTHERN COMPANIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Term and Termination
1. These Terms shall remain in effect until terminated by either Provider or Southern Companies upon thirty (30) days’ notice to the other party.
2. Should Provider elect to terminate, Provider shall pay any and all existing or future invoices for all services provided by Southern Companies up to the point of termination.
3. Southern Companies reserves the right to immediate termination upon Provider’s breach of these Terms, including, without limitation, Provider’s failure to timely pay Southern Companies for services.
4. Provider understands and acknowledges that these Terms are subject to change and that the Terms posted on this website on the date of any services provided will apply to such services and govern the parties’ obligations.
5. Unless otherwise provided for in these Terms, all obligations will survive the termination of these Terms for any reason.
Non-Waiver and Severability
1. Any delay or failure by Southern Companies to insist on the performance of any of these Terms shall not be construed as a waiver of the Terms or any conditions, provisions, rights, or privileges. The Terms and any related rights will remain in full force and effect as if no forbearance, waiver, or delay had occurred.
2. Pursuant to 49 U.S.C.A. § 14101(b)(1), Customer and Provider expressly waive any and all provisions under U.S. Code Title 49, Subtitled IV, Part B, and the regulations thereunder to the extent such provisions conflict with these Terms.
3. If any provisions of these Terms, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void or unenforceable, Customer and Provider agree that such provision shall be deemed severable and all other provisions of these Terms, and all applications thereof not held invalid, void, or unenforceable shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby.
Disclaimer
1. CUSTOMER AND PROVIDER USE THIS WEBSITE AT THEIR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR RESPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFIRNGEMENT.
2. IN NO EVENT WILL SOUTHERN COMPANIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE.
Remedies and Governing Law
1. C Customer and Provider agree that Florida law shall govern, without reference to the conflict of laws contained therein, disputes involving these Terms, whether arising in contract, tort, or otherwise.
2. Any suit must be brought exclusively in Florida, county of Miami-Dade, and Customer and Provider hereby waive any jurisdictional rights they might otherwise have.
3. Should any conflict or litigation arise between Provider or Customer and Southern Companies regarding these Terms or the services provided hereunder, the prevailing party shall be awarded reasonable attorneys’ fees and court costs.
4. Southern Companies’ rights and remedies under these Terms shall be cumulative, and its pursuit of any such right or remedy will not preclude it from pursuing any other available right or remedy.
5. IN ENGAGING SOUTHERN COMPANIES FOR ANY SERVICES, CUSTOMER AND PROVIDER ARE SUBJECT TO SOUTHERN COMPANIES’ TERMS CONTAINED HEREIN.