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16-2022-CC-015554-XXXX-MA Div: CC-F
Filing # 160916110 E-Filed 11/09/2022 07:21:28 AM
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
MODE TRANSPORTATION, LLC,
a Delaware Limited Liability Company,
Plaintiff,
Vv.
STAPLETON-SPENCE PACKING CO.,
a California Corporation,
Defendant.
COMPLAINT
Plaintiff, MODE TRANSPORTATION, LLC, (hereinafter “MODE”), by and through its
undersigned counsel, hereby sues Defendant, Stapleton-Spence Packing Co., (hereinafter
“Defendant”), and alleges:
JURISDICTION AND PARTIES
1 This is an action for damages less than Thirty Thousand and No/100 Dollars
($30,000.00), exclusive of interest and costs.
2 MODE operates as a transportation broker (MC No.: 223021) acting under the
authority of Title 49 of the United States Code providing or arranging the interstate transportation of
freight on behalf of customers and shippers.
3 MODE is a Delaware Limited Liability Company with principal offices located at
14785 Preston Road, Suite 850, Dallas, TX 75254.
4. Defendant is a California Corporation with principal offices located at 1900 Highway
99 N, Gridley, CA 95948.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/09/2022 04:48:12 PM
5 By conducting business with MODE Defendant is subject to the jurisdiction of this
Court by the Terms and Conditions of Service as referenced in delinquent invoices attached hereto as
Exhibit “A”.
6. Specifically, Defendant agreed under section 9.d. “...Lawsuits shall be filed and
litigated exclusively in the state or federal courts located in Duval County, Florida, and the Parties
hereby consent to jurisdiction in these courts and agree that venue is proper exclusively in these
courts.”. A true and correct copy of MODE’s Terms and Conditions of Service is attached hereto as
Exhibit “B”
7 The Statute of Florida has long arm jurisdiction over the Defendant pursuant to
§48.193, Fla. Stat. (2016) and the venue for this action lies in the State of Florida, Duval County.
COUNT I- OPEN ACCOUNT
8 MODE incorporates by reference and re-alleges paragraphs 1-7 as if fully stated herein.
9 This is an action to recover unpaid freight transportation charges represented by the
invoices in Exhibit “A” all of which is due and payable for services performed at the request of
Defendant.
10. MODE arranged for the transportation of freight per the Defendant’s request.
11. The invoices provided in Exhibit “A” are past due and delinquent, the Defendant
having failed and refused to pay MODE when due under the terms of invoicing.
12. MODE has been damaged as the result of Defendant’s failure and refusal to pay in the
total amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED FIFTY AND 00/100
DOLLARS).
13. The transportation services sued upon in this action have been completed, and there are
no conditions precedent to MODE’s entitlement to be paid for services rendered.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in
2
the following amounts:
A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED
FIFTY AND 00/100 DOLLARS);
Accruing prejudgment interest at the agreed rate;
Post judgment interest at the agreed rate;
Reasonable court costs and fees; and
Any other just or equitable remedies this Court deems appropriate.
COUNT II - ACCOUNT STATED
14. MODE incorporates by reference and re-alleges paragraphs 1-13 as if fully stated
herein.
15. Before commencement of this action, MODE and Defendant had business transactions
between and agreed to the resulting balance reflected in the invoices in Exhibit “A”.
16. MODE rendered the invoices in Exhibit “A” to Defendant and Defendant did not
object nor did Defendant pay said invoices.
17. As a direct result, MODE has been damaged.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in
the following amounts:
A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED
FIFTY AND 00/100 DOLLARS);
Accruing prejudgment interest at the agreed rate;
Post judgment interest at the agreed rate;
Any other just or equitable remedies this Court deems appropriate.
COUNT Til - UNJUST ENRICHMENT
18 MODE incorporates and re-alleges paragraphs 1-17 as if fully stated herein.
3
19. MODE has conferred a benefit to Defendant, in the form of freight transportation.
20. Defendant has accepted and retained the benefits of freight transportation from MODE.
21. Defendant has failed to pay MODE the reasonable value of the benefit provided as
stated in the invoices attached to Exhibit “A”.
22. Under these circumstances, it would be inequitable for Defendant to continue to retain
said benefit without paying MODE for the value of freight transportation.
23. Defendant has been unjustly enriched by its actions and at the expense of MODE.
24. MODE is entitled to damages due to this unjust enrichment, including but not limited
to payment for the full value of services rendered as stated in Exhibit “A”.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in
the following amounts:
A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED
FIFTY AND 00/100 DOLLARS);
B Accruing prejudgment interest at the agreed rate;
Cc Post judgment interest at the agreed rate;
D. Any other just or equitable remedies this Court deems appropriate.
Dated this 9" day of November, 2022.
/s/ Pamela Simmons, Esq
Pamela Simmons, Esquire
Florida Bar No.: 389269
4500 Salisbury Road, Suite 305
Jacksonville, Florida 32216
Telephone No.: (888) 301-7720
Facsimile No.: (904) 212-2316
Primary: Pamela.Simmons@modeglobal.com
Secondary: Heather.Sudo@modeglobal.com
Attorney for Plaintiff; MODE Transportation, LLC
Customer Customer Open
Customer Name Active Date Ship Date
Invoice Reference Balance
STAPLETON-SPENCE PACKING CO 7291187902 2155 4/30/2021 4/15/2021 | $3,900.00
STAPLETON-SPENCE PACKING CO 7291181561 $0005866 5/6/2021 3/23/2021 | $ 4,000.00
STAPLETON-SPENCE PACKING CO 7291205488 2163 6/25/2021 6/8/2021 $_ 6,950.00
STAPLETON-SPENCE PACKING CO 7291211639 PO-002169| 7/9/2021 6/28/2021 | $ 5,300.00
TOTAL $ 20,150.00
EXHIBIT "A"
MODE TRANSPORTATION
SCAC: MTLE
MC#: 223021
Invoice Type: Duplicate
INVOICE NUMBER: 7291181561 INVOICE DATE: 2021-05-06
REMIT TO PAYMENT
MODE Transportation LLC PPD/ COL: PPD
PO Box 654371 Payment Amount Due: $4000.00 USD
Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date
Phone: 800-592-7449
BILLTO 939272_3251_248
STAPLETON-SPENCE PACKING CO
1900 HWY 99
GRIDLEY, CA 95948
SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous
STAPLETON'S GEODIS 23-Mar-21 02-Apr-21 2093.0 N
1900 HWY 99 187 KOHLMAN RD
GRIDLEY, CA 95948 FOND DU LAC, WI 54937
Transport Mode: Intermodal Services:
INVOICE LINE ITEMS:
Charge Type Description Charge QTy Amount
ITEM Total Line Haul
I Flat Rate 4000.00
Total Amount Due: $4000.00 USD
Reference Numbers:
CUSTOMER REFERENCE NUMBER S0005866 PRO 7291181561,
7291181561-2,
7291181561-1
PO Number 002080 Bill To 939272
Equipment # UMXU635699
STOP DETAIL EQUIPMENT NUMBERS
seq# Activity Location Initial / Number Type
41 P STAPLETON'S UMXU635699 53FT CONTAINER (53CTR)
GRIDLEY, CA
2 D GEODIS
FOND DU LAC, WI
ITEMS SHIPPED:
CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT
0.0 FAK MISC. 1 PCS 42700
Total Pieces and Weight: 1 42700
INVOICE COMMENTS:
ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT :
HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS.
SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU.
IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT
BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN
REGARDING THE SUBJECT MATTER THEREIN.
page 1 of 1
MODE TRANSPORTATION
SCAC: MTLE
MC#: 223021
Invoice Type: Corrected
INVOICE NUMBER: 7291187902 INVOICE DATE: 2021-04-29
REMIT TO PAYMENT
MODE Transportation LLC PPD/ COL: PPD
PO Box 654371 Payment Amount Due: $3900.00 USD
Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date
Phone: 800-592-7449
BILLTO 939272_3251_248
STAPLETON-SPENCE PACKING CO
1900 HWY 99
GRIDLEY, CA 95948
SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous
STAPLETON'S GEODIS 15-Apr-21 27-Apr-21 2093.0 N
1900 HWY 99 187 KOHLMAN RD
GRIDLEY, CA 95948 FOND DU LAC, WI 54937
Transport Mode: Intermodal Services:
INVOICE LINE ITEMS:
Charge Type Description Charge QTy Amount
ITEM Total Line Haul
I Flat Rate 3900.00
Total Amount Due: $3900.00 USD
Reference Numbers:
CUSTOMER REFERENCE NUMBER = S0006053, 002155 PRO 7291187902,
7291187902-2,
7291187902-1
Bill To 939272 Equipment # EMHU634843
STOP DETAIL EQUIPMENT NUMBERS
seq# Activity Location Initial / Number Type
1 P STAPLETON'S EMHU634843 53FT CONTAINER (53CTR)
GRIDLEY, CA
2 D GEODIS
FOND DU LAC, WI
ITEMS SHIPPED:
CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT
0.0 FAK MISC. 1PCS 42700
Total Pieces and Weight: 1 42700
INVOICE COMMENTS:
Autopay cost update
ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT :
HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS.
SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU.
IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT
BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN
REGARDING THE SUBJECT MATTER THEREIN.
page 1 of 1
MODE TRANSPORTATION
SCAC: MTLE
MC#: 223021
Invoice Type: Duplicate
INVOICE NUMBER: 7291205488 INVOICE DATE: 2021-06-25
REMIT TO PAYMENT
MODE Transportation LLC PPD/ COL: PPD
PO Box 654371 Payment Amount Due: $6950.00 USD
Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date
Phone: 800-592-7449
BILLTO 939272_3251_248
STAPLETON-SPENCE PACKING CO
1900 HWY 99
GRIDLEY, CA 95948
SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous
STAPLETON'S SEABOARD WAREHOUSE, 08-Jun-21 21-Jun-21 3168.2 N
1900 HWY 99 TERMINALS
Gridley, CA 95948 3455 NW 54 STREET
MIAMI, FL 33142
Transport Mode: Intermodal Services:
INVOICE LINE ITEMS:
Charge Type Description Charge Qty Amount
ITEM [Total Line Haul I Flat Rate 6950.00
Total Amount Due: $6950.00 USD
Reference Numbers:
CUSTOMER REFERENCE NUMBER 102163 PRO 7291205488,
7291205488-2,
7291205488-1
Bill To 939272 Equipment # EMHU651139
STOP DETAIL EQUIPMENT NUMBERS
seq# Activity Location Initial / Number Type
41 P STAPLETON'S EMHU651139 53FT CONTAINER (53CTR)
Gridley, CA
2 D SEABOARD WAREHOUSE TERMINALS
MIAMI, FL
ITEMS SHIPPED:
CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT
0.0 FAK FREIGHT 1 PCS 42160
Total Pieces and Weight: 1 42160
INVOICE COMMENTS:
ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT :
HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS.
SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU.
IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT
BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN
REGARDING THE SUBJECT MATTER THEREIN.
page 1 of 1
MODE TRANSPORTATION
SCAC: MTLE
MC#: 223021
Invoice Type: Duplicate
INVOICE NUMBER: 7291211639 INVOICE DATE: 2021-07-09
REMIT TO PAYMENT
MODE Transportation LLC PPD/ COL: PPD
PO Box 654371 Payment Amount Due: $5300.00 USD
Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date
Phone: 800-592-7449
BILLTO 939272_3251_248
STAPLETON-SPENCE PACKING CO
1900 HWY 99
GRIDLEY, CA 95948
SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous
STAPLETONS GEODIS 28-Jun-21 07-Jul-21 2093.0 N
1900 HWY 99 187 KOHLMAN ROAD
GRIDLEY, CA 95948 FOND DU LAC, WI 54937
Transport Mode: Intermodal Services:
INVOICE LINE ITEMS:
Charge Type Description Charge QTy Amount
ITEM Total Line Haul
I Flat Rate 5300.00
Total Amount Due: $5300.00 USD
Reference Numbers:
CUSTOMER REFERENCE NUMBER = SO-006261, PO-002169 PRO 178396,
7291211639-2,
7291211639-1
Bill To 939272 Equipment # EMHU270031
STOP DETAIL EQUIPMENT NUMBERS
seq# Activity Location Initial / Number Type
1 P STAPLETONS, EMHU270031 53FT CONTAINER (53CTR)
GRIDLEY, CA
2 D GEODIS
FOND DU LAC, WI
ITEMS SHIPPED:
CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT
0.0 FAK FREIGHT 1PCS 42000
Total Pieces and Weight: 1 42000
INVOICE COMMENTS:
ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT :
HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS.
SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU.
IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT
BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN
REGARDING THE SUBJECT MATTER THEREIN.
page 1 of 1
Last Updated: November 5, 2021
The terms contained herein apply on each shipment tendered to and accepted by MODE Global, LLC or
any of its subsidiaries (“MODE Global”) and constitute a binding agreement between MODE Global on
the one hand, and, you, the party tendering the shipment (“Shipper”), on the other hand. In
consideration of services provided by MODE Global on each shipment, Shipper hereby consents to the
terms contained herein. Said terms may not be changed except in writing signed by a duly authorized
executive employee of MODE Global. Action by Shipper in presenting a uniform bill of lading shall be null
and void and of no consequence to these Terms of Service between MODE Global and Shipper.
1. Rates, Charges and Credit: The rates and charges of MODE Global are subject to change without
notice. Payment of any MODE Global invoice must be made within 30 days of the invoice date.
Failure to meet this requirement may result in a loss of credit. Should no payment be received
within 30 days of the invoice date, interest in the amount of 1.5% per month may be assessed
commencing with the 31st day following the invoice date. Payment of MODE Global invoices
shall be in currency of the United States and Canada only, as applicable. FAILURE OF SHIPPERTO
PAY INVOICED CHARGES OF MODE GLOBAL WITHIN THE CREDIT PERIOD WILL RESULT IN A LIEN
BY MODE GLOBAL ON EXISTING AND FUTURE SHIPMENTS, INCLUDING THE COST OF STORAGE,
DETENTION AND APPROPRIATE SECURITY FOR THE HELD SHIPMENT. IF SHIPPER FAILSTO PAY
THE FULL AMOUNT OF THE UNPAID CHARGES WITHIN 10 DAYS OF THE NOTICE OF EXERCISE OF
SUCH LIEN, MODE GLOBAL MAY SELL THE FREIGHT SUBJECT TO THE LIEN AT A PUBLIC OR
PRIVATE AUCTION UPON 15 DAYS’ NOTICE TO THE SHIPPER OF THE TIME, PLACE AND DATE OF
SUCH AUCTION. Shipper guarantees all freight charges including those which move on a freight
collect basis. If an account has to be placed in the hands of an attorney or collection agency for
collection, Shipper is liable for payment of all collection, attorney and court costs associated
with the collection effort which will be added to the balance owed.
Freight Charge Collect and C.O.D. Shipments. Shipper directing a freight charge collect
shipment shall guarantee the prompt payment of all charges accruing on such collect shipments.
Terms contained herein regarding freight charge collect shipments shall supersede any other
document. Action by Shipper in presenting a uniform bill of lading and signing section 7 therein
shall be null and void. MODE Global will not handle “C.0.D.” shipments and shall not be
responsible for the collection of any funds from the consignee to be transmitted back to
Shipper.
Cargo Loss or Damage. All MODE Global operating entities are transportation property brokers
and are not motor carriers; provided, however, if MODE Global in its sole discretion determines
that a cargo loss or damage claim filed by Shipper is valid, then MODE Global may advance
payment of the cargo claim in accordance with the following criteria and limits:
a For motor, intermodal or rail shipments wholly within the United States (“U.S. Shipments”),
MODE Global’s payment of a cargo loss or damage claim is subject to the provisions of 49
U.S.C. § 14706, 49 C.F.R. Part 370 (over-the-road shipments), and Part 1005 (rail shipments),
and is further subject to a maximum of one hundred thousand U.S. dollars ($100,000) for
EXHIBIT "B"
any single trailer or container and ten thousand U.S. dollars ($10,000) for any less-than-
truckload shipment.
For motor, intermodal and rail shipments wholly within Canada or between the United
States and Canada (“Canadian Shipments”), MODE Global’s payment of a cargo loss or
damage claim is subject to all defenses and immunities available to the underlying carrier
arising by operation of law, contract or otherwise, and is further subject to a maximum of
the lesser of i) the value of the goods at the place and time of shipment, including the
freight and other charges if paid, ii) two Canadian dollars ($2.00 (CDN) per pound computed
on the total weight of the lost or damaged portion of the shipment, iii) where the goods are
carried by rail, any applicable rail carrier limitation of liability as prescribed in a Rail Circular
(as defined in Section 3 (g) below), tariff, confidential rate contract or similar document, or
iv) one hundred thousand Canadian dollars ($100,000 CDN).
MODE Global is licensed as an Ocean Transportation Intermediary (OTI) by the Federal
Maritime Commission (FMC) to provide export ocean freight forwarding services and
international non-vessel operating common carrier (NVOCC) services. MODE Global’s
liability for loss or damage to cargo for international ocean transportation services is as
follows:
1. When providing international ocean services as a common carrier through a U.S.
port, MODE Global is operating as a NVOCC pursuant to its FMC OTI
license. MODE Global provides said NVOCC services pursuant to its NVOCC
tariffs and bill of lading terms and conditions, which are published at
http//www.dmstradeservices.com and are available for review upon Shipper’s
request, and MODE Global’s liability for the loss and damage of cargo is limited
to five hundred U.S. dollars ($500) per package or customary freight unit
pursuant to the U.S. Carriage of Goods by Sea Act (COGSA).
When providing international ocean services as a common carrier NVOCC on
shipments not moving through a U.S. port, MODE Global’s liability shall be
determined pursuant to the terms and conditions of its NVOCC bill of lading that
MODE Global has issued for the shipment, including, but not limited to the
limitations of liability contained therein.
On all international ocean transportation shipments where MODE Global is not
acting as a NVOCC and has not issued a NVOCC bill of lading, the Shipper’s
recourse for loss or damage claims to its shipments shall be against the ocean
common carrier or NVOCC that handled the shipment and shall be subject to
the terms and conditions, tariffs and bills of lading of those carriers, including,
but not limited to, any limitations of liability contained therein. Any and all
liability of MODE Global to Shipper for claims for such international ocean
shipments shall be limited to fifty U.S dollars ($50) per shipment.
Notwithstanding any other provision of these Terms of Service, and except as
required by mandatory statute which cannot be waived, if Shipper has cargo
insurance coverage to cover loss or damage to its shipment, then MODE Global
shall have no liability whatsoever, or obligation to advance payment, for a cargo
loss or damage claim. Shipper’s recourse for recovery on any loss or damage to
its shipment shall be through the insurance company and not MODE Global.
When arranging U.S. domestic or international air services, MODE Global does not act as an
indirect air carrier but will instead arrange for the shipment to be handled by an indirect air
‘arrier. MODE Global’s liability for any claims involving domestic or international air
shipments shall be limited to fifty U.S. dollars ($50) per shipment. All U.S. domestic air
shipments, meaning shipments that originate in, and are destined to, points in the United
States or any territory, possession or commonwealth of the United States, shall be subject
to the terms and conditions of the applicable tariffs and U.S. domestic air waybill of the
indirect air carrier or air carrier. All international air shipments shall be subject to the terms
and conditions of the indirect air carrier or air carrier’s international air waybill and tariffs
governing the provisions of such services.
In addition to the terms otherwise stated herein, the following terms also apply to Frozen,
Refrigerated, Temperature Controlled and Mixed shipments:
1 “Frozen” means when products are shipped frozen and so stated on the bill of
lading by Shipper. “Refrigerated” means when products are shipped
refrigerated and so stated on the bill of lading by Shipper. “Temperature
Controlled” means when products are shipped temperature controlled and so
stated on the bill of lading by Shipper. “Mixed” means when products are
shipped in mixed shipments of Frozen, Refrigerated or Temperature Controlled
and so stated on the bill of lading by Shipper. While in the underlying carrier’s
custody and control, Frozen shipments will be transported at an equipment air
temperature of 0 — 32 degrees Fahrenheit, Refrigerated shipments will be
transported at an equipment air temperature of 33 — 45 degrees Fahrenheit,
Temperature Controlled shipments will be transported at an equipment air
temperature of 46-70 degrees Fahrenheit and Mixed shipments will be
transported at the respective equipment air temperatures described above
relative to the products shipped. Notwithstanding the temperature of the
product at the time of acceptance by the underlying carrier, MODE Global and
the underlying carrier shall only be responsible for maintaining the respective
equipment air temperatures set forth above for Frozen, Refrigerated,
Temperature Controlled or Mixed shipments, subject to any different
temperature range set forth in Special Requirements (as defined in Section 9(a)
below).
MODE Global will not be liable for any cargo loss or damage involving Frozen
shipments, unless (i) actual physical loss or damage to the cargo is established,
and (ii) such actual physical loss or damage is due to an equipment mechanical
failure that lasted in excess of twelve (12) consecutive hours.
When perishable cargo is delivered to the consignee, the consignee must check
the cargo to determine quantity being received and condition by close, careful
observation. If cargo shortage or damage is found to exist, then a notation
applicable to the discrepancy will be so noted by the consignee on the
underlying carrier’s copy of the delivery receipt. When offering a shipment for
delivery, if any portion of the shipment bears any indication of having been
pilfered, a joint inventory of contents shall be made by the underlying carrier’s
driver and consignee, and the results of inventory so noted on the underlying
carrier’s copy of the delivery receipt.
IN NO EVENT SHALL MODE GLOBAL BE LIABLE FOR ANY LOSS OR DAMAGE IF OR WHEN A
SHIPMENT IS IN MEXICO. IN NO EVENT SHALL MODE GLOBAL BE LIABLE FOR LOST PROFIT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND.
All intermodal or rail shipments shall also be subject to the terms and conditions set forth in
the applicable published intermodal circulars and directories of the rail carriers (“Rail
Circulars”). Shipper is responsible to block and brace any intermodal or rail shipments
according to the AAR (Association of American Railroad) guidelines; provided that for
shipments wholly within Canada, Shipper is responsible to block and brace any such
shipment as required by the applicable Canadian rail carrier.
The measure of loss or damage to freight hereunder shall be Shipper’s replacement value
applicable to the kind and quantity of the commodities in question, less salvage value.
Claims or lawsuits for less than $100 shall not be filed and no claims shall be paid if the
amount of the loss or damage is found to be less than $100.
Shipments are accepted as Shipper’s load, count and seal. MODE Global shall have no
liability whatsoever for cargo loss or damage (i) for shipments delivered with the seal intact
or (ii) in the absence of evidence of actual physical cargo loss or damage. A variation in air
equipment temperature for Frozen, Refrigerated, Temperature Controlled or Mixed
shipments or a broken or damaged seal does not by itself constitute actual physical cargo
loss or damage. MODE Global is not liable for the payment of any claim for cargo loss or
damage when products transported in dry equipment freeze or overheat. No offsets from
open invoices due MODE Global will be allowed as settlement for cargo loss and damage
claims. Shipper has an obligation to mitigate its cargo loss and damage.
The failure of Shipper to first notify MODE Global within the shorter of (a) as soon as
commercially practical when Shipper becomes aware of cargo damage or loss (or within 5
days of delivery for concealed damages or within 24 hours from the time of delivery in the
case of perishable commodities) or (b) within the time frame required by the underlying
carrier, may, at MODE Global’s discretion, result in the claim being denied. To report cargo
loss or damage claims contact 901-930-7500 or claims@modetransportation.com.
The time period for filing a claim for cargo loss or damage is as follows:
1. Cargo loss or damage claims involving U.S. Shipments must be filed by Shipper
with MODE Global within nine (9) months from the date of delivery (or of the
date of anticipated delivery in the event of non-delivery) and claims filed after
such nine (9) month period are not valid, subject to any shorter claim filing
period required by the underlying carrier.
Cargo loss or damage claims involving Canadian Shipments must be filed within
the earlier of (a) four (4) months of the date of delivery (or of the date of
anticipated delivery in the event of nondelivery) of a rail or intermodal shipment
or any such deadline set forth in the applicable underlying carrier’s tariff, issued
bill of lading or transport document, or (b) sixty (60) days of the date of delivery
(or of the date of anticipated delivery in the event of non-delivery) for
shipments involving motor carriage or, in the case of intermodal shipments,
where the cargo loss or damage occurs while the shipment is in the custody and
control of the motor carrier.
Cargo loss or damage claims involving air transport must be filed within the
shorter of (a) the time period required by the underlying carriers in their air
waybills, tariffs and terms and conditions or (b) one hundred and eighty (180)
days of the event giving rise to the claim, or in the case of concealed damage or
delay, within thirteen (13) days of delivery or the date of scheduled delivery.
Cargo loss or damage claims involving international ocean transport shipments
must be filed at the time and place of delivery or, in the case of concealed
damage, within two (2) consecutive days thereafter.
All cargo loss or damage claims must be in writing and contain sufficient
information to process the claim, including but not limited to, any and all
information required by the underlying carrier in its terms and conditions,
tariffs, bills of lading, and claims processing documents.
Any legal action for cargo loss or damage against MODE Global not arising out of
air or ocean transportation must be instituted by Shipper against MODE Global
within two (2) years from the first disallowance of the cargo claim by MODE
Global or the underlying carrier, or the time limits set forth in the underlying
carrier’s bill of lading, terms and conditions, and other governing documents,
whichever time period is shorter.
Any legal action for cargo loss or damage against MODE Global arising out of
ocean transportation must be instituted within the shorter time period of either
(a) the time set forth in the underlying carrier’s tariff, bills of lading or terms and
conditions or (b) eleven (11) months of the date of shipment.
Any legal action for cargo loss or damage against MODE Global arising out of air
transportation must be instituted within the shorter time period of either (a)
the time limit set forth in the air carrier’s tariffs, air waybills or terms and
conditions or (b) two (2) years from the initial date of shipment.
The rates provided to Shipper in connection with these terms are predicated on the
underlying carriers selected by MODE Global being tendered freight released for cargo loss
or damage at an amount not in excess of those amounts set forth in this Section 3. Shipper
acknowledges that MODE Global has made available to Shipper the opportunity to pay a
higher rate and thereby obtain greater levels of liability offered by MODE Global or the
underlying carrier for cargo loss or damage. In the absence of the Shipper availing itself of
that opportunity by entering into a written contract establishing a higher value signed by
Shipper and a duly authorized executive of MODE Global, Shipper releases its shipments to
the underlying carriers selected by MODE Global at the released values stated in this Section
3.
4. Accessorial Charges, Regulations and Penalties. MODE Global and its underlying carriers have
rules and charges respecting accessorial matters such as detention and storage which are
available for review at Shipper’s request. MODE Global shall not be responsible for the failure of
Shipper to know such accessorial charges or rules. Unless accessorial charges have been caused
by the sole act of MODE Global, Shipper shall be responsible for any such accessorial charges.
Warehousing Terms and Conditions. In the event MODE Global is directed by the Shipper to
place any shipment in storage, or in the event MODE Global places such shipment in storage as a
result of the Shipper’s failure to pay MODE Global’s billed charges in accordance with Section 1
herein, or as a result of Shipper’s consignee refusing to accept delivery of the shipment, then
SHIPPER GRANTS TO MODE GLOBALA LIEN ON ALL SHIPMENTS SO HELD, SUCH LIEN TO BE
NOTICED, EXERCISED AND DISCHARGED IN THE SAME MANNER AS IS APPLICABLE TO THE LIEN
DESCRIBED IN SECTION 1 HEREIN. Shipper agrees to release any shipment placed in storage as
described to a value of $0.10 per pound, with such released value taking precedence over any
other value or measure of loss stated elsewhere herein and MODE Global’s liability for loss or
damage to all shipments so held shall be limited to $0.10 per pound.
6. Restricted & Prohibited Commodities; Hazardous Material; Government Laws & Regulations.
a In addition to restricted commodities in the Rail Circulars, tariffs, and other governing
documents of the underlying carriers, Shipper shall declare the following restricted
commodities: automobiles and motorcycles; machinery; steel sheets, bars, pipes and coils;
animal hides; chocolates and confectionery; alcoholic beverages (excluding beverages in
bottles or cans); glass, glass products and other fragile goods; musical instruments,
including, but not limited to pianos; frozen foods and boats (new and used).
In addition to prohibited commodities in the Rail Circulars, tariffs, and other governing
documents of the underlying carriers, Shipper shall not tender to MODE Global shipments
containing any of the following: mobile phones (to include parts of mobile phones such as,
but not limited to circuit boards and memory cards); all circuit boards; valuable papers of
any kind (including, but not limited to accounts, bills, documents, deeds, notes, securities,
evidence of debt, letters of credit, tickets, passports, mechanical drawings or manuscripts);
money, currency, bullion, gold, silver and other precious metals, diamonds, precious or
semi-precious stones; furs or furtrimmed garments; fine arts; live animals; used equipment
or machinery; tobacco or tobacco products; contraband property in the course of illegal
transportation or trade; household goods and personal effects; fresh fish and seafood, fresh
cut flowers or plants that have been removed from the root, and ice-cream products.
Shipper is responsible to declare any shipment that contains a hazardous material or
dangerous good and ensure such shipments comply with all government laws, rules,
ordinances or regulations, including, but not limited to, USDOT hazardous material
regulations. Shipper shall be solely responsible for complying with all other government
laws, rules, regulations or ordinances, including, but not limited to U.S. Department of
Transportation regulations applicable to a shipper of goods.
If Shipper fails to comply with any of Section 6(a) — (c) above or otherwise fails to comply
with the requirements of Shipper under these terms, MODE Global shall have no liability for
any resulting loss or damage regardless of the cause of such loss or damage and Shipper
shall be responsible to indemnify, defend and hold harmless MODE Global and its affiliates,
subsidiaries and parent for any costs, fines, penalties, losses or damages made against or
incurred by MODE Global associated with Shipper’s failure to so comply, including, but not
limited to environmental clean-up costs, legal costs (including attorney’s fees) , fines, and
penalties.
7. Exclusions: MODE Global will have no liability whatsoever for damage to or loss of cargo directly
or indirectly caused by the following: nuclear activity (meaning nuclear reaction, nuclear
radiation or radioactive contamination whether deliberate or accidental, controlled or
uncontrolled or whether it contributed to or aggravated a covered loss or damage); terrorism;
hidden or latent defects; asbestos (including loss or clean up caused by or resulting from
asbestos or asbestos containing material); the presence, release, discharge or dispersal of
pollutants; leakage, evaporation or shrinkage; breakage of glass or similar fragile property
related to panes of glass; property being scented, discolored, soured or changed in flavor;
normal wear and tear or cosmetic denting, marring or scratching to packaging; insufficient or
unsuitable packaging material or preparation of goods being shipped; voluntary parting of the
cargo whether by fraudulent scheme, trick, device or false pretense or for any event of force
majeure, including, but not limited to flood, earthquake, storm and other Acts of God, fire,
derailment, accident, strike, lockout, explosion, war, insurrection, riot, embargo, act of
government or governmental agency or any cause that is beyond the control of MODE Global or
the underlying carrier.
Transportation of Food: In addition to the terms otherwise stated herein, the following terms
also apply to any shipment of food or dietary supplement intended for human or animal
consumption and all raw materials and ingredients thereof covered under the Sanitary
Transportation of Human and Animal Food rule issued under the Food Safety Modernization
Act, currently codified at 21 USC 2201 (Chapter 27) and the Food, Drug & Cosmetic Act,
currently codified at 21 USC 2201 (Chapter 9) (referred to as “FSMA”) (each a “Food
Shipment”).
a Shipper must provide MODE Global written notice at the time of tender if a shipment is a
Food Shipment, and include any specifications for transporting or handling the Food
Shipment, which specifications will be effective upon written acceptance by MODE Global
executed by a duly authorized representative of MODE Global (“Special Instructions”). As
between the parties, Shipper is solely responsible for identifying any Special Instructions and
MODE Global shall have no such obli
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16-2022-CC-015554-XXXX-MA Div: CC-F Filing # 160916110 E-Filed 11/09/2022 07:21:28 AM IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: MODE TRANSPORTATION, LLC, a Delaware Limited Liability Company, Plaintiff, Vv. STAPLETON-SPENCE PACKING CO., a California Corporation, Defendant. COMPLAINT Plaintiff, MODE TRANSPORTATION, LLC, (hereinafter “MODE”), by and through its undersigned counsel, hereby sues Defendant, Stapleton-Spence Packing Co., (hereinafter “Defendant”), and alleges: JURISDICTION AND PARTIES 1 This is an action for damages less than Thirty Thousand and No/100 Dollars ($30,000.00), exclusive of interest and costs. 2 MODE operates as a transportation broker (MC No.: 223021) acting under the authority of Title 49 of the United States Code providing or arranging the interstate transportation of freight on behalf of customers and shippers. 3 MODE is a Delaware Limited Liability Company with principal offices located at 14785 Preston Road, Suite 850, Dallas, TX 75254. 4. Defendant is a California Corporation with principal offices located at 1900 Highway 99 N, Gridley, CA 95948. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/09/2022 04:48:12 PM 5 By conducting business with MODE Defendant is subject to the jurisdiction of this Court by the Terms and Conditions of Service as referenced in delinquent invoices attached hereto as Exhibit “A”. 6. Specifically, Defendant agreed under section 9.d. “...Lawsuits shall be filed and litigated exclusively in the state or federal courts located in Duval County, Florida, and the Parties hereby consent to jurisdiction in these courts and agree that venue is proper exclusively in these courts.”. A true and correct copy of MODE’s Terms and Conditions of Service is attached hereto as Exhibit “B” 7 The Statute of Florida has long arm jurisdiction over the Defendant pursuant to §48.193, Fla. Stat. (2016) and the venue for this action lies in the State of Florida, Duval County. COUNT I- OPEN ACCOUNT 8 MODE incorporates by reference and re-alleges paragraphs 1-7 as if fully stated herein. 9 This is an action to recover unpaid freight transportation charges represented by the invoices in Exhibit “A” all of which is due and payable for services performed at the request of Defendant. 10. MODE arranged for the transportation of freight per the Defendant’s request. 11. The invoices provided in Exhibit “A” are past due and delinquent, the Defendant having failed and refused to pay MODE when due under the terms of invoicing. 12. MODE has been damaged as the result of Defendant’s failure and refusal to pay in the total amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS). 13. The transportation services sued upon in this action have been completed, and there are no conditions precedent to MODE’s entitlement to be paid for services rendered. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in 2 the following amounts: A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS); Accruing prejudgment interest at the agreed rate; Post judgment interest at the agreed rate; Reasonable court costs and fees; and Any other just or equitable remedies this Court deems appropriate. COUNT II - ACCOUNT STATED 14. MODE incorporates by reference and re-alleges paragraphs 1-13 as if fully stated herein. 15. Before commencement of this action, MODE and Defendant had business transactions between and agreed to the resulting balance reflected in the invoices in Exhibit “A”. 16. MODE rendered the invoices in Exhibit “A” to Defendant and Defendant did not object nor did Defendant pay said invoices. 17. As a direct result, MODE has been damaged. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in the following amounts: A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS); Accruing prejudgment interest at the agreed rate; Post judgment interest at the agreed rate; Any other just or equitable remedies this Court deems appropriate. COUNT Til - UNJUST ENRICHMENT 18 MODE incorporates and re-alleges paragraphs 1-17 as if fully stated herein. 3 19. MODE has conferred a benefit to Defendant, in the form of freight transportation. 20. Defendant has accepted and retained the benefits of freight transportation from MODE. 21. Defendant has failed to pay MODE the reasonable value of the benefit provided as stated in the invoices attached to Exhibit “A”. 22. Under these circumstances, it would be inequitable for Defendant to continue to retain said benefit without paying MODE for the value of freight transportation. 23. Defendant has been unjustly enriched by its actions and at the expense of MODE. 24. MODE is entitled to damages due to this unjust enrichment, including but not limited to payment for the full value of services rendered as stated in Exhibit “A”. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in the following amounts: A Principal in the amount of $20,150.00 (TWENTY THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS); B Accruing prejudgment interest at the agreed rate; Cc Post judgment interest at the agreed rate; D. Any other just or equitable remedies this Court deems appropriate. Dated this 9" day of November, 2022. /s/ Pamela Simmons, Esq Pamela Simmons, Esquire Florida Bar No.: 389269 4500 Salisbury Road, Suite 305 Jacksonville, Florida 32216 Telephone No.: (888) 301-7720 Facsimile No.: (904) 212-2316 Primary: Pamela.Simmons@modeglobal.com Secondary: Heather.Sudo@modeglobal.com Attorney for Plaintiff; MODE Transportation, LLC Customer Customer Open Customer Name Active Date Ship Date Invoice Reference Balance STAPLETON-SPENCE PACKING CO 7291187902 2155 4/30/2021 4/15/2021 | $3,900.00 STAPLETON-SPENCE PACKING CO 7291181561 $0005866 5/6/2021 3/23/2021 | $ 4,000.00 STAPLETON-SPENCE PACKING CO 7291205488 2163 6/25/2021 6/8/2021 $_ 6,950.00 STAPLETON-SPENCE PACKING CO 7291211639 PO-002169| 7/9/2021 6/28/2021 | $ 5,300.00 TOTAL $ 20,150.00 EXHIBIT "A" MODE TRANSPORTATION SCAC: MTLE MC#: 223021 Invoice Type: Duplicate INVOICE NUMBER: 7291181561 INVOICE DATE: 2021-05-06 REMIT TO PAYMENT MODE Transportation LLC PPD/ COL: PPD PO Box 654371 Payment Amount Due: $4000.00 USD Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date Phone: 800-592-7449 BILLTO 939272_3251_248 STAPLETON-SPENCE PACKING CO 1900 HWY 99 GRIDLEY, CA 95948 SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous STAPLETON'S GEODIS 23-Mar-21 02-Apr-21 2093.0 N 1900 HWY 99 187 KOHLMAN RD GRIDLEY, CA 95948 FOND DU LAC, WI 54937 Transport Mode: Intermodal Services: INVOICE LINE ITEMS: Charge Type Description Charge QTy Amount ITEM Total Line Haul I Flat Rate 4000.00 Total Amount Due: $4000.00 USD Reference Numbers: CUSTOMER REFERENCE NUMBER S0005866 PRO 7291181561, 7291181561-2, 7291181561-1 PO Number 002080 Bill To 939272 Equipment # UMXU635699 STOP DETAIL EQUIPMENT NUMBERS seq# Activity Location Initial / Number Type 41 P STAPLETON'S UMXU635699 53FT CONTAINER (53CTR) GRIDLEY, CA 2 D GEODIS FOND DU LAC, WI ITEMS SHIPPED: CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT 0.0 FAK MISC. 1 PCS 42700 Total Pieces and Weight: 1 42700 INVOICE COMMENTS: ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT : HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS. SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN REGARDING THE SUBJECT MATTER THEREIN. page 1 of 1 MODE TRANSPORTATION SCAC: MTLE MC#: 223021 Invoice Type: Corrected INVOICE NUMBER: 7291187902 INVOICE DATE: 2021-04-29 REMIT TO PAYMENT MODE Transportation LLC PPD/ COL: PPD PO Box 654371 Payment Amount Due: $3900.00 USD Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date Phone: 800-592-7449 BILLTO 939272_3251_248 STAPLETON-SPENCE PACKING CO 1900 HWY 99 GRIDLEY, CA 95948 SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous STAPLETON'S GEODIS 15-Apr-21 27-Apr-21 2093.0 N 1900 HWY 99 187 KOHLMAN RD GRIDLEY, CA 95948 FOND DU LAC, WI 54937 Transport Mode: Intermodal Services: INVOICE LINE ITEMS: Charge Type Description Charge QTy Amount ITEM Total Line Haul I Flat Rate 3900.00 Total Amount Due: $3900.00 USD Reference Numbers: CUSTOMER REFERENCE NUMBER = S0006053, 002155 PRO 7291187902, 7291187902-2, 7291187902-1 Bill To 939272 Equipment # EMHU634843 STOP DETAIL EQUIPMENT NUMBERS seq# Activity Location Initial / Number Type 1 P STAPLETON'S EMHU634843 53FT CONTAINER (53CTR) GRIDLEY, CA 2 D GEODIS FOND DU LAC, WI ITEMS SHIPPED: CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT 0.0 FAK MISC. 1PCS 42700 Total Pieces and Weight: 1 42700 INVOICE COMMENTS: Autopay cost update ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT : HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS. SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN REGARDING THE SUBJECT MATTER THEREIN. page 1 of 1 MODE TRANSPORTATION SCAC: MTLE MC#: 223021 Invoice Type: Duplicate INVOICE NUMBER: 7291205488 INVOICE DATE: 2021-06-25 REMIT TO PAYMENT MODE Transportation LLC PPD/ COL: PPD PO Box 654371 Payment Amount Due: $6950.00 USD Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date Phone: 800-592-7449 BILLTO 939272_3251_248 STAPLETON-SPENCE PACKING CO 1900 HWY 99 GRIDLEY, CA 95948 SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous STAPLETON'S SEABOARD WAREHOUSE, 08-Jun-21 21-Jun-21 3168.2 N 1900 HWY 99 TERMINALS Gridley, CA 95948 3455 NW 54 STREET MIAMI, FL 33142 Transport Mode: Intermodal Services: INVOICE LINE ITEMS: Charge Type Description Charge Qty Amount ITEM [Total Line Haul I Flat Rate 6950.00 Total Amount Due: $6950.00 USD Reference Numbers: CUSTOMER REFERENCE NUMBER 102163 PRO 7291205488, 7291205488-2, 7291205488-1 Bill To 939272 Equipment # EMHU651139 STOP DETAIL EQUIPMENT NUMBERS seq# Activity Location Initial / Number Type 41 P STAPLETON'S EMHU651139 53FT CONTAINER (53CTR) Gridley, CA 2 D SEABOARD WAREHOUSE TERMINALS MIAMI, FL ITEMS SHIPPED: CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT 0.0 FAK FREIGHT 1 PCS 42160 Total Pieces and Weight: 1 42160 INVOICE COMMENTS: ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT : HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS. SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN REGARDING THE SUBJECT MATTER THEREIN. page 1 of 1 MODE TRANSPORTATION SCAC: MTLE MC#: 223021 Invoice Type: Duplicate INVOICE NUMBER: 7291211639 INVOICE DATE: 2021-07-09 REMIT TO PAYMENT MODE Transportation LLC PPD/ COL: PPD PO Box 654371 Payment Amount Due: $5300.00 USD Dallas, TX 75265-4371 Payment Terms: Net 30 days from invoice date Phone: 800-592-7449 BILLTO 939272_3251_248 STAPLETON-SPENCE PACKING CO 1900 HWY 99 GRIDLEY, CA 95948 SHIPPER CONSIGNEE Ship Date Delivery Date | Total Mileage | Hazardous STAPLETONS GEODIS 28-Jun-21 07-Jul-21 2093.0 N 1900 HWY 99 187 KOHLMAN ROAD GRIDLEY, CA 95948 FOND DU LAC, WI 54937 Transport Mode: Intermodal Services: INVOICE LINE ITEMS: Charge Type Description Charge QTy Amount ITEM Total Line Haul I Flat Rate 5300.00 Total Amount Due: $5300.00 USD Reference Numbers: CUSTOMER REFERENCE NUMBER = SO-006261, PO-002169 PRO 178396, 7291211639-2, 7291211639-1 Bill To 939272 Equipment # EMHU270031 STOP DETAIL EQUIPMENT NUMBERS seq# Activity Location Initial / Number Type 1 P STAPLETONS, EMHU270031 53FT CONTAINER (53CTR) GRIDLEY, CA 2 D GEODIS FOND DU LAC, WI ITEMS SHIPPED: CLASS: NMFC NO: COMMODITY QUANTITY WEIGHT 0.0 FAK FREIGHT 1PCS 42000 Total Pieces and Weight: 1 42000 INVOICE COMMENTS: ALL SHIPMENTS HEREUNDER ARE ALSO SUBJECT TO THE TERMS OF SERVICE LOCATED AT : HTTPS:/WWW.MODETRANSPORTATION.COM/TERMS-OF-SERVICE/ AND INCORPORATED HEREIN BY REFERENCE AS. SUCH TERMS OF SERVICE MAY BE MODIFIED FROM TIME TO TIME BY MODE TRANSPORTATION WITHOUT NOTICE TO YOU. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE TERMS OF A SEPARATE SIGNED AGREEMENT BETWEEN YOU AND MODE TRANSPORTATION, THE TERMS OF THE SEPARATE SIGNED AGREEMENT SHALL GOVERN REGARDING THE SUBJECT MATTER THEREIN. page 1 of 1 Last Updated: November 5, 2021 The terms contained herein apply on each shipment tendered to and accepted by MODE Global, LLC or any of its subsidiaries (“MODE Global”) and constitute a binding agreement between MODE Global on the one hand, and, you, the party tendering the shipment (“Shipper”), on the other hand. In consideration of services provided by MODE Global on each shipment, Shipper hereby consents to the terms contained herein. Said terms may not be changed except in writing signed by a duly authorized executive employee of MODE Global. Action by Shipper in presenting a uniform bill of lading shall be null and void and of no consequence to these Terms of Service between MODE Global and Shipper. 1. Rates, Charges and Credit: The rates and charges of MODE Global are subject to change without notice. Payment of any MODE Global invoice must be made within 30 days of the invoice date. Failure to meet this requirement may result in a loss of credit. Should no payment be received within 30 days of the invoice date, interest in the amount of 1.5% per month may be assessed commencing with the 31st day following the invoice date. Payment of MODE Global invoices shall be in currency of the United States and Canada only, as applicable. FAILURE OF SHIPPERTO PAY INVOICED CHARGES OF MODE GLOBAL WITHIN THE CREDIT PERIOD WILL RESULT IN A LIEN BY MODE GLOBAL ON EXISTING AND FUTURE SHIPMENTS, INCLUDING THE COST OF STORAGE, DETENTION AND APPROPRIATE SECURITY FOR THE HELD SHIPMENT. IF SHIPPER FAILSTO PAY THE FULL AMOUNT OF THE UNPAID CHARGES WITHIN 10 DAYS OF THE NOTICE OF EXERCISE OF SUCH LIEN, MODE GLOBAL MAY SELL THE FREIGHT SUBJECT TO THE LIEN AT A PUBLIC OR PRIVATE AUCTION UPON 15 DAYS’ NOTICE TO THE SHIPPER OF THE TIME, PLACE AND DATE OF SUCH AUCTION. Shipper guarantees all freight charges including those which move on a freight collect basis. If an account has to be placed in the hands of an attorney or collection agency for collection, Shipper is liable for payment of all collection, attorney and court costs associated with the collection effort which will be added to the balance owed. Freight Charge Collect and C.O.D. Shipments. Shipper directing a freight charge collect shipment shall guarantee the prompt payment of all charges accruing on such collect shipments. Terms contained herein regarding freight charge collect shipments shall supersede any other document. Action by Shipper in presenting a uniform bill of lading and signing section 7 therein shall be null and void. MODE Global will not handle “C.0.D.” shipments and shall not be responsible for the collection of any funds from the consignee to be transmitted back to Shipper. Cargo Loss or Damage. All MODE Global operating entities are transportation property brokers and are not motor carriers; provided, however, if MODE Global in its sole discretion determines that a cargo loss or damage claim filed by Shipper is valid, then MODE Global may advance payment of the cargo claim in accordance with the following criteria and limits: a For motor, intermodal or rail shipments wholly within the United States (“U.S. Shipments”), MODE Global’s payment of a cargo loss or damage claim is subject to the provisions of 49 U.S.C. § 14706, 49 C.F.R. Part 370 (over-the-road shipments), and Part 1005 (rail shipments), and is further subject to a maximum of one hundred thousand U.S. dollars ($100,000) for EXHIBIT "B" any single trailer or container and ten thousand U.S. dollars ($10,000) for any less-than- truckload shipment. For motor, intermodal and rail shipments wholly within Canada or between the United States and Canada (“Canadian Shipments”), MODE Global’s payment of a cargo loss or damage claim is subject to all defenses and immunities available to the underlying carrier arising by operation of law, contract or otherwise, and is further subject to a maximum of the lesser of i) the value of the goods at the place and time of shipment, including the freight and other charges if paid, ii) two Canadian dollars ($2.00 (CDN) per pound computed on the total weight of the lost or damaged portion of the shipment, iii) where the goods are carried by rail, any applicable rail carrier limitation of liability as prescribed in a Rail Circular (as defined in Section 3 (g) below), tariff, confidential rate contract or similar document, or iv) one hundred thousand Canadian dollars ($100,000 CDN). MODE Global is licensed as an Ocean Transportation Intermediary (OTI) by the Federal Maritime Commission (FMC) to provide export ocean freight forwarding services and international non-vessel operating common carrier (NVOCC) services. MODE Global’s liability for loss or damage to cargo for international ocean transportation services is as follows: 1. When providing international ocean services as a common carrier through a U.S. port, MODE Global is operating as a NVOCC pursuant to its FMC OTI license. MODE Global provides said NVOCC services pursuant to its NVOCC tariffs and bill of lading terms and conditions, which are published at http//www.dmstradeservices.com and are available for review upon Shipper’s request, and MODE Global’s liability for the loss and damage of cargo is limited to five hundred U.S. dollars ($500) per package or customary freight unit pursuant to the U.S. Carriage of Goods by Sea Act (COGSA). When providing international ocean services as a common carrier NVOCC on shipments not moving through a U.S. port, MODE Global’s liability shall be determined pursuant to the terms and conditions of its NVOCC bill of lading that MODE Global has issued for the shipment, including, but not limited to the limitations of liability contained therein. On all international ocean transportation shipments where MODE Global is not acting as a NVOCC and has not issued a NVOCC bill of lading, the Shipper’s recourse for loss or damage claims to its shipments shall be against the ocean common carrier or NVOCC that handled the shipment and shall be subject to the terms and conditions, tariffs and bills of lading of those carriers, including, but not limited to, any limitations of liability contained therein. Any and all liability of MODE Global to Shipper for claims for such international ocean shipments shall be limited to fifty U.S dollars ($50) per shipment. Notwithstanding any other provision of these Terms of Service, and except as required by mandatory statute which cannot be waived, if Shipper has cargo insurance coverage to cover loss or damage to its shipment, then MODE Global shall have no liability whatsoever, or obligation to advance payment, for a cargo loss or damage claim. Shipper’s recourse for recovery on any loss or damage to its shipment shall be through the insurance company and not MODE Global. When arranging U.S. domestic or international air services, MODE Global does not act as an indirect air carrier but will instead arrange for the shipment to be handled by an indirect air ‘arrier. MODE Global’s liability for any claims involving domestic or international air shipments shall be limited to fifty U.S. dollars ($50) per shipment. All U.S. domestic air shipments, meaning shipments that originate in, and are destined to, points in the United States or any territory, possession or commonwealth of the United States, shall be subject to the terms and conditions of the applicable tariffs and U.S. domestic air waybill of the indirect air carrier or air carrier. All international air shipments shall be subject to the terms and conditions of the indirect air carrier or air carrier’s international air waybill and tariffs governing the provisions of such services. In addition to the terms otherwise stated herein, the following terms also apply to Frozen, Refrigerated, Temperature Controlled and Mixed shipments: 1 “Frozen” means when products are shipped frozen and so stated on the bill of lading by Shipper. “Refrigerated” means when products are shipped refrigerated and so stated on the bill of lading by Shipper. “Temperature Controlled” means when products are shipped temperature controlled and so stated on the bill of lading by Shipper. “Mixed” means when products are shipped in mixed shipments of Frozen, Refrigerated or Temperature Controlled and so stated on the bill of lading by Shipper. While in the underlying carrier’s custody and control, Frozen shipments will be transported at an equipment air temperature of 0 — 32 degrees Fahrenheit, Refrigerated shipments will be transported at an equipment air temperature of 33 — 45 degrees Fahrenheit, Temperature Controlled shipments will be transported at an equipment air temperature of 46-70 degrees Fahrenheit and Mixed shipments will be transported at the respective equipment air temperatures described above relative to the products shipped. Notwithstanding the temperature of the product at the time of acceptance by the underlying carrier, MODE Global and the underlying carrier shall only be responsible for maintaining the respective equipment air temperatures set forth above for Frozen, Refrigerated, Temperature Controlled or Mixed shipments, subject to any different temperature range set forth in Special Requirements (as defined in Section 9(a) below). MODE Global will not be liable for any cargo loss or damage involving Frozen shipments, unless (i) actual physical loss or damage to the cargo is established, and (ii) such actual physical loss or damage is due to an equipment mechanical failure that lasted in excess of twelve (12) consecutive hours. When perishable cargo is delivered to the consignee, the consignee must check the cargo to determine quantity being received and condition by close, careful observation. If cargo shortage or damage is found to exist, then a notation applicable to the discrepancy will be so noted by the consignee on the underlying carrier’s copy of the delivery receipt. When offering a shipment for delivery, if any portion of the shipment bears any indication of having been pilfered, a joint inventory of contents shall be made by the underlying carrier’s driver and consignee, and the results of inventory so noted on the underlying carrier’s copy of the delivery receipt. IN NO EVENT SHALL MODE GLOBAL BE LIABLE FOR ANY LOSS OR DAMAGE IF OR WHEN A SHIPMENT IS IN MEXICO. IN NO EVENT SHALL MODE GLOBAL BE LIABLE FOR LOST PROFIT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND. All intermodal or rail shipments shall also be subject to the terms and conditions set forth in the applicable published intermodal circulars and directories of the rail carriers (“Rail Circulars”). Shipper is responsible to block and brace any intermodal or rail shipments according to the AAR (Association of American Railroad) guidelines; provided that for shipments wholly within Canada, Shipper is responsible to block and brace any such shipment as required by the applicable Canadian rail carrier. The measure of loss or damage to freight hereunder shall be Shipper’s replacement value applicable to the kind and quantity of the commodities in question, less salvage value. Claims or lawsuits for less than $100 shall not be filed and no claims shall be paid if the amount of the loss or damage is found to be less than $100. Shipments are accepted as Shipper’s load, count and seal. MODE Global shall have no liability whatsoever for cargo loss or damage (i) for shipments delivered with the seal intact or (ii) in the absence of evidence of actual physical cargo loss or damage. A variation in air equipment temperature for Frozen, Refrigerated, Temperature Controlled or Mixed shipments or a broken or damaged seal does not by itself constitute actual physical cargo loss or damage. MODE Global is not liable for the payment of any claim for cargo loss or damage when products transported in dry equipment freeze or overheat. No offsets from open invoices due MODE Global will be allowed as settlement for cargo loss and damage claims. Shipper has an obligation to mitigate its cargo loss and damage. The failure of Shipper to first notify MODE Global within the shorter of (a) as soon as commercially practical when Shipper becomes aware of cargo damage or loss (or within 5 days of delivery for concealed damages or within 24 hours from the time of delivery in the case of perishable commodities) or (b) within the time frame required by the underlying carrier, may, at MODE Global’s discretion, result in the claim being denied. To report cargo loss or damage claims contact 901-930-7500 or claims@modetransportation.com. The time period for filing a claim for cargo loss or damage is as follows: 1. Cargo loss or damage claims involving U.S. Shipments must be filed by Shipper with MODE Global within nine (9) months from the date of delivery (or of the date of anticipated delivery in the event of non-delivery) and claims filed after such nine (9) month period are not valid, subject to any shorter claim filing period required by the underlying carrier. Cargo loss or damage claims involving Canadian Shipments must be filed within the earlier of (a) four (4) months of the date of delivery (or of the date of anticipated delivery in the event of nondelivery) of a rail or intermodal shipment or any such deadline set forth in the applicable underlying carrier’s tariff, issued bill of lading or transport document, or (b) sixty (60) days of the date of delivery (or of the date of anticipated delivery in the event of non-delivery) for shipments involving motor carriage or, in the case of intermodal shipments, where the cargo loss or damage occurs while the shipment is in the custody and control of the motor carrier. Cargo loss or damage claims involving air transport must be filed within the shorter of (a) the time period required by the underlying carriers in their air waybills, tariffs and terms and conditions or (b) one hundred and eighty (180) days of the event giving rise to the claim, or in the case of concealed damage or delay, within thirteen (13) days of delivery or the date of scheduled delivery. Cargo loss or damage claims involving international ocean transport shipments must be filed at the time and place of delivery or, in the case of concealed damage, within two (2) consecutive days thereafter. All cargo loss or damage claims must be in writing and contain sufficient information to process the claim, including but not limited to, any and all information required by the underlying carrier in its terms and conditions, tariffs, bills of lading, and claims processing documents. Any legal action for cargo loss or damage against MODE Global not arising out of air or ocean transportation must be instituted by Shipper against MODE Global within two (2) years from the first disallowance of the cargo claim by MODE Global or the underlying carrier, or the time limits set forth in the underlying carrier’s bill of lading, terms and conditions, and other governing documents, whichever time period is shorter. Any legal action for cargo loss or damage against MODE Global arising out of ocean transportation must be instituted within the shorter time period of either (a) the time set forth in the underlying carrier’s tariff, bills of lading or terms and conditions or (b) eleven (11) months of the date of shipment. Any legal action for cargo loss or damage against MODE Global arising out of air transportation must be instituted within the shorter time period of either (a) the time limit set forth in the air carrier’s tariffs, air waybills or terms and conditions or (b) two (2) years from the initial date of shipment. The rates provided to Shipper in connection with these terms are predicated on the underlying carriers selected by MODE Global being tendered freight released for cargo loss or damage at an amount not in excess of those amounts set forth in this Section 3. Shipper acknowledges that MODE Global has made available to Shipper the opportunity to pay a higher rate and thereby obtain greater levels of liability offered by MODE Global or the underlying carrier for cargo loss or damage. In the absence of the Shipper availing itself of that opportunity by entering into a written contract establishing a higher value signed by Shipper and a duly authorized executive of MODE Global, Shipper releases its shipments to the underlying carriers selected by MODE Global at the released values stated in this Section 3. 4. Accessorial Charges, Regulations and Penalties. MODE Global and its underlying carriers have rules and charges respecting accessorial matters such as detention and storage which are available for review at Shipper’s request. MODE Global shall not be responsible for the failure of Shipper to know such accessorial charges or rules. Unless accessorial charges have been caused by the sole act of MODE Global, Shipper shall be responsible for any such accessorial charges. Warehousing Terms and Conditions. In the event MODE Global is directed by the Shipper to place any shipment in storage, or in the event MODE Global places such shipment in storage as a result of the Shipper’s failure to pay MODE Global’s billed charges in accordance with Section 1 herein, or as a result of Shipper’s consignee refusing to accept delivery of the shipment, then SHIPPER GRANTS TO MODE GLOBALA LIEN ON ALL SHIPMENTS SO HELD, SUCH LIEN TO BE NOTICED, EXERCISED AND DISCHARGED IN THE SAME MANNER AS IS APPLICABLE TO THE LIEN DESCRIBED IN SECTION 1 HEREIN. Shipper agrees to release any shipment placed in storage as described to a value of $0.10 per pound, with such released value taking precedence over any other value or measure of loss stated elsewhere herein and MODE Global’s liability for loss or damage to all shipments so held shall be limited to $0.10 per pound. 6. Restricted & Prohibited Commodities; Hazardous Material; Government Laws & Regulations. a In addition to restricted commodities in the Rail Circulars, tariffs, and other governing documents of the underlying carriers, Shipper shall declare the following restricted commodities: automobiles and motorcycles; machinery; steel sheets, bars, pipes and coils; animal hides; chocolates and confectionery; alcoholic beverages (excluding beverages in bottles or cans); glass, glass products and other fragile goods; musical instruments, including, but not limited to pianos; frozen foods and boats (new and used). In addition to prohibited commodities in the Rail Circulars, tariffs, and other governing documents of the underlying carriers, Shipper shall not tender to MODE Global shipments containing any of the following: mobile phones (to include parts of mobile phones such as, but not limited to circuit boards and memory cards); all circuit boards; valuable papers of any kind (including, but not limited to accounts, bills, documents, deeds, notes, securities, evidence of debt, letters of credit, tickets, passports, mechanical drawings or manuscripts); money, currency, bullion, gold, silver and other precious metals, diamonds, precious or semi-precious stones; furs or furtrimmed garments; fine arts; live animals; used equipment or machinery; tobacco or tobacco products; contraband property in the course of illegal transportation or trade; household goods and personal effects; fresh fish and seafood, fresh cut flowers or plants that have been removed from the root, and ice-cream products. Shipper is responsible to declare any shipment that contains a hazardous material or dangerous good and ensure such shipments comply with all government laws, rules, ordinances or regulations, including, but not limited to, USDOT hazardous material regulations. Shipper shall be solely responsible for complying with all other government laws, rules, regulations or ordinances, including, but not limited to U.S. Department of Transportation regulations applicable to a shipper of goods. If Shipper fails to comply with any of Section 6(a) — (c) above or otherwise fails to comply with the requirements of Shipper under these terms, MODE Global shall have no liability for any resulting loss or damage regardless of the cause of such loss or damage and Shipper shall be responsible to indemnify, defend and hold harmless MODE Global and its affiliates, subsidiaries and parent for any costs, fines, penalties, losses or damages made against or incurred by MODE Global associated with Shipper’s failure to so comply, including, but not limited to environmental clean-up costs, legal costs (including attorney’s fees) , fines, and penalties. 7. Exclusions: MODE Global will have no liability whatsoever for damage to or loss of cargo directly or indirectly caused by the following: nuclear activity (meaning nuclear reaction, nuclear radiation or radioactive contamination whether deliberate or accidental, controlled or uncontrolled or whether it contributed to or aggravated a covered loss or damage); terrorism; hidden or latent defects; asbestos (including loss or clean up caused by or resulting from asbestos or asbestos containing material); the presence, release, discharge or dispersal of pollutants; leakage, evaporation or shrinkage; breakage of glass or similar fragile property related to panes of glass; property being scented, discolored, soured or changed in flavor; normal wear and tear or cosmetic denting, marring or scratching to packaging; insufficient or unsuitable packaging material or preparation of goods being shipped; voluntary parting of the cargo whether by fraudulent scheme, trick, device or false pretense or for any event of force majeure, including, but not limited to flood, earthquake, storm and other Acts of God, fire, derailment, accident, strike, lockout, explosion, war, insurrection, riot, embargo, act of government or governmental agency or any cause that is beyond the control of MODE Global or the underlying carrier. Transportation of Food: In addition to the terms otherwise stated herein, the following terms also apply to any shipment of food or dietary supplement intended for human or animal consumption and all raw materials and ingredients thereof covered under the Sanitary Transportation of Human and Animal Food rule issued under the Food Safety Modernization Act, currently codified at 21 USC 2201 (Chapter 27) and the Food, Drug & Cosmetic Act, currently codified at 21 USC 2201 (Chapter 9) (referred to as “FSMA”) (each a “Food Shipment”). a Shipper must provide MODE Global written notice at the time of tender if a shipment is a Food Shipment, and include any specifications for transporting or handling the Food Shipment, which specifications will be effective upon written acceptance by MODE Global executed by a duly authorized representative of MODE Global (“Special Instructions”). As between the parties, Shipper is solely responsible for identifying any Special Instructions and MODE Global shall have no such obli