Rules And Special Service Charges (ABF 111-Z
)
Effective: 02/04/2008
| Inquiry:
08/20/2008
Item 125 : Governing Law
The terms and conditions of this tariff govern services performed by ABF for its Customers. Only the applicable federal laws and regulations shall govern any dispute between Customers and ABF in any administrative and/or judicial proceeding.
In the event any item or provision of an item in this tariff is determined invalid by a court or administrative agency order or ruling, or by legislative enactment or amendment of law, such determination shall not invalidate the whole tariff, but this tariff shall be construed as if not containing the particular item or provision held to be invalid, and the rights and obligations of Customer and ABF shall be construed and enforced accordingly.
Customer agrees that it will not sue ABF as a class plantiff or class representative, join a class as a member or agree to consolidate Customer's action into or participate as an adverse party in any way in a class action lawsuit against ABF. However, nothing in this item limits Customer's rights to bring a lawsuit as an individual plaintiff.