Pickup and Delivery. The Company will be the only entity contacting the carrier regarding pickup and/or delivery of shipments. Customer, Shipper, or Consignee will not contact carrier for any reason. Contacting the Carrier for Pickup and Delivery are the sole responsibility of The Company.
1. Customer's Warranties
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. The Company assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
2. Necessary Documentation
The Customer is required to use the Company's system generated Bill of Lading. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs the Company, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Company is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Company completes that document, the terms of this Bill of Lading will govern. The Company is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
3. Payment
All charges are payable in Canadian Dollars and are due and payable fifteen (15) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All funds received by the Company will be applied to the oldest (based on invoice date) invoice that is outstanding. Overpayment's do not accrue interest and are subject to Canadian Law. In the event the Company retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 35% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges relating to this shipment.
All Customers are subject to credit approval. The Company intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of the Company. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer's shipment. These charges and adjustments, if any, will be automatically debited to the Customer's credit card or bank account.
The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Company's attorney fees and legal costs applicable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment. The Company shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Company reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Company does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Company.
4. Claims and Limitations of Liability
The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Company to help ensure timely resolution. The Company will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact the Company for more details regarding carrier insurance or carrier liability.
Where Company files damage claim with carrier on behalf of customer and receives recovery funds, The Company has a lien on such recovery amounts and reserves the right to apply recovery amounts to open past due invoices on account. This includes recovery amounts received from carrier for freight charges and/or product damage claim amounts.
The Company is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. The Company is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. The Company is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier's General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Company is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. The Company is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of the Company.
Subject to the limitations of liability contained in the Bill of Lading and the carrier's General Rules Tariff, the Company shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Company's own gross negligence. The Company's liability therefore shall be limited to the fees that the Company has earned with respect to the subject shipment.
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE COMPANY CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED
5. Forum Selection and Choice of Law
Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through the Company's website, or relating to any and all disputes between the Company and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the District Court of Contra Costa County, California or in the United States District Court and shall be subject to California law.
6.. Rates & Transit Times
LTL and FTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are based on weight, density, stow ability and value. CarrierÂ’s have the right to inspect and re-weigh shipments which may affect the final rate.
All (LTL & TL) transit dates and times for any and all shipments moved with Company including pickup/delivery dates and times are not guaranteed by Company and/or carrier. Transit dates and times, delivery dates and times, and pickup dates and times are estimates only. Company and Carrier are not responsible for any late charges, labor charges and any and all charges that customer will back charge to Company and/or carrier because of perceived late pickup and delivery of any and all shipments. Transit times do not include day of pickup, weekends and holidays.
Even though lift gate service is requested some carrier terminals "do not" provide these services. Please contact Company's customer service department for more information
Company has the option to move any shipment through its volume LTL Program.
TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are based upon on market availability. Additional fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. Providing 48-hour notice is given, the Company assures coverage of Truckloads within 4 hours of Customer's requested pickup, excluding weekends and holidays, weather or national emergency.
7. Guaranteed Services
LTL Guaranteed Services are inclusive of transit times only as noted by the carrier selected. Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. This service is not a guarantee for Pickup. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with the Company. If the Company does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event of carrier failure to comply with the guaranteed service requested and after the carrier has agreed to liability, the Company will credit the account of the said Customer. In no event shall the Company be liable nor will any account be credited if the Customer does not use the Company's Bill of Lading.
8. Confidentiality
Customer acknowledges and agrees that the information generated by the System for Customer is confidential to Company and will not be disclosed to any third party other than employees or agents of Customer whose knowledge is necessary to the implementation of the services contemplated hereunder and who Customer agrees to cause to comply with the above confidentiality requirements. |
