LFS Terms and Conditions of Services

Transcription

1 LFS Terms and Conditions of Services 1. Applicability a) The terms and conditions established herein apply to all Services provided by Logistics Freight Solutions ("LFS"), its related companies, agents and/or representatives. All Services provided by LFS to the Customer will be subject to the General Terms and Conditions set forth herein. 2. Company as Agent. a) LFS acts as the "agent" of the Customer for the purpose of rendering the Services provided for within this agreement. Company does not act as a carrier or agent of a carrier. 3. Company's Responsibility. a) Reasonable Care in the Selection of Third Parties and/or Routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company. 4. LTL GENERAL CONDITIONS a) LFS is a transportation management company in North America. We act as intermediaries in all of our services, we are not a carrier, and we do not represent the carrier. b) Therefore, LFS will take no responsibility for damage, loss or delay caused by the carrier or logistic operator, selected and contracted by mutual agreement between the client and the service beneficiary. LFS responsibility is limited to rate negotiation functions, logistic coordination, follow up and representing the client against the carrier or any other logistic operators in case of claims for damage, loss or delays. c) The offered rates apply as long as the cargo is well packed and palletized and in proper and optimal stow and conditions for the requested service, otherwise the carrier is free to reject the cargo at the time of pick up. Carrier will not assume responsibility for damage o loss of freight, when the freight is not properly packaged. Carrier will reject any claim for damages of any kind of freight if it is not properly packaged.

2 d) Freight must be easily loaded and unloaded to the trailer with the use of a forklift, lift gate o similar equipment, if the carrier refuses to pick up he freight because it is not properly packaged, miss trip and some other similar charges may apply; the client will assume full responsibility of these charges (By client we mean, the company that hires LFS) and they will be send immediately to the client once the carrier inform its existence. e) For the LTL, and volume cargo, Quotes will be valid as long as the pieces are stackable, unless specified on the quote. f) Rates may change if the characteristics of the Freight vary from those stated on the initial quote sent by LFS, or obtained by the client online (Weight, dimensions, product description, handling, etc). g) If the cargo is not ready at the time of pick up and extra fee can be charge called Miss Trip. This has to be included on the initial fee. h) The Rate does not include any special services, unless specify. i) The rate send is only valid if the shipper and consignee can upload/unload the cargo in/out of and enclosed truck. Unless and special service is specify on the quote. j) Transit time are estimated, not guaranteed, when requiring a guaranteed delivery or a delivery appointment, the client must specify those special needs before getting the rate, otherwise the given rate will not apply. Also the client must specify exactly the guaranteed service they require (100% Guaranteed: Charges will be $0.00 if the delivery deadline is not met or Partially Guaranteed: Guaranteed extra charges will be removed if the delivery deadline is not met, thus the client will have to pay for the standard service). k) Delays due to weather, natural disasters or any other external inevitable situation are the exception to the previous note. l) Rates do not apply for over-dimensional freight; Freight cannot occupy more than 12 linear feet of the trailer, unless specified on the quote. m) These rates do not apply for hazmat cargo, unless specified on the quote. n) Rates do not include any additional coverage besides the Carriers responsibility. In case of damage, loss, or delay of the freight, LFS is responsible to assist the client on the process of filing a claim and following up, however LFS is not responsible for the damage, loss or delay caused by the carrier during he given service. All charges must be paid before processing a claim. It is important to consider that the carrier s liability for used goods, personal effects and household goods is $0.10/lb. o) LTL Quotes are valid for 30 days. p) Spot/Volume Quotes are valid for 7 days and it s liability in case of damage or loss is limited to $0.50/lb. q) For LTL shipment, carrier will wait for 15 minutes in order to pick up or deliver Freight, if they have to wait longer, detention or waiting time charges may apply (Thus vary depending on the carrier). r) When hiring a service with LFS, the client is responsible for the total payment of the required service on the established terms, if not; extra charges for interests and legal matters may apply. s) Once the Freight is delivered, the client has a maximum of 9 month to file a claim against the carrier, Cargo should not be exported, in order for the Carrier to make the

3 necessary inspections, claims can be denied if freight is exported before the carrier gets to inspect the cargo. t) In case the Shipper uses a BOL different from the one sent by LFS`s operations department, the company will automatically be exonerated from any responsibilities and neither the tariff nor the discount will apply. u) If the shipper uses a different BOL from the one sent by LFS an extra fee will be charge for the change in documents. v) In case of doing an incorrect use of LFS`s BOL resulting on a Reconsignment, the client have to pay any additional charges w) LFS and LTL carriers are responsible exclusively for the domestic service, whatever happens to the freight after delivery, is consignee s responsibility. x) It s consignee s responsibility to verify goods and claim the short delivery/ damaged delivery after exporting the shipment. 5. LTL SHIPMENTS BEING PICKED UP OR DELIVERED IN MEXICO a) LTL General Conditions apply. b) This rate only covers transport; any custom clearance services and border cross have to be done by a broker hired by the client. c) The broker only has 7 days to return the cargo to the carrier after Clearance; otherwise there will be an extra charge of $ USD. d) The only two cross border options are: El Paso, TX (crossing to Juarez, Mexico) and Laredo, TX (crossing to Nuevo Laredo, Mexico) e) The rate included transport on Mexican side and the transport on the American side. Zip Codes have to be check in order to be sure of the lines quoted. f) In case of damages or loses of cargo, LFS is responsible to assist the clients in the process of claim to the carrier and do follow up accordantly, however LFS is not responsible for the damager nor loses done by the carrier during transit. g) All charges must be paid before processing a Claim. The carrier`s liability Insurance will only pay $0.10 per pound for used good, moving s and house hold goods. h) On standard services the trucks usually have 15 minutes to upload at pick up and 15 minutes to unload at destination, in case either of the situations take longer than usual an extra fee will be charge called Waiting Time or Detention (the fee value varies according of the carrier). i) In case the Shipper uses a BOL different from the one sent by LFS`s operations department, the company will automatically be exonerated from any responsibilities and neither the tariff nor the discount will apply. 6. LTL SHIPMENTS BEING PICKED UP OR DELIVERED IN CANADA a) LTL General Conditions apply b) This rate only includes document 7512 (T&E or IT) between Canada and USA. c) Rates include the following charges: Inbond Charge, Inbond Preparation and Canadian processing Charges. d) The destination warehouse must be bonded, in order to move the freight, otherwise the rate does not apply, and cargo will not be deliverable.

4 e) Once the cargo arrives to its destination in USA it has 15 days to be exported, otherwise warehouse and custom extra charges may apply. f) If the shipment is traveling under an IT (Bonded document) the client s broker has 2 free days to close the bond and create a new entry, otherwise cargo will not be delivered and extra charges will apply. g) In case the Shipper uses a BOL different from the one sent by LFS`s operations department, the company will automatically be exonerated from any responsibilities and neither the tariff nor the discount will apply. h) If the shipper uses a different BOL from the one sent by LFS an extra fee will be charge for the change in documents. i) In case of doing an incorrect use of LFS`s BOL resulting on a Reconsignment, the client have to pay any additional charges. 7. BATCH QUOTING a) Rate applies as long as the cargo is palletized, well packed and protected b) Rates are valid for 30 days c) Weight per piece shall not exceed 3,500 lbs. d) Max weight per load: 10,000 lbs. e) Not valid for more than 6 pallets / 750 cft (carrier will use 96" for height when calculating dimensions if product cannot be stacked) f) The shipment can t take more than 12 linear feet of the truck. g) Max dimensions per piece: Length: 12 ft. (144") / Width: (90") / Height (92"). h) Batch Quotes are based merely on the weight and class of the Freight, if this characteristics change, rates may vary. i) If the dimensions of the freight change, rates may vary. 8. Liability, limitation of actions, Disclaimers and limitation of Liability. a) Except as specifically set forth herein, LFS makes NO EXPRESS OR IMPLIED WARRANTIES relating to its Services. b) Unless subject to an overriding statute or international convention, any and all claims against LFS or the third party selected by the client, for potential or actual loss, must be received by LFS, in writing, within sixty (60) days from the date the Goods were delivered; failure to give LFS timely notice shall be considered a complete defense to any action taken by Customer. In the event the Goods were not delivered, notice of all claims must be received by LFS within nine months from the date of loss. c) If your shipment was delivered damaged the carrier will need an appointment for an inspection, do not export the freight until the inspector visits the consignee and the claim is processed, otherwise claim will be rejected. d) The rate does not cover additional insurance from carrier s liability. If you wish to insure this load for an specific value, please ask LFS to provide an additional insurance service, otherwise, since LFS does not have direct contact with the cargo, our liability is limited to carrier s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of the this procedure. e) The Customer agrees that LFS shall only be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of LFS directly; such liability shall be limited to an amount equal to the lesser to the carrier s own liability.

5 f) LFS's responsibility is limited to filing claims with insurer or carrier and following up with the insurer or carrier. g) Customer agrees that LFS shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above. h) LFS will not be responsible for any discrepancies not noted on the Delivery Receipt of the Trucking Company. i) Volume quotes have a maximum liability of $0.50/Pound. j) The carrier`s liability Insurance will only pay $0.10 per pound for used good, moving s and house hold goods 9. Restrictions to quote Online a) Max weight per load: 10,000LBS. b) Weight per piece shall not exceed 3,500 LBS. c) Not valid for more than 6 PALLETS/12' LINEAR FEET/ 750 CFT (Carrier will use 96" for height when calculating dimensions If product cannot be stacked)- d) Max dimensions per piece: Length 12FT (144")/ Width (90")/ Height (92"). e) Dimensions should be entered with NO decimal numbers. f) Please note these are the restriction for the client to quote online, it does not mean that LFS is not able to handle shipments exceeding those restrictions, it means these rates should be obtained directly by our pricing representatives. 10. CONTAINER DRAYAGE a) Rate quote includes 2 Hours for Loading and 2 Hours for Unloading. ($80,00/Extra Hour). For Local drayage it includes 1 hour of loading and 1 hour of unloading; Local Drayage is consider less than 100 miles. b) Subject to equipment availability c) This rate does not cover additional insurance from carrier s liability. If you wish to insure this freight for a specific value, please ask LFS to provide an additional insurance service, otherwise, since LFS does not have direct contact with the cargo, our liability is limited to carrier s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of the this procedure. d) Rate quote is valid for 30 days e) A Drop & Pick will double the Rate f) For Overweight Containers extra charges may apply g) Other Extras Charges as Chassis Split or Chassis Flip (Overweight at Ramp) may apply 11. FULL TRUCKS, PROJECTS AND SPECIAL EQUIPMENTS a) Rates include 2 hour loading and 2 hour unloading. ($80,00/Extra Hour) and 1 hour for shipments coming from or going to Mexico. b) The rate can change according to the dimensions of the cargo. c) The rate does not cover additional insurance from carrier s liability. If you wish to insure this load for an specific value, please ask LFS to provide an additional insurance service, otherwise, since LFS does not have direct contact with the cargo, our liability is limited to carrier s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of the this procedure.

6 d) These rates quotes are valid for 7 days. e) Cargo liability is limited up to $100,000 per load. f) When Carrier's pup/set or vehicle is delayed by Consignor/Consignee for loading or unloading on or near the premises of Consignor/Consignee, DETENTION Charges will begin upon expiration of the applicable free time allowed, and will end when the pup/set or vehicle is loaded or unloaded and is available for movement. g) LFS is not responsible for damages on any used articles/product transported. h) LFS will not be responsible for any discrepancies not noted on the Delivery Receipt of the Trucking Company. 12. LFS VIP Program a) A Shipment refers to every inland that gets assigned to LFS and gets completed, if a shipment gets canceled after being assigned, it will no longer count as a valid shipment with LFS. b) A shipment will be valid for the month when it gets picked up, not when it gets assigned nor delivered. c) LFS, May refuse the entrance of one client to the program, even if that clients fulfills the conditions mentioned on this document, if LFS considers that the client does not fit in the program profile. d) A client will officially be part of the program, when LFS sends an official notification to the client, the client must not assume they are part of the program just by meeting the conditions specified on this document. e) A client that belongs to the Gold, Platinum or Diamond Categories that fails to fulfill the requirements to remain on that category, will not be retired from the program, but will be relocated on a lower category as long as they comply the requirements to belong to that new category. f) A client that gets retired from the program, can come back if they get to fulfill the requirements to be part of the program once again. g) LFS, may retire a client from the program, even if the clients fulfills the conditions mentioned on this document, if LFS consider that the client no longer fits in the program profile. h) Guaranteed Services, ensures your freight will arrive by the predetermined date of your choice on the standard service. i) Expedited Services, have less days of transit than the standard service, and guaranteed a delivery on a chosen date. j) Both Guaranteed and Expedited Services will be chosen in common agreement between the client and the LFS Representative, a client must not request this services to the carrier directly without the knowledge and authorization of the LFS Representative. k) LFS representatives can randomly choose when to use the guaranteed and expedited services if the client fails to do so. l) Rebate will only be awarded to the client that fulfills the following 3 requirements: 1. Accomplish the Invoice Goal assigned at the beginning of the year or when the client entered the program

7 2. Have 100% healthy credit status, meaning all the invoices are current or due to a maximum of 30 days by December 31, of the present year 3. Be an active VIP client by December 31 of the present year. m) The Insurance rates noted on the benefits menu correspond to the Percentage over the Commercial Value of the Insured Cargo. n) The Insurance rate may vary from the offered Percentage when special permissions must be asked to the insurance company o) LFS may change the terms and conditions of this program, as well as the benefits and general characteristics at any time with no further notice. 13. Credit and Payments a) Logistics Freight Solutions, Inc. (hereafter referred to as The Company ) operates its published Credit and Payments terms and conditions. These terms and conditions are printed on every invoice issued by The Company, and are available upon request. Note that the Company will send the invoices only through . The customer is responsible to inform the correct s, contacts and notify any update. b) The Company's standard payment terms require receipt of cash in advance of performance. In the event that the Company extends credit to the Customer, the following additional terms are hereby agreed to be applicable. c) The amount of credit issued to the Customer is subject to periodic revisions and the Company may decide to decrease, increase or revoke the monetary limits and at the company's sole discretion, any debt may be declared immediately due and payable upon demand at any given time. This may be done at the sole discretion of the Company. d) By establishing a credit account for the Customer, the Company shall be under no obligation to incur any expense, guarantee payment, or advance money on behalf of the Customer. The fact that the company has made a payment, advance or guarantee shall not be construed as a waiver of this provision. e) The Company allows Credit Card payments for the monthly maximum amount of USD$1,000. Any credit card payment over this amount will cause a 3% additional fee. f) The Customer agrees to keep the account current and agrees to pay each invoice in full within the time period provided by The Company. g) Quotes are not meant to be construed as guaranteed totals for services. Customer understands that, depending on conditions and/or situations occurring at time of actual delivery, additional charges may be added to the final billing for rendered services. If the customer doesn t have any credit terms with The Company, the payment must be done in advance. h) In the event that the Customer fails to keep the account current, all amounts owed by Customer shall immediately become due and payable. If the account is not paid when due, a delinquency charge shall accrue on the unpaid amount at the rate of 1.5% per month or part thereof. If the delinquency charge exceeds that permitted by applicable law, the charge shall be the maximum permitted by applicable law. i) If any invoices remain unpaid for thirty (30) days after demand for payment, the Company may, in addition to any other rights it has under other agreements and/or applicable law, exercise any or all of the rights of a secured party under the Uniform

8 Commercial Code now in effect in the State of Florida. The foregoing shall be construed according to the internal substantive laws of the State of Florida, without regard to the conflict of law principles of such State. j) The Customer, their owners and their principals, shall be jointly and severally liable to the Company for the payment of all invoices due, without discount, together with any Court costs, expenses, and reasonable attorney fees incurred in collecting any sums due the Company. k) Customer agrees to pay the Company for costs of collection, including reasonable attorney fees incurred in connection with the collection of this account, or if this account is placed in the hands of a collection agency, then the applicant agrees to pay the Company as additional and liquidated damages an amount equal to 50% of the amount unpaid thereon, together with such reasonable attorney fees as may be incurred in connection with the collection. l) Any controversy or claim arising out of or relating to this contract or the breach thereof, shall have the option of being settled by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for such arbitration shall be in Miami, FL. The prevailing party in any such arbitration shall be entitled to recover its costs incurred therein, including reasonable attorney s fees. m) As security for applicant s obligations hereunder, Customer hereby executes this security agreement and grants the Company a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both. n) Customer hereby appoints the Company as its lawful attorney-in-fact for the limited purpose of executing and/or filing on its behalf any further documents necessary to evidence or perfect the Company's security interest hereunder, including without limitation executing UCC-1 Financing Statement and filing it in the appropriate governmental records. It is understood this customer profile/credit application in no way obligates the Company to extend credit to applicant. o) Customer acknowledges that The Company is an inland freight portal between the customer and the transportation company, therefore does not have anything to do with any kind of direct contact or manipulation with the merchandise. The Company is in charge of coordinate the cargo according the instructions given by the customer through the transportation company chosen by the customer as well. p) In case of damage or loss The Company does not have any responsibility, therefore the customer has the obligation of make the total payment of what was agreed since the beginning of the service according the term established. The Company only has the responsibility of making a follow up to the Customer s claim against the transportation company. q) Customer acknowledges that this application has been submitted with the knowledge that it will be relied upon in ex-tending credit to the applicant. Applicant further agrees to give the Company permission to make inquiry on financial and related matters at applicant s bank, bonding company or lending firms and authorizes such firms to give

9 same to the Company. Applicant authorizes the release of information from both bank and credit references. r) The customer acknowledges, that Miami-Dade County in the State of Florida is the place of venue for any and all purposes, and that all collection costs including but not limited to attorney/agency fees and court costs will be the responsibility of the customer.