Loaded Up Logistics Terms and Conditions

Transcription

1 Loaded Up Logistics Terms and Conditions Loaded Up Logistics (hereinafter referred to as "Company") is a Freight Logistics Company operating as a Freight Broker and is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and/or other government agencies as required by law. The Company reserves the right, in its sole discretion, to refuse any shipment at any time. Customer refers to the party electing to utilize the Company's website and services. Section 1 Definitions A. Freight Brokerage: Customer acknowledges that Loaded Up Logistics is a Freight Broker and NOT a Freight Carrier. As a brokerage, the Company provides access to carrier rates and carrier services. Loaded Up Logistics works with carriers that are properly licensed and bonded for all services provided. B. Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of the Customer's shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) actually transport the shipment(s) and is/are exclusively responsible for the transportation and delivery of Customer's shipment. C. Customer: A customer of Loaded Up Logistics is established by: using Loaded Up Logistics website and brokers to shop and compare rates, registering and establishing an account with Loaded Up Logistics, and/or arranging a shipment through Loaded Up Logistics. Section 2 Responsibilities of the Customer A. Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC Code. B. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off for pick up, unless otherwise stated by Customer. C. Residential Services are available and are charged as an assessorial service. This fee is from the carrier transporting the freight. D. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be accessible for carrier s equipment. E. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an accessorial service. F. Customer agrees to ensure the shipment is properly prepared (packaged and addressed) for transport by Freight Carrier, unless these services have been arranged for as an assessorial service. G. The Customer agrees to pay for all services as actually provided by Loaded Up Logistics and the Freight Carrier(s). H. The Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes: any sanctioned party scheduling a shipment(s), any party using Customer's Bill of Lading (BOL), the party acting as the consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer. Section 3 Customer Warranties A. 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 state and country to, from, through or over which the shipment may be carried. B. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, in relation to hazardous materials, 49 C.F.R. # , and 49 C.F.R. # C. Customer further attests that it will immediately advise Company in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance 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 D. Customer agrees to indemnify Company for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this section. Section 4 Bills of Lading A. The Bill of Lading (BOL) is non-negotiable and has been prepared by the enrolled Customer or by Loaded Up Logistics on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. B. The General Rules Tariffs, set forth by the Carrier(s) that actually provided the transportation of the shipment, will in every instance, take precedence in all legal proceedings and, when applicable, will take precedence over the. If not stated within Carriers General Rules Tariff, Loaded Up Logistics shall control all Terms, including, but not limited to all the limitations of liability, shall apply to the selected Carrier and their agents and contracted carriers. C. If a substitute form of Bill of Lading is needed to complete the delivery of the shipment, and Loaded Up Logistics completes that document, the terms of this Bill of Lading will govern. D. If the Customer does not complete all of the documents required for carriage, or if the documents which they supplied are not appropriate for the services, the Customer hereby instructs Loaded Up Logistics, where permitted by law, to complete, correct, or replace the documents for them at the expense of the Customer. However, Loaded Up Logistics is not obligated to do so. E. Required Use of Bill of Lading: i. The Customer agrees to sign the BOL provided by Loaded Up Logistics prior to pickup. Customer must then provide: (2) Copies of the signed BOL to the Consignor ii. Customer, or agent of the Customer, shall consign the shipment directly to the carrier transporting the freight. Customer agrees that the consigned Freight Carrier will be exclusively liable loss, damages, or any other type of service failure. iii. Loaded Up Logistics may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated by Loaded Up Logistics and shipments tendered with any bill of lading not issued by Loaded Up Logistics. F. Loaded Up Logistics may choose to void the Company's obligations to make any payments relating to this shipment and void all rate quotes if any of the following occur: any unauthorized alteration or use of bills of lading or tendering of shipments to any carrier other than that designated by the Company, or the use of any bill of lading not authorized or issued by the Company. Section 5 Accessorial Services Accessorial Services are services provided by the Carrier in addition to the basic transportation of the shipment. A. Customer agrees to pay for all services requested and/or any service(s) associated with a particular pickup or delivery location B. Rates shown below will apply unless otherwise stated on the Bill of Lading and/or the invoice provided at the time of booking the shipment. ********** Section 6 Less Than Truckload Services A. Less than Truckload (LTL) rates are quoted, rated and booked based on the information provided by the Customer. Factors in this calculation include: i. Origin and destination zip codes/distance. ii. The total weight of the shipment, including all packaging materials, crating or pallet. iii. What is being shipped (commodity) results in an NMFC code and Freight Class. iv. Dimensions of packed commodity (determined by the greatest point); and volume of space required (as cost per cubic foot and/or length of truck) v. Type of packing used for the shipment including but not limited to pallet(s), crate(s) and box(es). vi. The number of items being shipped. vii. Any special services requested and/or needed. viii. Guaranteed or estimated transit time. ix. Commercial or residential pickup or delivery. x. Any other applicable accessorial charges

3 B. Nb. Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessments, penalties, taxes, duties, tariffs, tolls, storage expenses, attorneys fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses. Section 7 Truckload & Partial Truckload Services TL rates are based on Dock Door Pickup/Dock Door Delivery, and Shipper Load/Consignee Unload and are state-to-state mileage based. A. Full TL shipments include two hours of detention time at pickup and delivery B. Additional charges may apply for charges including but not limited to: Tractor Detention, Trailer Detention, Driver Assistance. Additional detention time will be charged at $75 per hour, up to $600 per day C. A cancellation charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup at the rate of $350 or 20%, whichever is greater. D. Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply. E. Blanket Wrap/High Vale Goods - rates are driven by capacity (truck availability), state-to-state/mileage, weight (actual or density) and commodity/product type. F. Flatbed rates are based on equipment type, state-to-state/mileage, and capacity (truck availability). If a flatbed shipment contains oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply. Section 8 Payment A. All Customers are subject to credit approval. Upon credit approval, all charges are payable in U.S. Dollars and are due upon receipt or upon agreed-upon terms. B. The estimated/initial costs for each shipment is billed and charged to the Customer's account at the time of dispatch. Customer understands that this initial billing is based upon the information provided by the customer and that this billing is done in good faith by Loaded Up Logistics with the assumption that the Customer provided true and accurate information regarding the actual description of their shipment and the services to be provided. C. Past Due Payments: i. Any payment which is past due shall be subject to an additional charge at the rate of 1.5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. ii. In the even 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 33% and Customer shall also be liable for all attorneys and collection agency fees incurred by the Company, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to the Company relating to this shipment. D. Billing Adjustments: The carrier reserves the right to verify a shipments weight, size, class and services provided. Upon the Carrier's discovery of incorrect information provided on the Bill of Lading, a Freight Inspector will document the differences and a "billing adjustment" will result. i. Should a billing adjustment occur, the Company reserves the right to amend or adjust the original quoted amount. ii. Customer is permitted thirty (30) business days from the date of the invoice to dispute any adjustments on account of Customer's shipment. If a dispute is not received by the Company within 30 days, the balance of the adjustment will be due. E. Unless otherwise agreed, payment for all services is by Credit Card (Visa, Mastercard, Discover or American Express) which is issued in the Customer's name and/or the Customer is authorized to use. Section 9 Claims and Limitations of Liability A. Federal Government Regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment. The courts have upheld this position based on the fact that

4 Freight Brokers are barred from accepting consignment (taking control) of freight and Customer consigns (signs over) their shipment directly to the carrier. At no time does Loaded Up Logistics hold, handle, store, or transport freight. i. As such, Loaded Up Logistics may assist in the claim filing process. If the Company is involved, they will act as a liaison between the Customer and the Carrier and use commercially reasonable efforts to assist the Customer and process with the carrier any freight loss or damage claims. ii. In order for the Company to assist, all claims and supporting documentation need to be provided to the Company within 30 days. If damage was not apparent at the time of delivery and/or damage was not notated on the delivery receipt, claims and supporting documentation need to be sent to the Company within 48 hours of delivery. Additionally, Customer's account must be paid in full prior to processing a claim for loss or damage. iii. The filing of a claim does not relieve the Customer for payment of freight charges. Customer may not offset freight or other charges owed to Company against claims for any loss, damage, mis-delivery or nondelivery. The Company has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account B. Shipments are covered under the transporting Carrier's limited liability per their General Rules Tariff. i. As such, cargo liability on LTL shipments may vary by carrier. ii. LTL shipments of used goods (typically any goods not coming directly from the manufacturer) will have a maximum liability of $0.10/lb. Customers may opt to secure freight insurance from any third party freight insurance company. For your convenience, provides a partial list of freight insurance companies. You may also find that your home or business insurance provider offers freight insurance coverage. iii. Truckload Carriers are required by law to carry a minimum of $100, of cargo liability insurance. This coverage protects the Customer from theft, loss or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packaging or crating. iv. Carrier liability does not cover loss or damage due the existence of violence, riots, military action or acts of God (including, but not limited to weather conditions). Section 10 Guaranteed Services A. Unless Guaranteed Service is specifically listed as a chargeable accessorial service, delivery times are estimates only. B. Guaranteed Services are inclusive of transit times as noted by the carrier selected. C. Guaranteed Service transit times do not include holidays and/or no-service days as defined by the individual carrier. This service is not a guarantee for time of pickup. Day of pickup is not included in the qualification and calculation of LTL transit time. D. Shipments not delivered within date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the carrier. These reasons could include, but are not limited to, the following conditions: acts of God; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions by: shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, city or local roads, streets, or highways resulting in travel delays by carrier; shipments not accepted by the consignee when offered for delivery. E. The customer is liable for all charges related to the shipment. F. 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 and all chargers relating to the shipment will be due. Section 11 Forum Selection and Choice of Law A. 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

5 Consignee, shall be filed in the Circuit Court of Wyandotte County, Kansas or in the United States District Court of Kansas, Kansas City Division and shall be subject to Kansas law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes. Section 12 Changes In Terms & Conditions A. Loaded Up Logistics shall have the right at any time to change or modify the terms and conditions applicable to Customer s use of Loaded Up Logistics, or any part thereof, or to impose new conditions, including by not limited to adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on Loaded Up Logistics, through electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of Loaded Up Logistics by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions. Section 13 Binding Acceptance A. Acceptance of Loaded Up Logistics TERMS and CONDITIONS is redundantly required in the course of booking each shipment. This occurs by the Customer s use of Loaded Up Logistics, when securing a quote, when registering as a Customer, and/or when tendering a shipment. Additionally, a copy of these TERMS and CONDITIONS is provided with each Bill of Lading (BOL) and finally, the use of Loaded Up Logistics BOL requires the acceptance of these TERMS and CONDITIONS.