The enrolled Customer, Shipper
and/or Consignee (hereinafter collectively referred to as "Customer")
agrees to these TERMS AND CONDITIONS which no agent or employee of the
parties may alter. These TERMS AND CONDITIONS shall apply to this and
all future shipments scheduled by Customer, unless and until these TERMS
AND CONDITIONS are altered or amended by TruckloadBroker.com, LLC's issuance
of new TERMS AND CONDITIONS.
The General Rules Tariffs,
set forth by the carriers provided as Solutions with TruckloadBroker.com,
LLC, will in every instance take precedence in all legal proceedings and
when applicable, will take precedence over TruckloadBroker.com, LLC's
TERMS AND CONDITIONS stated herein. If not stated within the carrier's
General Rules Tariff, TruckloadBroker.com, LLC's TERMS AND CONDITIONS
as stated herein shall control. In the case of conflict between the TERMS
AND CONDITIONS contained herein and those set forth by the individual
selected carrier's General Rules Tariff, the selected carrier's General
Rules Tariff 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.
TruckloadBroker.com, LLC is
a freight broker and NOT a freight carrier. TruckloadBroker.com, LLC reserves
the right, in its sole discretion, to refuse any shipment at any time.
1. Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled
Customer or by ("TruckloadBroker.com, LLC") as Customer's agent
on behalf of the Customer and shall be deemed, conclusively, to have been
prepared by the Customer and to bind Customer. Any unauthorized alteration
or use of Bills of Lading or tendering of shipments to any carrier other
than that designated by TruckloadBroker.com, LLC, or the use of any Bill
of Lading not authorized or issued by TruckloadBroker.com, LLC shall VOID
TruckloadBroker.com, LLC's obligations to make any payments relating to
this shipment and VOID all rate quotes.
2. 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. Customer
further warrants that it is registered and in compliance with the security
plan and training requirements, and any amendments related thereto, related
to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804.
Customer further warrants 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. TruckloadBroker.com, LLC 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. 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 provision.
3. Necessary Documentation
The Customer is required to use TruckloadBroker.com, LLC'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 TruckloadBroker.com, LLC, where permitted by law, to complete,
correct or replace the documents for them at the expense of the Customer.
However, TruckloadBroker.com, LLC is not obligated to do so. If a substitute
form of Bill of Lading is needed to complete delivery of this shipment
and TruckloadBroker.com, LLC completes that document, the terms of this
Bill of Lading will govern. TruckloadBroker.com, LLC is not liable to
the Customer or to any other person for any actions taken on behalf of
the Customer under this provision.
4. Payment
All charges are payable in US Dollars and are due and payable thirty (30)
days from the date of billing, and any payment which is past due shall
be subject to an additional charge at the rate of 1-1/2% 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 TruckloadBroker.com,
LLC will be applied to the oldest (based on pick-up date) invoiced BOL
that is outstanding. Overpayments do not accrue interest and are subject
to Texas Law. In the event TruckloadBroker.com, LLC 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, 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. TruckloadBroker.com, LLC 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 TruckloadBroker.com, LLC. 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 Organization's attorney fees and legal
costs allocable 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. TruckloadBroker.com, LLC shall have a lien on
the shipment for all sums due it relating to this shipment or any other
amounts owed by Customer. TruckloadBroker.com, LLC 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 TruckloadBroker.com, LLC does not receive a dispute
within the allowable thirty (30) business days, the disputed item will
be denied by TruckloadBroker.com, LLC.
Note: As part of the anti-terrorism
rules / regulations, inspection of freight that moves cross border (to
or from Canada or Mexico) may result in carriers (LTL, TL and Intermodal)
applying charges to shipments inspected by US Customs. These random inspections
are not known at time of shipment and therefore are excluded from all
quotes. Any applicable costs associated with random border inspections
will be the responsibility of the customer.
5. Claims and Limitations of
Liability
TruckloadBroker.com, LLC will act as the primary point of contact for
claims and ensure that all claims are filed and processed in accordance
with 49 C.F.R. 370. All claims should be submitted immediately to TruckloadBroker.com,
LLC to help ensure timely resolution. TruckloadBroker.com, LLC will use
commercially reasonable efforts to assist and cooperate with Customer
to investigate and process any freight loss or damage claims and any claim
for damage to our customer's property occurring in the course of the transportation
services rendered to such Customer. The liability for any cargo damage,
loss, or theft from any cause shall be determined under the Carmack Amendment,
49 U.S.C. 14706.
TruckloadBroker.com, LLC will
not be responsible in any way for claims resulting from Customer negligence.
TruckloadBroker.com, LLC has available for purchase by the Customer, upon
request, shipper's interest cargo insurance. 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. Customer
may not offset freight or other charges owed to Organization against claims
for any loss, damage, mis-delivery or non-delivery. TruckloadBroker.com,
LLC 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.
6. 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 TruckloadBroker.com,
LLC's website, or relating to any and all disputes between TruckloadBroker.com,
LLC 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 Dallas County, Texas or in the United States District
Court for the District of Texas in Dallas and shall be subject to Texas
law.
7. Rates
LTL rates are based on the freight class as determined by the NMFC (National
Motor Freight Classification) and are weight based. All displayed transit
times are estimates only and do not include day of pickup. LTL pickup
dates are not guaranteed.
TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper
Load/Consignee Unload and are state to state and mileage based. Additional
fees may apply for charges including but not limited to, Tractor Detention,
Trailer Detention, and Driver Assistance. Providing 48-hour notice is
given, TruckloadBroker.com, LLC assures coverage of Truckloads within
4 hours of Customer's requested pickup, excluding weekends and holidays,
weather or national emergency. Trade show shipments cannot be guaranteed.
Truckload cancellations require 24 hour notice to avoid penalty. Once
TruckloadBroker.com, LLC has contracted with a carrier to move a truckload
shipment, the scheduled load must be tendered to the carrier as requested
on the bill of lading at the agreed upon price, or a equipment not used
(EON) fee of up to $200 USD will be assessed.
Air Freight rates are based
on the greater of actual or dimensional weight. If an Air Freight shipment
contains oversize freight, additional charges and transit days may apply.
Van Line rates are driven by
state to state/mileage, weight (actual or density) and commodity/product
type.
Flatbed rates are based on
equipment type, state to state/mileage and weight. If a flatbed shipment
contains oversize freight, additional charges and transit days may apply.
All displayed transit times
are estimates only and do not include day of pickup. Pickup dates are
not guaranteed
8. 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 TruckloadBroker.com, LLC. If TruckloadBroker.com,
LLC 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, TruckloadBroker.com, LLC will
credit the account of the said Customer. In no event shall TruckloadBroker.com,
LLC be liable nor will any account be credited if the Customer does not
use TruckloadBroker.com, LLC's Bill of Lading.
9. Damages
Carrier transporting the freight will be liable for any and all damage
claims arising from the transport. All claims must be noted for at time
of delivery, and submitted in writing within 15 days of delivery. Customer
agrees to file all claims with Carrier identified on the Bill of Lading/Delivery
Receipt, and to bring any legal action for damages only against such Carrier.
Customer further agrees to release and to hold TruckloadBroker.com, LLC
harmless from any such claims. All Carriers hired by TruckloadBroker.com,
LLC for transport have insurance on file with TruckloadBroker.com, LLC,
and is available to Customer upon request. TruckloadBroker.com, LLC will
furnish Customer with the name and telephone number of the Carrier used
for transport and will assist Customer in providing any other necessary
information, should a claim arise.
The Carrier will only be responsible
for damage directly caused by the Transporter truck or driver, and will
not be responsible for damage not caused by the truck or driver.
We reserve the right to refuse
service to anyone who violates any of the terms and conditions written
above. Or for any other reason we feel necessary, such as threats, harassment,
etc.