Small
Business Transportation d.b.a. freigh101.com (hereinafter
collectively referred to as "Organization") is the
free service that simplifies shipping heavy freight whether
truckload, LTL, domestic or international air, or ocean. The
web site provides an instant comparison of numerous freight
carriers or shipping companies and allows automated transport
via ground, air, rail or ocean.
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.
The General Rules Tariffs, set forth by the carriers provided
as Solutions with the Organization, will in every instance
take precedence in all legal proceedings and when applicable,
will take precedence over the Organization's TERMS AND CONDITIONS
stated herein. If not stated within the carrier's General
Rules Tariff, the Organization'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.
The Organization is a freight broker and NOT a freight carrier.
The Organization 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 ("The Organization")
on behalf of the Customer and shall be deemed, conclusively,
to have been prepared by the Customer. Any unauthorized alteration
or use of Bills of Lading or tendering of shipments to any
carrier other than that designated by the Organization, or
the use of any Bill of Lading not authorized or issued by
the Organization shall VOID the Organization'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. 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 Organization 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.
3. Necessary Documentation
The Customer is required to use the Organization'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 Organization, where permitted by law, to complete, correct
or replace the documents for them at the expense of the Customer.
However, the Organization is not obligated to do so. If a
substitute form of Bill of Lading is needed to complete delivery
of this shipment and the Organization completes that document,
the terms of this Bill of Lading will govern. The Organization
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
fourteen (14) days from the date of billing, and any payment
which is past due shall be subject to an additional charge
at the rate of 19% 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 Organization
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 Indiana Law. In the event the Organization
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. The Organization
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 Organization. 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. The Organization shall have a lien on the
shipment for all sums due it relating to this shipment or
any other amounts owed by Customer. The Organization 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 Organization
does not receive a dispute within the allowable thirty (30)
business days, the disputed item will be denied by the Organization.
5. 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 Organization to help ensure timely resolution. The Organization
will attempt to assist in the resolution of freight claims,
but has no responsibility or liability therefore. Please contact
the Organization for more details regarding carrier insurance
or carrier liability.
Where Organization files damage claim with carrier on behalf
of customer and receives recovery funds, The Organization
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 Organization is not liable for any loss, damage, mis-delivery
or non-delivery caused by the act, default or omission of
the Carrier. The Organization 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 Organization 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
Organization 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 Organization 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
Organization.
Subject to the limitations of liability contained in the Bill
of Lading and the carrier's General Rules Tariff, the Organization
shall only be liable for loss, damage, mis-delivery or non-delivery
caused by the Organization's own gross negligence. The Organization's
liability therefore shall be limited to the fees that the
Organization has earned with respect to the subject shipment.
THE ORGANIZATION 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 ORGANIZATION CANNOT GUARANTEE DELIVERY BY ANY
SPECIFIC TIME OR DATE. IN ANY EVENT, THE ORGANIZATION 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 ORGANIZATION HAD KNOWLEDGE THAT SUCH DAMAGES
MIGHT BE INCURRED
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 the Organization's website, or relating to any and
all disputes between the Organization 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 Lake County, Indiana or in the United States District Court
and shall be subject to Indiana 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,
the Organization assures coverage of Truckloads within 4 hours
of Customer's requested pickup, excluding weekends and holidays,
weather or national emergency. Once freight101.com 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 $1000 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 the Organization. If the Organization 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 Organization will credit the account
of the said Customer. In no event shall the Organization be
liable nor will any account be credited if the Customer does
not use the Organization's Bill of Lading.
9. Cargo Liability Insurance
FAILURE TO PURCHASE ADDITIONAL CARGO INSURANCE WILL RESULT
IN SHIPPER BEING LIMITED TO RECOVERY PURSUANT TO THE TERMS
OF CARRIER'S GENERAL RULES TARIFF. Upon completion of the
purchasing and approval process, including cargo insurance
coverage acceptance and final shipment confirmation, a Certificate
of Insurance will be issued to the indicated Certificate Holder
by the end of the next business day.
The Organization has no responsibility, liability or involvement
in the issuance of insurance, the denial of insurance, or
in the payment of claims. In the event of cargo loss or damage,
the Certificate Holder is to contact the Claim Agent noted
on the Certificate of Insurance immediately. If the loss or
damage is apparent, the consignee must note such loss or damage
information on the bill of lading/delivery receipt. If the
loss or damage is not apparent (concealed), the certificate
holder must contact the Claims Agent noted on the certificate
within 3 days after taking delivery. |