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. 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. 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 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.
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 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 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 Florida State 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 31% 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.
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.
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
Customer acknowledges that Freightz.com is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by Freightz.com were limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of Florida. The Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by Freightz.com Understanding this, the Customer agrees to hold Freightz.com harmless for services (i.e.
transportation of freight) performed by the Freight Carrier. Customer agrees to pay Freightz.com per agreement regardless of any disputes that may or may not occur with the Freight Carrier.
Therefore: All parties including Freightz.com, the Customer and the Carrier agree any claim, dispute or controversy between Customer and Freightz.com (and/or made by/or against anyone connected with Customer or Freightz.com or claiming through Customer or Freightz.com) arising from/or relating to Customer’s use of Freightz.com’s website or services provided by Freightz.com including claims regarding applicability or validity of this arbitration provision, shall be re solved by binding arbitration in accordance with the rules of the American Arbitration Association (”AAA”) then in effect, subject to these Terms and Conditions at a mutually agreed location within Pinellas County, State of Florida, USA. Any claim regarding the
validity or enforceability of this arbitration provision shall be governed by the laws of the State of Florida and that the venue for any dispute shall any
legal action relating to services provided by Freightz.com or its website Freightz.com, shall be filed exclusively in the County Court of Pinellas County, Clearwater, Florida or in the United States District Court for the Middle District of Florida. Customer shall be liable for all legal and collection fees.
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. The Organization 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 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 Pinellas County, Florida or in the United States District Court for the District of Florida in Florida and shall be subject to Florida law.
Less-than-Truckload (LTL) rates are based on origin/destination, distance, freight class as determined by the NMFC (National Motor Freight Classification), net shipping weight (including all packing materials, crating and or pallets( as a cost per pound and volume of space required for transit as cost per cubic foot and or length of truck. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.
Truckload (TL) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Full truckload shipments include (2) hours detention time at pickup and delivery. 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. Trade show shipments cannot be guaranteed. Truckload cancellations require 24 hour notice to avoid penalty at the rate of $500 or 30%, whichever is greater. Once Freightz.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 an equipment not used (EON) fee 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. Shippers Interest Contingent Cargo Liability Insurance
Company: Fireman's Fund Insurance Company
Policy Limit: $10,000 USD
Deductible: $100 USD Per Claim (excluding owner packed Household Goods).
$1500 USD deductible applies to owner packed Household Goods.
Through the purchase of the quoted cargo insurance, underwritten by Fireman's Fund Insurance Company, the enrolled customer, shipper or consignee will receive an insurance policy equal to the declared value amount entered. FAILURE TO PURCHASE 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 Certificate of Insurance is issued by Fireman's Fund Insurance Company and is bound by the terms and conditions of the cargo insurance policy.
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.
Policy Terms and Conditions
It is warranted by the Assured:
That the interest insured hereunder is in good condition at the commencement of coverage. That no claim for loss and/or damage shall attach unless, immediately on the first discovery of any loss and/or damage to any part of the interest hereby insured, written notice shall have been given to Fireman's Fund Insurance Company. In no event shall any claim be recoverable hereunder unless notice is given to Fireman's Fund Insurance Company within thirty days of the termination of this insurance.
That the value to be made good in case of the interest insured hereunder being condemned on or after arrival shall in no case exceed the sound market value, less usual charges, or the insured value, whichever may be the smaller.
New or Used Autos
Warranty - Each shipment must have a written pre-shipment report of condition noting any damages. If there is no pre-shipment report, coverage shall exclude claims for scratching, denting, bruising and cost of repairing.
1. frost damage and mechanical derangement unless caused by an external impact to the vehicle
2. loss of, or damage to the following: radios, cassette recorders, CD players and/or cassette players and similar equipment, any contents of the vehicle that are not a permanent part of the vehicle as it came from the manufacturer.
There is no coverage while the vehicle is being operated under its own power.
Household Goods and Personal Effects
- This policy is subject to a 100% coinsurance clause, so that if the property covered by this insurance shall at the time of the loss be of greater value than the sum insured, the Assured shall be entitled to recover hereunder such proportion of the said loss as the sum insured by this policy bears to the total value of the said property.
2. Pairs and Sets Clause
- Where any insured item consists of articles in a pair or set, this policy is not to pay more than the value of any particular part or parts which may be lost without reference to any special value which such article may have as part of such pair or set, nor more than a proportional part of the such pair or set.
- Underwriters' liability is restricted to the reasonable cost of repair and no claims shall attach hereunder for depreciation consequent thereon.
4. Mechanical and Electrical Derangement
- This coverage excludes loss of or damage due to mechanical, electrical or electronic derangement unless there is evidence of external damage to the insured item or its packaging.
This Policy excludes loss or damage due to moths, vermin, wear and tear, and gradual deterioration.
6. Replacement Clause
- In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered under this policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts, plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable, Provided always that in no case shall the liability of the Underwriters exceed the insured value of the complete machine.
7. Climate Conditions Clause
- This policy excludes loss or damage caused by climatic or atmospheric conditions or extremes of temperature.
8. Owner Packed Goods
- Coverage under this policy excludes breakage, scratching, denting, chipping, staining and tearing of owner packed effects, including trunks, suitcases and the like. Also excluding claims for missing items unless a valued list of contents is supplied by the owner prior to commencement of transit.
9. Excluded Goods
- Coverage does not apply to cash, notes, stamps, deeds, tickets, travelers' checks, jewelry, watches or similar valuable articles.
10. Accompanied Personal Effects
- This policy excludes loss in any form from an unattended vehicle.
Steel Sheets, Coils Bars, Billets, and the like
This Policy excludes loss, damage or expense caused by rust, oxidation, corrosion or discoloration absolutely. Coverage also excludes twisting, bending and distortion unless caused by a peril insured against.
Customer and Seller Packaging Terms And Conditions
1. Contract with Customer and Seller:
These terms and conditions, and the Service Order (as described below), are all the terms of the agreement among Freightz.com, the seller of the item(s) to be shipped ("Seller"), and the buyer or owner of the item(s) to be shipped ("Customer").
2. Service Order:
Seller or Customer shall provide electronic details through the Freightz.com user interface describing the item(s) to be shipped, accurate dimensions, accurate weights, the point of origin for the shipment, the point of destination for shipment, whether the shipment will be insured and the amount of coverage, and any other special instructions. By submitting the Service Order electronically, Seller or Customer shall be bound by the terms of the Service Order.
Shipping insurance does not cover consequential damages or loss caused by transportation delays. If shipping insurance is not requested by Seller or Customer, the shipment will not be insured.
Only Freightz.com has the authority to change any of these terms and conditions or the Service Order. The Service Order shall control in the event of any inconsistencies with these terms and conditions. The Service Order and these terms and conditions shall control in the event of any inconsistencies with any other transportation documents accompanying the shipment. ANY ATTEMPTED MODIFICATION OF THE SERVICE ORDER OR THESE TERMS AND CONDITIONS SHALL NOT BE BINDING UPON Freightz.com UNLESS SPECIFICALLY ACCEPTED BY Freightz.com IN WRITING.
4. Right to Reject Requests for Shipping Services:
Freightz.com reserves the right to reject any request for shipping in its sole discretion. Without limitation, any shipment containing any item that is considered a restricted article or hazardous material by the Department of Transportation (DOT), International Air Transport Association (IATA), or the International Civil Aviation Organization (ICAO), will not be shipped by Freightz.com. Shipments containing items that cannot be transported legally or safely, include, but are not limited to: