|
|
|
|
|
These TERMS and CONDITIONS (the "Terms and Conditions") are agreed by the
parties to be the terms and conditions governing the relationship between the
Customer (as hereinafter defined) and The Freight Rate Company (the "Company").
Customer acknowledges and agrees that consent to these Terms and Conditions is a
condition precedent to the Company's obligtions hereunder. |
|
|
|
|
1. Identification of The Freight Rate Company. The Company is a non=asset based
freight company, commonly known as a freight broker. The Company is not a
freight carrier. |
|
|
|
|
|
2. Definitions |
|
|
|
|
|
|
|
(a) Customer. The term Customer, as used herein, shall refer to any person or
entity enrolled in the Service. With respect to a given transaction, the
Customer shall be the person or entity from whose account the order is made. |
|
|
|
|
|
(b) General Rules Tariffs. The term General Rules Tariffs, as used herein, shall
refer to the terms and conditions of carriage imposed by each carrier with
respect to shipments made with such carrier. |
|
|
|
|
|
(c) Service. The term Service, as used herein, shall refer to the online
brokerage service provided by the Company through The Freight Rate Company
division. |
|
|
|
|
|
|
3. Refusal of Shipment. The Company may, in its sole discretion, refuse any
shipment from Customer at any time. |
|
|
|
|
|
4. Privacy Policy. The Company's
privacy policy
, as amended from time to time, is incorporated herein by this reference. |
|
|
|
|
|
5. Credit Report. Customer authorizes company to credit check customer before
enrollment due to customer entering company's website, or contacting company by other
means. Customer hereby authorizes Company to perform credit checks of Customer based
on the information provided at the time of enrollment or thereafter and acknowledges that
the results will be used by Company to determine whether and to what extent credit will be
extended to Customer.
|
|
|
|
|
|
6. Enrollment. In order to utilize the Service, Customer must provide Company with any
and all information requested by Company. Upon receipt of the required information,
Company may perform a credit check of Customer and determine, in its sole discretion,
whether to enroll Customer in the Service. In the event that Company elects to enroll Customer,
Customer shall receive a password in order to access the Service. Customer is responsible for
any and all use of the Service utilizing Customer's account. |
|
|
|
|
|
7. Termination. Company may terminate Customer's enrollment in the Service at any time, in
Company's sole discretion. |
|
|
|
|
|
8. Bill of Lading. |
|
|
|
|
|
|
|
(a) When Customer orders a shipment through the Service, the Service will
generate a bill of lading based on the information input by Customer. Customer
agrees that it is required to use only the bill of lading generated by the
Service. If customer uses their own Bill of Lading there will be an additional
charge of Twenty (20) Dollars. The bill of lading shall be deemed, conclusively,
to have been prepared by the Customer, regardless of any participation by Company
in the creation thereof. Bills of lading are non-negotiable. 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 shall void the Company’s obligations to make
any payments relating to the shipment and void all rate quotes. If Customer does
not correctly complete all documents necessary for carriage, Customer hereby
instructs Company, where permitted by law, to complete, correct, or replace the
documents at Customer’s expense. Company is not obligated to do so. Customer
agrees that Company is not liable to Customer or any third party for any action
taken on behalf of Customer.
|
|
|
|
|
|
(b) Pickup and Delivery. The Company will be the only entity contacting the
carrier regarding pickup and/or delivery of shipments. Customer, Shipper, or
Consignee will not contact carrier for any reason. Pickup and Delivery are the
sole responsibility of The Company.
|
|
|
|
|
|
|
9. General Rules Tarriffs. The General Rules Tarriffs shall govern the relationship between
the carrier and the Customer, and where applicable will take precedence over these Terms and
Conditions. If an issue is not addressed in the General Rules Tarriffs, then these Terms and
Conditions shall control. Additional charges may apply based on each carrier’s General Rules
Tarriffs. Additional charges may apply for oversized cargo.
|
|
|
|
|
|
10. Rate Determinations. |
|
|
|
|
|
|
|
(a) Truckload. Truckload 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 tractor detention, trailer detention, and driver
assistance. In the event that Customer fails to tender the load to carrier once
the carrier has been contracted to fulfill the pick up, Customer agrees to pay
to Company a One Hundred and Fifty and no/100 Dollars ($150.00) cancellation fee.
|
|
|
|
|
|
(b) Less than Truckload (“LTL”). LTL rates are based on the freight class
pursuant to the National Motor Freight Classification and are weight based.
|
|
|
|
|
|
(c) Quick Quotes. A Quick Quote rate is the most inexpensive rate at the time
it's requested by customer. It is only accurate for a "paticular carrier". A
Quick Quote rate is not accurate for all the carriers in the Freight Rate
system. Customers must check quick quotes daily to receive an accurate rate
which is also subject to change daily.
|
|
|
|
|
|
(d) Air. Air rates are based on the greater of actual or dimensional weight (as determined by the carrier.
|
|
|
|
|
|
(e) Van Line. Van Line rates are state to state, mileage, weight (actual or density),
and commodity or product type based.
|
|
|
|
|
|
(f) Flatbed. Flatbed rates are equipment type, state to state, mileage, weight, and
equipment type based.
|
|
|
|
|
|
(g) Estimates. All transit dates and times for any and all shipments moved with
company including pickup/delivery dates and times are not guaranteed by company and/or
carrier. Transit dates and times, delivery dates and times, and pickup dates and times
are estimates only. Company and Carrier are not responsible for any late charges,
labor charges and any and all charges that customer will back charge to company and/or
carrier because of perceived late pickup and delivery of any and all shipments. Transit
times do not include day of pickup, weekends and holidays.
|
|
|
|
|
|
(h) All out-of-route miles will be the cost-per-mile rate on state-to-state
charges.
|
|
|
|
|
|
(i) Truck Load (Van/Reefer and Flatbed) stop off charges are $100 per stop.
And $200 per stop for 3 stops or more.
|
|
|
|
|
|
(j) Even though liftgate service is requsted some carrier terminals "do not"
provide these services. Please contact The Freight Rate Co.'s customer service
department for more information. Lift Gate minimum charge is One Hundred (100)
dollars. Lift Gate charge is Four (4) dollars per hundred lbs.
|
|
|
|
|
|
(k) Company has the option to move any shipment through its volume LTL Program.
|
|
|
|
|
|
(l) Truckload van or flatbed pickups and/or deliveries to or from airports,
contruction sites or convention centers will be spot market quotes. Companies
online quotes will not be used.
|
|
|
|
|
|
(m) Due to seasonal market fluctuations equipment availability will at times
not meet online pricing by company on van and/or flatbed truckload. Spot market
pricing would be provided by company to ensure equipment availability.
|
|
|
|
|
|
|
11. Guaranteed Services. In the event that Customer and a carrier agree on guaranteed
service for an LTL service, then the following terms shall apply. Transit times are included
in the guarantee only to the extent provided by the selected carrier, do not include holiday
and/or no service days as defined by the selected carrier, and do not include the pick up
day. This service is not a guarantee for pick up. In the event that carrier fails to comply
with the guaranteed service requested, Customer shall file a written claim with Company
within ten (10) business days from the actual delivery date of the affected shipment (the
“Notification Period”). If the Company does not receive a written claim from Customer within
the Notification Period, the service provided by the carrier will be deemed to have met all
of the guaranteed service standards. In the event that carrier fails to comply with the
guaranteed service requested and carrier acknowledges same, Company will credit Customer’s
account to the extent agreed upon in the service guarantee. In no event will Company credit
Customer’s account if Customer does not use Company’s Bill of Lading.
|
|
|
|
|
|
12. Customer’s Representations and Warranties. Customer represents and warrants that it will
comply 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 represents and warrants that it
has the legal right to engage Company and the carrier to perform the services requested
hereunder, and to provide Company and carrier with any and all information and materials
necessary or desirable for Company and carrier to perform these services.
|
|
|
|
|
|
13. Payment. Customer shall pay to Company the amount indicated as Amount Due on the payment
page of the Service. All payments are by credit card and must be received before carrier will
be notified of shipment. If credit is given by company all amounts are due and payable in US
Dollars within fifteen (15) days of the date of billing (“Payment Period"). Any amounts not
disputed within the Payment Period shall be deemed accepted by Customer. All amounts not paid
when due shall be subject to a late fee of One and one-half percent (1½%) per month or the
highest rate of interest permitted by applicable law, whichever is less. Overpayments will
not accrue interest and are subject to Florida law, including the Florida Disposition of
Unclaimed Property Act. In the event that Company is required to engage an attorney or
collection agency to collect unpaid amounts from Customer, Customer agrees to pay all
attorneys’ and collection agency fees incurred. If Customer pays by credit card or electronic
funds transfer, Customer agrees that Customer is responsible for all charges payable,
including any adjustments, on account of Customer’s shipment and that such charges will be
automatically debited to Customer’s credit card or bank account. These charges include, but
are not limited to, any type of "additional services" that are referenced to the Company's
web site and services that are in the "general rules tariff" of the carrier that was used for
any and all shipments.
|
|
|
|
|
|
14. Joint and Several Liability. Customer agrees that Customer shall be jointly and severally
liable 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 Company’s attorneys’ fees and legal costs
allocable to the shipment and/or all disputes related thereto. Customer further agrees that
if Customer is acting as an agent for a third party that Customer has full right and
authority to do so and that Customer and the party on behalf of whom Customer is acting are
jointly and severally liable for all charges payable on account of each shipment.
|
|
|
|
|
|
15. Taxes. Customer shall, in addition to the other amounts payable under these Terms and
Conditions, pay all taxes, federal, state, or otherwise, however designated, which are
levied or imposed by reason of the transactions contemplated herein. Without limiting the
foregoing, Customer shall promptly pay to Company an amount equal to any such items paid,
or required to be collected or paid, by Company.
|
|
|
|
|
|
16. Liens. Customer acknowledges and agrees that Company shall have a lien on any shipment
for any and all sums due from Customer, whether related to the affected shipment or
otherwise. Where company files a claim with a carrier on behalf of Customer and receives
funds as a result thereof (regardless of the nature or designation thereof), the Company
has a lien on such amounts and may, in its sole discretion, apply these amounts to any
amounts due Company from Customer.
|
|
|
|
|
|
17. Claims. Customer agrees to immediately file any and all claims with the Company. The
selected carrier’s governing General Rules Tariff shall determine the standard liability
cargo insurance coverage. If the affected shipment contains freight with a predetermined
exception value, as determined by the selected carrier, the maximum exception liability
will take precedence over the standard liability coverage. Customer acknowledges and agrees
that payment of all freight charges is necessary in order for the carrier to process
Customer’s claim. Company will attempt to assist in the resolution of claims submitted to
Company, but Customer agrees that Company has no responsibility or liability therefore.
|
|
|
|
|
|
18. Amendment of Terms and Conditions. Customer agrees that Company may amend these Terms
at any time and in its sole discretion. Customer acknowledges and agrees that such
amendments shall be effective from the time that they are posted by Company and shall
govern any shipments ordered after such time.
|
|
|
|
|
|
19. Confidentiality. Customer acknowledges and agrees that the information generated by the
System for Customer is confidential to Company and will not be disclosed to any third party
other than employees or agents of Customer whose knowledge is necessary to the implementation
of the services contemplated hereunder and who Customer agrees to cause to comply with the above
confidentiality requirements.
|
|
|
|
|
|
20. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
|
|
|
|
|
|
21. Limitation of Liability. Company is not liable for any loss, damage, mis-delivery,
or non-delivery, unless such results from Company’s gross negligence. Customer agrees that
Company’s entire liability, if any, for any claim(s) which are made against Company, whether
based in contract, negligence, or otherwise, shall be limited to the fees that Company has
earned with respect to the affected shipment(s). In no event will Company be liable for any
consequential, exemplary, incidental, indirect, or special damages, arising from or in any
way related to, these Terms and Conditions or relating in whole or in part to Customer ’s
rights hereunder, even if Company has been advised of the possibility of such damages.
|
|
|
|
|
|
22. Indemnity. Customer shall defend, indemnify, and hold harmless the Company, its officers, agents,
and employees from and against and all third-party claims, actions, causes of action, liabilities,
damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to any
facts or alleged facts which, if true, would constitute a breach by Customer of these Terms and
Conditions.
|
|
|
|
|
|
23. Survival. Upon the termination of this Agreement, the provisions of paragraphs 12
through 16 and 19 through 24 shall survive.
|
|
|
|
|
|
24. General Provisions. |
|
|
|
|
|
|
|
(a) Entire Understanding. These Terms and Conditions contains the entire
understanding between the parties and supersede all previous agreements.
|
|
|
|
|
|
(b) Notices. All notices, requests, consents and other communication hereunder
shall be in writing, and shall be either (i) delivered by hand, (ii) made by
telex, telecopy, e-mail or facsimile transmission, (iii) sent by overnight
courier, or (iv) sent by registered mail, return receipt requested, postage
prepaid. All notices, requests, consents and other communication hereunder shall
be deemed to have been given (i) if by hand, at the time of delivery thereof to
the receiving party, (ii) if made by telex, telecopy, e-mail or facsimile
transmission, at the time that receipt thereof has been acknowledged by
electronic confirmation or otherwise, (iii) if sent by overnight courier,
on the next business day following the day such mailing is made, or (iv) if
sent by registered mail, on the fifth business day following the day such mailing
is made.
|
|
|
|
|
|
(c) Attorneys’ Fees. In connection with any litigation arising out of these Terms
and Conditions, the prevailing party shall be entitled to recover all costs
incurred, including reasonable attorneys’ fees, whether incurred during
settlement, at trial, or on appeal.
|
|
|
|
|
|
(d) Waiver. The failure of Company at any time to require the performance of any
of the provisions herein, shall in no way affect the rights of Company to enforce
the same, nor shall the waiver by Company of any breach of any provisions
hereunder, be construed to be a waiver of any succeeding breach or as a waiver
or modification of the provisions hereof.
|
|
|
|
|
|
(e) Governing Law; Jurisdiction; Venue. The parties hereto agree that it is their
intention, and covenant, that these Terms and Conditions shall be governed by the
substantive and procedural laws of the State of Florida, without regard to its
conflicts of laws provisions. In the event of any litigation arising out of or
relating to these Terms and Conditions, each party hereby irrevocably consents
to the jurisdiction of the courts of the State of Florida, County of Volusia,
or any appropriate federal court located in the district which includes the
County of Volusia (the "Florida Courts") and hereby waive any and all objections
to venue in the Florida Courts.
|
|
|
|
|
|
(f) Force Majeure. Any delay in or failure of performance by a party under this
Agreement shall not be considered a breach of this Agreement if and to the extent
caused by events beyond the reasonable control of such party, including but not
limited to Acts of God, embargoes, governmental restrictions, strikes, riots,
terrorist attacks, wars, or other military action, civil disorders, rebellion,
fires, floods, vandalism, power outages, or sabotage.
|
|
|
|
|
|
(g) Severability. Each of the provisions of this Agreement shall be enforceable
independently of any other provisions of this Agreement and independent of any
other claim or cause of action.
|
|
|
|
|
|
(h) Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the heirs, personal representatives, successors and assigns of the
parties hereto.
|
|
|
|
|
|
(i) Headings. The headings herein are inserted as a matter of convenience only,
and do not define, limit, or describe the scope of this Terms and Conditions or
the intent of the provisions hereof.
|
|
|
|
|
|
(j) If customer's customer is requesting and /or requests carrier to provide
certain services including but not limited to Liftgate,inside delivery etc...or
any other type of services and does get service approved by customer and/or
company, customer will be charged for the service. Service must be documented by
carrier, customer is responsible to pay company for the service.
|
|
|
|
|
|
(k) Working out of a residence does not constitute a buisness pickup and/or
delivery. Many times carriers will consider a company that works out of a
residential area in a light industrial park or a residential area a resdential
delivery depending on the carrier's tariff. Depending on the carrier's tariff a
residential charge could apply. If customer is unsure customer must call company
to verify and receive email for verification.
|
|
|
|
|
|
|
25. Additional Charges. The Freight Rate Company reserves the right to process payment with the
customer's credit card for any additional charges incurred by but not limited to: additional/
unspecified/incorrect: weight, classification or accessorial charges for this shipment or any
future shipments. |
|
|
|
|
|
|