Terms of service.
The Customer ("Customer") hereby agree as follows:
Parties. Customer is a Shipper, Consignee, authorized Property Broker, or authorized Freight Forwarder of certain goods it wishes to have the transportation arrangement overseen or advised by Freight Essentials, LLC (Freight Essentials). Freight Essentials, LLC contracts with various freight carriers (“Carriers") and freight brokers (“Brokers”) as defined by Title 49 CFR on behalf of Customer for the purpose of arranging transportation of Customer's goods in interstate and foreign commerce. Freight Essentials reserves the right, in its sole discretion, to refuse any shipment at any time. Freight Essentials and the Customer may be collectively referred to as the "Parties" or individually either may be referred to as "Party" in this Agreement.
Tariffs; Terms and Conditions of Carrier. In the event of a conflict in the terms of this Agreement and applicable tariff then in effect with the carrier, this Agreement shall apply to the transport and shall take precedence in the interpretation of the rights and obligations of the Parties. Customer is responsible for requesting and reviewing tariffs in effect with a designated carrier.
Bills of Lading. The Customer shall complete all the appropriate documents required for carriage, in light of the services being sought, and the pick up or destination requested. In the event the Customer fails to timely and properly complete the appropriate documents, Freight Essentials may at its option, but without obligation, complete, correct or replace the documents. If a substitute form of BOL is needed to complete delivery of any shipment for any reason and Freight Essentials completes that document, the terms of the completed BOL will govern and Freight Essentials will be exonerated from all liability for undertaking such actions on behalf of the Customer. All Bills of Lading are non-negotiable and will have been prepared by the Customer or by Freight Essentials on behalf of the Customer in accordance with the Customer's instructions and approved by the Customer, and shall be deemed, conclusively, to have been prepared by the Customer. Freight Essentials shall have no obligation to make any payments or honor any rate quotes in any of the following instances: (i) the unauthorized alteration or use of bill of lading, or (ii) tendering of shipments to any carrier other than that designated by Freight Essentials, or (iii) the use of any bill of lading not authorized or issued by Freight Essentials.
Customer Representations and Warranties to Freight Essentials. The Customer represents and warrants that at all times during the term of this Agreement, it will be in compliance with all applicable laws, rules, and regulations, including applicable laws relating to customs, import and export required by country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the BOL such documents as are necessary to comply with such laws. Any individual or entity acting on behalf of the Customer in scheduling shipments or undertaking any other performance hereunder warrants and represents that he, she or it has the right to act on behalf of and legally bind the Customer. Freight Essentials assumes no liability for any loss or expense due to the failure of the Customer to comply with this paragraph.
Payment. All charges are payable in US Dollars and are due and payable fourteen (14) days from the date of invoice (Net 14) or within fourteen (14) days after a reasonable time for delivery has elapsed without offset or deduction, unless otherwise agreed upon by Freight Essentials and Customer in writing. Past due invoices shall be subject to an additional charge at the rate of 3% per month of the average outstanding balance due. After an account reaches “past due” status, Freight Essentials reserves the right to apply payments received to the oldest (based on invoiced date) invoiced BOL outstanding, whether or not a remit is provided at the time of payment. Overpayments do not accrue interest.
Credit Approval. Payment terms and credit limits are subject to credit approval, which shall be determined from time to time, in the sole and absolute discretion of Freight Essentials. The Customer grants Freight Essentials the right to perform such credit and background searches as Freight Essentials deems necessary. When paying by credit card or electronic funds, the Customer agrees it will be responsible for all charges due and owing, including any adjustments, on account of such Customer's shipment. Customer understands payment by Credit Card includes a 3.5% surcharge fee.
Determination of Charges. The Customer shall be liable for all charges payable on account of such Customer's shipment. Such charges may include transportation, fuel and other applicable accessorial charges made by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties, fines and taxes. Freight Essentials reserves the right to amend or adjust charges and to re-invoice the Customer in the following events: (i) if the original quoted amount was based upon incorrect information provided by the Customer; or (ii) if additional services by the carrier were required; or (iii) if the Customer authorized the carrier to perform the pick up, transportation and delivery functions other than contemplated by the BOL. Any dispute by customer of any invoice issued by Freight Essentials shall be made in writing, specifically indicating the nature of the dispute and made within 30 days from the date of the invoice. In the event Freight Essentials does not receive timely written notice of the dispute, the charges will be conclusively presumed to be valid.
Claims and Limitations of Liability. Customer understands the Carrier is liable for loss, damage, misdelivery or non-delivery caused by: (i) the act, default or omission of a carrier; and Freight Essentials is not liable for (ii) a violation by the Customer of any provision of this Agreement, the BOL, the carrier's tariff, including, improper or insufficient packing, securing, marking or addressing; or (iii) Customers failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; or (iv) acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment; or (v) the acts or omissions of any person other than employees of Freight Essentials; or (vi) Customers selection of carrier for a particular shipment. Customer acknowledges Freight Essentials' alleged liability shall be limited to the fees that Freight Essentials has earned with respect to the subject shipment and carrier is subject to 49 U.S. Code § 14706.
Insurance. The Customer will look to the Carrier’s insurance, Shipper's policy, or 3rd party insurance for loss or damage to goods in transit. Each carrier's governing tariff will determine the cargo liability coverage offered on any shipment. The Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the final processing of a damage or insurance claim. All freight cargo damage claims requested to be submitted on behalf of the customer by Freight Essentials must be submitted within 3 days of delivery for visible damage and within 5 days of delivery for concealed damage or per carrier’s governing tariff. Freight Essentials will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Freight Essentials has optional Shippers Interest Contingent Cargo Liability Insurance ("Third Party Insurance") available for purchase by the Customer. Freight Essentials has no responsibility or liability with respect to the issuance or denial of Third Party Insurance, or in the payment or denial of claims except as agreed by Freight Essentials.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FREIGHT ESSENTIALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SHIPMENTS, WAREHOUSED GOODS, ITEMS IN TRANSIT OR DELIVERIES OR WITH REGARD TO THE INFORMATION PROVIDED ON THE WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. FREIGHT ESSENTIALS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE.
Rates. "Less than Load" Rates ("LTL") rates are based on the calculated density and/or freight class as determined by the National Motor Freight Classification ("NMFC") and are weight based. 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 mileage based. Additional fees may apply for charges including, Tractor Detention, Trailer Detention, and Driver Assistance. Customer must tender this load to carrier at the agreed upon rate, or pay a "truck ordered, not used" penalty at cost. 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 delays may apply. Van Line rates are based on mileage, weight (actual or density) and commodity/product type. Flatbed rates are based on transport equipment type, mileage and weight. If a shipment includes over- dimensional 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.
Guaranteed Services. Freight Essentials may provide LTL guaranteed service options for additional charge, if requested by the Customer. LTL delivery times generally do not begin to run until the day after the pickup of the shipment, except as otherwise noted by the carrier selected. Guaranteed service transit times do not include holiday and/or "no service" days as defined by the individual carrier. Customer understands that “Guaranteed” services may not arrive on the date provided by the carrier and, in the event of delay, the carrier will only void the additional Guaranteed charges– the original shipment charges will require payment in full. The Customer is liable for all charges related to the shipment. In the event of a carrier's failure to comply with the guaranteed service requested, the Customer shall have fourteen (14) days from the actual delivery date of shipment to file a written claim request with Freight Essentials. If Freight Essentials does not timely receive a claim request within fourteen (14) days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will be considered invalid and denied. In the event of the carrier's failure to comply with the guaranteed service requested and after the carrier has agreed to liability and has paid the amount owed to Customer to Freight Essentials, Freight Essentials will credit the account of Customer with such amount and paid by the carrier. In no event shall Freight Essentials be liable, nor will any account be credited if the Customer does not use Freight Essentials’ BOL.
Binding Nature of Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors and assigns, except that no party may assign, delegate or transfer any of its obligations under this Agreement without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. This agreement shall be binding upon use of Freight Essentials services or designated shipment BOL.
Headings. The headings used in this Agreement are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of this Agreement.
Published 11/11/2022