Terms & Conditions
TransLogistics Transportation is the free service that simplifies
shipping freight whether truckload, LTL, domestic, or international
air, ocean transport, expedited and hot shot. The web site enables us
to provide 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, unless and until these TERMS AND CONDITIONS are
altered or amended by the Organization's issuance of new TERMS AND
CONDITIONS.
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") 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 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 thirty
(30) days from the date of shipment, and any payment which is past due
shall lose any applied discount (see payment terms contract for
details) and 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 California State Law, including the
California Unclaimed Property Act. 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 can
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 the Organization assists with a damage claim with carrier on
behalf of customer, 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 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 San Diego, California.
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 48 hours of
Customer's requested pickup, excluding weekends and holidays, weather
or national emergency. Trade show shipments cannot be guaranteed. If
Organization is unable to fulfill this pledge, we will credit your
account $100.00 USD toward your next Truckload. Truckload cancellations
require 24 hour notice to avoid penalty. Once Organization 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
$250 USD will be assessed. Air Freight rates are based on the greater
of actual or dimensional weight and the declared value must be entered
on the Bill of Lading by the customer for insurance coverage to apply.
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.
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