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 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 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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