Terms & Conditions
The enrolled Customer,
Shipper and/or Consignee (hereinafter collectively
referred to as "Customer") by hiring No Name
Logistics, inc. (hereinafter collectively referred
to as "Company") agrees to these TERMS AND
CONDITIONS which no agent or employee of the parties
may alter. These TERMS AND CONDITIONS shall apply to
all shipments scheduled by Customer, unless and
until these TERMS AND CONDITIONS are altered or
amended by the Company. The Company is licensed by
the Department of Transportation (DOT), Federal
Motor Carrier Safety Administration (FMSCA) and/or
other government agencies as required by law. The
Company reserves the right, in its sole discretion,
to refuse any shipment at any time.
THE COMPANY IS NOT A FREIGHT CARRIER OR AN AGENT FOR
A FREIGHT CARRIER.
The General Rules Tariffs, set forth by the
carriers, will in every instance take precedence in
all legal proceedings and when applicable, will take
precedence over the Company's TERMS AND CONDITIONS
stated herein. If not in conflict with the carrier's
General Rules Tariff, the Company's TERMS AND
CONDITIONS as stated herein shall control. Where a
customer enters into a separate contractual
agreement with the Company, that agreement will take
precedence over these TERMS and CONDITIONS.
1. Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been
prepared by the enrolled Customer or by ("The
Company") 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 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 this shipment and
VOID all rate quotes.
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 Company, where permitted by
law, to complete, correct or replace the documents
for them at the expense of the Customer. However,
the Company is not obligated to do so. If a
substitute form of Bill of Lading is needed to
complete delivery of this shipment and the Company
completes that document, the terms of this Bill of
Lading will govern. The Company is not liable to the
Customer or to any other person for any actions
taken or not taken on behalf of the Customer under
this provision.
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 Company 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
section.
3. Payment
All Customers are subject to credit approval. Upon
credit approval, all charges are payable in US
Dollars and are due upon receipt or upon agreed-upon
terms. 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. Overpayments do
not accrue interest and are subject to Florida State
Law, including the Florida Unclaimed Property Act.
In the event the Company 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 owed to the Company relating
to this shipment and the Company holds a
warehouseman's general lien on all tangible personal
property for any outstanding balances owed to the
Company.
The Company 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 received at the time of
the original quote, if additional services by the
carrier were required, or as otherwise necessary 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 Company does
not receive a dispute within the allowable thirty
(30) business days, the disputed item will be denied
by the Company.
4. Claims and Limitations of Liability
The Company will process claims in accordance with
49 C.F.R. 370. All claims should be submitted
immediately to the Company to help ensure timely
resolution. The Company will use commercially
reasonable efforts to assist and cooperate with
Customer to investigate and process any freight loss
or damage claims and any claim for damage to our
customer's property occurring in the course of the
transportation services rendered to such Customer.
The liability for any cargo damage, loss, or theft
from any cause shall be determined under the Carmack
Amendment, 49 U.S.C. 14706.
The Company will use the individual carrier's
governing General Rules Tariff which determines the
standard liability cargo insurance coverage offered
by all carriers. Those Tariffs can be viewed at the
Company's corporate offices. 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 maximum
amount that Customer will receive on a claim will be
that which is recoverable under the respective
transportation tariffs. The Company will not be
responsible in any way for claims arising out of
Customer negligence, Carrier's negligence, or the
negligence of any third party.
All claims must be submitted to the Company within
30 days after delivery. Claims for damages that are
not readily apparent ("concealed damage") must be
submitted to the Company within 3 days after
delivery. The filing of a claim does not relieve the
responsible party for payment of freight charges.
Freight payment is necessary in order to process a
claim. Customer may not offset freight or other
charges owed to Company against claims for any loss,
damage, mis-delivery or non-delivery. The Company
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.
In no case will the maximum cargo liability for new
goods be greater than $100,000 for a Truckload
shipment or $10 per pound for an LTL shipment. In no
case will the maximum cargo liability for used or
resold goods be more than $0.10 per pound for any
shipment. The Company does offer for purchase by the
Customer, upon request, shipper's interest cargo
insurance.
5. 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 Company's website,
or relating to any and all disputes between the
Company 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 Palm Beach County, Florida or in
the United States District Court for the District of
Flordia in West Palm Beach and shall be subject to
Florida law. Customer hereby irrevocably consents
and submits themselves to the personal jurisdiction
of said courts for all such purposes.
6. Rates
LTL rates are based on the freight class as
determined by the NMFC (National Motor Freight
Classification) which are based on the actual
description, size, and weight of the shipment.
Additional fees may apply for other charges
including appointment delivery, reweighs and
reclassifications, liftgate services, inside
delivery or various other accessorial services.
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. Once the Company 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.
7. 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. Shipments not delivered within
date/time specified on the bill of lading may not be
considered a service failure when the reason for the
delivery delay is deemed as no fault of the carrier.
These reasons could include, but are not limited to,
the following conditions: acts of God; the existence
of violence, riots, military action or such possible
disturbance as creating reasonable apprehension of
danger; acts or omissions by: shipper, consignee,
owner of goods or public authority; delays due to
customs clearance or documentation required for
movement of shipment; closure of Federal, State,
City or local roads, streets, or highways resulting
in travel delays by carrier; shipments not accepted
by the consignee when offered for delivery. 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
Company. If the Company 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 Company will credit the
account of the said Customer for freight charges
only. In no event shall the Company be liable nor
will any account be credited if the Customer does
not use the Company's Bill of Lading.
8. Misc.
THE COMPANY 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 COMPANY CANNOT GUARANTEE DELIVERY BY
ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE COMPANY
SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT
LIMITED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS OR INCOME, WHETHER OR NOT THE COMPANY HAD
KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
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