Customer, Shipper and/or Consignee (hereinafter collectively referred to as "Customer") agree to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. 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. 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. Customer also agrees to these TERMS AND CONDITIONS on behalf of any third party with an interest in the freight.
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
These TERMS AND CONDITIONS supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as stated herein. The General Rules Tariffs, set forth by the carriers, will in every instance take precedence in all legal proceedings and when in conflict, will take precedence over these TERMS AND CONDITIONS. Where a customer enters into a separate contractual agreement with the Company, only conflicting terms in 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.
As it relates to blind shipments, Company agrees to use diligent efforts to ensure that the non-blind shipment information is not disclosed per the blind shipment requestor's request. However, Company does not guarantee that the information requested to remain blind will not be revealed, disclosed and/or become known and neither Company nor the underlying carrier shall assume any liability to the blind shipment requestor or any third party for the release of such information, whether or not such release resulted from the fault of Company.
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, hazardous materials laws, import and export laws and governmental regulation of any state and 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, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. Customer is obligated to inform Company at time of tendering if any shipments contain hazardous materials. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with these regulations as necessary to establish its compliance with such laws, rules and regulations. Customer acknowledges and agrees that truck carriers provide transportation services subject to provisions, restrictions, and limitations in their truck circulars, and the truck circulars address, among other matters, standards for loading, blocking and bracing, prohibitions, and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities. 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 the provisions of this section. Customer agrees to indemnify, defend, and hold Company harmless for any and all loss, liability, claim, damages, or suit arising from the provisions of this section.
3. Payment
All Customers are subject to credit approval. Credit terms are subject to Company’s continued approval. Company may change credit terms and may establish and/or revise a credit limit at any time when, in Company’s opinion, Customer’s financial condition, previous payment record, and/or the nature of Customer’s relationship with Customer so warrants. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed payment terms. Any payment which is past due shall be subject to an additional charge at the rate of 10% per annum, calculated on a monthly basis, of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Overpayments do not accrue interest. 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 pickup, transportation, and delivery functions therein. 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. 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. Payment terms are (30) days from receipt of invoice unless both parties have agreed in writing to other terms.
Any outstanding balance of this account will be due and payable in accordance with this contract. If payment is not received in accordance with this contract, a finance charge equal to the lesser of one and one half percent (1-1/2%) per month (18% Annual Rate) and the maximum allowed by law will be added to the unpaid balance commencing on the invoice date. Any payment by you or acceptance by Fast Trac Transportation, LLC shall be deemed solely as a partial payment of the full amount due. No endorsement or statement on any check or any letter accompanying any payment shall be deemed an accord and satisfaction, Fast Trac Transportation, LLC may accept such check or payment without prejudice to Fast Trac Transportation, LLC’s right to recover the balance of all amounts due or pursue any other remedies available to Fast Trac Transportation under this Agreement or in law or in equity.
4. Claims and Limitations of Liability
The Company may assist in the claim filing process. If the Company is involved, they will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process with the carrier any freight loss or damage claims occurring in the course of the transportation services rendered to such Customer. The carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively. Customer agrees the Company, as a broker only, is not liable for any damages, except as stated hereafter. To the extent FastTrac Transportation, LLC is found negligent, FastTrac Transportation, LLC liability for cargo loss or damage will not exceed $100,000 per shipment (release value) unless shipper requests and increase in legal liability by a.) submitting a written request for higher release value, b.) paying an additional charge based on the increased release value, c.) obtaining written confirmation of the higher release value from an officer of carrier. Carrier in no event be liable for consequential damages.