Standard Terms of Service CARRIER any branch office designated as Provider
General
CARRIER (herein referred to as the Provider) is a transportation, logistics and storage services operation. It provides drayage and other services to customers from several terminals/locations in the US. Customer can receive services from any of terminals in the Provider network. All terms and conditions specified in this document, apply to all branches. The branch selected for the service is referred in this document as Provider. It is a customer’s responsibility to select the proper branch office to provide the service. This document outlines and defines the conditions and terms of service, between The Provider and its customers (herein referred to as the Customer). Whereas the Provider strives to deliver superior service to Customer, this document provides the framework for those services. Full Truck Load (FTL) delivery services are provided for a full, sealed container or trailer. The Customer will receive an order confirmation with all information supplied for this delivery order (D/ O), including but not limited to, agreed upon charge. The Provider accepts no responsibility for any order unless and order confirmation has been electronically or otherwise delivered to the Customer. Depending on D/ O, charges might be amended to include changing execution conditions, fuel market changes, terminal delays, Hazmat, Reefers, Overweight Permits, Oversized Load, Liquor License and other applicable charges. All accessorial charges are subject to the final determination of the job performed and are a part of the original D/ O. At such times where there are changes during the execution of the job that effect charges, the customer is entitled to receive notification within 24 hours of those changes e.g. detention time associated with loading, or unloading a container, terminal congestion, delivery attempts, fuel and toll surcharges. The Customer guarantees that the containers are loaded and marked in a manner consistent with safe and USDOT compliant operation, do not endanger the public, or negligently place at risk personnel, cargo, or equipment.
The Customer is entitled to receive information regarding job progress in a timely and accurate manner. Notices will be provided by e-mail to customer’s representation that originated the original D/O. Notices will include, but not be limited to, the following information:
- Job Confirmation
- Appointment Schedule
- Congestion fees
- Driver Detentions
- Proof of delivery
- Seal Number
Quotes
Quotes are based on information provided by the customer. Price is based on one driver per truck and dock-to-dock delivery/ Pickup Distance is calculated, using available truck routes. Unless otherwise specified, price includes 120 minutes of free time on each end for loading/unloading for tractor/trailer service. Detention is calculated in 1/4 hour increments. Detention rate depends on the tractor/trailer& container combination used. Detention starts after the initial 120 minutes of free time was exhausted. Appointment time is within 1 hour of agreed upon time.
Quoted price has 3 components: (1) Line Haul- Reflects the normal truck driving distance between the origin (NY/NJ ports) and a consignee destination. Any extraordinary road detours resulting from construction, government instruction is in addition to the basic Line Haul rate. Line Haul rate is available on our website with designated login. It is updated periodically. The Line Haul rate that is nonbinding . It is provided as a reference for comparative purposes only. Distance is based on origin and a destination zip code,therefore it must be presented. (2) Fuel -Reflects fluctuating fuel consumption that is required to complete the D/O. It is subject to change without notice, and is determined when the order has been processed (3) AccessorialCharges-Reflect the charges incurred for job execution, that are outside of Line Haul and Fuel,those charges include, but are not limited to Chassis Rental, other preparatory expenses, special permits, signage, paperwork and the etc. Charges might be added, as job progresses and deviation from the original D/O are discovered.
Customer must refer to the quote number at the time of booking. Quoted rates are valid for 30 days, subject to fluctuations in fuel price and the other variables listed herein. The right is reserved to adjust quotes at any time, without notice, to account for changes in fuel price and other service components
Inaccuracy or Omissions
Any incomplete and erroneous information contained within the original D/ O is subject to a dispatching service charge and a Delivery Attempt in case of wrong location or sizing information designation.
Loading and Facilities
Customer is responsible to ascertain that all containers are properly loaded, cargo properly secured and the weight distributed evenly and in compliance with all regulations. Loading facilities are appropriate for the designated loads/ unloads There is adequate signage and facilities to maneuver and park the equipment for the designated purpose.
Overweight+TRI-Axle
Provider reserves the right to weigh any shipment for verifying weight for revenue billing and for conformance with federal state or municipal law and regulations regarding weight. Any container that has been determined to be overweight/oversize will incur scaling and overweight permit fees. Provider may choose to use Tri-Axles to comply with weight regulation. Advance written notification by Customer of overweight shipments is required. Provider may take whatever actions are necessary to bring equipment into compliance. Any fines or expenses resulting from overweight shipments, in addition to any permit fees, will be included in the invoice and charges to be paid for the shipment. prior to a release.
Delivery Attempt
Any work performed by the Provider to accomplish the original D/O, that did not result in container move will be subject to Delivery Attempt Charges. In addition, the rejected shipment will be returned to the point of origin and shipment will be treated as a new shipment and customer will be responsible for all Line Haul, Fuel and Accessorial charges.
Schedule changes
Any schedule changes by the Customer within 24 hours of planned the Port/ Delivery/ Pickup, are subject to rescheduling charges. These charges vary, based on delivery zone Changes in delivery that are a result of terminal congestion, road/ traffic condition, mechanical equipment failures, flat tires and other events that are outside the direct control of the Provider are considered force majeure and are complaint with the original schedule.
Chassis
Chassis can be supplied by the Provider. Provider assumes all responsibility forsupplied equipment. In case Provider has to use chassis supplied by the Customer (through a previous agreement with chassis pool) all responsibility for equipment maintenance, repairs, DOT compliance, delays in delivery, pick or migration between terminals are the sole responsibility of the Customer.
Hazmat
Customer accepts all U.S. Department of Transportation requirements governing hazardous materials. Among other requirements, the Customer must provide a legible bill of lading with proper Hazmat information, including the Customer’s certificate containing all required information such as emergency response number and hazardous material, MSDS information, and affix any required placards before or at the time that the shipment is tendered. Any miss-declared hazardous materials may be warehoused at the Customer’s risk and expense, or destroyed without compensation. Unless otherwise specified, quotes do not cover hazardous material or cargo containing hazardous material as defined by the US DOT. Shipments of hazardous materials will be subject to an additional charge.
C.O.D.
A charge of identified in a standard rate sheet will be added to the regular rate. However, the conditions listed below must be met. It is the sole responsibility of the Customer to make all arrangements for the C.O.D. transaction. a. All necessary instructions must be completely explained on the prenote or load tender, b. The specific form(s) of payment must also be explained on the prenote or load tender, c. Customer may incur redelivery charges and/or power detention if the C.O.D. transaction is not completed in a timely manner.
Reefer
Refrigerated cargo must be clearly identified in the D/O with well-defined temperature settings. There is a reefer monitoring and reefer fuel charge for all reefer equipment slated for delivery. Provider supplied Gensets are subject to load/Unload and use charges.
Customs or In Bond Freight
Shipments moving under United States customs Bond for U.S. Customs clearance at a point in the United States will be assessed a charge. Such charges shall be in addition to all other applicable charges. On shipments requiring the use of more than one trailer, such trailer shall be considered as a separate shipment for the purposes of this provision and subject to a $159.00 per shipment charge. Line haul charges on shipments requiring the U.S. Customs clearance at a point other than the destination will be assessed based on rates and charges applicable from point of origin to the point of U.S. Customs clearance, plus the rates and charges applicable from points of U.S. Customs clearance to the destination. Import freight moving in Bond may not be included in the same shipment on the same bill of lading and shipping order with freight not moving in Bond. Shipments moving under U.S. Customs Bond will not be allowed to stop in transit or split pick up or split delivery. Detention charges, if any will be assessed against the party responsible for the line haul charges. For applying storage rules and charges about shipments moving under U.S. Customs Bond, notification to the Deputy Collector of Customs that a shipment is available for Customs inspection will constitute tender of shipment for delivery.
Special Loads Distance Computations.
When shipments move under special permits required by and obtained from a state, municipal, or other governmental agency that specifies the route to be traveled by the motor vehicle, the mileage to be used for rate calculations shall be the mileage traveled via the route specified in the permits. A change in dimensions may change the route and rate
Orders Processing (D/O)
Customer will provide intended delivery orders that will include all information necessary to plan and execute those orders. The information will include as a minimum the following and it is subject to change with notice:
Imports:
Customer reference number:
Container id
Seal Id
Steam ship line
Last Terminal free date
Terminal to pick up
Terminal to return
Terminal Chassis pickup
Terminal Chassis return
Intended consignee:
Organization name
Location (Building #, Delivery door number,
Street, City, State, Zip code)
Consignee contact name and a contact phone
number +extension (if applicable)
Container type and size
Expected weight and value
Expected delivery date and time
Detailed Itemized Content
Person responsible for shipment
Person responsible for payment
Exports:
Customer reference number:
Booking #
Last steam ship line Cutoff date
Steam ship line
Terminal to pick up
Terminal to return
Chassis pickup
Chassis return
Intended Shipper:
Organization name
Location (Building #, Delivery door number,
Street, City, State, Zip code)
Consignee contact name and a contact phone
number +extension (if applicable)
Container type and size
Expected weight and value
Expected pick/up and terminal delivery date and
time
Detailed Content
Person responsible for shipment
Person responsible for payment
Customer will receive an order confirmation with all information provided for this D/O including the agreed upon charges. Depending on Delivery Order, those charges might be amended to include changing execution conditions, fuel market changes, terminal delays,Hazmat,Reefers,Overweight, Oversize, Liquor and other charges. All accessorial charges are subject to final determination and are a part of the original D/O.
Anytime there are changes during the execution that affect charges, customer is entitled to a notice within 24 hrs. of those changes i.e Extended load/unload time (driver detention), terminal congestion, fuel/toll surcharges and delays.
Invoicing
Jobs will be invoiced upon completion of customer delivery or pick up. The invoice date used will be that of the delivery date to the Customer for imports, while the customer pickup date will be used for export orders. Invoices will be e-mailed to the D/O Originator and to the individual/system accounting e-mail address that is provided by the customer (a total of two e-mail recipients). Any Discrepancy between the Provider’s invoice and the Customer’s understanding must be brought to the Provider’s attention within 3 business days. This discrepancy may result in a credit memo, or debit memo applied to that original invoice (to better serve the Customer, the Provider does not adjust original invoices). Invoice amounts are itemized for each line entry to the invoice, with a total amount due provided. Payments are dueupon receipt, unless specified otherwise on the invoice. In the event customers, do not pay their legally responsible charges for services any steps necessary to collect due can be initiated. ASSIGNMENT OF RIGHTS: Customer automatically assigns to Provider all its rights to collect all incurred charges from any responsible party and as such, Customer agrees to support and assist in all collection efforts against the shipper, receiver, consignor, consignee, or any other involved party.
Per diem/Demurrage
Provider will not accept liability for Demurrage and or Per Diem Charges if such charges are not due solely to their own gross negligence, including per diem charges that begin accruing after the date the equipment is dropped at a shipper/consignee or other location at the direction of the customer, shipper or consignee. Per Diem Charges - Billed to Provider. Provider.will charge to the Customer, the equipment owner’s actual or anticipated Detention Charges, less any portion for which Provider are solely liable. An administrative
charge of will added to any invoice submitted to Provider, regardless how the invoice was compensated, to cover administrative effort expended by Provider . Customer may be invoiced immediately upon return of the equipment to its rightful owner. Per Diem (Detention) Charges Billed Directly to Third-Parties: Detention Charges are often billed directly to the Customer or third party instead of Provider. This includes, but is not limited to, store-door Detention Charges for international moves, and EMPU, EMHU, NACS, CSX, and Pacer Stack train containers for domestic moves. Customer may then invoice provider for the portion of the Detention Charges for which it is liable. Customer may not invoice Provider for Detention Charges for any amount that is higher than Customer’s obligation to the equipment owner. Customer may not “short pay” freight charges or deduct charges from freight bills, unless authorized to do so, in writing, prior to the deduction. Provider will not accept invoices without proper backup documentation, or invoices that are received more than 30 days after equipment termination. provider reserves the right to dispute the charges within 30 days of receipt of the proper documentation and invoice. If Customer response to any such dispute is not received within 30 days, it will be presumed that the dispute has been accepted and the invoice voided. Per Diem - Calculation of Charges: Equipment owners typically charge escalating daily rates for Equipment Detention. Provider will only pay the “Average Daily Rate” for the per diem period. This is defined as the total amount of the per diem divided by the number of days.
Credit Limit/Order Limit (C/O Limit )
The Customer must complete the Provider’s credit agreement (included within the Providerpackage). The customer should request a credit limit/order limit that will reasonably accommodate the expected volume of business within a given 30-day period. The Provider will make the credit limit/order limit determination for the Customer’s account after reviewing the Customer’s credit application and outside credit references/services. Once the C/O Limit has been reached, the customer is entitled to receive notification and all outstanding invoices will be due and payable immediately. Late payments for invoices will incur additional charges.
Payment+Remittance advice
Customer will provide a complete and accurate
remittance advice. Remittance advice must
include Payee
Name and address, Providers original invoice
number, date of original invoice date. amount
paid. Short pays
will apply in the following order:
(1)Accessorial charges
(2)Fuel Charge
(3) Line Haul
In case payments are made by bank draft of
checks, special handling fee is assessed. Any
delays in payment
are subject to late payment fee. Payments that
donot include original invoice identifying
information will
incur additional processing fees. The Provider
encourages the Customer to remit payment
electronically.
Electronic payment information is included
within this package.
For customers that donot have a history of
business with Provider, prepayment with an
escrow are required.
Customer agrees to supply sufficient advice to
allow the provider to accurately apply payment
against the
invoices as intended by the customer. The
Provider will apply payments against the oldest
invoices, if such
advice is lacking. All remittances should be
made to:
For prompt application of your remittance to your account and to avoid late fee charges, we encourage our customers to use electronic payments.
Please advise Provider if you will be paying invoices electronically.
BANK:
JP Morgan Chase
ADDRESS:
PHONE NUMBER:
ACCOUNT NAME:
ACCOUNT NUMBER:
ROUTING NUMBERS:
ACH: 021202337
SWIFT: CHASUS33
ABA: 021000021
Fees on Past Due Accounts
Provider will assess late payment fees on all accounts that are outside agreed upon terms. In the event Provider deems necessary to retain the services of legal counsel to collect outstanding indebtedness, Customer shall pay all fees including but not limited to attorney’s fees, collection service fees and court filing fees.
Limitation of Liability+ Insurance choices
Unless otherwise agreed in writing as specifically set forth herein, Provider does not assume any liability limits greater than Fifty Cents ($.50) per lb.($500 limit per container) for the damage of loss of actual goods in their care.This is the default option Another insurance option has a $100,000 (one hundred thousand deductible) with $2.5/lb payout above the deductible for weights above the deductible , for documented actual loss. Customer can request different insurance coverage options, that provide deductible and different coverage options and associated fees, which are available upon request. By omitting or not specifying other insurance options or omitting declared cargo value, the default coverage is provided, as mentioned above. The insurance options provided above, satisfy the requirement of Carmack Amendment. By accepting the
proof of delivery document, customer accepts the compliance with Carmack Amendment for this and any other shipment. Provider and its affiliated companies do not assume any liability for incidental or consequential losses or concealed damage. Provider will not be liable for loss, damage, delay, or other results caused by (a) Act of God, public enemies, public authorities acting with actual or apparent authority, authority of the law, quantities, terrorist activities, or hazards or dangers or incident of state of war. All claims must be in writing and filed within thirty (30) days after the date of acceptance. Providers reserve the right to inspect all and such claims and recover all damaged good to mediate the loss, and liability limits. All claims will be handled directly by formally submitting a claim along with backup documentation and an invoice.
Entire Agreement
Unless otherwise agreed in any mutually accepted method, this Agreement contains the entire understanding of the Parties and supersedes all verbal or written prior agreements, arrangements, and understandings of the Parties relating to the subject matter stated herein. The Parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence may be introduced to reform this Agreement in any judicial or arbitration proceeding involving this terms of service. The fact that cargo was entrusted with the Provider is a sufficient proof that these terms of service were accepted and agreed upon.
I HAVE READ AND UNDERSTAND THE ABOVE TERMS AND AGREEMENTS, ADDITIONALLY BY SIGNING BELOW I ALLOW Provider TO VERIFY MY ACCOUNT HISTORY WITH REFERENCES PROVIDED. ALL INFORMATION PROVIDED IS CORRECT AND TRUE TO THE BEST OF MY KNOWLEDGE.
SIGNATURE: _____________________
Date: ______
PRINT NAME: ____________________
TITLE: __________________________
COMPANY: ______________________
CUSTOMER CONTACT INFORMATION
ForProvider to efficiently contact key personnel at your company, please provide the following information: