Shippersfriend.com, LLC (hereinafter collectively referred to as "Organization") is the free service that simplifies shipping freight whether truckload, LTL, domestic or international air, as well as small package services. The web site provides comparisons of numerous freight carriers or shipping companies and allows automated transport via ground, air, or rail.
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.
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") on behalf
of the Customer and shall be deemed, conclusively, to have been prepared
by the 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.
The Customer is required to use any properly formatted general
Bill of Lading. It is highly recommended that the customer use the Bill
of Lading available through the Organizationís web site. 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.
All charges are payable in US Dollars and are due and payable
fourteen (14) days from the date of billing, and any payment which is
past due shall be subject to an additional charge at the rate of 19%
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 Mississippi Law. 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.
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.
5.Claims and Limitations of Liability
The Organization will act as the primary point of contact for
claims and ensure that all claims are filed and processed in accordance
with 49 C.F.R. 370. All claims should be submitted immediately to the Organization
to help ensure timely resolution. The Organization 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 individual carrier's governing General Rules Tariff determines
the standard liability cargo insurance coverage offered by all carriers.
Those Tariffs can be viewed at the Organization'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 Organization's
liability for loss, delay or damage to shipper's goods extends only to
the insurance coverage provided by its contingent cargo insurance. The Organization will not
be responsible in any way for claims arising out of Customer negligence.
The Organization also has available for purchase by the Customer, upon
request, shipper's interest cargo insurance. 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. Customer
may not offset freight or other charges owed to Organization against claims
for any loss, damage, mis-delivery or non-delivery. The Organization 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.
LTL rates are based on the freight class as determined by
the NMFC (National Motor Freight Classification) and are weight based.
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
Additional fees may apply for charges including but not limited
to, Tractor Detention, Trailer Detention, and Driver Assistance. Providing
notice is given, the Organization assures coverage of Truckloads
within 4 hours of Customer's requested pickup, excluding weekends and
weather or national emergency. Once the 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 an equipment not used (EON) fee of up to $1000
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.
This service is not a guarantee for Pickup. Pickup Day
is not included in the qualification and calculation of LTL transit time.
is liable for all charges related to the shipment. In the
event of carrier failure to comply with the guaranteed
the Customer is
permitted ten (10) business days from the actual delivery
date of shipment to file a claim request in writing with
the Organization. If the Organization
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.
the event of carrier
failure to comply with the guaranteed service requested
and after the carrier has agreed to liability, the Organization will
the account of the
said Customer. In no event shall the Organization be liable
nor will any account be credited if the Customer does not
use a properly formatted Bill
of Lading, available through the Organizations web site.
8.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 the District Court of Attala County, Mississippi or in the United States
District Court and shall be subject to Mississippi law.
9.Insurance and Bonding Information
For information on insurance and bonding, please contact the corporate office in Kosciusko, Mississippi.