ITérminos y condiciones de servicio Declaración de aplicación
The following Terms and Conditions of Service are binding upon centraldispatchlogistics Freight Transportation, LLC («BROKER») and any shipper («SHIPPER») using the services of centraldispatchlogistics Freight Transportation, LLC, unless that shipper has in effect, prior to the date of service, a written agreement signed with centraldispatchlogistics Freight Transportation, LLC, in which case that signed agreement will supplement these terms and control in lieu of conflict. For all other shippers, these Terms and Conditions shall prevail. Use of the shipwithglt.com website and/or any communication with an email address on that domain, or the booking of any transportation service with BROKER shall demonstrate the use and acceptance of these Terms and Conditions.
In consideration of the mutual covenants set forth below, the SHIPPER contracts with the BROKER, and the BROKER agrees to perform the services herein set forth, under the following conditions:
1. DUTIES AND OBLIGATIONS OF THE SHIPPER
The SHIPPER shall provide a complete description of the goods for which transportation is being arranged, accurate information regarding the origin and destination of such shipments, and all other information necessary to complete the shipment’s transportation.
The BROKER’s standard payment terms require receipt of payment in cash prior to services. If the BROKER decides to extend credit to the SHIPPER, the SHIPPER shall make payment of the total invoiced amount for all loads arranged by the BROKER within fifteen (15) days of the invoice date. Should the SHIPPER fail to timely pay the BROKER’s invoice as required herein, the SHIPPER shall be liable for a fifteen percent (15%) late payment charge, eighteen percent (18%) interest, as well as any and all attorneys’ fees or collection fees incurred by the BROKER in an effort to collect such charges.
All payments made by credit card will be subject to a 3.5% convenience fee.
The SHIPPER agrees to be subject to any additional charges that may accrue, including equipment repair, accessorial charges, wait times, or unnecessary delays caused by the SHIPPER.
Except as provided herein, all claims shall be filed and resolved in accordance with the provisions of 49 CFR Part 370. The BROKER may assist the SHIPPER with carrier claims, but all claims must be made against the carrier and not the BROKER, who expressly has no liability for any loss, damage, or delay of any shipment arranged by the BROKER for the SHIPPER. Except as provided herein, liabilities and burdens of proof against the carrier shall be governed by federal law and by the provisions of 49 USC § 14706. All overcharge, duplicate payment, and over-collection claims shall be filed and resolved in accordance with the provisions of 49 CFR Part 378.
2. DUTIES AND OBLIGATIONS OF THE BROKER
The BROKER is a property broker authorized by the U.S. Department of Transportation.
The BROKER arranges for the transportation of goods on behalf of the SHIPPER but does not actually transport, consolidate, possess, or take dominion over the loads it brokers. The BROKER agrees to provide transportation services to the SHIPPER, including locating, contracting, qualifying, negotiating rates, and tendering a carrier, who will perform the actual transportation of the SHIPPER’s goods under the BROKER’s direction.
Carrier qualification shall be defined under these terms as receiving a certificate of insurance from the carrier showing at least the legally required minimum amount for valid authority and confirming the carrier’s valid authority.
The SHIPPER is aware and acknowledges that the BROKER is not a carrier and will never take actual possession, custody, or control of the shipments arranged on behalf of the SHIPPER.
The BROKER will only use carriers that have demonstrated their qualification by providing proof of operating authority and cargo insurance coverage as evidenced by a declaration page showing active coverage. The BROKER does not guarantee particular coverages or exclusions.
The BROKER shall be solely responsible for invoicing and collecting freight charges from the SHIPPER, and all carriers used by the BROKER to transport the SHIPPER’s goods have expressly waived all rights to collect or make demands upon the SHIPPER, consignor, or consignee directly.
The BROKER agrees to pay the SHIPPER’s freight charges on behalf of the SHIPPER and invoice the SHIPPER directly for the payment of such freight charges.
The BROKER’s invoice, upon written request by the SHIPPER, shall be accompanied by a copy of the bill of lading.
In the event the SHIPPER disapproves of a particular carrier, once a written request is delivered to the BROKER to cease using such carrier on the SHIPPER’s loads, the BROKER will cease using that carrier on the BROKER’s loads or seek a waiver of such prohibition before transport.
3. ROLES OF THE PARTIES
The BROKER is a transportation broker as defined by 49 USC §13102(2), arranging the transportation of goods of all kinds on behalf of its shipper clients.
The SHIPPER is a corporation or limited liability company seeking to contract a transportation broker to help locate carriers to transport the SHIPPER’s goods. The SHIPPER certifies that it has title, interest, or rights (including as an agent) to bind the goods and any beneficial owner thereof to these terms and to the terms of any underlying carrier to whom the load is ultimately tendered.
The BROKER is not a licensed customs broker and does not directly provide customs brokerage services. If the BROKER provides assistance in obtaining customs brokerage services, it does so solely as an intermediary, utilizing the services of a duly licensed customs broker at the SHIPPER’s request.
The BROKER is not an insurance company or licensed insurance agency. Upon the SHIPPER’s request, the BROKER may provide assistance as an intermediary helping the SHIPPER obtain insurance coverage from a licensed and duly authorized insurance seller or reseller.
4. RATES AND TARIFFS
The rates set forth in rate confirmations or quotations are designed to meet the various needs of the parties to these Terms and Conditions. Each shipment shall be accompanied by a rate confirmation and/or quotation that is expressly subject to these Terms and Conditions.
It is the SHIPPER’s duty to inquire directly of any carrier tendered hereunder about applicable rules or tariffs and how they might affect liability, claims, or other duties and rights between the SHIPPER and the carrier. The BROKER has no role with respect to such items and simply arranges for a carrier to perform the requested transportation at a specific agreed rate.
5. ELECTRONIC PAYMENT
The BROKER may present invoices electronically. The SHIPPER agrees to receive invoices electronically. The SHIPPER may transfer funds electronically to the BROKER’s designated bank. The BROKER and the SHIPPER agree to use their best efforts to utilize electronic payment and billing systems as soon as possible.
6. FORCE MAJEURE
Neither Party shall be liable to the other for failure to perform any of its obligations under these Terms and Conditions during any time when such performance is prevented by fire, flood, or other natural disaster, war, embargo, riot, civil disobedience, or the intervention of any governmental authority, or any other cause beyond the reasonable control of the BROKER or SHIPPER, provided that the Party so prevented uses its best efforts to fulfill these Terms and Conditions and provided, further, that such Party gives reasonable notice to the other Party of such inability to perform.
7. SHIPPING DOCUMENTATION
All bills of lading, delivery receipts, or other shipping documentation, aside from estimates, quotations, and rate confirmations exchanged directly between the SHIPPER and the BROKER, shall be the sole responsibility of the SHIPPER and shall not bind the BROKER in any way.
The SHIPPER’s designation of the BROKER on any bill of lading or delivery receipt shall be for informational purposes only and shall not modify these Terms and Conditions. Any statement made by the carrier shall not bind the BROKER in any way.
Upon the SHIPPER’s request, the BROKER shall provide copies of the carrier’s delivery receipts and bills of lading when the SHIPPER has instructed the carrier to retain copies of such documentation or have such documentation executed by the consignee.
The terms and conditions of any shipping documentation used by the SHIPPER and/or the carrier selected by the BROKER shall not supplement, alter, or modify these Terms and Conditions. In the event of a conflict, these Terms and Conditions shall prevail.
8. INDEMNIFICATION
To the fullest extent permitted by law, the SHIPPER agrees to indemnify, defend, and hold harmless the BROKER, its partners and affiliates, and all of its officers, directors, attorneys, agents, insurers, and employees from and against any and all claims, demands, actions, liabilities, judgments, losses, damages, expenses, costs, penalties, and fines, including third-party contribution claims, attorneys’ fees for injuries or alleged injuries of any kind to any person, including death and/or damage or alleged damage of any kind to any property arising out of the SHIPPER’s negligent acts or omissions, related to the delivery of hazardous materials, or improper or defective packaging, loading, or latent defects in the goods delivered for transportation.
In addition to their agreements set forth above, the BROKER and the SHIPPER shall mutually indemnify and save each other, their subsidiaries, and their respective officers, directors, and employees harmless from and against all liabilities, obligations, losses, damages, penalties, claims, actions, demands, costs, charges, and expenses, including, without limitation, reasonable attorneys’ fees and expenses which may be imposed upon or incurred by or asserted against such party by reason of any failure by the indemnifying party to perform its obligations hereunder or by reason of any misrepresentation by such party.
9. TERM
These Terms and Conditions shall be effective upon execution and shall continue in effect until terminated by either Party giving at least thirty (30) days written notice to the other Party of its intent to terminate. These Terms and Conditions shall apply to all transportation services arranged by the BROKER for the SHIPPER.
The SHIPPER’s booking of any shipment and the BROKER’s acceptance of such booking shall bind the parties to these Terms and Conditions.
10. GOVERNING LAW AND VENUE
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Missouri. Any and all disputes arising out of or related to these Terms and Conditions shall be brought in any state or federal court sitting in the State of Missouri.
11. SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect.
12. ENTIRE AGREEMENT
These Terms and Conditions, together with any rate confirmations or quotations issued hereunder, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings and agreements, whether written or oral, between the parties with respect to such subject matter.
No amendment or modification of these Terms and Conditions shall be binding unless executed in writing by both parties.
