In
tendering this shipment, the Customer, Shipper and/or
Consignee (hereinafter collectively referred to as “Customer”)
agrees to these TERMS which no agent or employee of the parties
may alter. This Bill of Lading is NON-NEGOTIABLE and has been
prepared by the Customer or by American Freight Company, Inc.
("Company") on behalf of the Customer and shall be deemed,
conclusively, to have been prepared by the Customer. The General
Rules Tariffs, set forth by the carriers provided as solutions
with Company, will in every instance take precedence in all legal
proceedings and when applicable, will take precedence over the
Company TERMS AND CONDITIONS stated herein. If not stated within
the carrier's General Rules Tariff, the Company 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.
Any unauthorized alteration or use of this bill of lading or the
tendering of this shipment to any carrier other than that
designated by Company, or the use of any bill of lading not
authorized or issued by Company shall VOID Company's obligations
to make any payments relating to this shipment and VOID all rate
quotes.
Company is a freight broker and NOT a freight carrier. Company
reserves the right, in its sole discretion, to refuse any shipment
at any time.
1. 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. 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. 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.
2. Necessary Documentation
The Customer is required to use the Company’s system generated BOL.
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 Company, where permitted by law, to
complete, correct or replace the documents for them at the expense
of the Customer. However, Company is not obligated to do so. If a
substitute form of Bill of Lading is needed to complete delivery
of this shipment and Company completes that document, the terms of
this Bill of Lading will govern. Company is not liable to the
Customer or to any other person for any actions taken on behalf of
the Customer under this provision.
3. Payment
All charges are payable in US Dollars and are due and payable
Seven (7) days from the date of billing, and 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. All funds received by the company will be applied to the
oldest (based on pick-up date) invoiced BOL that is outstanding.
In the event Company retains an attorney or collection agency for
the enforcement of these Terms and Conditions, Customer shall also
be liable for all attorneys fees incurred, together with related
costs and expenses.
All Customers are subject to credit approval. The Company 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 company.
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, and all duties, customs assessments,
governmental penalties and fines, taxes, and Company'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. Company shall have a lien on the shipment for all sums
due it relating to this shipment or any other amounts owed by
Customer. 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 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 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 Customer must file all freight cargo claims in writing
directly to the servicing carrier as selected. The individual
carrier's governing General Rules Tariff determines the standard
liability cargo insurance coverage offered by all carriers. If the
shipment contains freight with a predetermined exception value, as
determined by the selected carrier, the maximum liability will
override the otherwise standard liability coverage. The filing of
a claim does not relieve the responsible party for payment of
freight charges. In general, freight payment is necessary in order
for a carrier to process a claim. Please contact Company for more
details regarding carrier insurance or carrier liability.
Company is not liable for any loss, mis-delivery or non-delivery
caused by the act, default or omission of the Customer or any
other party who claims interest in the shipment, or caused by the
nature of the shipment or any defect thereof. Company is not
liable for losses, mis-delivery or non-delivery caused by
violation(s) by the Customer of any of the TERMS AND CONDITIONS
contained in the Bill of Lading or of the carrier's General Rules
Tariff including, but not limited to, improper or insufficient
packing, securing, marking or addressing, or of failure to observe
any of the rules relating to shipments not acceptable for
transportation or shipments acceptable only under certain
conditions. Company is not liable for losses, mis-delivery or
non-delivery caused by the acts of God, perils of the air, public
enemies, public authorities, acts or omissions of Customs or
quarantine officials, war, riots, strikes, labor disputes, weather
conditions or mechanical delay or failure of aircraft or other
equipment. Company is not liable for failure to comply with
delivery or other instructions from the Customer or for the acts
or omissions of any person other than employees of Company.
Subject to the limitations of liability contained in this Bill of
Lading and the carrier's General Rules Tariff, Company shall only
be liable for loss, damage, mis-delivery or non-delivery caused by
Company's own gross negligence. Company’s liability therefore
shall be limited to the fees that Company has earned with respect
to the subject shipment.
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. COMPANY CANNOT
GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT,
COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS OR INCOME, WHETHER OR NOT COMPANY HAD KNOWLEDGE THAT SUCH
DAMAGES MIGHT BE INCURRED
5. Insurance
The Customer, Shipper and/or Consignee may choose to purchase
freight Insurance from a third party insurer. This option may be
pursued by the shipper, but is done so independent of the American
Freight Company. The shipper understands that the actual freight
carrier is exclusively liable for the transportation of their
shipment and that American Freight Company has no responsibility, liability or
involvement in the issuance of insurance, the denial of insurance
or in the payment of claims.
In the event of cargo loss or damage, the Certificate Holder is to
contact the assured PAF as noted on the Certificate of Insurance
immediately. If the loss or damage is apparent, the consignee must
note such loss or damage information on the bill of
lading/delivery receipt. If the loss or damage is not apparent
(concealed), the certificate holder must contact the PAF within 3
days after taking delivery. Once a claim is filed, PAF or a
surveyor should one be appointed has complete discretion in
determining the dollar amount needed to properly repair or replace
the freight or portion of freight lost or damaged.
6. 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 Company’s website, or relating to any and all disputes
between 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 Pinellas County,
Clearwater, Florida or in the United States District Court for the District of
Clearwater, Florida and shall be subject to Florida law.
7. Rates
LTL rates are based on the freight class as determined by the NMFC
(National Motor Freight Classification) and are weight based.
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 charges may apply for charges including but not
limited to, Tractor Detention, Trailer Detention, and Driver
Assistance. A $350.00 charge will be assessed for all TL shipments
cancelled less than 4 hours prior to the scheduled day and time of
pickup. Expedited rates are based on actual or dimensional weight.
If an expedited carrier shipment contains oversize freight,
additional charges and transit days may apply. Blanket Wrap/High
Value Goods 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.
8. Guaranteed Services
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
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 date of invoice to file a claim request in
writing with Company. If Company does not receive a claim request
or receives the request after the allowable ten (10) business
days, the service provided by the 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, Company will credit
the account of the said Customer. In no event shall Company be
liable nor will any account be credited if the Customer does not
use Company’s Bill of Lading.
If you have specific questions regarding our services please call
......
