Terms and Conditions Expedited Freight

GROUND AIR EXPEDITE LOGISTICS, LLC D/B/A THE EXPEDITED COMPANY OPERATES UNDER BROKER AUTHORITY (MC #1039475) AS ISSUED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION. THE EXPEDITED COMPANY ASSUMES NO LIABILITY EXCEPT AS DEFINED IN THE FOLLOWING TERMS AND CONDITIONS, OR OTHERWISE EXPLICITLY AGREED TO IN WRITING.

LESS THAN TRUCKLOAD and TRUCKLOAD – Over The Road (OTR) Brokerage Shipments
By engaging Ground Air Expedite Logistics, LLC D/B/A The Expedited Company (hereinafter referred to as “The Expedited Company”) to coordinate transportation of goods by third party carriers (hereinafter referred to as “Carriers”); Shipper/Consignee/ The Expedited Company‘s Customer (collectively hereinafter referred to as “Customer”) agree to the following terms and conditions. These terms and conditions are non-negotiable and binding upon all parties employing the services of The Expedited Company, unless otherwise agreed to in writing. No employee, agent or independent contractor of The Expedited Company has the authority to waive any of the terms and conditions contained herein.
Customer, in engaging The Expedited Company for the arrangement of transportation for full Truck Load (TL) shipments, Less Than Truckload (LTL) shipments, and shipments handled by (Company Name) in a managed transportation environment, agree that all such moves will be arranged by (Company Name) solely under their Broker Authority issued by the Federal Motor Carrier Safety Administration (FMCSA) (MC# 1039475) unless otherwise agreed to in writing. Customer agrees and understands (Company Name) is a Broker and not a Motor Carrier. Customer understands (Company Name) has no liability for loss or damage to goods in transit or any other liability unless stated within these terms and conditions.
The Expedited Company shall engage in all commercially reasonable efforts to ensure that Carriers it contracts: (i) hold valid operating authority and insurance in compliance with the applicable federal regulations, (ii) will transport shipments on a bill of lading with terms no less favorable to the Customer than the terms of the Uniform Straight Bill of Lading, (iii) agree to process valid cargo loss and damage claims in accordance with 49 C.F.R. 370, (iv) provide a Certificate(s) of Liability Insurance certifying/evidencing that insurance policies of $1,000,000 in Automobile Liability insurance and $100,000 in Motor Truck Cargo Liability insurance have been issued in Carrier’s name. (All terms and conditions and exclusions of contracted Carrier’s insurance policies apply.)
Customer understands and agrees that Carriers contracted for the transportation of goods may impose terms and conditions of their service(s) not stated in these terms and conditions, including but not limited to: accessorial charges, limiting their liability for loss, damage or delay, packaging requirements, accessorial service charges, fines and penalties. Customer acknowledges and agrees that The Expedited Company is not obligated to inform Customer regarding any such rules, liability limitations, or other terms or conditions of a Carrier that may apply to services rendered. Note: Any requested changes or corrections to shipment documentation will be subject to a charge of $75.00 per occurrence.
Customer understands and agrees that Carriers contracted by The Expedited Company may have underlying rules tariffs that contain exclusions pertaining to certain commodities, and/or limit their liability based on “released values” assigned to different commodities. Carriers contracted by The Expedited Company may also limit their liability to $.25 (twenty-five cents) per pound or less for, but not limited to, the following commodities: used goods, used machinery, reconditioned goods, electronics, desktop computers, laptop computers, tablet computer devices, cellular phones, personal effects, alcoholic beverages, beer, wine, perishables, produce and other applicable commodities not mentioned here.
The Expedited Company is not an Insurance Company, Insurance Broker or Insurance Agent. The Expedited Company is under no obligation to procure insurance on behalf of Customer. If Customer desires insurance coverage, Customer may obtain such coverage directly from Customer’s choice of insurance providers.
Excluded Commodities – The Expedited Company will not accept or agree to arrange transportation for the following commodities: cash, specie (money in the form of coins rather than notes), bonds, securities and other negotiable papers, evidence for a trial, shipments traveling “in bond”, human remains, eggs, live animals, firearms, explosives, ammunition, goods prohibited by law, antiques, artwork (original or reproduced), automobiles, motorcycles, furs, fur clothing and household goods.
Customer warrants that all shipments will be tendered to Carriers in good order and condition and will be properly described on the applicable bill of lading. Customer further warrants that all packages will be properly marked, labeled, and addressed, and that their contents will be adequately packaged and secured as to prevent damage during the rigors of normal transportation. Customer acknowledges that it will strictly adhere to any applicable packaging guidelines set forth by the National Motor Freight Classification (NMFC) or other applicable industry loading standards.
The Expedited Company does not guarantee that Carriers it contracts will pick-up, transport or deliver by a stipulated date or a stipulated time, nor shall (Company Name) be liable for any consequences arising from the Carrier’s failure to do so.
Receipt of any shipment by the consignee or the consignee’s agent, without written, detailed notice of exception on the delivery receipt or bill of lading, shall be considered prima facie evidence that the shipment received ordinary care and handling and was delivered in good order and condition by the Carrier contracted with The Expedited Company.
In the instance of a valid Cargo loss or damage claim, The Expedited Company, as an accommodation to Customers, will help facilitate the cargo claims process for claims over $50.00 (fifty dollars). Customer agrees that prior to filing claims, it will mitigate its losses. Customer further agrees that it will retain all products and packaging materials, regardless of their condition, until advised otherwise by Carrier. Customer agrees to provide a contact name and telephone number in order for Carrier engaged by The Expedited Company to arrange for inspection of the goods being claimed or for the salvage pickup of merchandise claimed as a total loss. Failure to retain salvage or properly notify the Carrier of the reason mitigation or repair of claimed goods is not possible may result in rejection of the claim by the Carrier. Customer agrees and acknowledges the prima facie evidence in all cargo claims is the damage noted delivery bill of lading and/or the Carrier’s delivery receipt. Customer agrees and acknowledges that claims for concealed damage will not be filed by The Expedited Company.
In order for The Expedited Company to facilitate the cargo claims process, claims must be made in writing and sent to The Expedited Company at Claims@TheExpeditedCompany.com within ninety (90) days of delivery date. All submitted claims will be filed against the applicable Carrier on behalf of Customer.
Customer agrees to provide The Expedited Company with all necessary and appropriate support documentation prior to The Expedited Company filing a loss or damage claim on their behalf. Required documents include, but are not limited to: The Expedited Company Claim Form, Bill of Lading, loss/damage notated delivery receipt, commercial invoice, pictures, receiving or OS&D report, inspection report, repair invoice, and detailed mitigation records.
Claims for loss and damage of regulated commodities are governed by the regulations published at 49 C.F.R. 370. Carriers contracted by The Expedited Company have thirty (30) days to acknowledge receipt of claims. Carriers also must pay, decline, or make a firm compromise settlement offer in writing or electronically to the claimant within on hundred and twenty (120) days after receipt of the claim by the Carrier. However, if the claim cannot be processed and disposed of within one hundred and twenty (120) days after the receipt thereof, the Carrier shall, at that time and at the expiration of each succeeding sixty (60) day period while the claim remains pending, advise the claimant in writing or electronically of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon. Customers have two (2) years from the date a claim is denied to file a suit to recover its loss from the actual Carrier.
The Expedited Company shall use reasonable efforts to collect or negotiate settlement of all claims. All funds recovered or collected in satisfaction of loss or damage claim will be passed on to Customer. Customer retains the right to file cargo, loss and damage claims with the motor Carrier directly if it so chooses.
Customer agrees that it shall not set off monies due The Expedited Company in lieu of unpaid cargo loss and damage claims.
Customer agrees that The Expedited Company reserves the right to set-off open freight charge balances against any monies received for the payment of cargo loss and damage claims.
Payment of invoices for services provided are due fifteen (15) days from the presentation of the invoice (invoice date) unless extended payment terms are agreed upon in writing. Any invoice not paid within fifteen (15) days from invoice date is deemed past due and subject to additional fees. If charges invoiced for services provided are not paid in full within fifteen (15) days from invoice date, The Expedited Company may assess a late payment charge up to 1.5% monthly or the maximum rate amount permitted by law, on the unpaid balance. In the event collection efforts or legal action is necessary to recover monies due, customer agrees to pay all costs and legal fees associated with such actions.
The Expedited Company shall use reasonable care, diligence, and skill to provide services and makes no other express or implied warranty in connection with the services it provides or the services provided by the Carrier with whom The Expedited Company contracts.
The Expedited Company shall not be liable to Customer for any negligent or intentional act, omission, or inaction of Carriers it engages on Customer’s behalf, including without limitation, any delay or loss that occurs while a shipment is in the custody or control of the Carrier. Customer shall bring all claims involving any negligent or intentional act, omission, or action solely and directly against the liable Carrier.
In no event shall The Expedited Company be liable or responsible for any actual, consequential, special or incidental damages including, but not limited to: Customer’s lost profits, loss of goodwill, increased overhead, income, interest, utility or loss of market; resulting from the arrangement of transportation of shipments regardless of The Expedited Company’s or the contracted Carrier’s knowledge that such damages might be incurred.
Customer agrees that the insertion of The Expedited Company name as the “carrier” on the bill of lading is for customer’s convenience only and in no way imposes any liability on The Expedited Company or changes The Expedited Company status as a Broker.
The Expedited Company shall be liable only for its own actions and omissions. In no instance shall The Expedited Company liability ever be greater than $100.00 (one hundred dollars).
Customer agrees that these terms, conditions and liabilities shall be binding upon all shipments arranged by The Expedited Company. Should any provision of these terms be held invalid or unenforceable, the remainder of the provisions and the application thereof, other than those provisions as to which it shall have been held invalid or unenforceable, shall not be affected and shall be considered valid and enforceable.

B – OCEAN FREIGHT / NVOCC / OTI SERVICES:

Customers engaging (Company Name) for Ocean Freight (operating number) services, agree and understand that the terms and conditions of the Ocean Bill of Lading apply to all shipments.
Carrier liability will be the same as indicated under 46 U.S.C. §1300-1315 (The Carriage of Goods by Sea Act – COGSA).
Ocean freight liability will be no greater than $500 per “package” or “customary freight unit.”
If Customer is declaring a higher value (DV), Customer agrees to pay any and all charges associated with excess valuations.
Claims for loss/damage must be filed within three (3) days of delivery.

Note: Subsequent terms of the Ocean BOL may also apply.

C – FREIGHT FORWARDING / AIR FREIGHT SERVICES:

Customers engaging The Expedited Company as a Freight Forwarder (FF number) understand and agree that the terms and conditions of the Air Way Bill apply to all shipments.
The Expedited Company’s liability when acting in the capacity of a freight forwarder will be no greater than $.50 (fifty cents) per pound, regardless of transportation mode, for domestic shipments and international shipments originating in the United States.
For international shipments, liability will be limited to 19 SDRs per Kilo. (2.2 Lbs.) SDR = Special Drawing Rights.
If Customer is declaring a higher value (DV), Customer agrees to pay any and all charges associated with excess valuations.
Claims for loss/damage must be filed within fourteen (14) days of delivery.
Claims for delay must be filed within twenty-one (21) days of delivery.

Note: Subsequent terms of the air waybill may also apply.

D – RATE AND FEE QUOTATIONS: Quotations as to fees, rates of duty, freight charges and other brokerage service charges given by The Expedited Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon The Expedited Company unless The Expedited Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation.

E – INDEMNITY: Customers employing The Expedited Company for any of its services shall forever indemnify and hold harmless The Expedited Company, its parent company, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, contractors, representatives, from any and all claims, damages, losses, lawsuits, administrative proceedings, all other proceedings, liabilities, costs, and expenses. By way of example and not limitation, the foregoing shall include claims for property damage, personal injuries; fines and penalties; the expenses of domestic and international travel; storage and demurrage charges; lodging and meals; and the fees of consultants, experts, and attorneys.

F. Terms and Conditions: The Expedited Company’s terms and conditions are subject to change without notice.