These Terms and Conditions apply to all shipments arranged by eFREIGHT International LLC, its subsidiaries and assigns (collectively, “eFREIGHT”). You, the shipper and/or the consignee (individually, and collectively, “Customer”) hereby acknowledge and accept these Terms and Conditions which no agent or employee of Customer may alter.

These Terms and Conditions shall apply to all future shipments scheduled by Customer, unless and until these Terms and Conditions are altered or amended by eFREIGHT from time to time.

eFREIGHT is a freight broker, not a carrier.

SECTION 1. Customer’s Responsibilities and Warranties.

1.1. Compliance with Applicable Laws. 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. Customer further warrants, if applicable, that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. §172.701-704, and 49 C.F.R. §172.800-804. Customer further warrants that it will immediately advise eFREIGHT in the event that its registration and/or compliance with these regulations expires or are terminated. Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. eFREIGHT assumes no liability to Customer or to any other person for any loss or expense due to the failure of Customer to comply with this provision. Any individual or entity acting on behalf of Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of Customer and the right to legally bind Customer. Customer agrees to indemnify eFREIGHT for any and all claims or damages incurred as a result of Customer’s failure to comply with the provisions of this section.

1.2. Account Use. Customer is responsible for maintaining the confidentiality of Customer’s account and password. Customer agrees to accept responsibility for all activities that occur under Customer’s account and password.

SECTION 2. eFREIGHT’s Limitations of Liability.

eFREIGHT is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission by a carrier. eFREIGHT is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. eFREIGHT is not liable for losses, mis-delivery or non-delivery caused by violation(s) by Customer of any of the Terms and Conditions contained in the Bill of Lading or 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. eFREIGHT 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 of omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. eFREIGHT is not liable for failure to comply with delivery or other instructions from Customer or for the acts or omissions of any person other than employees of eFREIGHT.

SECTION 3. Carriers’ General Rules Tariffs.

The General Rules Tariffs set forth by the carriers with eFREIGHT will take precedence in all legal proceedings and, when applicable, will take precedence over the Terms and Conditions stated herein. If not stated within the carrier’s General Rules Tariff, the 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 carrier’s General Rules Tariff, the carrier’s General Rules Tariff shall control. All Terms and Conditions, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

SECTION 4. Payment.

4.1. Payment Terms. All charges are payable in U.S. Dollars and are due and payable fifteen (15) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 1.5% 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 eFREIGHT will be applied to the oldest (based on pickup date) invoiced Bill of Lading that is outstanding. Overpayments do not accrue interest and are subject to New Jersey State Law. In the event eFREIGHT 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.

4.2. Credit. All Customers are subject to credit approval. eFREIGHT intends to perform a credit check based on the information provided at the time of enrollment by Customer. The amount of credit, if any, granted to Customer is at the sole discretion of eFREIGHT. When paying by credit card or electronic funds, Customer agrees to be responsible for all charges payable, including any adjustments, on account of Customer’s shipment. These charges and adjustments, if any, will be automatically debited to Customer’s credit card or bank account.

4.3. Customer’s Liability. 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 eFREIGHT’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for Customer shall be liable, jointly and severally, for all charges payable on account of Customer’s shipment. eFREIGHT shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. eFREIGHT reserves the right to amend or adjust the original quoted amount or re-invoice 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 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 eFREIGHT does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by eFREIGHT.

4.4. Refund Policy. Shipments can be cancelled for a full refund, minus a 3% service charge. Cancellations must be done one (1) business day prior to the date the shipment is scheduled to be picked up. Once Customer notifies eFREIGHT of a cancellation, eFREIGHT will send Customer a notification e-mail confirming such cancellation.

SECTION 5. Claims for Loss or Damage.

5.1. Processing of Claims. eFREIGHT 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 eFREIGHT to help ensure timely resolution. eFREIGHT 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 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.

5.2. Carrier’s Standard Liability. The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. These General Rules Tariffs can be viewed at eFREIGHT’s corporate office. 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.

5.3. Customer’s Negligence. eFREIGHT will not be responsible in any way for claims arising out of Customer negligence.

5.4. Non-Relief of Payment. The filing of a claim does not relieve Customer 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 eFREIGHT against claims for any loss, damage, mis-delivery or non-delivery. eFREIGHT 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.

SECTION 6. Bills of Lading.

Customer is required to use Bill of Ladings generated by eFREIGHT. All Bills of Lading are non-negotiable and have been prepared by Customer or by eFREIGHT as Customer’s agent on behalf of Customer and shall be deemed, conclusively, to have been prepared by Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by eFREIGHT, or the use of any Bill of Lading not authorized or issued by eFREIGHT shall void eFREIGHT’s obligations to make any payments relating to a shipment and void all rate quotes.

SECTION 7. Documentation.

If Customer does not complete all the documents required for carriage, or if the documents Customer submits are not appropriate for the services, pick up or destination requested, Customer hereby instructs eFREIGHT, where permitted by law, to complete, correct or replace the documents for Customer at the expense of Customer. However, eFREIGHT is not obligated to do so. If a substitute Bill of Lading is needed to complete delivery of this shipment and eFREIGHT completes that document, the terms of such substituted Bill of Lading will govern. eFREIGHT is not liable to Customer or to any other person for any action taken on behalf of eFREIGHT under this section.

SECTION 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 eFREIGHT’s website, or relating to any and all disputes between eFREIGHT and Customer, Shipper and/or Consignee and/or Brokers for any Customer, Shipper and/or Consignee, shall be filed in the Vicinage of Middlesex Law and Chancery Divisions of Superior Court or in the United States District Court for the District of New Jersey and shall be subject to New Jersey law.

SECTION 9. Rates.

9.1. Accuracy of Rates. Rates provided by eFREIGHT are not guaranteed until a shipment is confirmed. If a rate is higher than the rate quoted to Customer, eFREIGHT shall use its reasonably best effort to notify Customer of such higher rate, and Customer shall have the right to cancel the shipment.

9.2. Less than Truckload (“LTL”) Rates. LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.

9.3. Truckload (“TL”) Rates.  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 fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. Providing 48-hour notice is given, eFREIGHT assures coverage of Truckloads within 4 hours of Customer’s requested pickup, excluding weekends and holidays, weather or national emergency. Trade show shipments cannot be guaranteed. If eFREIGHT is unable to fulfill this pledge, we will credit your account $100.00 toward your next Truckload. Truckload cancellations require 24 hour notice to avoid penalty. Once eFREIGHT 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 a equipment not used fee of up to $200 will be assessed.

9.4. Air Rates. Air rates are based on the greater of actual or dimensional weight. If an air shipment contains oversize freight, additional charges and transit days may apply.

9.5. Van Line Rates. Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity/product type.

9.6. Flatbed Rates. 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.

SECTION 10. Carrier Substitution.

eFREIGHT reserves the right to substitute carriers when necessary due to factors such as, but not limited to, carrier overcapacity and service disruptions. If a carrier substitution is necessary, eFREIGHT will use its reasonably best effort to notify Customer of such carrier substitution, and Customer shall have the right to cancel the shipment.

SECTION 11. Pickup Dates and Transit Time.

All displayed transit times are estimates only and do not include the pickup date. Pickup dates and transit times are not guaranteed.

SECTION 12. Rights to Refuse Service.

eFREIGHT reserves the right to refuse service, terminate accounts or cancel shipments in its sole discretion.