EFFECTIVE APRIL 13, 2006
TERMS AND CONDITIONS
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.
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
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
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
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
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
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
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.