Parties and Definitions
Customer, shipper, consignee or their respective agents (collectively, “Customer”) and Tech Transport, Inc. (“TTI”) agree that the following terms and conditions shall apply to any shipment ordered by Customer via telephone, fax and/or TTI’s online system. TTI is a freight broker licensed by the Interstate Commerce Commission (“ICC”) and/or such other government agencies as required by law.
TTI IS NOT A FREIGHT CARRIER OR AN AGENT FOR A FREIGHT CARRIER
The General Rules Tariffs set forth by the carriers will in every instance take precedence in all legal proceedings and when applicable, will take precedence over these terms and conditions. If not in conflict with the carrier’s General Rules Tariff, these terms and conditions shall control. TTI reserves the right to refuse a shipment at any time.
1. Bills of Lading
All bills of lading are non-negotiable and have been prepared by the Customer or by TTI as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Customer is solely responsible for ensuring that all information stated on the bill of lading is true, correct, and accurate, even if said bill of lading is prepared by TTI on Customer’s behalf. Any unauthorized alteration or use of bills of lading or tendering of shipments to any carrier other than that designated by TTI, or the use of any bill of lading not authorized or issued by TTI shall void TTI’s obligations to make any payments relating to this shipment and shall void all rate quotes.
2. Customer’s Warranties
The Customer is responsible for and warrants its 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 the bill of lading such documents as are necessary to comply with such laws, rules and regulations. TTI 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 they have the right to act on behalf of the Customer and the right to legally bind Customer.
3. Necessary Documentation
The Customer must use TTI’s bill of lading. If the Customer does not complete all the documents required for carriage, or if the documents which it submits are not appropriate for the services, pick up or destination requested, the Customer hereby instructs TTI, where permitted by law, to complete, correct or replace the documents for them at the Customer’s expense, provided, however, that TTI shall not be obligated to do so. If a substitute form of bill of lading is needed to complete delivery of a shipment and TTI completes that document, the terms of the TTI bill of lading will govern. TTI is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
Unless otherwise indicated in writing, all payments shall be made in United States currency and shall be paid within seven (7) days from the date of billing and issuance of the invoice, whether paper or electronic. Customer agrees to receive all invoices electronically to an email designated by Customer. All funds received by TTI will be applied to the oldest (based on pick-up date) outstanding invoiced bill of lading. Overpayments shall not accrue interest. Customer agrees to pay service charges of 1.5% per month on the overdue balance or the highest rate allowed by law (whichever is less) from the due date of each invoice to date of actual payment. In the event TTI retains an attorney or collection agency to collect unpaid charges or for the enforcement of these terms and conditions, in addition to the service charges set forth above, Customer shall be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.
Allowances, discounts, exceptions classes and commodity rates offered by TTI on its online service and/or by a live agent shall apply only when invoices are timely paid and current. In the event of default on any invoice, TTI has the right to accelerate and declare all amounts owed to TTI by the Customer due and payable immediately. The filing for a cargo claim against carriers will not relieve Customer from its payment obligations to TTI in accordance with the terms of TTI’s invoice. It is Customer’s responsibility to purchase additional insurance beyond the standard liability of the carriers. The liability coverage listed for the carriers on TTI does not apply for used machinery or equipment. TTI will supply the bill of lading to the shipper, which must be given to the carrier’s driver at time of pick up to ensure proper billing, rating and routing. If TTI’s bill of lading is not used correction charges will apply. This may increase the original quoted rate. If a pick up is canceled TTI may, in its sole discretion, either (1) charge the total invoice, issue a credit memo for the total charge and apply such credit to Customer’s next shipment; or (2) charge and collect a $25.00 cancellation fee.
All Customers are subject to credit approval. TTI will 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 TTI. 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, may be automatically debited to the Customer’s credit card or bank account as stated below in the section labeled Credit Card Authorization.
TTI shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. TTI 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 pickup, transportation and delivery functions therein.
5. Adjustments to Freight Charges (When the Information on the Bill of Lading Does Not Match the Actual Shipment)
The Customer acknowledges that the carrier has the right to inspect any shipment to determine whether the classification of goods provided by the Customer on the bill of lading and the weight of the shipment is correct. The Customer shall be liable, jointly and severally, for all charges payable on account of any of Customer’s shipments, including but not limited to transportation, fuel and other applicable accessorial charges issued by the carrier(s) after the shipment is tendered. These adjustments may be issued by the carrier(s) as a result of reweigh, freight reclassification and/or additional accessorial charges made after tender of shipment and where the information on the bill of lading does not match the actual shipment (collectively, “Adjustments”). The Customer shall be liable for such Adjustments and all duties, customs assessments, governmental penalties and fines, and taxes. Customer shall also be responsible for reimbursing TTI for any attorney fees and legal costs incurred with respect to a shipment and/or all disputes related thereto.
In the event any Adjustment or additional charges are incurred, Customer shall pay TTI an automatic rebilling charge of $75.00 per Bill of Lading, in addition to paying the increased charges resulting from such Adjustments.
The intentional misrepresentation of information on the bill of lading to obtain lower rate classifications is a violation of transportation law. Customer agrees and acknowledges that it shall be responsible for the accurate description of the goods being shipped, in accordance with the National Motor Freight Classification (“NMFC”). If the Customer intentionally misrepresents information on the bill of lading, Customer shall pay TTI a penalty of $500.00 on each misrepresented bill of lading.
Customer agrees and understands that a certified carrier inspection report shall be deemed final and conclusive with respect to the proper weight and classification for a shipment. In the event of a dispute, Customer shall have ten (10) business days from the date of the invoice to dispute any invoiced charges and Adjustments; any such dispute shall be in writing and sent to TTI at the following email address: [email@example.com] or at the following mail address [P.O. box 431 Milford, NH 03055]. If TTI does not receive written notice of a dispute within the said ten (10) business days, the disputed charge or Adjustment will be denied by TTI. Customer agrees and understands that the freight carrier’s final determination with respect to a dispute of any charge or Adjustment is final and binding.
6. Credit Card Authorization Agreement
Customer expressly authorizes and grants consent to TTI the right to charge any of Customer’s credit card or bank accounts on file with TTI for any charges related to any Customer bill of lading, including, but not limited to Adjustments as defined herein (e.g. reweigh charges, reclassification charges, additional accessorial charges) (“Credit Card Charge Authorization”). TTI shall not be required to provide customer advance notification of making any such charges, but such charges shall be reflected in documentation sent to the Customer subsequent to any such charge.
7. Claims and Limitations of Liability
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 exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges, including Adjustments; the Customer must pay freight charges for any shipments giving rise to a claim. Claims cannot be processed without payment of all freight charges due, including any Adjustments. All freight cargo claims should be submitted immediately to TTI to help ensure timely resolution. TTI will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact TTI for more details regarding carrier insurance or carrier liability.
Customer agrees and understands that filing a merchant dispute/chargeback claim is not the proper process to initiate, adjudicate, or gain settlement of freight claims. Customer agrees and understands that they must utilize TTI’s claims resolution as the sole process to resolve claims, and that in the event Customer fails to utilize this process, their claim may be forfeited and refused by TTI at its sole discretion. Customer agrees to reimburse TTI for any charges it incurs with respect to any freight damages claims chargeback process initiated.
TTI is not liable for any loss, damage, consequential damages, miss-delivery or non-delivery caused by the act, default or omission of the Carrier. TTI is not liable for any loss, miss-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. TTI is not liable for losses, miss-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. TTI is not liable for losses, miss-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. TTI 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 TTI.
Subject to the limitations of liability contained in the bill of lading and the carrier’s General Rules Tariff, TTI shall only be liable for loss, damage, miss-delivery or non-delivery caused by TTI’s own gross negligence. TTI’s liability therefore shall be limited to the fees that TTI has earned with respect to the subject shipment.
TTI 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. TTI CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, TTI SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT TTI HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED
8. Forum Selection and Choice of Law
Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder, whether by live agent or through TTI’s website, or relating to any and all disputes between TTI and the Customer (collectively, “Claims”), shall be filed in the New Hampshire Superior Court, in the county of Hillsborough, or United States District Court for the District of New Hampshire, and shall be subject to New Hampshire law, without regard to conflicts of law principles. With respect to collection of any unpaid invoices, TTI may file any claims relating thereto in small claims court in New Hampshire or in such forum, place and venue as TTI shall in its sole discretion determine. Customer consents to irrevocable personal jurisdiction to all courts stated herein, and agrees to service or process and/or court documents by certified and/or overnight mail with proof of delivery. In the event TTI prevails with respect to any Claims, TTI shall be entitled to its attorney’s fees and litigation costs.
LTL rates are based on the freight class as determined by the NMFC and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed. Customer is solely responsible for accurate entry of NMFC information for rating shipments and bears any and all financial responsibility for inaccurate classification and/or weight information, including, but not limited to, Adjustments, rebilling fees and additional charges.
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. Once TTI 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 an equipment not used fee of up to $200.00 will be assessed.
Air freight rates are based on the greater of actual or dimensional weight. If an air freight shipment contains oversize freight, additional charges and transit days may apply.
Van line 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.
All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.
10. Guaranteed Services
LTL/TL 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 LTL/TL transit time. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with TTI. Guaranteed service rates are based on the non-guaranteed LTL/TL rate for the load plus a guaranteed service fee. If TTI does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL/TL 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, TTI will credit the account of the said Customer. Failure of a carrier to comply with the guaranteed service requested shall not result in a customer credit and/or refund exceeding the guaranteed service fee charged by the Carrier to TTI; Customer shall be liable for payment of the non-guaranteed LTL/TL rate for the load even if the Carrier fails to comply with the guaranteed service requested. In no event shall TTI be liable nor will any account be credited if the Customer does not use TTI’s Bill of Lading.
TTI 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 claim agent noted on any 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 claims agent noted on the certificate within 3 days after taking delivery.