Terms & Conditions FurnitureShipping.net is a third party freight logistics company in that we assist our customers in the transportation of heavy freight may it be LTL, truckloads, domestic transportation or international shipping. We also specialize in ocean transportation as well. FurnitureShipping.net’s website allows its customers to ship their items simply without the hassle of shopping around to many different websites. By showing an instant comparison of numerous freight carriers and shipping companies our customers are able to go to only one website to achieve the lowest rate possible. This also allows the automated transport via air, rail, ground, or ocean. FurnitureShipping.net has been able to become a one-stop shop by also offering freight insurance for all shipments to ensure its customers shipments are safely transported or should something happen to them they are able to be fully compensated for the value of their shipment. As the Customer, Shipper and/or Consignee (hereinafter referred to as “Customer) you agree to all of the following TERMS AND CONDITIONS, which may NOT be altered by any agent, employee, or any other party involved in the shipment(s). The following TERMS AND CONDITIONS shall be applied to all shipments scheduled by the Customer, unless and until these TERMS AND CONDITIONS are altered or amended by, FurnitureShipping.net. FurnitureShipping.net reserves the right to refuse any shipment at any time. LET IT BE KNOWN THAT FurnitureShipping.net IS NOT A FREIGHT CARRIER OR AN AGENT FOR ANY FREIGHT CARRIERS. WE ARE STRICTLY A 3RD PARTY FREIGHT LOGISTICS COMPANY. In all legal proceedings, and when applicable, The General Rules and Tariffs, set forth by each carrier, will in all instances take precedence over the Company’s TERMS AND CONDITIONS stated herein. If we are not in conflict with any of the carriers General Rules Tariffs, Freight & Shipping Inc’s. TERMS AND CONDITIONS that are stated herein shall take control. Should a customer enter into a separate contractual agreement with FurnitureShipping.net, that agreement will take precedence over the following TERMS AND CONDITONS. Payment All charges are payable in US Dollars and are due before pick up of a shipment or upon agreed-upon terms with the Company and the Customer. Should your account default please be advised you will be responsible for any and all collections, fees accrued by FurnitureShipping.net Any payment which is past due shall be subject to an additional charge of 1 – ½% per month of the average outstanding balance due, or the highest rate of interest permitted by all applicable law, whichever is less. In the event FurnitureShipping.net, Inc retains an attorney 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 the Customer will also be liable for all attorneys fee incurred, together with related costs and expenses. All Customers, freight brokers, or freight forwarders are severally and jointly liable for the freight charges owed to FurnitureShipping.net, Inc relating to their shipment. If the charges are not paid FurnitureShipping.net has the authority to hold a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to us. Customer is responsible for correct shipment description and product code. Should the actual description of the shipment or services prove to differ than those shown, additional charges will be applied and charged to your account respectively. Your shipping rates are based on the type of product being shipped, the class as determined by the National Motor Freight Carriers, the size of products, weight of products, and whether it is residential or commercial pick up and/or delivery. As the Customer, you agree to pay for the actual services provided, actual weight, and actual dimensions of the product(s) being shipped. 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. The Customer will be re-invoiced for any and all additional charges and has 30 days from the date of re-invoicing to pay the additional charges. Should the charges not be paid in full within this 30-day period, or arrangements made with FurnitureShipping.net, we reserve the right to send any and all unpaid delinquent invoices to a collections agency. Once sent to a collections agency the Customer will be responsible for any additional charges to be incurred by the collection agency. Charges based on actual services as required with full credit applied. If the Customer elects to cancel the service at any time, a 20% cancellation and processing fee will be assessed. As the Customer, you realize that FurnitureShipping.net in not the actual carrier and as such the Customer will not refuse FurnitureShipping.net, Inc payment for any reasons relating to the disputes with carriers. Bill of Lading All Bills of Lading are NON-NEGOTIABLE and have been prepared by FurnitureShipping.net as the agent to the Customer on behalf of the Customer. Any unauthorized alterations or use of the Bill of Lading or tendering of shipments to any carrier other than that designated by FurnitureShipping.net or the use of any Bill of Lading not authorized or issued by FurnitureShipping.net shall VOID the obligations of FurnitureShipping.net to make any payment relating to this shipment and VOID all rate quotes. Also, let it be known that the shipper must provide the Bill of Lading at the point of pickup or a $75 reprocessing fee will be applied. All charges are payable in US Dollars and are due and payable by the date of the shipments arrival, and any payment, which is past due, shall be subject to an additional charge. Claims and Limitations of Liability FurnitureShipping.net will process any and all claims in accordance with 49 C.F.R. 370. The Consignee agrees to inspect the shipment at the time of delivery and document any and all damages on the delivery bill before the driver leaves. All claims from the Customer should be submitted to FurnitureShipping.net immediately to help insure a timely resolution. If a claim is submitted to FurnitureShipping.net after 30 days from the delivery of the shipment, we cannot guarantee the claim will be handled, as there are limitations from the carriers as to how long after delivery a claim may be submitted. Should the customer have any concealed damage a claim must be submitted to FurnitureShipping.net within 3 days of delivery. If such a situation should occur, the Customer will not hold FurnitureShipping.net liable. FurnitureShipping.net will do their best to submit a claim should this situation arise but cannot guarantee results. FurnitureShipping.net will use all efforts to assist its Customers with the investigation of freight loss or damage claims and any claim for damage to our Customers property occurring from the transportation services rendered to its Customers. As the Customer, however, you understand that FurnitureShipping.net is not the actual carrier and will not refuse payment to FurnitureShipping.net for any reasons relating to the disputes with carriers. The liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706. The Customer realizes that FurnitureShipping.net. acts as a liaison on behalf of the Customer to assist them in the process of their claim with the actual freight carrier. Each individual carrier’s governing General Rules Tariff, which determines the standard liability cargo insurance coverage offered by all carriers, will be used by FurnitureShipping.net. FurnitureShipping.net will not be liable or responsible in any way for claims arising from the negligence of the Customer, Carrier’s, or negligence of any third party. The maximum exception liability will override the otherwise standard liability coverage if the shipment contains freight with a predetermined exception value, as determined by the selected carrier. That which is recoverable under the respective transportation tariffs, is the maximum amount the Customer will receive on a claim. As set forth by the carrier, the maximum cargo liability for new goods on a truckload shipment is $100,000 and $10 per pound for an LTL shipment. The maximum cargo liability for used or resold goods will not be more than $0.10 per pound for all shipments. FurnitureShipping.net. does offer its Customers the ability to purchase additional insurance. Customers are able to purchase additional insurance through FurnitureShipping.net, however, we are not the insurance company for this additional insurance, and therefore we are not liable for additional insurance. Should problems arise with the purchase of additional insurance the Customer will not refuse payment to FurnitureShipping.net. As the Customer, you realize that FurnitureShipping.net is not the 3rd Party insurance company and we are not liable for any damages or claims that go along with the purchase of the additional insurance. Should the damages be a result of improper packaging or anything misleading by the Customer, the 3rd party insurance company reserves the right to refuse payment for the shipment. This shall be determined by the 3rd party insurance company. If the Customer does not purchase additional 3rd party primary cargo insurance, the Customer acknowledges and agrees that they will be limited to the carrier’s standard liability cargo insurance coverage and that recovery is pursuant to the terms and conditions of the carrier’s General Rules Tariff. In the event Customer does decide to purchase such additional primary cargo insurance, the Customer will receive an insurance certificate for the declared value amount. The insurance is bound by the terms and conditions of the insurance certificate. Rates All shipments rates are based on the information provided by the Customer. LTL (Less than Truckload) rates are based on the item(s) being shipped, weight of the item(s) including the packaging materials, zip codes of pick up and delivery, distance, whether it is a Residential or Commercial pick-up/delivery, product code or NMFC as determined by the National Motor Freight Classification, which is based upon the actual description of goods, and dimensions of the item(s) being shipped. Should the Customer elect to have Accessorial including pick-up/delivery appointment, lift gate services, inside delivery/pick-up, reweights, reclassifications, redeliveries, or various other services additional charges will be applied. Truckloads (TL) are based on Dock Door Pickup/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, Driver Assistance, Tractor Detention, and Trailer Detention. If the Customer elects to cancel, fees will be assessed accordingly for equipment not used (EON). Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversized freight, additional charges and transit days may apply. If an expedited shipment contains oversized freight, additional charges and transit days may be applied. All transit times are estimated and do not include the day of pick up. Pickup dates are not guaranteed. If your shipment has not been picked up on, the date agreed upon with FurnitureShipping.net. please contact us immediately to reschedule your pick up date. As the Customer, you will not hold FurnitureShipping.netliable for missed pick-ups’ as you understand we are not the actual carrier. Guaranteed Services LTL 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. Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. This service is not a guarantee for pick up time. The pick-up day is not included in the qualification and calculation of transit time. The Customer is liable for all charges related to the shipment. Shipments not delivered within the date/time specified on the bill of lading may not be considered a service failure when the reasons for delivery delay are deemed as no fault of the carrier. These reasons could include, but are not limited to, the following conditions: Acts of God, war, weather, riots, military action, acts of omission by: shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of Federal, State, City or local roads, streets, or highways; or shipments not accepted by the consignee when offered for delivery. If the carrier did not render the services, the Customer has 10 business days to submit a claim to FurnitureShipping.net in writing. If FurnitureShipping.net does not receive a claim within the allotted 10 business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. If the Customer does not use the Company’s Bill of Lading, the Company shall not be liable nor will the Customer’s account be credited. In the event of the carrier’s failure to comply with the guaranteed service requested and after the carrier has agreed to liability, FurnitureShipping.net will credit the account of the said Customer for freight charges only. 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 FurnitureShipping.net website, or relating to any and all disputes between FurnitureShipping.net and the enrolled Customer, shall be filed in the District Court of Pinellas County, Florida or in the United States District Court for Pinellas County, Florida and shall be subject to Florida law. The Customer agrees to the laws and regulations of the United States of America and that the State of Florida has sole jurisdiction regarding the execution of this agreement and that the venue for all legal proceedings shall be in Pinellas County, Florida. Customer shall be liable for legal and collection fees. 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. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials. Customer further warrants that it will immediately advise FurnitureShipping.net in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. FurnitureShipping.net 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. FurnitureShipping.net assumes no liability to the Customer or to any other person for any loss or expense due to failure of the Customer to comply with these provisions. FurnitureShipping.net , AND THE USE OF OUR WEBSITE www.FurnitureShipping.net 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. FurnitureShipping.net CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, FREIGHT & SHIPPING, INC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT FurnitureShipping.net HAD KNOWLEDGE THAT SUCH DAMGES MIGHT BE INCURRED.
|
|
