Terms and Conditions
FreightCenter is a Freight Logistics Company operating as a “Freight Broker” and is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and other government agencies as required by law. Customer is the party using FreightCenter’s website and/or services. By electing to use FreightCenter’s website and services, Customer agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter.
I. Definition - Freight Brokerage: Customer acknowledges that FreightCenter is a Freight Broker and NOT a Freight Carrier. Acting as a broker between the Customer and Carrier, FreightCenter provides access to carrier rates and carrier services. FreightCenter also ensures all carriers are properly licensed and bonded for all services they provide for the Customer. The Federal Government’s laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment. The courts have upheld this position based on the fact that Freight Brokers are barred from accepting consignment (taking control) of freight – and – Customer consigns (signs over) their shipment directly to the carrier. At no time does FreightCenter hold, handle, store, or transport freight.
II. Definition - Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer’s shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) that transport the shipment(s) is/are exclusively responsible for the transportation and delivery of Customer’s shipment.
III. Definition - Customer: You establish yourself as a Customer of FreightCenter by: using FreightCenter’s website to shop and compare freight rates, registering and establishing an account with FreightCenter, and/or arranging a shipment through FreightCenter
1. The Customer is responsible for providing accurate weights, sizes, and descriptions of the shipment including the freight class and NMFC code.
2. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off or pickup.
3. Residential services are available and are charged as an assessorialservice.
4. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be carrier-equipment accessible.
5. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorialservice.
6. Customer agrees to ensure the shipment is properly prepared for transport. Not meeting packing requirements could result in delays and additional charges at the responsibility of the Customer. Freight can be stopped within any stage of the shipping process. The Carrier also has the right to charge a storage fee on the product until a solution has been put in place. These additional fees are the responsibility of the Customer.
7. The Customer agrees to pay for all services as actually provided by FreightCenter and the FreightCarrier(s).
8. Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes; any sanctioned party scheduling a shipment(s), any party using Customer’s Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer
IV. Bill of Lading (BOL): The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by FreightCenter on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the Carrier(s) that provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the FreightCenter’s Terms and Conditions. If not stated within the Carrier’s General Rules Tariff, FreightCenter shall control all Terms, including but not limited to limitations of liability, which shall apply to the selected Carrier.
V. Required Use of Bill of Lading:
1. The Customer is required to use FreightCenter's system-generated BOL.
2. Customer agrees to sign the BOL provided by FreightCenter prior to pick up. Customer must then provide two (2) copies of the signed BOL to the Consignor (the party at the point of pickup).
3. Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting Freight Carrier. Accordingly, the Customer agrees that the consigned Freight Carrier will be exclusively liable for loss or damages.
4. FreightCenter may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: if the BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated by FreightCenter, and shipments tendered with any bill of lading not issued by FreightCenter 5. Not using the BOL prepared by FreightCenter may result in a loss of all discounts and/or a reprocessing fee of up to $50.00.
VI. Accessorial Services: Accessorial services, such as lift gates, are services provided for a fee by the Carrier in addition to the basic transportation of the shipment.
1. Customer agrees to pay for all services requested at time of the booking or any accepted or requested at the time of pickup or delivery. Customer understands that the signing of the delivery receipt, by them or the consignee, with services noted as used, obligates them to the fees.
VII. Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, and commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck. LTL Pallet Rates are based on the maximum dimensions of a standard 40” X 48” pallet, not to exceed a height of 48” and weight of 2000 pounds. Excess charges will apply, unless otherwise stated on the Customer’s BOL.
