By electing to use Prompt Logistics’ website and services, the Customer (“Customer”) agrees to these Terms and Conditions which no agent or employee of the parties may alter.
Customer is a Shipper and/or Consignee or a Third Party of certain goods that it wishes to be transported. Individuals or entities acting on behalf of the Customer warrant that it has the right to act on behalf of the Customer and to legally bind the Customer. These Terms and Conditions apply to all shipments scheduled by Customer, unless and until these Terms and Conditions are altered or amended by Prompt Logistics. Customer also agrees to these Terms and Conditions on behalf of any third party with an interest in the freight.
Prompt Logistics (“PL”) is a freight logistics company operating as a transportation freight broker and licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA). PL is not acting as either a Contract Carrier, a Common Carrier, or a Motor Carrier but contracts with various freight carriers (“Carriers”) on behalf of the Customer to arrange transport of goods in interstate and foreign commerce. PL reserves the right, in its sole discretion, to refuse any shipment at any time.
These Terms and Conditions supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as stated herein. All tariffs, set forth by the Carrier, are the responsibility of the Customer to request and review. Tariffs will in every instance take precedence in all legal proceedings and when in conflict, will take precedence over these Terms and Conditions. PL is not obligated to provide copies of Carrier tariffs, or any information contained therein, to the Customer. Where a Customer enters into a separate contractual agreement with PL, only conflicting terms in that agreement will take precedence over these Terms and Conditions.
The Customer must use PL’s system-generated Bill of Lading (“BOL”). All Bill of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by PL as Customer’s agent and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer.
The Customer is responsible to complete all documents required for carriage and for the pick up or destination requested. If the Customer does not complete all the documents, or if the documents which they submit are not appropriate for the selected services, pick up or destination requested, the Customer hereby instructs PL, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, PL is not obligated to do so.
If a substitute form of BOL is needed to complete delivery of this shipment and PL completes that document, the terms of this BOL will govern. PL is not liable to the Customer or to any other person for any actions taken or not taken on behalf of the Customer under this provision including but not limited to negligence in whole or part by PL.
Unauthorized alteration or use of BOL or tendering of shipments to any carrier other than that designated by PL, or the use of any bill of lading not authorized or issued by PL shall VOID PL’s obligations to make any payments relating to this shipment and VOID all rate quotes.
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including, but not limited to, customs, hazardous materials, import and export and governmental regulation of any state and country to, from, through or over which the shipment may be carried. The Customer agrees to provide such information and complete and attach to the BOL all documents that are necessary to comply with such laws.
For hazardous material, the Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804.
The Customer is obligated to inform PL at time of tendering if any shipments contain hazardous materials.
Customer further warrants that it will immediately advise PL 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.
Customer acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions, and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities.
PL 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 the provisions of this section. Customer agrees to defend, indemnify, and hold PL harmless for any and all damages, loss, liability, claims, or suits resulting from the provisions of this section, including attorney’s fees and costs incurred by PL.
All payments of charges must be in US Dollars. If the charges displayed reflect a Canadian charge, then it can be paid in Canadian funds. Charges are due upon receipt or upon agreed payment terms. Past due invoices are 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 PL will be applied to the oldest invoiced BOL outstanding.
Overpayments do not accrue interest. In the event PL retains an attorney or collection agency to collect unpaid invoices, Customer agrees to pay, in addition to the account balance, all interest payments, collection costs including attorney’s fees and a late payment penalty of 33% of the outstanding balance.
When paying by credit card or electronic funds, the Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. PL is authorized by the Customer to charge the Customer’s credit card or bank account for these and any additional charges.
All Customers are subject to credit approval. Credit terms are subject to PL’s continued approval. PL may change credit terms and may establish and/or revise a credit limit at any time when, in PL’s opinion, Customer’s financial condition, previous payment record, and/or the nature of Customer’s relationship with PL so warrants. The Customer grants PL the right to perform such credit and background searches as PL deems necessary.
PL 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 received at the time of the original quote, if additional services by the Carrier were required, or as otherwise necessary to perform the pickup, transportation and delivery functions other than contemplated by the BOL.
Customer is permitted seven (7) business days from the date of the invoice to dispute in writing, specifically indicated the nature of the dispute, any invoiced charges. If PL does not receive a written dispute within the allowable seven (7) business days, the disputed item will be denied by PL and charges considered valid.
All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to PL relating to this shipment and PL holds a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to PL. Customer authorizes PL to advise third parties of asserted liens and to hold possession of any shipment against which a lien is asserted.
PL is not liable for any damage, loss, misdelivery or non-delivery caused by the act, default or omission of a Carrier, the Customer or any other party involved in the shipment, or the nature of the shipment or any of its defects, or a violation by the Customer of any provision of this Agreement, the BOL, the Carrier’s tariff, including, improper or insufficient packing, marking, addressing or securing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, or acts of God, perils of the air, public authorities, public enemies, acts or omissions of Customs or quarantine officials, riots, war, labor, strikes, disputes, weather conditions, shortages or mechanical delay or failure of aircraft, vehicles, or other equipment, or the acts or omissions of any person other than employees of PL, or the selection of carrier for a particular shipment.
PL will not be responsible in any way for claims arising out of Customer negligence, Carrier’s negligence, or the negligence of any third party. If PL is found negligent, PL’s liability is limited to no greater than a refund of the total freight charge payment related to the specific BOL in question.
The Customer must file all freight cargo claims in writing with shipment carrier within 48 hours of delivery. Only the shipper, consignee or third-party owner of the freight may file a claim. Delayed reporting of a claim could forfeit the Customer’s right to a claim. PL can assist the Customer in the processing of their claim with the Freight Carrier, when requested by the Customer. The filing of a claim does not relieve Customer for payment of freight charges. Customer’s account must be paid in full prior to processing a claim for loss or damage. Please contact PL. for more details regarding carrier insurance.
Customer agrees the Company, as a broker only, is not liable for any damages.The individual carrier’s governing General Rules Tariff will apply when determining carrier liability. Carrier Tariffs are available on their respective websites. 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 maximum amount that Customer will receive from carrier on a claim will be that which is recoverable under the respective transportation tariffs. It is the Customer’s responsibility to ensure the liability limits of the carrier meet their shipment needs. PL will not be responsible in any way for claims arising out of Customer negligence, carrier’s negligence, or the negligence of any third party.
All claims and supporting documentation must be submitted in writing within 48 hours after delivery.
The Customer acknowledges that the filing of a claim does not relieve it for payment under the terms of this Agreement. Freight payment is necessary in order to process a claim. Customer may not offset freight or other charges owed to PL against claims for any loss, damage, missed delivery or non-delivery.
Where a damage claim is submitted with Carrier on behalf of Customer, PL shall have a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account.
In no case will the maximum cargo liability be greater than $100,000 for a Truckload shipment. Cargo liability on Less than Truckload (“LTL”) shipments may vary by carrier, but in no case will the maximum liability for new goods be greater than 0.10 cents per pound, or for used or resold goods be greater than $0.10 cents per pound.
The Customer will look solely to its own insurance, a Shipper’s policy, or insurance provided by the Carrier for damage to goods in transit.
The individual Carrier’s governing tariff will apply when determining Carrier liability. If the shipment contains freight with a predetermined exception value, as determined by the Carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that Customer will receive from Carrier on a claim will be that which is recoverable under the respective transportation tariffs. It is the Customer’s responsibility to ensure the liability limits of the Carrier meet their shipment needs.
Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through the Company’s website, or relating to any and all disputes between PL and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the Ontario Court Of Justice, and shall be subject to Ontario law.Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.
LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) which are based on the actual description, size, and weight of the shipment. Additional fees may apply for other charges including appointment delivery, reweighs and reclassifications, lift gate services, inside delivery or various other accessorial services.
Truckload 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 the Company has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the BOL at the agreed upon price, or equipment not used (EON) fee will be assessed.
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.
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. Shipments not delivered within date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the carrier. These reasons could include, but are not limited to, the following conditions: acts of God; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions 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 resulting in travel delays by carrier; shipments not accepted by the consignee when offered for delivery. Beyond the circumstances noted above, liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge noted on the invoice for this service.
In no case, shall the Customer hold PL or the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the expected.
This service is not a guarantee for pickup. Pickup Day is not included in the qualification and calculation of LTL transit time.
The Customer is liable for all charges related to the shipment. 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 PL. If PL does not receive a claim request or receives the request after the allowable ten (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.
In the event of Carrier failure to comply with the guaranteed service requested and after the Carrier has agreed to liability, PL will credit the account of the said Customer for freight charges according to the Carrier’s guaranteed refund policy only.
In no event shall PL be liable nor will any account be credited if the Customer does not use the Company’s BOL. To the extent PL is found negligent, PL’s liability is limited to no greater than a refund of the total freight charge payment related to the specific BOL in question.
Unless expressly agreed otherwise in writing, Customer agrees PL may utilize Customer’s name, logo, trademark, and/or domain name in marketing, advertising, and/or promotional material or communications.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SHIPMENTS, WAREHOUSED GOODS, ITEMS IN TRANSIT OR DELIVERIES OR WITH REGARD TO THE INFORMATION PROVIDED ON THE WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. PL CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN NO EVENT, SHALL PL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE OR MADE KNOWN TO PL.
