TERMS & CONDITIONS

Definitions of Terms

  1. Acceptable Use
  2. Rate Quote
  3. Limitations of Liability
  4. Warranties Disclaimer
  5. Bills of Lading and Rates
  6. Customer Warranties
  7. Claims and Cargo Liability
  8. Payment
  9. Forum Selection and Choice of Law

 

Definitions of Terms

Customer: The term “Customer”, as used herein, shall refer to any person using our services, including the customer, shipper and consignee.

Company or CTS: The term “Company” or “CTS”, as used herein, shall refer to Capital Transportation Solutions LLC, the legal owner of the URL www. ShipRite. Com, a Delaware limited liability company
The General Rules Tariffs: The term “General Rules Tariff, as used herein, shall refer to the terms and conditions of carriage set forth by each carrier in regards to shipments scheduled with such carrier, that govern the relationship between the customer and the carrier.

Service or Services: The term “Service” or “Services”, as used herein, shall refer to any service provided by CTS

Carrier: The term “Carrier”, as used herein, shall refer to the freight carrier selected to transport the customer’s shipment.

The following TERMS AND CONDITIONS shall apply to all shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by the Company. The Company is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and/or other government agencies as required by law. The Company reserves the right, in its sole discretion, to refuse any shipment at any time. THE COMPANY IS NOT A FREIGHT CARRIER OR AN INDEPENDENT AGENT FOR A FREIGHT CARRIER.

1. Acceptable Use

By using our services, the Customer agrees to these terms and conditions as stated herein. The General Rules Tariffs, set forth by the carriers provided within CTS services will take precedence in all legal proceedings, and when applicable, will take precedence over these Terms and Conditions. If an issue is not addressed in The General Rules Tariff, then these Terms and Conditions shall control. Additional charges may apply based on each carrier’s General Rules Tariffs. In the case of conflict between these Terms and Conditions and those set forth by the carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. CTS reserves the right to change or amend these Terms and Conditions at any time. If CTS makes any changes to the Terms and Conditions, CTS will notify the customer by posting an announcement on this site.

2. Rate Quote

LTL rates are based on the freight class determined by the NMFC (National Motor Freight Classification) and the total weight of the shipment. The customer agrees to provide CTS with the correct freight class and weight of their shipment so that CTS may provide the customer with accurate rate quotes. The customer agrees that it is their responsibility to determine the correct freight class and weight of their own shipment. CTS may assist the customer in determining their freight class via phone, email or this website, however it is the customer’s responsibility to make sure this information is correct by contacting the NMFTA, National Motor Freight Traffic Association, direct or by other means. FTL rates are based on dock door pickup/dock door delivery and shipper load/consignee unload and are mileage and state-to-state based. Additional charges may apply for tractor detention, trailer detention, and driver assistance. Truckload cancellations require at least a 24-hour notice to avoid a cancellation fee. In the event CTS contracts with an FTL carrier to pick up a truck load shipment and the Customer does not tender the load to the carrier, the customer agrees to pay CTS a $200 (USD) cancellation fee. Air rates are based on actual weight or dimensional weight, whichever is greater, as determined by the carrier. Additional charges may apply for oversized air freight. Van Line rates are determined by state-to-state, mileage, weight (actual or density) and product commodity type. Flatbed rates are determined by equipment type, state to state, mileage, and weight. All transit times, for any type of shipment, are estimates only and do not include the day of pickup, weekends or holidays. Transit times and pick up dates are not guaranteed by CTS or the Carrier, unless it is specifically a guaranteed LTL service from the carrier. CTS makes no guarantee that the rate quotes are accurate. Freight carriers may change prices at any time, resulting in a price change to the customer. The customer agrees that quotes are not guaranteed to be accurate and are subject to change at any time.

3. Limitations of Liability

CTS is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the carrier, the customer, or any other person who has interest in the shipment. CTS is not liable for any loss, damage, mis-delivery or non-delivery caused by the customer violating these terms and conditions or the terms and conditions in the bill of lading or of the carrier’s General Rules Tariff, including but not limited to: improper or insufficient packaging, securing, addressing or failing to adhere to any of the rules relating to shipments that are only permitted under certain conditions or shipments not permitted for transportation. CTS is not liable for any loss, damage, mis-delivery or non-delivery caused by acts of God, war, terrorism, riots, strikes, labor disputes, weather conditions, mechanical delay or defect of aircraft or other equipment, perils of the air, public enemies, public authorities, or acts or omissions of Customs officials. CTS is not liable for the acts or omissions of any person other than employees of CTS. In no event, will CTS be liable for any indirect, consequential, exemplary, incidental, or special damages, Including but not limited to loss of profits or income, whether or not CTS had knowledge of the possibility of such damages, arising from these Terms and Conditions or relating in whole or in part to Customer’s right’s hereunder.

4. Warranties Disclaimer

CTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SHIPMENT DELIVERIES, INFORMATION PROVIDED BY CTS, OR FOR SERVICES TRANSACTED BY CUSTOMER. CTS CANNOT GUARANTEE DELIVERY OF ANY SHIPMENT BY A SPECIFIC DATE OR TIME.

5. Bills of Lading and Rates

When Customer schedules a shipment through CTS and or the online service, a Bill of Lading will be issued based on the information provided by the Customer. Customer agrees to only use the Bill of Lading provided by CTS. Failure to use CTS’s Bill of Lading will void their discounted rate quote and result in being charged the carrier’s full rate and or a $50 fee. The Bill of Lading shall be considered, conclusively, to have been prepared by the customer regardless of CTS’s participation in the creation of such bill of lading. All Bills of Lading are NON-NEGOTIABLE. Any unauthorized alteration, unauthorized use of Bills of Lading, scheduling shipments to any carrier other than that designated by CTS, or use of a Bill of Lading not authorized or issued by CTS, shall void all rate quotes and P.A.F’s obligation to make any payments relating to the shipment. If a substitute form of bill of lading is needed to complete delivery of this shipment and the Company completes that document, the terms of this bill of lading will govern. The Company 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. 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 bill of lading at the agreed upon price, or an equipment not used (EON) fee will be assessed. All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

6. Customer 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, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Company 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. The Company 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. Customer agrees to indemnify Company for any and all claims or damages incurred as a result of Customer’s failure to comply with the provisions of this section.

7. Claims and Cargo Liability

The Company may offer at its discretion claims processing services if so requested by the Customer. Notwithstanding the foregoing, the Company is under no obligation to perform claims processing and assumes no liability for cargo liability or claims as a result of performing claims processing services on behalf of the Customer. All claims and cargo liability remain exclusively between Customer and Carrier. If the Customer requests claims processing services, and the Company agrees to provide those services, the Company will process claims in accordance with 49 C.F.R. 370. All claims should be submitted immediately to the Company to help ensure timely resolution. The Company 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 U.S.C. 14706. The Company will use the individual carrier’s governing General Rules Tariff which determines the standard liability cargo insurance coverage offered by all carriers. Those Tariffs can be viewed at the Company’s corporate offices. 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 on a claim will be that which is recoverable under the respective transportation tariffs. All claims must be submitted to the Company within 30 days after delivery. Claims for damages that are not readily apparent (“concealed damage”) must be submitted to the Company within 3 days after delivery. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order to process a claim. Customer may not offset freight or other charges owed to Company against claims for any loss, damage, mis-delivery or non-delivery. The Company 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. In no case will the maximum cargo liability for new goods be greater than $100,000 for a Truckload shipment or $10 per pound for an LTL shipment. In no case will the maximum cargo liability for used or resold goods be more than $0.10 per pound for any shipment. The Company does offer for purchase by the Customer, upon request, shipper’s interest cargo insurance all risk policies.

8. Payment

All Customers are subject to credit approval. Customers may be granted credit terms or required to make payment by credit card or electronic bank debit as determined by the Company. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed-upon terms. 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. In the event the Company 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 25% 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 owed to the Company relating to this shipment and the Company holds a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to the Company. The 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 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 therein. When paying by credit card or electronic funds, the Customer agrees they will by responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Company does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Company.

9. 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 the Company’s website, or relating to any and all disputes between the Company and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the Superior Court of Cobb County, Georgia or in the United States District Court for the Northern District of Georgia and shall be subject to Georgia law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for such purposes.