Terms and Conditions
These Terms & Conditions agreed upon pricing documents apply to all broker services (the “Services”) provided by Flash Bolt Logistics LLC (hereafter “Broker”) to Shipper and/or Consignee, and/or Freight Forwarder (hereafter Customer). “Broker” and “Customer” in these Terms &Conditions may also be referred to individually as a “Party” and together as the “Parties”. These Terms & Conditions set forth herein shall constitute the entire Agreement between the parties and apply all shipments scheduled by Customer, which Broker arranges to be transported. These Terms and Conditions may not be altered, except in writing agreement signed by authorized representatives of both parties.
Broker is a freight broker duly authorized by Federal Motor Carrier Safety Administration (FMCSA) to arrange the transportation of property by motor carrier on behalf of the Customer. Broker reserves the right, in its sole discretion, to refuse any shipment at any time. Broker operates under MC# 014504. Broker is not a Freight Carrier.
Bills of Lading. The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by Broker on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. If the Customer does not complete all the documents required for carriage, or if the documents, which they submit, are not appropriate for the services, pick up or destination requested, Broker may at its option, but without obligation, complete, correct or replace the documents. If a substitute form of BOL is needed to complete delivery of this shipment for any reason and Broker completes that document the terms of this Bill of Lading will govern. The Broker is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Broker, or the use of any Bill of Lading not authorized or issued by the Broker shall VOID the Broker’s obligations to make any payments relating to this shipment and VOID all rate quotes.
Customer’s Warranties. Customer warrants their compliance with all applicable State and Federal 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 this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. 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.
Payment. All charges are payable in US Dollars and are due and payable 15 (fifteen) days from the date of billing. If a customer fails to pay Broker invoices for any reasons within these Terms & Conditions, including but not limited to insolvency, bankruptcy or misappropriation of funds, the customer will not be relieved of its obligations and will remain liable for unpaid invoices. If any of the invoices remain unpaid 30 days or more beyond the due date, Broker will charge interest 1.5% per month or the maximum permitted by law. All funds received by the Broker will be applied to the oldest (based on pick-up date) invoiced Bill of Lading that is outstanding. Overpayments do not accrue interest. Customer is responsible for all fees and costs (including reasonable attorneys’ fees, court costs, and collection agency fees) incurred by Broker in enforcing collection of payments for the invoices. Any litigation relation to this account (term of payment) shall be filed in the court of Florida, Broward County. Customer is liable for the freight charges relating to this shipment: assessorial services are services provided by the Carrier in addition to the basic transportation of the shipment. Customer agrees to pay for all services requested and or any service(s) associated with a particular pickup or delivery location.
All Customers are subject to credit approval. 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, will be automatically debited to the Customer’s credit card or bank account. The Broker 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. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Broker does not receive a dispute within the allowable thirty (30) business days, the Broker will deny the disputed item.
Claims and Limitations of Liability. The Broker is not liable for any loss, damage, mis-delivery or non-delivery. Customer specifically acknowledges that Broker shall have no liability for negligent acts or omissions of its employees except to the extent such actions or omissions constitute gross negligence. The Broker’s liability therefore shall be limited to the fees that the Broker has earned with respect to the subject shipment. Carrier’s liability and claims process for any cargo damage, loss, or theft from any cause shall be determined the Carmack Amendment, 49 U.S.C. 14706 and 49 CFR. 370.1. Broker may assist Customer in the claim filling process and use commercially reasonable efforts to assist Customer in investigation process. The Broker will not be responsible in any ways for claims arising out of Customer’s, Carrier’s or Third Party negligence.
All freight cargo claims must be submitted within 30 days after delivery to the Broker to help ensure timely resolution. Claims for damages that are not readily apparent (“concealed damage”) must be submitted within 3 days after delivery. The Broker will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. No claim will be reviewed until all shipping and related charges have been paid to Broker. Where Broker files damage claim with carrier on behalf of Customer and receives recovery funds, The Broker has a lien on such recovery amounts and reserves the right to apply recovery amounts to open past due invoices on account. This includes recovery amounts received from carrier for freight charges and/or product damage claim amounts. The Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Terms & Conditions.
Rates. TL rates (domestic) are based on dock door pickup/dock door delivery and shipper load/consignee unload and are mileage based. Additional fees may apply for charges including Tractor Detention, Trailer Detention and Driver Assistance. Customer must tender this load to carrier at the agreed upon rate and scheduled in the Bill of Lading, or pay “equipment not used” penalty. Flatbed rates are based on equipment type, mileage, and weight. If a flatbed shipment contains oversized freights determined by the state(s) it will transport through, additional charges and transit days may apply. Pickup dates are not guaranteed. Broker will not process LTL shipments through this service.
Guaranteed Services. Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. When Guaranteed Service is included as an assessorial service, it is 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 time of pickup. Day of pickup is not included in the qualification and calculation of transit time.
Dispute resolution and Jurisdiction. The parties agree and understand that this Terms & Conditions shall be governed, constructed and enforced by the laws of the State of Texas, both as to interpretation and performance and any and all actions for any and every breach of this contract shall be instituted and maintained in any court of competent jurisdiction sitting in Fort Bend County, State of Texas.
Facsimile. These Terms & Conditions and all Bills of Lading entered into here under may be executed by facsimile signature or by any other electronic means and such signatures shall be deemed to be originals for all purposes under these Terms & Conditions and any Bill of Lading. Facsimile or scanned signatures on any applications in connection herewith shall have the same force and effect as if such signature originally appeared on the document in question.
Disclaimer of Warranties. Except as expressly provided in this Terms & Conditions, Broker makes no warranties, express or implied, including, without limitation, warranties of merchant ability or fitness for a particular purpose, with regard to shipments, deliveries or information provided in these Terms & Conditions or services related to transactions conducted within these Terms & Conditions. Broker cannot guarantee delivery by any specific time or date. In any event, Broker shall not be liable for damages, including but not limited to any special, incidental or consequential damages, including damages relating to loss of profits or income, whether or not Broker had knowledge that such damages might be incurred.
Authority. By the Customer’s representative’s signature on the application or by his or her execution of the BOL, or by other acknowledgment, such representative represents and warrants their authority to act in the capacity stated, and further represents and warrants the Customer’s right, power and authority to enter into and to perform the Customer’s obligation under these Terms & Conditions. The individual signing the credit application or credit card authorization form understands and consent to be an Individual Guarantor as listed within application to these Terms & Conditions.