Road Freight Terms

Freightlead ROAD U.S. BROKERAGE TERMS & CONDITIONS

1. Interpretation

Below definitions shall apply to Services provided to the Customer:

• ‘Brokerage Services’ shall mean the arrangement of inland road transportation services in the United States of America, including the selection and retention of motor and rail carriers to perform the transportation of goods on behalf of the Customer.
• ‘Conditions’ shall mean these Freightlead Road Standard U.S. Brokerage Terms and Conditions between the Customer and Freightlead regarding the provision of Services.
• ‘Customer’ if different from the Owner, shall mean the entity at which request or on whose behalf Freightlead Road provides Services.
• ‘Dangerous Goods’ shall mean goods which are or may become of a dangerous, inflammable, radioactive, or damaging nature and goods likely to harbor or encourage vermin or other pests.
• ‘Freightlead’ shall mean Freightlead LLC; a New Jersey Corporation.
• ‘Goods’ shall mean any items and/or containers for which Services are provided for or on behalf of the Customer.
• ‘Instructions’ shall mean a statement of the Customer’s specific requirements.
• ‘Owner’ if different from the Customer, shall mean the owner, shipper, and consignee of the Goods and any other person who is or may become interested in the Goods and anyone acting on their behalf.
• ‘Person’ shall mean persons or any corporate body or bodies.
• ‘Prices’ shall mean the remuneration for the Services rendered by Freightlead as agreed between the Parties.
• ‘Services’ shall mean the whole of the services related to Brokerage Services provided by Freightlead to the Customer and all matters necessarily related to the provision of the Services as well as those ancillary to the provision of the Services.
  

2. Application

• • Freightlead agrees to provide Services for Customer’s freight pursuant to These Conditions shall only apply to Services rendered in the United States of America.

Where a bill of lading, delivery order, or other transport document is issued by the Customer, a third party, or on behalf of Freightlead which identifies Freightlead as a carrier, such designation shall be for the convenience of Customer or such third party only and shall not make Freightlead thereby liable as a carrier.

3. Obligations and warranties of Customer

• • • The Customer warrants that it is either the Owner or the authorized agent of the owner of the Goods and that it is authorized to accept and accepts these Conditions, not only for itself but also as an agent for and on behalf of the
    • The Customer and any person acting on the Customer’s behalf shall give lawful, sufficient, and executable The Customer warrants that the description and particulars of the Goods are complete and correct.
    • The Customer warrants that the Goods are properly packed, packaged, classified, and sealed for transport
    • The Customer warrants that it shall adhere to applicable legislation in relation to Freightlead Services.
    • The customer shall be primarily responsible for the payment of all carrier charges, including freight and accessorial charges, for the shipments

4. Rights and Obligations of Freightlead

• • Unless otherwise agreed in writing, Freightlead shall be entitled, without notice to the Customer, to retain motor carriers for the carriage of Owner.
  • Freightlead shall be entitled (without incurring any additional liability), but shall be under no obligation, to depart from the Customer’s instructions in any respect if Freightlead reasonably considers there is a good reason to do so in the Customer’s interest.
  • Freightlead may at any time comply with the orders or recommendations given by any government authority. The responsibility and liability of Freightlead in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations.
  • Where the carrier is entitled to call upon the Customer or Owner to take delivery of the Goods at a designated time and place and delivery of the Goods, or any part thereof, is not taken by the Customer or Owner at the designated time and place; Freightlead (or such carrier) shall be entitled to store the Goods in the open or undercover at the sole risk and expense of the Customer.
  • Freightlead shall have the right to enforce against the Owner and the Customer jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon demand have not been paid.

Freightlead will perform all Services in accordance with the Freightlead Code of Conduct applicable at the time of the performance of Services. The Freightlead Code of Conduct is based on the values of Freightlead and signifies Freightlead intentions regarding ethical business behavior and applies to all Freightlead Group entities and employees, including managers and executive officers. The Customer shall conduct its business in an ethical and legal manner. Customer and Owner understand and accept that Freightlead shall not be liable for loss, damage, or delay of Goods or breach of contract caused by Freightlead’s adherence to the Freightlead Code of Conduct.

5. Special instructions, goods, and services

• The Customer’s responsibility for correct information
• The Customer shall be deemed to have guaranteed to Freightlead the accuracy, at the time the Goods were taken in charge by Freightlead selected carrier of the description of the Goods including but not limited to its marks, number, quantity, dimensions, classification, and weight as furnished by the Customer.
• The customer shall comply with all laws and regulations relating to the transportation of hazardous materials. The customer shall advise Freightlead if any shipment contains hazardous materials. Unless agreed in writing, Freightlead shall not provide Services for hazardous materials.
• If the Customer is in breach of either Clause 5.1 and/or 5.2, then the following shall apply at Freightlead’s discretion:
  • the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising; and
  • the Customer shall defend, indemnify and hold harmless Freightlead against all penalties, claims, damages, costs, and expenses whatsoever arising in connection therewith; and/or
  • Freightlead (or the custodian of the Goods) may destroy or otherwise dispose of the Goods, without the requirement of notice of same.
• Time guarantee
  • Freightlead accepts no responsibility for departure or arrival dates of Goods. ETA (Estimated Time of Arrival) or ETD (estimated time of Departure) shall not be construed as a time guarantee on the part of Freightlead.

6. Selection of Third Parties

• • Freightlead is a Federal Motor Carrier Safety Administration (“FMCSA”) licensed transportation broker that arranges for transportation performed by others on behalf of Customers. It is understood by the Customer that Freightlead is not performing the transportation of the Customer’s freight but will be arranging for the transportation of the Customer’s freight. Freightlead shall use reasonable care in its selection of third parties to perform the transportation of the Goods. In the performance of the Services hereunder, Freightlead has entered into or may enter into, agreements with entities that will perform the carriage and/or freight forwarding services for the transportation of the Goods. It is understood and agreed that Freightlead does not assume responsibility as a carrier or a freight forwarder of the Goods and that the retained Carrier may operate pursuant to limitations of liability.
  • Notice of Opting out of Carmack Amendment/ICC Termination Act of 1995. The shipper expressly waives all rights and remedies it may have as to Freightlead under the Carmack Amendment/ICC Termination Act of 1995, et seq; 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101, and 14103) to the full extent permitted by 49 U.S.C. § 1410l(b)(l ), each as amended from time to time. Further, and specifically, all provisions relating to notification of loss and time for the suit are expressly waived.
  • The Customer warrants and represents that any and all claims for damage or loss shall be made only as against the carrier(s) or entities responsible for the transportation of the Goods; and that the sole responsibility for notifications of loss and claim rests with the Customer. Notwithstanding the foregoing, Freightlead may solely for the convenience of the Customer interpose claims and notification of loss on behalf of the Customer against the carrier(s), provided that this shall in no way operate as a waiver or estoppel of the instant provision. It is the responsibility of the Customer to timely and seasonably advise of any damages to goods to allow for timely submission of claims to carriers.

7. Payment terms

• • Unless otherwise agreed the Customer shall pay the invoiced amount 14 (fourteen) days from the date of Freightlead issuance of the invoice without deduction or deferment on account of any claim, counterclaim, or set-off.
  • The Prices for the Services are offered exclusive of taxes, duties, and charges charged by government entities. These costs and taxes shall be the sole responsibility of the Customer
  • Freightlead will charge interest in case of late payment. These will be levied from the due date of the overdue invoice until payment is made in full. If no legislation applies regarding interest for late payment Freightlead may charge 9% (nine percent) per annum or the highest rate allowed by law, whichever is less, from the due date of the overdue invoice.
  • If any outlay is made by Freightlead on behalf of the Customer related to any charges, including, but not limited to freight, storage, and government charges then these outlays shall be paid by the Customer on demand of Freightlead may charge the Customer for additional direct or indirect costs such as but not limited to waiting time, demurrage, additional or unexpected storage or handling redirection of goods during transit or failed attempts of pick-up or delivery of Goods not attributable to Freightlead.
  • If Freightlead is instructed to collect freight, duties, charges, or other expenses from any person other than the Customer, the Customer shall remain responsible for these amounts; and shall pay these amounts to Freightlead on demand where these amounts have become due and have not been paid by such other person. Customer shall remain primarily liable for the payment of all freight and accessorial charges assessed by the carrier(s) retained to transport Customer’s Goods.

8. Insurance

• • Unless specifically agreed in writing Freightlead shall be under no obligation to maintain insurance, or to procure on behalf of Customer any insurance, covering the Goods or Services. As Freightlead liability is limited in accordance with these Conditions, Freightlead encourages the Customer to take out Cargo Insurance to cover the Goods during transport, handling, and storage; as noted, the carriers retained by Freightlead may operate under limitations of liability; Freightlead is under no obligation to increase any such limitations of liability for the benefit of Customer.
  • Freightlead shall not assume any responsibility or obligation to verify the existence or extent of insurance coverage of any carrier or a third party selected or retained to perform the transportation of the Goods.

9. General indemnities

• • The Customer and Owner shall indemnify, hold harmless, and at Freightlead request, defend Freightlead, its officers, directors, and employees, against: damages, suits, demands, or claims by any non-party due to the negligence, gross negligence, or willful misconduct by the Customer causing damage to the nonparty’s property or injury or death of the non- Party. Such indemnity shall include all expenses, costs, and attorney’s fees.
  • Moreover, the Customer and Owner shall defend, indemnify and hold harmless Freightlead against liability, loss, damage, delay, costs, and expenses (including attorney’s fees) due:
    • to the nature or inherent vice of the Goods;
    • from duties, taxes, imposts, levies, deposits, and outlays levied by any government authority in respect of the Goods and/or Container, and for all liabilities, payments, fines, costs, expenses, loss, and damage sustained by Freightlead in connection therewith;
    • out of Freightlead acting in accordance with the Customer’s or Owner’s instructions, and
    • from a breach of warranty or obligation by the Customer herein or arising from the negligence of the Customer or Owner

10. Liability

• • Freightlead shall only be liable for loss, damage, or delay of the Goods which are the direct and proximate result of Freightlead negligence or gross negligence.
  • Regardless of Clause 10.1, Freightlead shall not be liable for loss, damage, or delay arising from the special risks inherent in one or more of the following circumstances:
    • a) the act or omission of the Customer or Owner or any person acting on their behalf:
    • compliance with the instructions given to Freightlead by the Customer, Owner, or any other person entitled to give them;
    • insufficiency of the packing or labeling of the Goods;
    • handling, loading, stowage, or unloading of the Goods by the Customer or Owner or any person acting on their behalf;
    • the inherent vice of the Goods;
    • riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause;
    • fire, flood, storm, explosion, or theft; or
    • any cause which Freightlead could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
  • any cause which Freightlead could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
  • Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty, or otherwise for any indirect or consequential loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by the other Party; or for any loss of actual or anticipated profits, loss of revenue, loss of goodwill and/or business, loss of savings or any other pure economic loss whether direct or indirect.

11. Freightlead acting as Independent Contractor.

• • At all times, Freightlead shall be considered an independent contractor with respect to the performance of all Services on behalf of Customer and neither Freightlead nor anyone employed by Freightlead shall be deemed to be the employee, agent, servant, or representative of Customer in the performance of any Service. It is understood that Freightlead is not an agent for the carriers and shall remain at all times an independent contractor. Freightlead does not exercise or retain any control or supervision over the carriers, their operations, employees, or agents. To the extent that Freightlead provides the Services on behalf of Customer, Freightlead does not make or purport to make any contract with the Customer for the carriage, storage, or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such services by retaining such third parties so that direct contractual relationships are established between the Customer and such third parties.

12. Miscellaneous

• • Amendments
    At any time Freightlead shall have the right to unilaterally amend these Conditions by publishing the amendments on the Freightlead website. In case any contract was concluded by Freightlead after such publication, those will be subject to the amended Conditions
  • Notices
    Notifications shall be made in writing, by mail, via e-mail or by fax according to the data exchanged between the parties. Any notice served by post shall be deemed to have been given on the third day following the day on which it was posted to the address last known to Freightlead to be the address of the recipient of the notice.
  • Headings
    Headings of clauses or groups of clauses in these Conditions are for indicative purposes only.
  • Legislation
    If any legislation is compulsory applicable to Services undertaken – in whole or in part – these Conditions shall, as regards such Services, be subject to such legislation. However, nothing in these Conditions shall be construed as a surrender by Freightlead of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these Conditions is held to be repugnant to such legislation to any extent such part shall as regards such business be over-ridden to that extent and no further.

13. Dispute resolution and applicable law

• • All questions concerning the construction, interpretation, validity, and enforceability of these Conditions, performance hereunder, or breach of any of the Conditions, shall be governed by the laws of New York.
  • Unless otherwise agreed in writing or stipulated by mandatory law any dispute arising out of or in connection with the Services shall be brought exclusively in the State or Federal courts located in New York County, New York. Customer expressly agrees to the exclusive jurisdiction of such courts for any such suit or claim and waives any objection to personal jurisdiction in such courts.
  • Notification of Claim. All claims against Freightlead for a potential or actual loss, must be made in writing and received by the Company, within one hundred eighty (180) days of the event giving rise to claim (however, such notice MUST be made as soon as practicable). Timely notice shall be deemed to be a condition precedent to the maintenance of any action; and the failure to give Freightlead timely notice shall be a complete defense to any suit or action commenced by Customer. If any term in the instant provision is deemed unenforceable, the time for claim period shall be reduced to the shortest.
  • allowable by law. Time for Suit. All suits against Freightlead must be filed and service of process properly completed and affected on Freightlead within one (1) year from the date of the loss; if any term in the instant provision is deemed unenforceable, the time for suit period shall be reduced to the shortest allowable by law.

14. Important rate and booking information for inland /intermodal pickup and deliveries:

• • • Rates are valid for 15 days.  We may always ask for extension from our carriers.  Due to uncertainty and high demand, carriers unfortunately limit the validity period.
    • Rates are valid per container and does not include any additional charges unless otherwise is specified.
    • Freight with legal weight has one (1) hour free at the terminal and one (1) hour free for loading/unloading. If the free time is exceeded there will be an additional fee added of $100 per hour.
    • If the container is returned to a different rail ramp or port from the one originally picked up from, a CHASSIS SPLIT charges may apply. Depending on the SSL – charges must be confirmed prior pick up.
    • If the terminal will not accept return container due to congestion, Freightlead will not be responsible any additional charges which may occur such as Dry Run, chassis, detention, per diem, storage, etc.
    • Freightlead will not be responsible for any per-diem charge that may be associated to this load. The invoice can take up to one (1) to (2) two months to be sent by the SSL.
    • Steamship lines or terminals may limit receiving of containers due to high congestion (or change of vessel schedules)  which may cause per-diem, detention, and other charges.  Freightlead will not be responsible for these charges. 
    • Most carriers’ liability will not exceed $1.00 per pound, per package.  Therefore, we highly recommend insuring your cargo.  We’ll be pleased to assist you should you need our assistance with cargo insurance.
    • Rate is valid for legal weight, non-Haz cargo, commercial pickup/delivery,  live load /unload    unless otherwise is specified.  Please advise if any of these conditions apply.  Our rate may change depending on these conditions.
    • If pickup location (or delivery location) has special equipment requirements, please let us know.  This may affect the total rate.   (Such as,   lift gate / forklift for loading-unloading, labor, special equipped truck, etc.)
    • Please note that;   this is not a guaranteed service as carriers cannot rely on the correct paperwork being used at time of pick up and/or delivery and will not be responsible for deliveries to an incorrect address.
    • Please verify that all the information above (freight details) is correct, if not, please share with us the correct details. Rates are based on those information/details.
    • If selected carrier arrives at pick up location for export shipments and the shipper does not load the container/truck, a pickup attempt may be charged.
    • If selected carrier arrives at delivery location for import shipments and the customer does not unload/Devan the container/truck, a delivery attempt may be charged.
    • Please keep in mind that certain hazmat cargo classified as explosives, toxic and/or radioactive (Hazmat Class 1, 6 and 7) will have several restrictions. We require proper documentation such as a Dangerous Goods Declaration (DGD) and Material Safety Data Sheet (MSDS) to issue the correct BOL so we can provide you with accurate carrier selections and avoid any possible inconveniences. Due to the type of shipment tendered, there could be additional transit days to consolidate the cargo at intermediate terminals. Hazmat movements cannot be dispatched as Guaranteed Service.
    • Rate is applicable to non-bonded cargo only   unless otherwise is specified
    • If the pickup or delivery location is at a residential area, additional residential fee may apply. Some carriers may reject residential deliveries / pickups so pls make sure you provide these details beforehand.
    • Live unload/load pricing is subject to minimum of 3 days chassis rental in addition to rate quote unless otherwise is specified
    • Provided trucking delivery / pick up rates are not valid for any drop off requirements unless specified
    • Any deviation to stated cargo weights or particulars, may require a quotation revision.
    • These rates may not be valid for AMAZON Whse deliveries. Since Amazon has strict rules and probable waiting time;  some carriers do not accept Amazon Whse delivery.  Others may request additional payment for such deliveries
    • Rate may be subject to equipment / power availability at time of booking.  Due to current (nationwide) trucker unavailability and high demand,  service if not guaranteed and subject to carrier approval and availability.
    • It is the shipper’s responsibility that export cargo has been blocked / braced in accordance with AAR guidelines for safe overland transit.
    • Import containers are accepted and processed as shipper’s load, stow, count, and seal.   Importer/receiver of cargo (or container) is responsible for cleaning of container (sweeping of dunnage, package, material etc) after unloading.
    • If container arrives to following terminals;  mentioned terminal receiving charges will be added on our invoices (Long Beach pier pass fee $80/ teu, Oakland port receiving fee $35/cntr,   South Florida Terminal receiving fee $160/cntr,   Boston port gate fee $60/20dc & $80/40dc 40hc)
    • If container arrives to following ports;  Clean Truck fee (CTF) will be added on our invoices (Long Beach and Los Angeles Ports $20/ 20dc cntr , $40/40dc &40hc). 
    • If container departs from following port; Terminal Gate fee (TGF) will be added on our invoices ( Oakland Port Terminal Gate Fee $40/cntr ).
    • Chassis Detention fee of $40/per day will occur as an addition to standard Chassis fee If MSC chassis will use by carrier.
    • If container arrives to New York / New Jersey container terminals;  additional fees may apply as follows besides congestion fees mentioned below.
    • Global Terminal – USD 250 / cntr
    • Staten Island – $ 250 / cntr
    • NYCT (New York Cntr Terminal) – USD 250 / cntr
    • APM – USD 250 / cntr
    • MAHER – USD 250 / cntr 
    • Freightlead will not be responsible for probable demurrage charges due to port congestion & chassis shortage. By accepting our rate offer and placing a work-order, you hereby accept these terms and conditions

    Please see below information about chassis and accessorial charges that may apply to your load:

    Accessorials	Charge	Notes
    Chassis Fee	$40 ( East coast) $50 ( West coast)	Charges are per day and three (3) days minimum will be billed. Customers that are exempt from chassis fees must have their contract number on their shipping’s paperwork for the carrier to review.
    Chassis Split	$150	Applies if the chassis pick-up/delivery location is different to the container pick-up/delivery.
    Chassis Flip	$150	This charge applies when a container is needed to be moved from the original chassis to a different one. It generally applies for special equipment (tri-axle chassis) or at wheeled facility used temporarily and owned by others.
    Triaxle Charge	$200 / day	Charges are per day and two (2) days minimum will be billed ($400). Apply when weight is over 38000 lbs. in a 20′ / Over 44000 lbs. in a 40′.
    Overweight Fee	–	Fee depends on the state the cargo is being hauled at.  Pls ask
    Hazmat	–	We cannot haul: Class (1.1)(1.2)(1.3)(1.4)(1.5)(1.6)(2.3)(6.1)(6.2)(7)
    Congestion Fee	–	Charges apply depending on the carrier or ports facility. Pls ask
    Toll Charge	$250	If it applies.
    Terminal/Pier Pass	–	Depends on port’s fee + administrative fee.
    Pre-pull	$275	Recommended for early appointments and/or emergencies.
    Scale Tickets	$125	The cost of $125 to scale light (empty) and $125 to scale heavy (loaded).
    Stop-off	$200	Extra stop on loading /unloading process.
    Driver Detention	$100	1 Hour is free for loading/unloading.
    Layover	$300	Applies after 3 hours. Detention charges also apply if the lane exceeds 250 miles.
    Residential	–	Depends on the state and location (approximately $ 200-250)
    Reefer	–	Case by case
    Placard Removal Sweep Out	$120/$80	The consignee is responsible for this process.
    Truck Order Not Used	–	This charge includes linehaul cost + FSC + two (2) days of chassis.
    Genset Fee	–	Varies from ocean carrier to another (case by case)
    Overnight Cntr Yard Storage	–	Case by case
    Re-delivery	–	Case by case