Terms and Conditions of Service
Please read these Terms and Conditions carefully. By agreeing to use our services, you agree to be bound by the Terms and Conditions below with respect to any and all shipments (“Agreement”). The Customer (“Customer”) and A1 Freight Solutions, hereby agree as follows:
1. PARTIES
A1 Freight Solutions is registered as a transportation freight broker with the FMCSA under docket number MC- 1168365, A1 Freight solutions is not acting as either a Motor Carrier, Common Carrier, or Contract Carrier within the meaning of USC Title 49.
The customer is a Shipper and/or Consignee of certain goods it wishes to have transported. A1 Freight Solutions is a Freight Forwarder. A1 Freight Solutions is not acting as a Motor Carrier. A1 Freight Solutions contracts with various freight carriers (“Carriers”) on behalf of the Customer for the purpose of obtaining discounted rates for transportation. A1 Freight Solutions reserves the right, in its sole discretion, to refuse any shipment at any time. A1 Freight Solutions and the Customer may be collectively referred to as the “Parties” or individually either may be referred to as “Party” in this Agreement.
2. TARIFFS
In the event of a conflict in the terms of this Agreement and an applicable Tariff (“Tariff”) then in effect with a selected carrier, in every instance the Tariff shall take precedence and control in the interpretation of the rights and obligations of the Parties. If no conflict exists with respect to the Carrier’s Tariff, this Agreement shall control.
3. CUSTOMER’S RESPONSIBILITIES
a. Shipping Instructions. Customer shall be responsible for providing A1 Freight Solutions with timely and accurate delivery instructions and description of the cargo, including weight, dimensions, any special handling requirements, for any shipment.
b. Hazardous Materials. Customer shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR § 172.800 and § 173 et seq. to the extent that any shipments constitute hazardous materials. Customer is obligated to inform A1 Freight Solutions immediately if any such shipments do constitute hazardous materials.
c. Classification. Customer shall be responsible for the accurate freight classification for all shipments and for the actual freight classification as determined by the carrier, including any corresponding freight charges.
4. BILLS OF LADING
The Customer shall cause to be completed all the appropriate documents required for carriage, considering the services being sought, and the pickup or destination requested. In the event the Customer fails to timely and properly complete the appropriate documents, the Customer hereby instructs A1 Freight solutions, where permitted by law and A1 Freight Solutions may at its option, but without obligation, complete, correct, or replace the documents for them at the expense of the Customer. If a substitute form of BOL is needed to complete delivery of this shipment, the terms of the completed BOL will govern, and A1 Freight Solutions will be exonerated from all liability for undertaking such actions on behalf of the Customer. All Bills of Lading are non-negotiable and have been prepared by the Customer or by A1 Freight Solutions on behalf of the Customer in accordance with the Customer instructions and approved by the Customer, and shall be deemed, conclusively, to have been prepared by the Customer. The Customer is required to provide the BOL to the Carrier designated by A1 Freight Solutions. Any failure to provide the proper BOL to the designated Carrier shall be void ab initio. A1 Freight Solutions shall have no obligation to make any payments or honor any rate quotes in any of the following instances:
(i) the unauthorized alteration or use of bill of lading, or
(ii) tendering of shipments to any carrier other than that designated by A1 Freight Solutions, or
(iii) the use of any bill of lading not authorized or issued by A1 Freight Solutions.
5. CUSTOMER REPRESENTATIONS AND WARRANTIES FOR A1 FREIGHT SOLUTIONS
The Customer represents and warrants that at all times during the term of this Agreement, it will be in compliance with all applicable laws, rules, and regulations (”Laws”) including applicable Laws relating to customs, import and export required by country to. from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the BOL such documents as are necessary to comply with such Laws. Any individual or entity acting on behalf of the Customer in scheduling shipments or undertaking any other performance hereunder warrants and represents that it has the right to act on behalf of and legally bind the Customer. A1 Freight Solutions assumes no liability for any loss or expense due to the failure of the Customer to comply with this paragraph and Customer shall indemnify and hold A1 Freight Solutions harmless for any claims or damages resulting from violation of this paragraph.
6. PAYMENT
All charges are payable in US Dollars and are due and payable fifteen (15) days from the date of the invoice date. Past due invoices shall be subject to an additional charge at the rate of 2% per month of the average outstanding balance due. All funds received by A1 Freight Solutions will be applied to the oldest (based on pick-up date) invoiced BOL outstanding. Overpayments do not accrue interest. In the event past due invoices are given to an attorney or collection agency for collection, Customer agrees to pay, in addition to the account balance, all interest payments, and collection costs including reasonable attorney’s fees. In the event this Agreement is placed by A1 Freight Solutions in the hands of an attorney or collection agency for collection, the Customer agrees to pay, in addition to the account balance, all collection costs including reasonable attorney’s fees, (including such fees and costs incurred in the successful defense of any crossclaim or counterclaim brought against A1 Freight Solutions).
1. Credit Approval
Payment terms and credit limits are subject to credit approval, which shall be determined from time to time, at the sole and absolute discretion of A1 Freight Solutions. The Customer grants A1 Freight Solutions the right to perform such credit and background searches as A1 Freight Solutions deems necessary. When paying by credit card or electronic funds, the Customer agrees it will be responsible for all charges due and owing. including any adjustments, on account of such Customer’s shipment. The Customer authorizes A1 Freight Solutions to charge the Customer’s credit card or bank account for any charges.
2. Determination of Charges
The Customer shall be liable for all charges payable on account of such Customer’s shipment. Such charges may include transportation, fuel, and other applicable accessorial charges, all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, and governmental penalties. fines and taxes. A1 Freight Solutions reserves the right to amend or adjust charges and to re-invoice the Customer in the following events:
(i) if the original quoted amount was based upon incorrect information provided by the Customer, or (ii) if additional services by the carrier were required, or (iii) if the Customer authorized the carrier to perform the pickup, transportation and delivery functions other than contemplated by the BOL. Any disputes by a customer of any invoice issued by A1 Freight Solutions shall be made in writing, specifically indicating the nature of the dispute and received by A1 Freight Solutions at their emails within 30 days from the date of the invoice (Confirmation email needed). In the event A1 Freight Solutions does not receive timely written notice of the dispute, the charges will be conclusively presumed to be valid.
3. Lien
A1 Freight Solutions shall have a lien on the shipment for all sums due it relating to this shipment, or any other amounts owed by the Customer.
4. Claims and Limitations of Liability
A1 Freight Solutions is not liable for any loss, damage, mis-delivery or non-delivery caused by: (I) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment, or (ii) the nature of the shipment or any defect therein, or (iii) a violation by the Customer of any provision of this Agreement, the BOL, the carrier’s Tariff, including, improper or insufficient packing, securing, marking or addressing, or (iv) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, or (v) acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment, or (vi) the acts or omissions of any person other than employees of A1 Freight Solutions and then only for its own gross negligence. Customer acknowledges that in order to provide competitive rates for the services, the parties have agreed as a material term of this Agreement that the burden of any loss or damage incurred as a result of A1 Freight Solutions liability has been shifted to the Customer, and that the maximum amount of A1 Freight Solutions liability is limited to the fees that A1 Freight Solutions has earned with respect to the subject shipment.
5. Insurance
The Customer will look solely to insurance provided by the carrier for damage to goods in transit. Each carrier’s governing Tariff will determine the standard liability cargo insurance coverage offered on any shipment, subject to any exception value. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the liability coverage otherwise provided by the Tariff. The Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to A1 Freight Solutions to help ensure timely resolution. A1 Freight Solutions will attempt to assist in the resolution of freight claims, but has no responsibility or liability, therefore. Where a damage claim is submitted with carrier on behalf of Customer, A1 Freight Solutions has a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account A1 Freight Solutions may have optional Shippers Interest Contingent Cargo Liability Insurance (“Third Party Insurance”) available for purchase by the Customer. A1 Freight Solutions has no responsibility or liability with respect to the issuance or denial of Third-Party Insurance, or in the payment or denial of claims.
6. Disclaimer of Warranties
Except as expressly provided in this agreement, A1 freight solutions 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 regarding the information provided on this website or services related to transactions conducted on this website. A1 Freight Solutions cannot guarantee delivery by any specific time or date. In no event, shall A1 Freight Solutions be liable for any special, incidental or consequential damages, including damages relating to the loss of profits or income, whether or not such damages were reasonably foreseeable.
7. RATES
LTL (Less Than Truckload)
“Less than a Truckload” Rates (“LTL”) rates are based on the calculated density and/or freight class as determined by the National Motor Freight Classification (“NMFC”) and are weight-based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.
I. For the LTL, and volume cargo, Quotes will be valid as long as the pieces are stackable, unless specified on the quote.
II. If the carrier refuses to pick up the freight because it is not properly packaged, miss trip and some extra charges may apply; the client will assume full responsibility of these charges.
III. For the LTL, and volume cargo, Quotes will be valid as long as the pieces are stackable, unless specified on the quote.
IV. If the client fails to provide the individual weight for each piece, and provides only the total weight of the freight, the individual freight will be calculated by dividing the total weight between the total number of pieces. This, in order to provide an initial rate, if the client or the shipper later notify a different weight per pieces, even if the total weight remains the same, the rate may vary.
V. When driver need to have documents on hand for pick up, the documentation must be sent to A1 Freight Solutions before 3:00 PM to schedule the pickup the next business day.
VI. The Rate does not include any special services, unless specify.
VII. When the carrier is delayed by shipper or consignee for loading or unloading on or near the premises of shipper or consignee, detention charges shall begin (15 minutes).
VIII. Pickups are subject to carrier availability and route conditions; A1 Freight Solutions is not
responsible for storage fees charged in case of delays presented during the pickup process. If pick up needs to be rescheduled customer must ensure cargo is fully released before driver arrives.
IX. Pickups are not guaranteed in any case.
X. If the carrier refuses to pick up the freight because it is not properly packaged, or shipper does not release the cargo for any reason miss trip and some extra charges may apply.
XI. The rate sent is valid for freight going from business to business (with dock).
A1 Freight Solutions does not verify addresses prior to getting a quote, it is the customer’s responsibility to advise A1 Freight Solutions if there is any special requirement or characteristics of the origin or destination locations that must be considered in order to send a correct rate.
XII. Transit times are estimated, not guarantee, when requiring a guaranteed delivery or a delivery appointment, the client must specify those special needs before getting the rate.
XIII. If the shipper uses a different BOL from the one sent by A1 Freight Solutions an extra fee will be charge for the change in documents, also Reconsignment and other additional charges may apply, depending on the information contained on the BOL the shipper decided to use.
XIV. In case of damage, loss, or delay of the freight, A1 Freight Solutions is responsible to assist the client on the process of filing a claim and following up, however A1 Freight Solutions is not responsible for the damage, loss or delay caused by the carrier during the given service.
XV. It´s consignee’s responsibility to verify goods and claim the short delivery/damaged delivery after exporting the shipment.
XVI. When requiring the driver to bring documents to the pick-up place, the request must be done 24 hours prior to the pick-up time.
XVII. A1 Freight Solutions will provide LTL Guaranteed Services for additional charge, if requested by the Customer, Guaranteed Service transit times do not include holiday and/or “no service” days as defined by the individual carrier.
XVIII. In the event of a carrier’s failure to comply with the guaranteed service requested, the Customer shall have fourteen (14) days from the actual delivery date of shipment to file a written claim request with A1 Freight Solutions.
XIX. LTL delivery times generally do not begin to run until the day after the pickup of the shipment, except as otherwise noted by the carrier selected.
FTL (Full Truckload)
Truckload rates (“TL”) rates 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, or pay a “truck ordered, not used” penalty at cost.
I. Rate quotes are subject to equipment availability, obtaining a rate does not guarantee that A1 Freight Solutions will get equipment availability by a given date.
II. Rates include 2-hour loading and 2-hour unloading. ($Fee/Extra Hour).
III. The rate can change according to the dimensions of the cargo. For Over dimensional Shipments rates may vary depending on the Route and Permits approved by the DOT.
IV. The rate does not cover additional insurance from carrier’s liability. If you wish to insure this load for an specific value, please ask your A1 Freight Solutions representative to provide an additional insurance service, otherwise, since A1 Freight Solutions does not have direct contact with the cargo, our liability is limited to carrier’s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of the this procedure.
V. TONU (Truck Order Non-Used) charges: $250,00. TONU Applies for same day pick up Cancellations. For next day pick up, cancellation must be done previous day before 4pm.
VI. Missed Trip charges: $300,00. It will apply if Carrier arrives to Shipper, and it gets rejected or pick up is canceled.
VII. When Carrier’s pup/set or vehicle is delayed by Shipper/Consignee for loading or unloading on or near the premises of Shipper/Consignee, DETENTION Charges will begin upon expiration of the applicable free time allowed and will end when the pup/set or vehicle is loaded or unloaded and is available for movement.
VIII. A1 Freight Solutions is not responsible for damages on any used articles/product transported.
IX. A1 Freight Solutions will not be responsible for any discrepancies not noted on the Delivery Receipt of the Trucking Company.
Container Drayage
I. Subject to equipment availability.
II. Rate quote is valid for specifics days unless otherwise noted
1035 NE 125TH STREET SUITE 320 MIAMI, FL 33161 O: 305.709.4363 | F: 305.749.0955
III. Rate quote includes 2 Hours for Loading and 2 Hours for Unloading. ($ Fee/Extra Hour unless otherwise noted).
IV. This rate does not cover additional insurance from carrier’s liability. If you wish to insure this freight for a specific value, please ask your A1 Freight Solutions representative to provide an additional insurance service, otherwise, since A1 Freight Solutions does not have direct contact with the cargo, our liability is limited to carrier’s direct liability and we are only responsible of assisting our customers on filing claims to carriers and following up of the this procedure.
V. Drop & Picks will be double the linehaul rate.
VI. For Overweight Containers extra charges will apply.
VII. Other Extras Charges such as Chassis Split, or Chassis Flip (Overweight at Ramp) may apply.
VIII. For orders booked that are 350 Miles or longer in distance, a Layover Fee will apply.
IX. For 20’ Containers with a weight higher than 37.500 Lbs., a Tri-Axle fee will apply.
X. For shipments from/to Portland, OR, Seattle, WA or Tacoma, WA ports, Port Congestion Fee may apply as in other cases specified in your quote(s).
XI. For shipments from/to Oakland, CA port, Port Congestion Fee may apply: $150.00, Gate Fee:
$50.00.
XII. For shipments from/to Long Beach, CA port, Pier Pass may apply. 20’ Container: $75.00 + Admin Fee: $15.00 – 40’ Container: $150.00 + Admin Fee: $15.00.
XIII. For shipments originated and/or returns to GCT-NY (NYCT-Staten Island, NY):
$250.00 for additional NYC Tolls and Mileage may apply.
XIV. Island and port congestion fees may apply Rates do not apply for HazMat Cargo, unless otherwise specified in the quote request.
8. MATERIALITY
All covenants, agreements, representations and warranties made herein shall be deemed to be material and to have been relied on by the Parties in entering into this Agreement and shall survive the acceptance of this Agreement.
9. SEVERABILITY; INTEGRATION
The inapplicability or unenforceability of any provision of this Agreement shall not limit or impair the operation or validity of any other provision of this Agreement. This Agreement and the documents incorporated into this Agreement by reference, constitutes and embodies the full and complete understanding and agreement of the Parties hereto and supersedes all prior understandings, whether oral or written. No representation, promise, inducement or statement of intention has been made by any Party hereto which is not contemplated by or embodied in this Agreement, and no Party hereto shall be bound by or liable for any alleged misrepresentation, promise, inducement or statement of intention not so set forth.
10. ATTORNEY’S FEES
Should any proceeding or litigation be commenced between the Parties hereto concerning the terms of this Agreement, or the rights and duties of the Parties hereto, the prevailing party in such proceeding or litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for the prevailing party’s attorneys’ fees.
11. INVALID PROVISIONS
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
12. BINDING NATURE OF AGREEMENT; ASSIGNMENT
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors and assigns, except that no party may assign, delegate or transfer any of its obligations under this Agreement without the prior written consent of the other parties hereto.
13. HEADINGS
The headings used in this Agreement are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of this Agreement.
14. EXECUTION
This Agreement shall become binding upon written acceptance by A1 Freight Solutions of Customer’s acknowledgement of its intent to be bound thereby, as evidenced by its designation of acceptance on A1 Freight Solutions’ web page or by its execution of the BOL.
15. REMEDIES
In the event of a breach of this Agreement or any term hereof by any party, the other Party, shall have all rights and remedies available at law, in equity, or under the terms of this Agreement, except as otherwise limited herein.
16. CONSTRUCTION
This Agreement is intended to express the mutual intent of the Parties hereto, and irrespective of the identity of the Party or counsel who prepared this document, no rule of strict construction shall be applied against any Party.
17. GOVERNING LAW; FORUM; VENUE
This Agreement is deemed executed, delivered and performed in the State of Florida, and the substantive laws of the State of Florida and Federal law as applied in Florida without reference to choice of law principles and specifically excluding the United Nations Convention on Contracts for the International Sales of Goods, shall govern its interpretation and enforcement. Any action brought to interpret or enforce any provisions of this Agreement, or otherwise relating to or arising from this Agreement, shall be commenced, and maintained in the Superior Court in and for the County of Miami Dade in the State of Florida or the United States District Court, District of Florida and each Party consents to jurisdiction and venue in such court for such purposes.
18. MODIFICATION AND WAIVER
No provision of this Agreement shall be amended, waived or modified except by an instrument in writing signed by the Parties hereto.
19. INDULGENCE NOT WAIVER
Neither the failure nor any delay on the part of any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence.
20. ADDITIONAL INSTRUMENTS AND ACTS
The Parties to this Agreement shall execute (with acknowledgment or in affidavit form, if required) any further or additional instruments, and shall perform any acts, which are or may become reasonably necessary to effectuate and carry out the purposes of this Agreement, without the necessity of incurring any additional expense.
21. INTERPRETATION
In this Agreement the singular includes the plural, and the plural the singular; words importing any gender include the other genders; references to “writing” include printing, typing, lithography and other means of reproducing words in a tangible visible form; the words “including,” Includes” and “include” shall be deemed to be followed by the words ‘Without limitation.”.
22. AUTHORITY
By execution of this Agreement, the signatories hereto represent and warrant their authority to act in the capacity stated. By execution of this Agreement, each Party represents and warrants its right, power, and authority to enter and perform its obligation under this Agreement.
PRIVACY POLICY
A1 Freight Solutions may use the information collected in many ways, including, without limitation, to
I. Provide you with your requested products and services.
II. Operate, improve, and analyze A1 Freight Solutions Sites or products and services.
III. Provide and improve A1 Freight Solutions’ customer service to customers, carriers, applicants, and other vendors; Communicate with you and personalize your use of A1 Freight Solutions Sites.
IV. Provide transportation information to A1 Freight Solutions’ customers and carriers.
V. Provide legal and administrative notices.
VI. Contact you regarding employment, whether through phone calls, emails, or text messages.
VII. Promote security.
VIII. Prevent fraud.
IX. Comply with applicable laws and regulations.
X. Collect payment for our A1 Freight Solutions products and services (including as necessary or required by law obtaining government-issued identification information);
XI. Verifying the identity of persons with whom A1 Freight Solutions communicates or does business.
XII. Advance other purposes disclosed to you through A1 Freight Solutions Sites or A1 Freight Solution’s marketing, presentations, or literature. A1 Freight Solutions collects and uses personal information solely for A1 Freight Solutions’ legitimate interests in conducting A1 Freight Solution’s business and not for the purposes of monitoring your personal behavior or profiting from the transfer or sale of personal information.
These terms may change at any time without prior notice. A1 Freight Solutions retains information collected in conformance with its standard data retention policies, which are based on legal and regulatory requirements as well as reasonable common business practices in the United States, including but not limited to providing A1 Freight Solution’s products and services, collecting payment and maintaining communication with customers and companies and individuals who have expressed an interest in A1 Freight Solutions, and other legitimate purposes.
A1 Freight Solutions uses various administrative, technological, and/or physical security measures to protect the information collected. Notwithstanding these security measures, CANNOT AND DOES NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF THE INFORMATION COLLECTED.