Terms & Conditions
Customer has offered to purchase from TFWW (defined below) property brokering services as further described in the bill of lading, or other such document ("Service") subject to the terms and conditions in this document (“Document”). TFWW's acceptance of the offer is expressly conditioned upon Customer's assent to the terms and conditions set forth in this Document. If this Document is submitted in response to an bill of lading or other written or oral offer of Customer to purchase the Service, to the extent that there are any material differences or additions in the terms contained in Customer's offer, this Document shall be considered a counter offer to sell the Service to Customer under the terms and conditions herein contained. Customer's acceptance of any such counter offer is limited to the terms and conditions set forth herein which may be accepted by Customer's failure to make written objection within five days or by accepting shipment of the Service. This Document constitutes a legally binding contract between the “TFWW" and the "Customer".
- "TFWW" shall mean TForce Worldwide, Inc., and its affiliates, parents, subsidiaries, related companies, agents and/or representatives;
- "Customer" shall mean the person for which TFWW is rendering service, as well as its agents and/or representatives, including but not limited to shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc.
- "Documentation" shall mean all the information received directly or indirectly from Customer, whether in paper or electronic form;
- "Third parties" shall include, but not be limited to, carriers, truck men, forwarders, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise.
- “Carrier” shall mean the underlying motor carrier performing the services.
- TFWW shall arrange for the pick-up, transport, and delivery of the shipments, as agreed upon by the parties by Carriers that hold the proper governmental authority to perform the requested Services. Carriers shall maintain (a) the appropriate authority with the Federal Motor Safety Administration, and (b) a safety rating from the U.S. Department of Transportation of “Satisfactory”, “Conditional”, or “Unrated”. Carriers shall be required to provide equipment that is clean, safe, properly maintained, and hazard free.
- Customer shall prepare and package shipments to ensure safe transportation. By tendering a shipment to TFWW, the Customer certifies that the shipment is sufficiently packaged to withstand the normal rigors of transportation. The Customer warrants that each package is legibly marked, and all old labels, tags or markings must be removed by the Customer prior to the shipment being tendered. Any article susceptible to damage by ordinary handling must be adequately protected and packaged and marked in such a way as to alert TFWW of the possibility of damage from ordinary handling and must bear appropriate labels. Under no circumstances shall the company be liable for loss and/or damage to the external shipping containers of any kind. A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of the shipment having received ordinary care in handling.
- Customer shall prepare and present TFWW’s bill of lading with each shipment tendered for transportation provided however that no agent or employee of the parties may alter the terms of this Document, except in a written amendment signed by an officer of TFWW and the Customer. Services performed hereunder are subject to this Document and the rates, rules and classification set forth by the Carrier. Each shipment shall be subject to the Document in effect on the date of acceptance of the shipment by TFWW or its authorized agent. If the Customer fails to present such a bill of lading at the time of tender, TFWW will accept the shipment accompanied by a non-negotiable shipping document, but this Document shall supersede any and all other terms and conditions. This Document contains all of the written representations and warranties of both parties and supersedes any or all oral negotiations and representations. Notwithstanding anything to the contrary and references in the Bill of Lading shall not change TFWW’s status as a property broker.
- TFWW assumes no liability for the selection of services of Third Parties or routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, TFWW shall use reasonable care in its selection of Third Parties, or in selecting the means, route and procedure to be followed in the handling, transportation, and delivery of the shipment. Advice by TFWW that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that TFWW warrants or represents that such person or firm will render such services nor does TFWW assume responsibility or liability for any action(s) and/or inaction(s) of such Third Parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a Third Party or the agent of a Third Party. All claims in connection with the acts or omissions of a third party shall be brought solely against such party or its agents. TFWW shall reasonably cooperate with the Customer; in the processing of any such claim, and the Customer shall be liable for any charges or costs incurred by TFWW.
- Quotations for fees, freight charges, insurance premiums or other charges are for informational purposes only and are subject to change without notice. Notwithstanding anything to the contrary, rates and charges in effect on the day the shipment is accepted by TFWW or its authorized agent will apply. Except as otherwise provided, transportation rates will be assessed on the chargeable weight of the shipment based on the actual or dimensional weight, whichever is greater.
- Declaring a higher value: TFWW will accept excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any added charges for such excess valuations.
- Insurance: Unless requested to do so in writing and confirmed to Customer in writing, TFWW is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay premiums and costs in connection with procuring requested insurance. Insurance is based on cost plus freight plus 10% and charged at a valuation of per $100 insured.
Disclaimers; Limitations of Liability:
- Except as specifically set forth herein, TFWW makes no express or implied warranties in connection with its Services.
- Customer agrees that in connection with any and all Services performed by TFWW, TFWW shall only be liable for its negligent acts, which are the direct cause of the loss or damage of Customers’ goods, provided however TFWW shall not be liable for the acts of any Third Parties, including the Carrier.
- In connection with all Services performed by TFWW, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment, by requesting such coverage and agreeing to make payment for the coverage prior to shipping.
- Unless otherwise specified, liability on truckload and LTL shipments shall be subject to the terms and conditions agreed upon between the Carrier and TFWW in effect on the date of shipment. Carrier’s liability for loss or damage will exist only for loss or damage, which occurred during the time of possession and will cease at the time of delivery. Claims for loss or damage will be paid at Customer’s actual cost of replacing and reshipping the cargo (i.e., direct costs associated with reprinting, remanufacturing, packaging, handling and shipping), as supported by Customer’s invoice documentation. TFWW agrees to acknowledge all product loss or damage claims within thirty (30) days of receipt of such claim; and shall act as a representative of Customer in the facilitation, administration and resolution of cargo claims with Carrier, but shall not be liable for any loss or damage to Customer’s goods while in the care, custody, control or possession of Carrier unless such loss or damage is attributable solely to the negligence or willful misconduct of TFWW.
- Subject to Section 4, TFWW’s and Carrier’s liability for each shipment cargo loss, damage, shall be limited to higher of $50.00 per shipment or $.50 per pound of cargo lost or damaged unless at the time of tender, Customer and TFWW agree to a higher liability in writing.
- IN NO EVENT SHALL TFWW OR THE CARRIER BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ACTS OF THIRD PARTIES.
- TFWW and Carrier shall not be liable for damage caused by force majeure, act of God, wars, riots or other major upheaval, the inherent vice of the shipment or any other causes beyond its reasonable control.
- Receipt of the shipment by the Consignee or the Consignee's agent without notation of shortage, loss or damage will be prima facie evidence the shipment was delivered in good condition.
Truck/LTL Freight Claims: All claims must be received in writing by TFWW within nine (9) months after TFWW accepted the shipment. Concealed loss and damage claims are defined as claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to TFWW. Notice of intent to file a claim for concealed damage must be filed in writing with TFWW within 5 business days of delivery. Shortages and/or damage must be noted on the bill of lading or delivery receipt by the Consignee or the Consignee's agent at the time of delivery. The formal claim must include the following as minimum support:
- Date of Shipment
- Claim Amount
- Bill of Lading
- A description of the property; and
- A copy of the original invoice for the property lost or damaged
- Regardless of mode of transportation, all damaged product and original packaging must be retained until the claim is resolved.
- No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid. Claims will not be deducted from the transportation charges and no claims may be deducted from any charges owed to TFWW. Legal action to enforce a claim must be brought within one (1) year after the claim has been denied in writing by TFWW, in whole or in part.
- The Customer shall pay or indemnify TFWW for all claims, fines, penalties, damages, cost, or other sums, which may be incurred by TFWW due to Customer’s violation of these terms.
- TFWW shall use reasonable care regarding written instructions relating to "Cash/Collect" on "Deliver (C.O.D.)" The C.O.D. amount of a shipment shall be deemed to be the declared value for carriage amount, unless another value is declared. C.O.D. service is provided under the following conditions: a) the Customer must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the "Shipper's C.O.D. Box" on the front of this air waybill; b) Customer must specify the form of payment to be received (cashier's check or company check); and c) TFWW shall have no liability if the bank or consignee refuses to pay for the shipment.
- In the event of the failure or inability of the consignee to take delivery of the shipment after forty eight (48) hours of notice of the shipment's arrival is given, TFWW shall provide written notice to Customer and request disposition instructions. If within 15 days after such notice by TFWW the Customer fails to provide disposition instructions, TFWW will return the shipment to the Customer at the Customers expense. If the Customer fails to accept delivery of a shipment thus returned, TFWW may, upon thirty (30) days notice to the Customer, sell such shipment (s) at public or private sale or auction pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any net proceeds remaining thereafter shall be refunded to the Customer.
- In the event that TFWW successfully defends itself in any legal actions brought by any party with an interest in this shipment, TFWW shall be entitled to an award of reasonable attorney's fees and costs.
- To the extent that Federal Law does not govern it, this Document of service and relationship of the parties shall be construed according to the laws of the State of Illinois. If any provision of the Contract, including the tariffs incorporated by reference, is determined to be invalid or unenforceable the remainder of this contract shall not be affected thereby.
- Payment and Credit Terms. All invoices not paid in full within thirty (30) days of invoice date will be subject to a charge of two percent (2%) per month of the total invoice balance. All payments shall be made in U.S. dollars by check or wire transfer to TFWW's designated bank account. Late payments shall accrue interest from the due date at a rate of one and one-half percent per month or, if lower, the highest rate allowed by law. If Customer fails to pay any undisputed amounts when due, TFWW may, without liability, cease performing any services or delivering any goods until full payment for all outstanding amounts is received. TFWW reserves the right at any time to alter or suspend credit or to change any credit terms provided herein when, in its sole discretion, the financial condition of Customer so warrants. Should any portion of an invoice become disputed, Customer agrees to promptly notify TFWW of the dispute and to deduct and pay the undisputed amount in accordance with the foregoing. The parties agree to use their best efforts to resolve a disputed invoice amount within thirty (30) days.
- Third-Party/Billing Disputes –The Customer, the shipper, the consignee , and the bill to party, shall be jointly and severally liable for all unpaid charges payable on account of each shipment pursuant to this Document and shall pay or indemnify TFWW for claims, fines, penalties, damages, costs (including but not limited to storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by TFWW by reason of breach of this contract or any other default of the Customer, shipper or consignee or their agents.
- Cost of Collection. In any dispute involving monies owed to TFWW, TFWW shall be entitled to all costs of collection, including reasonable attorney's fees and interest.
- The following commodities are not acceptable for carriage at all: coins of any kinds, currency (monies), negotiable securities, human remains, animals, hazardous materials, shipments requiring special governmental authorization, accompanying personnel, or special handling devices, shipments moving "in bond" consigned "to order of" or "to order notify," and shipment unaccompanied by proper Documentation.
- The following are Non-approved commodities for optional Shipper's Interest Coverage ( All Risk) and must be approved by TFWW's Corporate Insurance Department before issuing rates; and prior to shipment: airplanes (unboxed); antiques; autos (valued over $100,000 per item); currency; bullion, specie; bulk commodities; cell phones; computer memory chips; negotiable financial documents (such as stocks, bonds and similar documents); fine art valued at $10,000 per item or greater per item, or $100,000 per shipment; paintings valued at $10,000 per item or greater per item, and $100,000 per shipment; statutes art valued at $10,000 per item or greater per item, and $100,000 per shipment; other works of art valued at $10,000 per item or greater per item, and $100,000 per shipment; jewelry (other than costumer jewelry) valued at $10,000 per item or greater, or $50,000 per shipment; pelts or furs; live animals, plants; nuclear fuels; precious metals; precious and semi-precious stones; scrap metal; tobacco products; manuscripts; yachts or boats valued at $250,000 per item or greater,35 feet long windows or plate glass; marble or granite blocks (or slabs).
- Cargo items tendered for air transportation are subject to Federal Security Controls by air carriers and when appropriate other government regulations. Copies of all relevant shipping documents showing the cargo's consignee, description and other relevant data will be retained on file for at least 30 days from the date the cargo was tendered to TFWW.