Freightquote® Limited (the "Company") is the free service that simplifies shipping freight whether truckload, container, domestic or international air and sea transport. From secure customer accounts, the website provides access to numerous freight carriers and shipping companies and allows automated transport via ground, air, rail and ocean.
The enrolled customer, shipper, freight broker, freight forwarder, consignor, and/or consignee (hereinafter collectively referred to as "Customer") agrees to these Terms and Conditions which no agent or employee of the Customer parties may alter. These Terms and Conditions shall apply to this and all future shipments scheduled by the Customer, unless and until these Terms and Conditions are altered or amended by the Company's issuance of new Terms and Conditions which will be found at www.freightquote.eu/Public/AboutUs/FQ/Terms.aspx.
The Company reserves the right to amend these Terms and Conditions from time to time without notification to any third party of such amendments.
The general rules tariffs, set forth by individual carriers (“General Rules Tariffs”) and provided as solutions with the Company, will in the event of any conflict between their terms and the Company's Terms and Conditions will take precedence over the Company's Terms and Conditions stated herein.
The Company is a freight broker and not a freight carrier. The Company reserves the right, in its sole discretion, and without specifying any reason therefor, to refuse any shipment at any time.
1. Shipping Instructions
All shipping instruction documents are non-negotiable and have been prepared by the enrolled Customer or by the Company as the Customer's agent on behalf of the Customer and shall be deemed to have been prepared by the Customer and to bind the Customer. Any unauthorised alteration or use of shipping instruction documents or tendering of shipments contracted for on the basis of these Terms and Conditions to any carrier other than that designated by the Company, or the use of any shipping instruction documents not authorised or issued by the Company shall void the Company's obligations to make any payments relating to this shipment and shall void all rate quotes provided by the Company in respect of such shipment.
2. Customer's Warranties
The Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, consumer 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 each Shipping Instructions Documents as are necessary to comply 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. The Customer agrees to procure that 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 the Customer.
3. Necessary Documentation
The Customer is required to use the Company's system generated shipping instructions document for all shipments (as may be amended by the Company from time to time). If the Customer does not complete all of the documents required for carriage, or if the documents which it submits are not appropriate for the services, pick up or destination requested, the Customer hereby authorises the Company, where permitted by law, to complete, correct or replace the documents for it at the expense of the Customer. However, the Company is not obligated to do so. If a substitute form of shipping instructions document is needed to complete delivery of this shipment and the Company provides that document, the terms of this revised shipping instructions document will prevail as regards the arrangements between the parties. The Company is not liable to the Customer or to any other person for any actions taken by or on behalf of the Customer under this provision.
4. Payment
All charges are payable in either GBP or EUR as may be specified in the relevant shipping instructions document and are due and payable fourteen (14) days from the date of billing, and 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. All funds received by the Company will be applied to the oldest (based on pick-up date) invoiced shipping instructions document that is outstanding. 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 33% of the amount due and the Customer shall also be liable for all attorneys and collection agency fees incurred by the Company, together with related costs and expenses. All Customers are jointly and severally liable for the freight charges relating to this shipment.
All Customers are subject to credit approval. The Company intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of the Company. When paying by credit card or electronic funds, the Customer agrees that 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 from the Customer's credit card or bank account.
The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and the Company's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, the Customer shall procure that all other parties engaged by it for the purpose of scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment. The Company shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. 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 provided at the time of the original quote or if additional services by the carrier were required or otherwise authorised by the Customer to perform the pick up, transportation and delivery functions therein. The Customer is permitted thirty (30) Business Days from the date of the invoice to dispute any invoiced charges. If the Company does not receive details of a dispute within the allowable thirty (30) Business Days (each “Business Day” being defined for the purposes of these Terms and Conditions as a full working week-day in Dublin), the disputed item will be denied by the Company.
5. Claims and Limitations of Liability
The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. 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 filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment by the Customer is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Company to help ensure timely resolution. The Company will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefor. Please contact the Company for more details regarding carrier insurance or carrier liability.
Where the Company files any claim for damage with the carrier on behalf of the Customer and receives recovery funds, the Company 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 Company is not liable for any injury, loss, damage, mis-delivery or non-delivery caused by any act, default or omission of the carrier. The Company is not liable for any injury, loss, damage, mis-delivery or non-delivery caused by any act, default or omission of the Customer or any other party who claims interest in any shipment, or caused by the nature of the shipment or any defect thereof. The Company is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of these Terms and Conditions contained in the shipping instructions document or of the carrier's General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Company is not liable for losses, mis-delivery or non-delivery caused by any acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. The Company is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of the Company.
Subject to the limitations of liability contained in the shipping instructions documents and the carrier's General Rules Tariff, the Company shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Company's own gross negligence. The Company's liability therefor shall be limited to the fees that the Company has earned with respect to the subject shipment.
The Company makes no Warranties express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose, with regard to deliveries or with regard to this website, information provided on this website or services related to transaction conducted on this website. The Company cannot guarantee delivery by any specific time or date. In any event, the Company shall not be liable for any special, incidental or consequential damages and including but not limited to loss of profits or income, whether or not the Company had knowledge that such damages might be incurred.
6. 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 for any enrolled Customer shall be governed by the laws of Ireland.
All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.
The Customer shall not cause the Carrier to carry cash, currency, money orders, stocks, bonds, un-cancelled postage or revenue stamps, travelers cheques, vouchers, jewellery, precious stones and or other valuables, framed items, memorabilia, powered vehicles (including children's vehicles), unless palletised ,livestock, liquids, perishable goods, glass, glasses, controlled drugs, proscribed or dangerous items, pornographic, obscene, racist or libelous items, material designed to incite hatred, prohibited publications of all kinds and all items where possession or transportation by road, rail, land, sea or air is prohibited by law. Food and drink cannot be sent to countries outside the Republic of Ireland, due to increasingly stringent customs regulations. No refunds or claims will be applied if goods are confiscated, destroyed or returned because they contain - or are believed to contain by the relevant statutory authorities any of the above.
7. Carriers Liability Insurance
The Customer is required to maintain in force its own carriers’ liability insurance policy. While the Company may be prepared to assist individual Customers in procuring insurance cover in respect of such Customer’s business, the Company has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the conduct or payment of claims related to such insurance. In the event of cargo loss or damage, the Customer is required to contact the claim agent noted in the relevant insurance policy immediately. If the loss or damage is apparent, the Customer must note such loss or damage information on the relevant shipping instructions document or delivery receipt. If the loss or damage is not apparent (concealed), the Customer must contact the claims agent noted in the relevant insurance policy within 3 days after taking delivery. |
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