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  The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as "Customer") agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by the Organization's issuance of new TERMS AND CONDITIONS which will be found at www.smartshipper.com.

  The General Rules Tariffs, set forth by the carriers provided as Solutions with the Organization, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Organization's TERMS AND CONDITIONS stated herein. If not stated within the carrier's General Rules Tariff, the Organization's TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

  The Organization is a freight broker and NOT a freight carrier. The Organization reserves the right, in its sole discretion, to refuse any shipment at any time.


  1. Bills of Lading

  All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by ("The Organization") as Customer's agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Organization, or the use of any Bill of Lading not authorized or issued by the Organization shall VOID the Organization's obligations to make any payments relating to this shipment and VOID all rate quotes.


  2. Customer's Warranties

  The Customer is responsible for and warrants their compliance with all applicable 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. The Organization 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. 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.


  3. Necessary Documentation

  The Customer is required to use the Organization's system generated Bill of Lading. 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, the Customer hereby instructs the Organization, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Organization is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Organization completes that document, the terms of this Bill of Lading will govern. The Organization is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.


  4. Payment

  All charges are payable in US Dollars and are due and payable 30 (thirty) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 1-1/2 % 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 Organization will be applied to the oldest (based on pick-up date) invoiced BOL that is outstanding. Overpayments do not accrue interest and are subject to New Jersey State Law. In the event the Organization 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% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges relating to this shipment.

  All Customers are subject to credit approval. The Organization 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 Organization. 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 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 Organization's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment. The Organization shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Organization 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 pick up, 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 Organization does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Organization.


  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 is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Organization to help ensure timely resolution. The Organization will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact the Organization for more details regarding carrier insurance or carrier liability.

  Where Organization files damage claim with carrier on behalf of customer and receives recovery funds, The Organization 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 Organization is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. The Organization is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. The Organization is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading 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 Organization is not liable for losses, mis-delivery or non-delivery caused by the 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 Organization 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 Organization.

  Subject to the limitations of liability contained in the Bill of Lading and the carrier's General Rules Tariff, the Organization shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Organization's own gross negligence. The Organization's liability therefore shall be limited to the fees that the Organization has earned with respect to the subject shipment.

  THE ORGANIZATION 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 TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE ORGANIZATION CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE ORGANIZATION SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE ORGANIZATION 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 Organization's website, or relating to any and all disputes between the Organization and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the District Court of Essex County, New Jersey or in the United States District Court for the District of New Jersey and shall be subject to New Jersey law.


  7. Rates

  LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.

  TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. Providing 48-hour notice is given, the Organization assures coverage of Truckloads within 4 hours of Customer's requested pickup, excluding weekends and holidays, weather or national emergency. Trade show shipments cannot be guaranteed. If Organization is unable to fulfill this pledge, we will credit your account $100.00 toward your next Truckload. Truckload cancellations require 24 hour notice to avoid penalty. Once SmartShipper.com has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the bill of lading at the agreed upon price, or a equipment not used (EON) fee of up to $200 will be assessed.

  Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit days may apply.

  Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity/product type.

  Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply.

  All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.


  8. Guaranteed Services

  LTL Guaranteed Services are 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 Pickup. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with the Organization. If the Organization does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event of carrier failure to comply with the guaranteed service requested and after the carrier has agreed to liability, the Organization will credit the account of the said Customer. In no event shall the Organization be liable nor will any account be credited if the Customer does not use the Organization's Bill of Lading.


  9. Shippers Interest Contingent Cargo Liability Insurance

  Company: Fireman's Fund Insurance Company
  Policy Limit: $10,000
  Deductible: $100 Per Claim (excluding owner packed Household Goods).
  $1500 deductible applies to owner packed Household Goods.

  Through the purchase of the quoted cargo insurance, underwritten by Fireman's Fund Insurance Company, the enrolled customer, shipper or consignee will receive an insurance policy equal to the declared value amount entered. FAILURE TO PURCHASE CARGO INSURANCE WILL RESULT IN SHIPPER BEING LIMITED TO RECOVERY PURSUANT TO THE TERMS OF CARRIER'S GENERAL RULES TARIFF. Upon completion of the purchasing and approval process, including cargo insurance coverage acceptance and final shipment confirmation, a Certificate of Insurance will be issued to the indicated Certificate Holder by the end of the next business day. The Certificate of Insurance is issued by Fireman's Fund Insurance Company and is bound by the terms and conditions of the cargo insurance policy.

  The Organization has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. In the event of cargo loss or damage, the Certificate Holder is to contact the Claim Agent noted on the Certificate of Insurance immediately. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading/delivery receipt. If the loss or damage is not apparent (concealed), the certificate holder must contact the Claims Agent noted on the certificate within 3 days after taking delivery.


  Policy Terms and Conditions

  It is warranted by the Assured:

  That the interest insured hereunder is in good condition at the commencement of coverage. That no claim for loss and/or damage shall attach unless, immediately on the first discovery of any loss and/or damage to any part of the interest hereby insured, written notice shall have been given to Fireman's Fund Insurance Company. In no event shall any claim be recoverable hereunder unless notice is given to Fireman's Fund Insurance Company within thirty days of the termination of this insurance.

  That the value to be made good in case of the interest insured hereunder being condemned on or after arrival shall in no case exceed the sound market value, less usual charges, or the insured value, whichever may be the smaller.

  New or Used Autos

  Warranty - Each shipment must have a written pre-shipment report of condition noting any damages. If there is no pre-shipment report, coverage shall exclude claims for scratching, denting, bruising and cost of repairing.

  Coverage excluded:

  1. frost damage and mechanical derangement unless caused by an external impact to the vehicle
  2. loss of, or damage to the following: radios, cassette recorders, CD players and/or cassette players and similar equipment, any contents of the vehicle that are not a permanent part of the vehicle as it came from the manufacturer.

  There is no coverage while the vehicle is being operated under its own power.

  Household Goods and Personal Effects

  1. Coinsurance - This policy is subject to a 100% coinsurance clause, so that if the property covered by this insurance shall at the time of the loss be of greater value than the sum insured, the Assured shall be entitled to recover hereunder such proportion of the said loss as the sum insured by this policy bears to the total value of the said property.

  2. Pairs and Sets Clause - Where any insured item consists of articles in a pair or set, this policy is not to pay more than the value of any particular part or parts which may be lost without reference to any special value which such article may have as part of such pair or set, nor more than a proportional part of the such pair or set.

  3. Depreciation - Underwriters' liability is restricted to the reasonable cost of repair and no claims shall attach hereunder for depreciation consequent thereon.

  4. Mechanical and Electrical Derangement - This coverage excludes loss of or damage due to mechanical, electrical or electronic derangement unless there is evidence of external damage to the insured item or its packaging.

  5. This Policy excludes loss or damage due to moths, vermin, wear and tear, and gradual deterioration.

  6. Replacement Clause - In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered under this policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts, plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable, Provided always that in no case shall the liability of the Underwriters exceed the insured value of the complete machine.

  7. Climate Conditions Clause - This policy excludes loss or damage caused by climatic or atmospheric conditions or extremes of temperature.

  8. Owner Packed Goods - Coverage under this policy excludes breakage, scratching, denting, chipping, staining and tearing of owner packed effects, including trunks, suitcases and the like. Also excluding claims for missing items unless a valued list of contents is supplied by the owner prior to commencement of transit.

  9. Excluded Goods - Coverage does not apply to cash, notes, stamps, deeds, tickets, travelers' checks, jewelry, watches or similar valuable articles.

  10. Accompanied Personal Effects - This policy excludes loss in any form from an unattended vehicle.

  Steel Sheets, Coils Bars, Billets, and the like

  11. This Policy excludes loss, damage or expense caused by rust, oxidation, corrosion or discoloration absolutely. Coverage also excludes twisting, bending and distortion unless caused by a peril insured against.

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