PERTAINING TO ALL SERVICES. Freight Pass, LLC are non-asset-based brokers and will be referenced as a broker when any determination of relationship is needed between Freight Pass, LLC and Customer. Customer acknowledges that Freight Pass, LLC is acting under this contract as a broker, and not as a motor carrier (“Carrier”) and is making no representations hereunder that it is a Carrier. Customer hereby applies to Freight Pass, LLC for credit and this form is Customer’s authorization to contact credit references and banking institutions at any time for full disclosure of current credit status and release of credit history. This form is not an agreement to extend credit. Freight Pass, LLC, at its discretion, may extend or withdraw credit at any time. Customer will promptly notify Freight Pass, LLC of any subsequent changes which would affect the accuracy of any information provided. Customer agrees to pay all invoices within 30 days of the invoice date. Further, Customer agrees to pay a service charge of 1 ½% per month on any and all past due balances. Customer shall be responsible for 15% attorney fees on the principal and accrued interest combined in the collection. By signing this form, Customer and Freight Pass, LLC hereby submit to the sole and exclusive jurisdiction and venue of the state courts located in Fulton County, Georgia with respect to any and all matters arising from or related to this agreement and services rendered. Customer waives all objections to venue and jurisdiction, including forum non conveniens. By doing business with Freight Pass, LLC, you are subject to Freight Pass, LLC Customer Terms and Conditions.
INSURANCE. Freight Pass, LLC requires all Carriers to demonstrate $100,000 in cargo coverage subject to terms and conditions therein. LTL freight liability insurance can range anywhere from ten cents ($0.10) to twenty dollars ($20.00) per pound, depending on the Carrier’s liability provisions and/or the class of the commodity. Additional cargo insurance can be arranged by written request from the Customer and approved by Freight Pass, LLC.
LESS THAN TRUCK LOAD (LTL). LTL rates provided by Freight Pass, LLC are based on origin and destination zip codes, distance, commodity freight class (per the National Motor Freight Classification and/or the shipment’s density, depending on the particular Carrier’s pricing terms), and gross shipping weight including all packaging materials, crating, and/or pallets as a cost-per-pound and volume of space required for transit. The Customer is required to use the BOL supplied and issued by Freight Pass, LLC. Failure to do so may result in delivery delays of freight and extra charges due to loss of discounts and reprocessing fees.
QUOTED RATE. All shipments are rated, quoted, and booked based on the exact information provided by the Customer. Rate quotes are recommendations that include the following factors in calculation: (1) The gross weight of the shipment including all packaging materials and pallets. (2) The exact commodity being shipped, described by its freight class and/or NMFC code. (3) The dimensions per shipping unit and volume of space needed. (4) The number of shipping units. (5) Accessorial Services: these services are provided by the Carrier in addition to the basic transportation service of the freight. Shipments are quoted from dock to dock; therefore, any assessorial services will result in additional charges. These include, but are not limited to: lift gate service, “limited access” pickups/deliveries, including residential, inside pickups/deliveries, appointments and/or notification service, temperature control, location updates, and other services outside of the standard shipping of freight.
ADJUSTMENTS. The Carrier reserves the right to verify a shipment’s weight, dimensions, freight class, and any assessorial services provided; accessorial services include but are not limited to detention, lift gate service, residential/limited access service, appointments, and lumper service. In the event a Carrier discovers these items are incorrectly described on the bill of lading, a freight inspector will document the differences and a “Billing Adjustment” will be issued. Should this occur, the Customer agrees to pay for all adjustments (if any) and adjustments will be automatically charged to the Customer’s open account with Freight Pass, LLC. Billing adjustments may also incur a rebilling and reprocessing fee.
DRAYAGE. Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by Freight Pass, LLC to Customer are for informational purposes only and are subject to change without notice. Customer will be renting space in containers subject to charges for the time period a container is used. All charges must be paid by Customer in advance unless Freight Pass, LLC agrees in writing to extend credit to Customer. Freight Pass, LLC will invoice for per diem, detention, and demurrage charges upon receipt from steamship line or airline. Per diem, detention, and/or demurrage invoices may be submitted separately to Customer and are due upon receipt of invoice by Customer. Penalty charges may apply where invoices are not paid within seven (7) days of receipt. Freight Pass, LLC reserves up to six (6) months after shipment is completed to invoice for per diem, detention, and/or demurrage. Processing fees from Carriers may apply. Customer is responsible for payment on invoices for any additional charges incurred from freight forwarder, steamship, and/or airline.
INITIAL BILLING. The estimated/initial cost for each shipment is billed and charged to the Customer’s open account at the time of dispatch. The Customer understands that this initial billing is based on the information provided by the Customer and that this billing is done in “good faith” by Freight Pass, LLC with the assumption that the Customer provided true and accurate information reflecting the actual description of their shipment and services to be provided.
DISPUTES. If rates are adjusted by the Carrier, Freight Pass, LLC has five (5) business days to dispute and appeal the adjustments. Freight Pass, LLC then has the opportunity to provide proof to reverse these adjustments. Customer promises to provide written notice to Freight Pass, LLC in five (5) business days of any disputes.
CANCELLATION OF SERVICES. The Customer may cancel a freight shipment at any time up to twenty-four (24) hours from the scheduled pickup, or else a fee of up to ten (10%) percent of the predetermined line haul amount may be charged to compensate the Carrier.
ELECTRONIC SIGNATURE (ESIGNATURE). Customer consents and agrees that their use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action while using any electronic service Freight Pass, LLC offers; or in accessing or making any transactions regarding any document, agreement, acknowledgment, consent, term, disclosure, or condition constitutes Customer’s signature, acceptance, and agreement as if actually signed by Customer in writing. Further, Customer agrees that no certification, authority, or other third-party verification is necessary to validate Customer’s electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Customer’s signature or resulting contract between Customer and Freight Pass, LLC. Customer understands and agrees that the eSignature executed in conjunction with the electronic submission of the application will be legally binding and such transaction will be considered authorized by Customer.
BATCH INVOICING. Batch invoicing is a service available to qualifying Customers. Invoices will be consolidated and sent to Customer at the specific batch interval that is selected. Payment terms for batch invoicing are determined based on the batch interval. Weekly invoicing requires NET 21 payment terms; bi-weekly invoicing requires NET 15 payment terms; monthly invoicing requires payment due immediately upon receipt of the batch invoices. Freight Pass, LLC, at its discretion, reserves the right to cancel batch invoicing at any time, without notice to the Customer. Customer understands that failure to pay within the batch invoice terms may result in Freight Pass, LLC revoking the Customer’s use of this service in the future and is subject to all of Freight Pass, LLC Customer Terms and Conditions.
NOTICE. The contract provisions located at www.freightps.com/services are incorporated by reference and constitute a part of this Contract. Reference should be made to the extended terms of this Contract as stated above and located at www.freightps.com/services for information regarding all Customer Terms and Conditions. Any business conducted between Freight Pass, LLC and Customer will be done with the reliance upon the presumption that the Customer has thoroughly reviewed and agreed to all Freight Pass, LLC terms and conditions.