The entire agreement between Padex Group Transport & Logistics. (“Broker”) and the enrolled customer, shipper and/or consignee, as the case may be (“Customer”), consists of: (i) the terms on any quote prepared by Broker for Customer, (ii) these Terms and Conditions of Transportation Services, and (iii) any additional terms and conditions proposed by Broker in writing and signed by Seller ((i) through (iii) collectively, the “Agreement”). The Agreement shall become binding when accepted by Customer either by acknowledgment or performance by Broker. These Terms and Conditions of Transportation Services shall apply to all shipments scheduled by Customer and may be amended from time to time by Broker, in its sole discretion. Any terms and conditions proposed by Customer which are additional to or inconsistent with the terms and conditions contained in the Agreement shall be void, unless specifically agreed to by Broker in writing, signed by Broker’s duly authorized representative.
The Broker is a (i) freight broker for purposes of US domestic ground transportation, (ii) freight forwarder and/or indirect air carrier for purposes of air transportation, and (iii) freight forwarder for purposes of ocean transportation. Broker a IS NOT a freight carrier, except for those instances in which Broker expressly agrees in writing to operate as a non-vessel operating common carrier (NVOCC). The Broker reserves the right, in its sole discretion, to refuse to broker/schedule any shipment at any time. “Goods” refers to cargo transported hereunder, including all pieces which are tendered to, and accepted by, Broker on a single bill of lading.
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Each shipment under this Agreement shall be evidenced by one or more transportation documents, which may include, but not be limited to, bills of lading, air waybills, ocean bills of lading, warehouse receipts manifests or any other documents purporting to control the custody and/or movement of the Goods (collectively, the “Transportation Documents”), showing the kind, quantity and condition of the Goods received and delivered by Broker or its subcontractors at the loading and unloading points, respectively. In the case of a conflict with any term or condition of this Agreement, the Transportation Document or the carrier’s General Rules Tariff, the carrier’s General Rules Tariffs shall take precedence and govern, then the Transportation Document, then this Agreement – in that order of priority. If a shipment originated outside the United States, the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment.
All charges are payable in US Dollars, due and payable NET fifteen (15) days from the date of invoice by Broker, provided Customer’s credit application is approved. Alternative terms may be required if the credit application is incomplete or Customer’s credit score does not meet Broker’s standards. Overpayments do not accrue interest and are subject to the Laws of the Commonwealth of Pennsylvania. In the event the Broker retains an attorney or collection agency to collect unpaid charges or for the enforcement of the Agreement, and Customer shall also be liable for all attorneys’ and collection agency fees incurred, together with all related costs and expenses.
Quotations by Broker are for informational purposes only and are subject to change without notice. No quotation binds Broker unless Broker agrees to handle or transport the goods at specific rates and payment terms.
Rate acceptance is required in writing prior to Goods booking, which rate is subject to change by carrier upon its receipt of the Goods. Domestic less-than-truckload (“LTL”) rates are based on the freight class as determined by the NMFC (National Motor Freight Classification). All displayed transit times for surface transportation are estimates only and do not include day of pickup, and surface transportation pickup dates are not guaranteed. Surface transportation rates are based on road regal weight and inclusive of fuel surcharge unless otherwise specified, which fuel surcharge is subject to fluctuation. Overweight containers are subject to additional cost. Rates are subject to (i) chassis usage surcharge, chassis split, lift, and/or repossession charge, if applicable, and (ii) any GRI, PSS, port congestion, BAF and other accessorial charges or increases as per carrier(s) without notice at time of shipment. All guaranteed LTL services are governed exclusively by the carrier’s General Rules Tariff.