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 Cross-Border International (hereinafter referred to as “Broker”) issuance of new TERMS AND CONDITIONS which can be found at www.cb-intl.com.
The General Rules Tariffs, as set forth by the carriers, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Broker’s TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, the Broker’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 Broker is a freight broker and NOT a freight carrier. The Broker reserves the right, in its sole discretion, to refuse any shipment at any time.
- Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by Broker 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 Broker, or the use of any Bill of Lading not authorized or issued by the Broker shall VOID the Broker’s obligations to make any payments relating to this shipment and VOID all rate quotes.
- Agreement to Terms
Customer agrees that international and domestic carriage by a Carrier of any shipment tendered using eShip shall be in accordance with the terms, conditions and limitation of liability set on the non-negotiable BOL, Air Waybill, Label, Manifest, or Pick-up record (collectively “shipping documentation”) and as appropriate any transportation agreement between customer and Broker and/or Carrier covering such shipment and in any applicable Tariff, Service Guide, or Standard Conditions of Carriage, which are incorporated into this agreement by reference. If there is a conflict between the shipping documentation and any such document then in effect or this agreement, the transportation agreement, Tariff Service Guide, Standard Conditions of Carriage, or this agreement will control in this order of priority.
If a shipment originated outside U.S., the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of this web site shall not alter your responsibility for the preparation and accuracy of shipping documentation including export/import.
- Printed Signature
You acknowledge that if you process shipments to locations outside the country where your shipment originates, you must enter, to print in lieu of a manual signature on the Air Waybill, the name of the person completing the Air Waybill for all such shipments tendered using eShip. You further acknowledge that such printed name shall be sufficient to constitute signature of the Air Waybill on your behalf for purpose of the Warsaw Convention and for all other purposes, and your acceptance of the Carrier’s terms and conditions of carriage contained in the applicable Carrier’s Service Guide, Standard Conditions, Tariff Air Waybill or transportation agreement under which the shipment is accepted by the Carrier, Broker, or its independent contractor.
- Customer 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 Broker 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.
- Necessary Documentation
The Customer is required to use the Broker’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 Broker, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Broker is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Broker completes that document, the terms of this Bill of Lading will govern. The Broker is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
All charges are payable in US Dollars 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 1-1/2% 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 Broker will be applied to the oldest (based on pick-up date) invoiced Bill of Lading that is outstanding. Overpayments do not accrue interest and are subject to the Law 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 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 Broker 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 Broker. 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 Broker’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. The Broker shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Broker 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 Broker does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Broker.
- 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 Broker to help ensure timely resolution. The Broker will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. No claim will be reviewed until all shipping and related charges have been paid to Broker. All packaging and containers must be made available for inspection by Broker. Insurance claim payments, minus $100.00 USD deductible, will be made in U.S. dollars. Please contact the Broker for more details regarding carrier insurance or carrier liability.
Where Broker files damage claim with carrier on behalf of Customer and receives recovery funds, The Broker 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 Broker is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. The Broker 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 Broker 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 Broker 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 Broker 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 Broker.
Subject to the limitations of liability contained in the Bill of Lading and the carrier’s General Rules Tariff, the Broker shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Broker’s own gross negligence. The Broker’s liability therefore shall be limited to the fees that the Broker has earned with respect to the subject shipment.
THE BROKER 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 BROKER CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE BROKER 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 BROKER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Domestics 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. Broker will not process TL shipments through this service. Rates for TL shipments can be negotiated directly with Cross-Border International North America Division (1-866-564-7587).
- Guaranteed Services
Guaranteed LTL Services are inclusive of transit times only as noted by the Carrier selected. Guaranteed LTL Service transit times do not include holiday and/or no service days as defined by the individual Carrier. Guaranteed LTL Service shipments must be scheduled before 3:00 pm the day of pickup, and must be picked up no later than 5:00 pm. Deliveries requiring special services, equipment, liftgates, COD, order notifications, or appointments are not eligible for Guaranteed LTL Service. Shipments not delivered within date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the Carrier. These reasons could include, but are not limited to, the following conditions: acts of God; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions by: shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, city or local roads, streets, or highways resulting in travel delays by Carrier; shipments not accepted by the consignee when offered for delivery. Additional terms and conditions may apply according to the Carrier’s published Rules Tariff. This service is not a guarantee for pickup. Pickup Day is not included in the qualification and calculation of transit time. In the event of Carrier failure to comply with the guaranteed service requested, the Broker will cancel 100% of shipment charges on customer request. If the shipment charges have already been paid, then a refund will be issued in the amount of the paid charges. In no event shall the Broker be liable nor will any account be credited if the customer does not use the broker’s bill of lading.
- Domestic Transit Insurance
Through the purchase of the quoted cargo insurance, underwritten by Continental Insurance Company and issued to Cross-Border International, Policy Number OC 24-2486, the enrolled Customer will receive an insurance policy equal to the declared value amount entered.
FAILURE TO PURCHASE CARGO INSURANCE WILL RESULT IN CUSTOMER 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 Continental Insurance Company and the purchaser is bound by the terms and conditions of the cargo insurance policy number indicated above. The full Policy is held by Cross-Border International.
The Broker 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.
The Policy covers goods in transit within the Continental United States and/or Canada, subject to the terms and conditions contained therein. Coverage is from door to door during the ordinary course of transit.
Insuring Conditions: All Risks of Physical Loss or Damage from any external cause.
Exclusions: Inherent Vice, inventory shortages or mysterious disappearance, nuclear reaction or nuclear radiation or radioactive contamination or insufficient packing
Limit any one conveyance: $250,000.00
The general policy covers New General Merchandise only. Special quotes can be obtained for alcoholic beverages, tobacco, bagged goods, cell phones, firearms, jewelry, precious metals, bank notes, securities, works of art, valuable papers, computer chips, circuit boards, dangerous goods, antiques, used goods, glass, ceramics, marble, fresh and frozen foods, confectionary, asbestos, tiles, furs, live animals, bulk commodities perishable goods, paper, newsprint, lumber, logs and plywood. The Customer warrants that the interest insured hereunder is in good condition at the commencement of coverage. 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 Continental Insurance Company. In no event shall any claim be recoverable hereunder unless notice is given to Continental Insurance Company within thirty days of the termination of this insurance.
Disclaimer: The above is a general overview of the Inland Transit Endorsement that forms part of the Open Policy mentioned above
- Right to Reject Requests for Shipping Services
Broker reserves the right to reject any request for shipping in its sole discretion. Without limitation, any shipment containing any item that is considered a restricted article or hazardous material by the Department of Transportation (DOT), International Air Transport Association (IATA), or the International Civil Aviation Broker (ICAO), will not be shipped by Broker. Shipments containing items that cannot be transported legally or safely, include, but are not limited to:
- Precious Metals
- Precious Stones
- Negotiable items in Bearer Form
For further information concerning items that cannot be shipped by Broker, please call 866-335-7623.
- Obligations of Broker
Broker and its agents and carriers agree to use commercially reasonable efforts to, either directly or indirectly:
(a) match the item(s) of each shipment against the item(s) set forth on the shipping directions from Customer; (b) inspect each shipment and note all apparent damage on the appropriate freight bill, delivery receipt, or similar document evidencing delivery, and notify Customer of such damage; and (c) deliver all shipments to locations directed by Customer. Broker may ship the items by any means, including truck, air, vessel, or any other carrier, unless Customer gives specific electronic or written instructions to the contrary.
- Customer Release of Liability
Broker shall not be held liable by Customer for the following:
- Accuracy of item description, its contents, or its condition.
- Any other limit of liability related to the item being shipped.
- Independent Contractor
Broker shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.
Broker shall engage and/or subcontract with such entities and/or individuals as it may deem necessary or appropriate in connection herewith, it being understood and agreed that such entities or individuals shall be subcontractors of Broker only and shall be subject to discipline and control solely and exclusively by Broker.
- Obligations of Customer
Customer represents and warrants to Broker as follows: (a) all items to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) Customer will make every effort to accurately measure the dimensions and weights of all items and understands that the Broker rate depends upon the accuracy of this information (c) Customer’s authorized representative(s) shall be identified to Broker’s agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign, all documents evidencing pick-up of the items to be shipped by Broker; and Customer is the legally documented owner of all property received by Broker, and/or is authorized to cause such property to be stored and otherwise controlled by Broker as provided in the applicable Bill of Lading.
- Carrier’s and Warehouseman’s Lien
Customer acknowledges that Broker and its subcontractors have both a carrier’s and warehouseman’s general lien on all of the tangible personal property being handled pursuant to any Bill of Lading. This lien may be enforced by Broker and its subcontractors at any time at either a public or private sale with or without a judicial hearing. Customer also grants Broker a security interest in the tangible personal property being handled under any Bill of Lading until Customer has fully satisfied all liabilities, whenever occurring, owed to Broker. Broker is authorized to file financing statements under the Uniform Commercial Code covering any such tangible personal property without Customer’s signature, and Broker shall have all the rights and remedies of a secured party under the Uniform Commercial Code.
- Limitation of Warranty
EXCEPT AS OTHERWISE PROVIDED HEREIN, Broker MAKES NO WARRANTIES FOR THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- Compliance with Law
Each party shall, at all times while these TERMS AND CONDITIONS are in effect and at its own expense, comply with all applicable federal, state, and local laws, rules and regulations, and shall maintain in full force and effect all license and permits required for performance under these TERMS AND CONDITIONS.
- Force Majeure
Any delay or failure of performance of either party to these TERMS AND CONDITIONS shall not constitute a breach or default of these TERMS AND CONDITIONS or any Bill of Lading, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations, or ordinances. In the event that a party intends to invoke this force majeure provision, that party shall provide prompt notice to the other party as soon as possible after the occurrence of the event giving rise to the claim of force majeure.
- Entire Agreement
These TERMS AND CONDITIONS together with all Bills of Lading entered into between the parties completely and exclusively states the agreement of the parties regarding the subject matter hereof and supersedes all prior negotiations, representations or agreements with respect to the subject matter hereof, written or oral, and may be amended only by written instruments signed by all parties hereto. If any part of these TERMS AND CONDITIONS is found unenforceable, it will not affect the validity or enforceability of any other provision of these TERMS AND CONDITIONS.
- Governing Law
THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS AND CONDITIONS AND ALL BILLS OF LADING HEREUNDER SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLAVANIA.
Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment scheduled or tendered hereunder or through the Broker’s website, or relating to any and all disputes between the Broker and the enrolled Customer, shall be filed in the Court having jurisdiction within the Commonwealth of Pennsylvania.
- Venue and Personal Jurisdiction
Any action arising out of or relating to theses TERMS AND CONDITIONS and all Bills of Lading contemplated hereunder will be exclusively venued in a state or federal court situated within the Commonwealth of Pennsylvania. Customer hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes.
Facsimile and Electronic Signatures: These TERMS AND CONDITIONS and all Bills of Lading entered into hereunder may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. These TERMS AND CONDITIONS and all Bills of Lading entered into hereunder may be executed by facsimile signature or by any other electronic means and such signatures shall be deemed to be originals for all purposes under these TERMS AND CONDITIONS and any Bill of Lading.
The Web Site is provided by eShipPlus and available only to entities and persons over the legal age of majority who can form legally binding contract(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.
- License and Ownership
- Prohibited Uses
- You shall not disguise the origin of information transmitted through the Web Site.
- You will not place false or misleading information on the Web Site.
- You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by eShipPlus.
- You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
- Certain areas of the Web Site are restricted to customers of eShipPlus.
- You may not use or access the Web Site or the eShipPlus Systems or Services in any way that, in eShipPlus’ judgment, adversely affects the performance or function of the eShipPlus Systems, Services or the Web Site or interferes with the ability of authorized parties to access the eShipPlus Systems, Services or the Web Site.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of eShipPlus.
You agree that eShipPlus, in its sole discretion, may terminate or suspend Your use of the Web Site, the eShipPlus Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the eShipPlus Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that eShipPlus shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the eShipPlus Systems, Information and/or the Services.
- Disclaimer of Warranties
eShipPlus MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE eShipPlus SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
- Limitation of Liability
- Governing Law and Jurisdiction
- Complete Agreement