For purposes of these Terms and Conditions, “MyExpressFreight.com,” “MyExpressFreight,” “Company,” “Broker,” and “Carrier” shall include G. Katen & Partners, its owners, affiliates, agents, representatives, contractors, carriers, and assigns. G. Katen & Partners does business as (“DBA”) MyExpressFreight.com. By booking, tendering, or arranging shipment of freight through MyExpressFreight.com, Customer acknowledges and agrees that all services are provided by G. Katen & Partners DBA MyExpressFreight.com and agrees to be bound by these Terms and Conditions.
The use of MyExpressFreight and/or the dispatching of a shipment, no matter the size, via G. Katen & Partners Company LLC "GKP" the Customer, Shipper and/or Consignee (hereinafter referred to as the "Customer" agrees to these Terms and Conditions which no party may alter. The freight carrier(s) is subject to all state and federal laws and regulations applicable to the transportation of the shipment and is therefore exclusively liable for the shipment. The Customer understands and agrees that the freight company or companies that actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of your shipment. At no time shall GKP or any entity owned or controlled by GKP be responsible for such claims. Customer understands and acknowledges that accurate weights, sizes and description of shipment including the freight class and NMFC code are necessary for proper rate quotations. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and or carrier terminal drop off or pick up. Residential services are available and are charged as an assessorial service. If pickup and or delivery are requested by the Customer, the Customer warrants the locations will be carrier equipment accessible. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service. Customer agrees to ensure the shipment is properly prepared for transport by freight carrier (packaging and addressing) unless these services have been arranged for as an assessorial service. The Customer agrees to pay for all services as actually provided by GKP and the assigned Freight Carrier(s).
All GKP Bill of Lading's are to be considered NON-NEGOTIABLE and has been prepared by the enrolled Customer or by GKP on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the carrier or carriers that actually provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the GKP terms and conditions stated herein. If not stated within, the carrier's General Rules Tariff, the GKP terms and conditions as stated here within shall control. In the case of conflict between the TERMS AND CONDITIONS contained here within 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. Required Use of Bill of Lading (BOL): The Customer agrees to sign the BOL provided by GKP prior to pick up.
Customer must then provide (2) copies of the signed BOL to the shipper (the party at the point of pickup). The Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting freight carrier. The Customer agrees to hold the consigned freight carrier exclusively liable for loss or damages to said shipment. 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, the Customer hereby instructs GKP, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However GKP is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and GKP completes that document; the terms of this Bill of Lading will govern. GKP is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
The Customer acknowledges their responsibility, and warrants their compliance with all applicable state & federal 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 completely and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. GKP 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 the Customer. GKP may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: Bill of Lading is not signed by the Customer, unauthorized alteration or unauthorized use of this Bill of Lading, shipments tendered to any carrier other than that designated by GKP and shipments tendered with any Bill of Lading not issued by GKP.
This shipment was rated based on information provided by and approved by the Customer. Rate calculation includes: the type of item(s) being shipped (class), weight, size, volume, type of packing, number of items and commercial or residential pickup or delivery, type of service requested and transit time. Shipping charges may include discounts from published carrier rates and are conditional based on payment within the terms of this agreement. Full truckload shipments include two hours of detention time at pickup and delivery. Additional charges may apply for charges including but not limited to; Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $195 per hour. A cancellation charge will be assessed for all TL and Reefer shipments cancelled less than 8 hours prior to the scheduled day and time of pickup at the rate of $350 or 30%, whichever is greater. A cancellation charge will be assessed for all LTL shipments canceled less than 3 hours prior to the scheduled day and time of pickup at the rate of $125 or 10%, whichever is greater. A cancellation charge will be assessed for all parcel shipments canceled less than 3 hours prior to the scheduled day and time of pickup at the rate of $15 or 10%, whichever is greater. If the carrier shows and no freight available, and the freight is not rescheduled for pick up with GKP the full quoted amount will be valid for all means of transportation. Holiday pick up dates and delivery dates are subject to at least a $50 convenience fee. Expedited rates are based on actual or dimensional weight. If an expedited carrier shipment contains oversize freight, additional charges and transit days may apply.
Blanket Wrap/High Value Goods rates are driven by a 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, as determined by the state or states it will transport through, additional charges and transit days may apply. All rates are based on the information provided by the customer and are subject to change if said information is deemed inaccurate. Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. When Guaranteed Service is included as an assessorial service, it is 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 time. Pickup Day is not included in the qualification and calculation of transit time. Delays caused by an Act of God, war, weather or delays due to State or Federal intervention negate the Guaranteed Transit Time service. Carrier liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge as noted on the invoice.
In no case, shall the Customer hold the Carrier or GKP liable for other losses the Customer may have experienced as a consequence of transit times greater than expected. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted eight (8) business days from the date of invoice to file a claim request in writing with GKP. If GKP does not receive a claim request or receives the request after the allowable eight (8) business days, the service provided by the 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 a Carrier fails to provide the Guaranteed Transit Time service as arranged, GKP will credit the account to the Customer within 48 hours after carrier has acknowledged liability. In no event shall GKP be liable nor will any account be credited if the Customer does not use GKP's Bill of Lading. GKP reserves the right, in its sole discretion, to refuse any shipment at any time.
Neither GKP or MyExpressFreight nor the actual carrier shall be held liable for delays in delivery caused by accidents, governmental intervention, weather conditions, other acts of God or any other circumstance that are beyond the control of GKP and or the carrier(s). GKP and MyExpressFreight refuse to transport livestock or any live animal regardless of kind or breed. Failure to comply will result in an immediate legal suit and a fine of no less than $100,000 USD per shipment. Unless otherwise stated, the customer is responsible for the proper preparation, packing, and addressing of the shipment. Unless otherwise stated, Customer is responsible for providing the means to load and unload the shipment. All shipments are covered under the carrier's limited liability coverage as noted below based on either Full Truck Load (TL) or Less Than a Truck Load (LTL) services. Customer may secure additional liability coverage through our partnerships, by contacting us on our insurance contact page located on MyExpressFreight.
Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill. Customer agrees that GKP will not be held liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims the interest in the shipment or caused by the nature of the shipment or any defect thereof. GKP will not be held liable for losses, miss-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.
Carrier, MyExpressFreight.com or GKP reserves the sole right, at their discretion and without further liability, to place freight into storage, return freight to origin, arrange for re-delivery, or arrange for salvage or disposal of freight at any time freight is refused, rejected, abandoned, undeliverable, held by customs, delayed due to unpaid customs duties, taxes, tariffs, brokerage fees, or otherwise unable to complete delivery.
Reasons for refusal, return, storage, salvage, or disposal may include, but are not limited to: unpaid customs duties, taxes, tariffs, or brokerage fees, refusal by consignee, inability to contact consignee, incorrect shipping information or documentation, delivery restrictions or inaccessible delivery locations, failure of consignee to accept or schedule delivery, government or customs holds, abandoned freight, unsafe delivery conditions, or perishable or time-sensitive freight delays.
Customer shall remain fully responsible for all transportation charges and related costs associated with returned, refused, stored, salvaged, abandoned, re-delivered, or disposed freight, including but not limited to: return freight charges, re-delivery charges, storage fees, demurrage charges, detention charges, customs-related charges, duties and taxes, brokerage fees, handling fees, disposal or salvage expenses, or additional labor or equipment costs.
Any freight remaining unclaimed, refused, or undeliverable may be deemed abandoned at the sole discretion of Carrier, MyExpressFreight.com or GKP and may be sold, salvaged, disposed of, or otherwise released in order to recover outstanding transportation charges and related expenses without further notice or liability. Carrier, MyExpressFreight.com or GKP shall not be responsible for spoilage, deterioration, delay, loss of market value, missed delivery deadlines, or damage resulting from refused, abandoned, delayed, customs-held, or undeliverable freight. Customer remains fully responsible for payment of all invoiced amounts regardless of any dispute between shipper, consignee, purchaser, customs authority, government agency, or any third party.
Customer authorizes MyExpressFreight.com and/or G. Katen & Partners and/or its affiliates, carriers, or agents to charge the payment method provided at booking for all transportation charges and any additional charges incurred in connection with the shipment, including but not limited to return freight charges, storage fees, demurrage, detention, customs-related charges, duties, taxes, re-delivery fees, disposal costs, accessorial charges, and any other costs arising from refused, abandoned, delayed, held, or undeliverable freight. Customer further agrees that failure to provide required shipping or customs documentation, refusal of freight, non-payment of customs fees, or inability to complete delivery shall not relieve Customer of responsibility for payment of all charges incurred. Customer represents and warrants that they are the authorized user of the payment method provided and expressly authorize MyExpressFreight.com to process supplemental charges related to the shipment without additional notice or approval.
GKP is not liable for losses, miss-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 truck, aircraft or other equipment. GKP 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 GKP. Subject to the limitations of liability contained in this Bill of Lading and the carrier's General Rules Tariff, GKP shall only be liable for loss, damage, miss-delivery or non-delivery caused by GKP's own gross negligence. GKP liability, therefore, shall be limited to 25% of the fees that GKP has earned with respect to the specific shipment.