The use of My Express Freight and/or the dispatching of a shipment, no matter the size, via G. Katen & Partners, Company LLC 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 G. Katen & Partners, Company LLC or any entity owned or controlled by G. Katen & Partners, Company LLC 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 G. Katen & Partners, Company LLC and the assigned Freight Carrier(s).
All G. Katen & Partner Company LLC Bill of Lading’s are to be considered NON-NEGOTIABLE and has been prepared by the enrolled Customer or by G. Katen & Partners, Company LLC 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 G. Katen & Partners, Company LLC terms and conditions stated herein. If not stated within, the carrier’s General Rules Tariff, the G. Katen & Partners, Company LLC 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. Bill of Lading & Necessary Documentation: Required Use of Bill of Lading (BOL). The Customer agrees to sign the BOL provided by G. Katen & Partners, Company LLC 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 G. Katen & Partners, Company LLC, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However G. Katen & Partners, Company LLC is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and G. Katen & Partners, Company LLC completes that document; the terms of this Bill of Lading will govern. G. Katen & Partners, Company LLC 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. G. Katen & Partners, Company LLC 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. G. Katen & Partners, Co. 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 G. Katen & Partners, Company LLC and shipments tendered with any Bill of Lading not issued by G. Katen & Partners, Company LLC.
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 $95 per hour, up to $800 per day. A cancellation charge will be assessed for all TL and Reefer shipments canceled 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 G. Katen & Partners, Company LLC the full quoted amount will be valid for all means of transportation. A Holiday pick up dates and delivery dates are subject to an at least a $35 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, whether 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 liable for other losses the Customer may have experienced as a consequence of transit times greater the 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 G. Katen & Partners, Company LLC. If G. Katen & Partners, Company LLC 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, G. Katen & Partners, Company LLC will credit the account to the Customer within 48 hours after carrier has acknowledged liability. In no event shall G. Katen & Partners, Company LLC be liable nor will any account be credited if the Customer does not use G. Katen & Partners, Company LLC’s Bill of Lading. G. Katen & Partners, Company LLC reserves the right, in its sole discretion, to refuse any shipment at any time.
Neither G. Katen & Partners, Company LLC or My Express Freight 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 G. Katen & Partners, Company and or the carrier(s). G. Katen & Partners, Company LLC and My Express Freight 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 or (TL) or Less Than a Truck Load (LTL) services (see below). Customer may secure additional liability coverage through our partnerships, by contacting us on our insurance contact page located on My Express Freight.
Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill. Customer agrees that G. Katen & Partners, Company 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. G. Katen & Partners, Company 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.
G. Katen & Partners, Company LLC 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. G. Katen & Partners, Company LLC 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 G. Katen & Partners, Company LLC. Subject to the limitations of liability contained in this Bill of Lading and the carrier’s General Rules Tariff, G. Katen & Partners, Company LLC shall only be liable for loss, damage, miss-delivery or non-delivery caused by G. Katen & Partners, Company LLC’s own gross negligence. G. Katen & Partners, Company LLC liability, therefore, shall be limited to the fees that G. Katen & Partners, Company LLC has earned with respect to the specific shipment.