Definition - Freight Brokerage: Customer acknowledges that ecargo.in is a Freight Broker and NOT a Freight Carrier. Acting as a broker between the Customer and Carrier, ecargo.in provides access to carrier rates and carrier services. ecargo.in also ensures all carriers are properly licensed and bonded for all services they provide for the Customer. The Federal Government’s laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment. The courts have upheld this position based on the fact that Freight Brokers are barred from accepting consignment (taking control) of freight –and– Customer consigns (signs over) their shipment directly to the carrier. At no time does ecargo.in hold, handle, store or transport freight.
Definition - Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer’s shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) that actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of Customer’s shipment.
Definition - Customer: You establish yourself as a Customer of ecargo.in by: using ecargo.in’s website to shop and compare freight rates, registering and establishing an account with ecargo.in, and/or arranging a shipment through ecargo.in.
The Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code. 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 pickup. 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 ecargo.in and the Freight Carrier(s). Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes; any sanctioned party scheduling a shipment(s), any party using Customer’s Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer.
Bill of Lading (BOL): The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by ecargo.in 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(s) 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 ecargo.in’s Terms and Conditions. If not stated within the Carrier’s General Rules Tariff, ecargo.in 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: The Customer is required to use ecargo.in’s system generated BOL. Customer agrees to sign the BOL provided by ecargo.in prior to pickup. Customer must then provide (2) copies of the signed BOL to the Consignor (the party at the point of pickup). Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting Freight Carrier. Accordingly, the Customer agrees to that the consigned Freight Carrier will be exclusively liable for loss or damages. ecargo.in may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated by ecargo.in, and shipments tendered with any bill of lading not issued by ecargo.in Not using the BOL prepared by ecargo.in may result in a loss of all discounts and/or a reprocessing fee of Rs. 50.00.
Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck.
Truck Load Services (TL) & Partial Truckload: TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state-to-state and mileage based. 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 ?75 per hour, up to ?600 per day. A cancellation charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup at the rate of ?350 or 20%, whichever is greater.
Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply. Blanket Wrap/High Value Goods rates are driven by 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 oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply.
Quoted Rate: All shipments are quoted, rated, and booked based on information provided by you, the Customer. Factors in this calculation include;
The total weight of the shipment including all packing materials, crating and or pallet.
What is being shipped (commodity) results in a NMFC code and Freight Class.
The packed size of the shipment, its dimensions, and volume of space required.
The type of packing used for the shipment.
The number of items being shipped.
Any special services requested and/or needed.
Guaranteed or estimated transit time.
Commercial or residential pickup or delivery.
Any other applicable accessorial charges (see below).
Note: Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessments, penalties, taxes, duties, tariffs, tolls, storage expenses, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses.
Open Account: All Registered Customers arranging freight through ecargo.in must establish an Open Account. All services provided by ecargo.in, Freight Carriers or Vendors on behalf of Customer will be charged to this account.
Initial Billing: The estimated cost for each shipment is billed and charged to Customer’s open account at the time of dispatch. Customer understands that this initial billing is based on the information they provided and that this billing is done in good faith by ecargo.in with the assumption that the Customer provided true and accurate information reflecting the actual description of their shipment and services to be provided.
Billing Adjustments: The Carrier reserves the right to verify a shipment’s weight, size, class and services provided. When a Carrier discovers these items are incorrectly described on the BOL, a Freight Inspector will document the differences and a “Billing Adjustment” will be issued. Should this occur, Customer agrees to pay for all documented billing adjustments via the same method of payment used in the initial billing of this shipment. Billing adjustments (if any) will be automatically charged to the Customer’s Open Account with ecargo.in. Billing Adjustments will encore a Rebilling and Reprocessing Fee of ?35.00.
Payment: Unless otherwise agreed, payment for all services is by Credit Card (Visa, Master Card, Discover, or American Express), which is issued in the Customer’s name and/or Customer is authorized to use. Customer understands and agrees they have established an Open Account with ecargo.in and that they provided a credit card as their means of payment for this account. Understanding this, Customer is authorizing and directing ecargo.in to automatically charge any amounts payable by Customer in connection with Customer’s use of ecargo.in to the credit card Customer provided during the registration process, or such credit card(s) Customer may provide thereafter. All funds received by the ecargo.in will be applied to the oldest (based on pickup date) outstanding invoice.
Late Payments: If payment is not received for services within Customer’s agreed to terms, the following will apply; (1) A reprocessing charge of ?50 will be applied to the account. (2) Late fees will be assessed monthly at the rate of 1.5% of the outstanding balance.
Customer’s Warranties: Customer 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. 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 ecargo.in, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, ecargo.in is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and ecargo.in completes that document, the terms of this Bill of Lading will govern. ecargo.in is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision. ecargo.in 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.
Guaranteed Transit Time Services: 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 time of pickup. Day of pickup is not included in the qualification and calculation of transit time.
Delay of Shipment: Neither ecargo.in nor the actual Freight Carrier shall be held liable for delays in delivery caused by; an Act of God, war, accidents, weather or delays due to State or Federal intervention or any other circumstance that are beyond the control of ecargo.in and or the Carrier(s). Such circumstances negate the Guaranteed Transit Time service. Beyond the circumstances noted above, liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge noted on the invoice for this service. In no case, shall the Customer hold the ecargo.in or 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 ten (10) business days from the date of invoice to file a claim request in writing with ecargo.in If ecargo.in does not receive a claim request or receives the request after the allowable ten (10) 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 no event shall ecargo.in be liable nor will any account be credited if the Customer does not use ecargo.in Bill of Lading.
Exclusions of Liability: Customer agrees that ecargo.in will not be held liable for any loss, missed 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. ecargo.in will not be held liable for losses, missed delivery or non-delivery caused by Customer’s violation(s) 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 failure to observe any of the rules relating to shipments not acceptable for transportation or shipping. ecargo.in is not liable for losses, missed delivery or non-delivery caused by the acts of God, perils of the air, public authorities, acts or omissions of Customs or quarantine, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment. ecargo.in 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 ecargo.in Subject to the limitations of liability contained in this Bill of Lading and the Carrier’s General Rules Tariff, ecargo.in shall only be liable for loss, damage, missed delivery, or non-delivery caused by ecargo.in’s own gross negligence. ecargo.in liability therefore shall be limited to the fees that ecargo.in has earned with respect to the subject shipment.
Limitations of Liability: 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 Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.