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704 Brooksmill Circle
Hermitage TN 37076
Fax: 1.866.559.8691
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These TERMS and CONDITIONS (the “Terms and Conditions”) are agreed by the parties to be the terms and conditions governing the relationship between the Customer (as hereinafter defined) and FreightZoom Inc. (the “Company”). Customer acknowledges and agrees that consent to these Terms and Conditions is a condition precedent to the Company’s obligations here under.

  1. Identification of The Company. FreightZoom Inc is a non-asset based freight company, commonly known as a freight broker. FreightZoom Inc is not a freight carrier.
  2. Definitions.
    • Customer. The term Customer, as used herein, shall refer to any person or entity using the Service. With respect to a given transaction, the Customer shall be the person or entity from whose account the order is made.
    • General Rules Tariffs. The term General Rules Tariffs, as used herein, shall refer to the terms and conditions of carriage imposed by each carrier with respect to shipments made with such carrier.
    • Service. The term Service, as used herein, shall refer to the online brokerage service provided by FreightZoom Inc.
  3. Refusal of Shipment. FreightZoom Inc may, in its sole discretion, refuse any shipment from Customer at any time.
  4. Credit Report. For a customer that request credit, Customer hereby authorizes FreightZoom Inc to perform credit checks of Customer based on the information provided at the time or thereafter and acknowledges that the results will be used by FreightZoom Inc to determine whether and to what extent credit will be extended to Customer.
  5. Termination. FreightZoom Inc may terminate Customer in the Service at any time, in Company’s sole discretion.
  6. Bill of Lading. Customer agrees that it is required to use only the bill of lading generated by FreightZoom Inc. If customer uses their own Bill of Lading there will be an additional charge of Twenty (25) Dollars. The bill of lading shall be deemed, conclusively, to have been prepared by the Customer, regardless of any participation by FreightZoom Inc in the creation thereof. Bills of lading are non-negotiable. Any unauthorized alteration or use of bills of lading or tendering of shipments to any carrier other than that designated by FreightZoom Inc, or the use of any bill of lading not authorized or issued by FreightZoom Inc shall void FreightZoom Inc obligations to make any payments relating to the shipment and void all rate quotes. If Customer does not correctly complete all documents necessary for carriage, Customer hereby instructs FreightZoom Inc, where permitted by law, to complete, correct, or replace the documents at Customer’s expense. FreightZoom Inc is not obligated to do so. Customer agrees that FreightZoom Inc is not liable to FreightZoom Inc or any third party for any action taken on behalf of Customer.
  7. General Rules Tarriffs. The General Rules Tarriffs shall govern the relationship between the carrier and the Customer, and where applicable will take precedence over these Terms and Conditions. If an issue is not addressed in the General Rules Tarriffs, then these Terms and Conditions shall control. Additional charges may apply based on each carrier’s General Rules Tarriffs. Additional charges may apply for oversized cargo.
  8. Rate Determinations.
    • Truckload. Truckload rates are based on dock door pickup/dock door delivery and shipper load/consignee unload and are state to state and mileage based. Additional fees may apply for tractor detention, trailer detention, and driver assistance. In the event that Customer fails to tender the load to carrier once the carrier has been contracted to fulfill the pick up, Customer agrees to pay FreightZoom Inc a One Hundred and Fifty and no/100 Dollars ($150.00) cancellation fee.
    • Less than Truckload (“LTL”). LTL rates are based on the freight class pursuant to the National Motor Freight Classification and are weight based.
    • Air. Air rates are based on the greater of actual or dimensional weight (as determined by the carrier).
    • Van Line. Van Line rates are state to state, mileage, weight (actual or density), and commodity or product type based.
    • Flatbed. Flatbed rates are equipment type, state to state, mileage, weight, and equipment type based.
    • Estimates. All transit dates and times for any and all shipments moved with FreightZoom Inc including pickup/delivery dates and times are not guaranteed by FreightZoom Inc and/or carrier. Transit dates and times, delivery dates and times, and pickup dates and times are estimates only. FreightZoom Inc and carrier are not responsible for any late charges, labor charges and any and all charges that customer will back charge to FreightZoom Inc and/or carrier because of perceived late pickup and delivery of any and all shipments. Transit times do not include day of pickup, weekends and holidays.
    • All out-of-route miles will be the cost-per-mile rate on state-to-state charges.
    • Truck Load (Van/Reefer and Flatbed) stop off charges are $100 per stop. And $200 per stop for 3 stops or more.
    • Even though Liftgate service is requested some carrier terminals "do not" provide these services. Please contact FreightZoom Inc customer service department for more information. Liftgate minimum charge is One Hundred (100) dollars.
    • FreightZoom Inc has the option to move any shipment through its volume LTL Program.
  9. Guaranteed Services. In the event that Customer and a carrier agree on guaranteed service for an LTL service, then the following terms shall apply. Transit times are included in the guarantee only to the extent provided by the selected carrier, do not include holiday and/or no service days as defined by the selected carrier, and do not include the pick up day. This service is not a guarantee for pick up. In the event that carrier fails to comply with the guaranteed service requested, Customer shall file a written claim with FreightZoom Inc within seven (7) business days from the actual delivery date of the affected shipment (the “Notification Period”). If FreightZoom Inc does not receive a written claim from Customer within the Notification Period, the service provided by the carrier will be deemed to have met all of the guaranteed service standards. In the event that carrier fails to comply with the guaranteed service requested and carrier acknowledges same, FreightZoom Inc will credit Customer’s account to the extent agreed upon in the service guarantee. In no event will FreightZoom Inc credit Customer’s account if Customer does not use FreightZoom Inc’c Bill of Lading.
  10. Customer’s Representations and Warranties. Customer represents and warrants that it will comply 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. Customer further represents and warrants that it has the legal right to engage FreightZoom Inc and the carrier to perform the services requested hereunder, and to provide FreightZoom Inc and carrier with any and all information and materials necessary or desirable for FreightZoom Inc and carrier to perform these services.
  11. Payment. Customer shall pay FreightZoom Inc all amounts due and payable in US Dollars within fifteen (15) days of the date of billing (“Payment Period). Any amounts not disputed within the Payment Period shall be deemed accepted by Customer. All amounts not paid when due shall be subject to a late fee of One and one-half percent (1½%) per month or the highest rate of interest permitted by applicable law, whichever is less. Overpayments will not accrue interest and are subject to Tennessee law. In the event that FreightZoom Inc is required to engage an attorney or collection agency to collect unpaid amounts from Customer, Customer agrees to pay all attorneys’ and collection agency fees incurred. If Customer pays by credit card or electronic funds transfer, Customer agrees that Customer is responsible for all charges payable, including any adjustments, on account of Customer’s shipment and that such charges will be automatically debited to Customer’s credit card or bank account. These charges include, but are not limited to, any type of "additional services" that are referenced to FreightZoom Inc web site and services that are in the "general rules tariff" of the carrier that was used for any and all shipments.
  12. Joint and Several Liability. Customer agrees that Customer shall be jointly and severally liable 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 FreightZoom Inc attorneys’ fees and legal costs allocable to the shipment and/or all disputes related thereto. Customer further agrees that if Customer is acting as an agent for a third party that Customer has full right and authority to do so and that Customer and the party on behalf of whom Customer is acting are jointly and severally liable for all charges payable on account of each shipment.
  13. Taxes. Customer shall, in addition to the other amounts payable under these Terms and Conditions, pay all taxes, federal, state, or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated herein. Without limiting the foregoing, Customer shall promptly pay to FreightZoom Inc an amount equal to any such items paid, or required to be collected or paid, by FreightZoom Inc.
  14. Liens. Customer acknowledges and agrees that FreightZoom Inc shall have a lien on any shipment for any and all sums due from Customer, whether related to the affected shipment or otherwise. Where FreightZoom Inc files a claim with a carrier on behalf of Customer and receives funds as a result thereof (regardless of the nature or designation thereof), FreightZoom Inc has a lien on such amounts and may, in its sole discretion, apply these amounts to any amounts due to FreightZoom Inc from Customer.
  15. Claims. Customer agrees to immediately file any and all claims with FreightZoom Inc. The selected carrier’s governing General Rules Tariff shall determine the standard liability cargo insurance coverage. If the affected shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will take precedence over the standard liability coverage. Customer acknowledges and agrees that payment of all freight charges is necessary in order for the carrier to process Customer’s claim. FreightZoom Inc will attempt to assist in the resolution of claims submitted to FreightZoom Inc, but Customer agrees that FreightZoom Inc has no responsibility or liability therefore.
  16. Amendment of Terms and Conditions. Customer agrees that FreightZoom Inc may amend these Terms at any time and in its sole discretion. Customer acknowledges and agrees that such amendments shall be effective from the time that they are posted by FreightZoom Inc and shall govern any shipments ordered after such time.
  17. Confidentiality. Customer acknowledges and agrees that the information generated by the System for Customer is confidential to FreightZoom Inc and will not be disclosed to any third party other than employees or agents of Customer whose knowledge is necessary to the implementation of the services contemplated hereunder and who Customer agrees to cause to comply with the above confidentiality requirements.
  19. Limitation of Liability. FreightZoom Inc is not liable for any loss, damage, mis-delivery, or non-delivery, unless such results from FreightZoom Inc gross negligence. Customer agrees that FreightZoom Inc entire liability, if any, for any claim(s) which are made against FreightZoom Inc, whether based in contract, negligence, or otherwise, shall be limited to the fees that Company has earned with respect to the affected shipment(s). In no event will FreightZoom Inc be liable for any consequential, exemplary, incidental, indirect, o r special damages, arising from or in any way related to, these Terms and Conditions or relating in whole or in part to Customer ’s rights hereunder, even if FreightZoom Inc has been advised of the possibility of such damages.
  20. Indemnity. Customer shall defend, indemnify, and hold harmless FreightZoom Inc , its officers, agents, and employees from and against and all third-party claims, actions, causes of action, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to any facts or alleged facts which, if true, would constitute a breach by Customer of these Terms and Conditions.
  21. Survival. Upon the termination of this Agreement, the provisions of paragraphs 10 through 14 and 17 through 22 shall survive.
  22. General Provisions.
    • Entire Understanding. These Terms and Conditions contain the entire understanding between the parties and supersede all previous agreements.
    • Notices. All notices, requests, consents and other communication hereunder shall be in writing, and shall be either (i) delivered by hand, (ii) made by telex, telecopy, e-mail or facsimile transmission, (iii) sent by overnight courier, or (iv) sent by registered mail, return receipt requested, postage prepaid. All notices, requests, consents and other communication hereunder shall be deemed to have been given (i) if by hand, at the time of delivery thereof to the receiving party, (ii) if made by telex, telecopy, e-mail or facsimile transmission, at the time that receipt thereof has been acknowledged by electronic confirmation or otherwise, (iii) if sent by overnight courier, on the next business day following the day such mailing is made, or (iv) if sent by registered mail, on the fifth business day following the day such mailing is made.
    • Attorneys’ Fees. In connection with any litigation arising out of these Terms and Conditions, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees, whether incurred during settlement, at trial, or on appeal.
    • Waiver. The failure of FreightZoom Inc at any time to require the performance of any of the provisions herein, shall in no way affect the rights of FreightZoom Inc to enforce the same, nor shall the waiver by FreightZoom Inc of any breach of any provisions hereunder, be construed to be a waiver of any succeeding breach or as a waiver or modification of the provisions hereof.
    • Governing Law; Jurisdiction; Venue. The parties hereto agree that it is their intention, and covenant, that these Terms and Conditions shall be governed by the substantive and procedural laws of the State of Tennessee, without regard to its conflicts of laws provisions. In the event of any litigation arising out of or relating to these Terms and Conditions, each party hereby irrevocably consents to the jurisdiction of the courts of the State of Tennessee, County of Shelby, or any appropriate federal court located in the district which includes the County of Shelby (the "Tennessee Courts") and hereby waive any and all objections to venue in the Tennessee Courts.
    • Force Majeure. Any delay in or failure of performance by a party under this Agreement shall not be considered a breach of this Agreement if and to the extent caused by events beyond the reasonable control of such party, including but not limited to Acts of God, embargoes, governmental restrictions, strikes, riots, terrorist attacks, wars, or other military action, civil disorders, rebellion, fires, floods, vandalism, power outages, or sabotage.
    • Severability. Each of the provisions of this Agreement shall be enforceable independently of any other provisions of this Agreement and independent of any other claim or cause of action.
    • Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto.
    • Headings. The headings herein are inserted as a matter of convenience only, and do not define, limit, or describe the scope of this Terms and Conditions or the intent of the provisions hereof.
    • If Customer's customer is requesting and /or requests carrier to provide certain services including but not limited to Liftgate, inside delivery etc...or any other type of services and does get service approved by customer and/or company, Customer will be charged for the service. Service must be documented by carrier. Customer is responsible to pay FreightZoom Inc for the service.
    • Working out of a residence does not constitute a business pickup and/or delivery. Many times carriers will consider a company that works out of a residential area in a light industrial park or a residential area -a residential delivery depending on the carrier's tariff. Depending on the carrier's tariff a residential charge could apply. If Customer is unsure Customer must call FreightZoom Inc to verify and receive email for verification.
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