Logistic Dynamics, LLC Terms and Conditions
Logistic Dynamics, LLC ("Company" or "LDI") provides intermediary services including but not limited to quoting, booking, billing, and support for freight services. Company is neither the purchaser nor provider of the services rendered. Company also generates content related to freight and business services on its website and other platforms.
The customer of freight services, user of quoting service, and all other users of LogisticDynamics.com and all other LDI software, apps, and services, agree to the TERMS AND CONDITIONS set forth in this agreement. Any individual acting on behalf of the Customer affirms that they have the right to legally bind the Customer. Customer agrees to these TERMS AND CONDITIONS on behalf of all parties with an interest in the services provided. These TERMS AND CONDITIONS shall apply to all uses of Company's services unless explicitly waived by Company. Company maintains the right to amend these terms and conditions at any time.
The Company is licensed by the Federal Motor Carrier Safety Administration (FMSCA) to arrange motor carrier transportation for compensation. The Company reserves the right, in its sole discretion, to refuse any shipment at any time.
These terms and conditions are non-negotiable and binding upon all parties utilizing the services of LDI unless otherwise agreed to in writing. No employee, agent or independent contractor of LDI has the authority to waive any of the terms and conditions stated herein.
1. Bills of Lading
Bills of Lading (“BOL”) are non-negotiable and legally binding. All BOLs will be prepared by the Customer or an authorized agent of the Customer, including but not limited to the Company and legally bind the Customer once prepared. All completed BOLs are final and may not be altered without the Company’s consent. Any unauthorized alterations to any BOL void the Company’s obligations related to the shipment as well as all rate quotes.
If the documents provided by customer are late, insufficient, incorrect, or otherwise unusable for the services to be provided, the Customer authorizes the Company to complete all necessary paperwork, where permitted by law, at the Customer’s expense. The Company is not obligated to complete paperwork and is not liable for any actions taken or not taken on behalf of the customer to cure BOLs and/or other paperwork.
The Company will handle all blind shipment requests with reasonable care to avoid exposing blind information. However, the Company and motor carrier make no guarantees that blind information will not become known and does not assume liability for any third party becoming aware of blind information, regardless of fault.
2. Responsibilities of the Customer
The Customer is responsible for compliance with all regulations and laws of relevant local, state, and federal governments and agencies thereof. Customer agrees to maintain all required licenses and certifications as well as all required training for proper handling of all materials. Customer also agree to accurate and timely disclosures of all relevant details on the nature of any freight to be shipped, including but not limited to special handling requirements, dimensions, weight, and hazardous materials designations. The Company does not accept any liability on behalf of the Customer that arises from Customer’s failure to comply with this agreement. The Customer agrees to indemnify, defend, and hold the Company harmless for any claims, public or private, arising from this agreement. Customer further warrants that all packages will be properly marked, labeled and addressed and that their contents will be adequately packaged and secured as to prevent damage during the rigors of normal transportation. Customer acknowledges that it will strictly adhere to any applicable packaging guidelines set forth by the National Motor Freight Classification (NMFC) or other applicable industry loading circulars.
3. Payment and Credit
Customers seeking credit lines will be subject to Company’s credit approval process. Credit limits may be revised or eliminated at Company’s sole discretion due to changes in Customer’s finances, Customer’s payment record, or other reasonable business reasons.
The Company reserves the right to adjust quotes or invoices if the original was based on incomplete or incorrect information at the time of quoting. Additional services not included in the original quote may be billed by the Company if they are requested by the customer or required to complete the contracted services. All disputes must be filed with the Company within 30 days. Any disputes filed after 30 days will be denied.
4. Claims and Liability
The Company will make reasonable efforts to cooperate and assist in resolving claims for transactions to which Company has arranged for customer. The motor carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively. The Company, as a broker, accepts no liabilities on behalf of the Motor Carrier or Customer and is not liable for damages. Any damages claimed directly against the Company for Company’s negligence shall be limited to a refund of freight carrying fees for the specific BOL in question.
The individual Motor Carrier’s Terms and Conditions or other governing document applies when determining motor carrier liability. Customer is responsible for ensuring that Motor Carrier’s liability limits are sufficient for customer’s needs or that Motor Carrier has granted an exception to meet Customer’s needs. No additional amount beyond the agreed liability limit will be recoverable by Customer. The Company is not responsible for claims arising from the negligence of the Motor Carrier, Customer, or any third party.
Customer is responsible for inspection of all shipments upon delivery. Claims for damages not noted at the time of delivery may not be accepted. All claims for damages not readily apparent on delivery much be filed within 3 days. Customer continues to be responsible for all payments due to the Company while claims are pending. The Company retains the right to hold returned funds from Motor Carriers or other reclaimed funds to resolve Customer’s outstanding invoices.
Unless otherwise advised by customer in writing, the maximum cargo liability of any claim is limited to, $100,000 for a Truckload shipment, and so stated on the BOL. Cargo liability on LTL (Less Than Load) shipments may vary by motor carrier, but in no case will the maximum liability for new goods be greater than $10 per pound, or for used or resold goods be greater than $0.10 per pound. Whether said goods are new or used, liability will be limited to $100,000 per shipment, and so stated on the BOL.
Customer agrees that it will mitigate its losses to obtain “actual value” of damaged property (cargo). Customer further agrees that it will retain all products and packaging materials, regardless of their condition, until advised otherwise by Motor Carrier.
5. Jurisdiction
Any litigation or other dispute arising from the terms in this agreement or Customer’s dealings with the Company or its agents, brokers, motor carriers on customer’s behalf, or any related party must be filed in the State or Federal Courts within New York State and Erie County. The Customer agrees to be subject to the jurisdiction and venue of these courts for all matters involving the relationship between Company and Customer.
6. Rates
LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) which are based on the actual description, size, and weight of the shipment. Additional fees may apply for other charges including appointment delivery, reweighs and reclassifications, lift gate services, inside delivery or various other accessorial services.
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 charges including but not limited to, tractor detention, trailer detention, and driver assistance. Once the Company has contracted with a motor carrier to move a truckload shipment, the scheduled load must be tendered to the motor carrier as requested on the bill of lading at the agreed upon price, or equipment not used (EON) fee will be assessed.
Air freight rates are based on the greater of actual or dimensional weight. If an air freight shipment contains oversize freight, additional charges and transit days may apply. Van line 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 oversize freight, additional charges and transit days may apply.
All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.
7. Guarantees
Unless otherwise noted, transit times and delivery dates and times are not guaranteed. Guaranteed transit times include working days only, as defined by the motor carrier. Pickup day is not included in transit time. Deliveries outside of a guaranteed window may not be considered service failures if the cause for delivery exceptions is outside of the motor carrier's control. Company and Motor Carrier will not be liable for any delivery not accepted by the intended recipient.
If Company is found negligent, the Company's liability will be limited to a refund of the freight charges for the specific BOL in question.
LDI is not an Insurance Company, Insurance Broker or Insurance Agent. Unless requested to do so in writing and confirmed to Customer in writing, LDI is under no obligation to procure insurance on behalf of Customer. If Customer desires optional "Shippers Interest Coverage" (All Risk) coverage, Customer may obtain such coverage directly via LDI's insurer by requesting in writing an "Insured Value" through LDI's operating system or by requesting insurance be procured on their behalf. "Proof of coverage" statements can be provided upon request. Customer will be responsible for and shall pay all premiums, charges and costs in connection with procuring requested insurance.
If unforeseeable circumstances caused by insurrection, nature or measures of governmental authority intervenes Company, on reasonable notice to Customer, will have the right to terminate their obligations to Customer, as a licensed property broker, if said unforeseeable circumstance prevents, unduly delays, or adversely affects the obligation stated hereto.