Terms and conditions
Delivery Terms. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller.
Delivery Terms. Quote delivery time, upon receipt of each order
JDCARRIERS AS A COMPANY OPERATES UNDER BROKER AUTHORITY (MC # 1625370) AS ISSUED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION. JDCARRIERS ASSUMES NO LIABILITY EXCEPT AS DEFINED IN THE FOLLOWING TERMS AND CONDITIONS OR OTHERWISE EXPLICITLY AGREED TO IN WRITING.
1. LESS THAN Van or TRUCKLOAD and Full Van or TRUCKLOAD – Over The
Road (OTR) Brokerage Shipments
2. By engaging JDCarriers to coordinate transportation of goods by third-party carriers; Shipper/Consignee, Customer (collectively hereinafter
referred to as “Customer”) agrees to the following terms and conditions. These terms and conditions are non-negotiable and binding upon all parties employing
the services of JDCarriers unless otherwise agreed to in writing. No employee, agent, or independent contractor of JDCarriers has the authority to waive any
of the terms and conditions contained herein.
3. Customer, in engaging with JDCarriers for the arrangement of transportation for full Van or Truck Load (TL) shipments, Less Than Full Van or
Truckload or (LTL) shipments, and shipments handled by third-party vendors in a managed transportation environment agree that all such moves will be arranged
by the third-party company solely under their Broker Authority issued by the Federal Motor Carrier Safety Administration or in joint effort with the
third-party and JDCarriers (FMCSA) (MC# 1625370) unless otherwise agreed to in writing.
4. JDCarriers shall engage in all commercially reasonable efforts to ensure that Broker Authorities it contracts: (i) hold valid operating
authority and insurance in compliance with the applicable federal regulations, (ii) will transport shipments on a bill of lading with terms no less favorable
to the Customer, (iii) agree to process valid cargo loss and damage claims in accordance with 49 C.F.R. 370, (iv) provide a Certificate(s) of Liability
Insurance certifying/evidencing that insurance policies of $300,000 in Automobile Liability insurance (state requirement) and $250,000 in Motor Truck
Cargo Liability insurance has been issued. (All terms and conditions and exclusions of insurance policies apply.)
5. Customer understands and agrees that Broker Authorities
contracted for the transportation of goods may impose terms and conditions of their service(s) not stated in these terms and conditions, including but not
limited to: accessorial charges, limiting their liability for loss, damage or delay, packaging requirements, accessorial service charges, fines and
penalties. Customer acknowledges and agrees that JDCarriers is not obligated to inform Customer regarding any such rules, liability limitations, or other terms
or conditions that may apply to services rendered. Note: Any requested changes or corrections to shipment documentation will be subject to a charge of $75.00
per occurrence.
6. Customer understands and agrees that Broker Authorities contracted by JDCarriers may have underlying rules tariffs that contain
exclusions pertaining to certain commodities, and/or limit their liability based on “released values” assigned to different commodities. Broker Authorities
contracted by JDCarriers may also limit their liability to $.25 (twenty-five cents) per pound or less for, but not limited to, the following commodities:
used goods, used machinery, reconditioned goods, electronics, desktop computers, laptop computers, tablet computer devices, cellular phones, personal
effects, alcoholic beverages, beer, wine, perishables, produce and other applicable commodities not mentioned here.
7. JDCarriers is not an Insurance Company, Insurance Broker or Insurance Agent. JDCarriers is under no obligation to procure insurance on
behalf of Customer. If Customer desires insurance coverage, Customer may obtain such coverage directly from Customer’s choice of insurance providers.
8. Excluded Commodities – JDCarriers will not accept or agree to arrange transportation for the following commodities: cash, specie (money in
the form of coins rather than notes), bonds, securities and other negotiable papers, evidence for a trial, shipments traveling “in bond”, human remains,
eggs, live animals, firearms, explosives, ammunition, goods prohibited by law, antiques, artwork (original or reproduced), furs, and fur clothing.
9. Customer warrants that all shipments will be tendered to JDCarriers in good order and condition and will be properly described on the applicable
bill of lading. Customer further warrants that all packages will be properly marked, labeled, and addressed and that their contents will be adequately
packaged and secured 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 standards.
10. JDCarriers does not guarantee any services or commitments offered by third-party Broker Authorities it contracts with will pick up,
transport or deliver by a stipulated date or a stipulated time, nor shall JDCarriers be liable for any consequences arising from the third-party or Broker Authority
failure to do so.
11. Receipt of any shipment by the consignee or the consignee’s agent, without written, detailed notice of exception on the delivery receipt or
bill of lading, shall be considered prima facie evidence that the shipment received ordinary care and handling and was delivered in good order and
condition by the JDCarriers.
12. In the instance of a valid Cargo loss or damage claim, JDCarriers and or the Broker Authority or contracted third-party, as an accommodation to
Customers will help facilitate the cargo claims process for claims over $50.00 (fifty dollars). Customer agrees that before filing claims, it will mitigate
its losses. Customer further agrees that it will retain all products and packaging materials, regardless of their condition, until advised otherwise changed.
Customer agrees to provide a contact name and telephone number for the Broker Authority or third-party engaged by JDCarriers to arrange for inspection
of the goods being claimed or for the salvage pickup of merchandise claimed as a total loss. Failure to retain salvage or properly notify all parties involved
of the reason mitigation or repair of claimed goods is not possible may result in rejection of the claim. Customer agrees and acknowledges the prima facie
evidence in all cargo claims is the damage noted delivery bill of lading and/or the delivery receipt. Customer agrees and acknowledges that claims for
concealed damage will not be filed by JDCarriers.
13. In order for JDCarriers to facilitate the cargo claims process, claims must be made in writing and sent to JDCarriers at claims@jdcarriers.com
within ninety (90) days of delivery date. All submitted claims will be filed as required by state law.
14. Customer agrees to provide JDCarriers with all necessary and appropriate support documentation before JDCarriers filing a loss or damage
claim. Required documents include, but are not limited to: JDCarriers Claim Form, Bill of Lading, loss/damage notated delivery receipt, commercial invoice,
pictures, receiving or OS&D report, inspection report, repair invoice, and detailed mitigation records.
15. Claims for loss and damage of regulated commodities are governed by the regulations published at 49 C.F.R. 370. Carriers or Broker Authorities
contracted by JDCarriers have thirty (30) days to acknowledge receipt of claims. Carriers or Broker Authorities also must pay, decline, or make a firm
compromise settlement offer in writing or electronically to the claimant within a hundred and twenty (120) days after receipt of the claim. However, if the
claim cannot be processed and disposed of within one hundred and twenty (120) days after the receipt thereof, the responsible parties shall, at that time and
at the expiration of each succeeding sixty (60) day period while the claim remains pending, advise the claimant in writing or electronically of the status
of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file
thereon. Customers have two (2) years from the date a claim is denied to file a suit to recover loss from the responsible party.
16. JDCarriers shall use reasonable efforts to collect or negotiate settlement of all claims. All funds recovered or collected in satisfaction of
loss or damage claim will be passed on to Customer. Customer retains the right to file cargo, loss and damage claims with the Broker Authority or third-party
directly if it so chooses.
17. Customer agrees that it shall not set off monies due JDCarriers in place of unpaid cargo loss and damage claims.
18. Customer agrees that JDCarriers reserves the right to set off open freight charge balances against any monies received for the payment of
cargo loss and damage claims.
19. Payment of invoices for services provided is due fifteen (15) days from the presentation of the invoice (invoice date) unless extended
payment terms are agreed upon in writing. Any invoice not paid within fifteen (15) days from the invoice date is deemed past due and subject to additional
fees. If charges invoiced for services provided are not paid in full within fifteen (15) days from invoice date, JDCarriers may assess a late payment
charge up to 1.5% monthly or the maximum rate amount permitted by law, on the unpaid balance. In the event collection efforts or legal action is necessary to
recover monies due, customer agrees to pay all costs and legal fees associated with such actions.
20. JDCarriers shall use reasonable care, diligence, and skill to provide services and makes no other express or implied warranty in connection
with the services it provides, or the services provided by the Broker Authority or third-parties with whom JDCarriers contracts.
21. JDCarriers shall not be liable to Customer for any negligent or intentional act, omission, or inaction of Broker Authority or third-party it
engages on Customer’s behalf, including without limitation, any delay or loss that occurs while a shipment is in the custody or control of the JDCarriers.
Customer shall bring all claims involving any negligent or intentional act, omission, or action solely and directly against the liable parties.
22. In no event shall JDCarriers be liable or responsible for any actual, consequential, special or incidental damages including, but not limited
to: Customer’s lost profits, loss of goodwill, increased overhead, income, interest, utility or loss of market; resulting from the arrangement of
transportation of shipments regardless of the contracted Broker Authority or third-parties knowledge that such damages might be incurred.
23. Customer agrees that the insertion of JDCarriers name as the “carrier” on the bill of lading is for customer’s convenience only and in no
way imposes any liability on JDCarriers or changes JDCarriers status as a Carrier/Shipper.
24. JDCarriers shall be liable only for its own actions and omissions. In no instance shall JDCarriers liability ever be greater than
$100.00 (one hundred dollars).
25. Customer agrees that these terms, conditions, and liabilities shall be binding upon all shipments arranged by The Expedited Company. Should
any provision of these terms be held invalid or unenforceable, the remainder of the provisions and the application thereof, other than those provisions as to
which it shall have been held invalid or unenforceable, shall not be affected and shall be considered valid and enforceable.
D – RATE AND FEE QUOTATIONS:
Quotations as to fees, rates of duty, freight charges and other brokerage service charges given by JDCarriers to the Customer are for informational
purposes only and are subject to change without notice; no quotation shall be binding upon JDCarriers unless JDCarriers agrees in writing to undertake the
handling or transportation of the shipment at a specific rate or amount set forth in the quotation.
E – INDEMNITY:
Customers employing JDCarriers for any of its services shall forever indemnify and hold harmless The Expedited Company, its parent company, subsidiaries,
affiliates, shareholders, directors, officers, employees, agents, contractors, representatives, from all claims, damages, losses, lawsuits, administrative
proceedings, all other proceedings, liabilities, costs, and expenses. By way of example and not limitation, the foregoing shall include claims for property
damage, personal injuries; fines and penalties; the expenses of domestic and international travel; storage and demurrage charges; lodging and meals; and the
fees of consultants, experts, and attorneys.
F. Terms and Conditions:
JDCarriers terms and conditions are subject to change without notice.