Terms of Service
is the registered domain and service of Keystone Dedicated Logistics, LLC (hereinafter referred to as “Company”) that compares Less Than Truckload (LTL) freight carriers or shipping companies for competitive freight quote
and shipping purposes. The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred
to as “Customer”) agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may modify. These TERMS
AND CONDITIONS shall apply to all rate quotes and shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are amended
by the Company. Customer also agrees to these TERMS AND CONDITIONS on behalf of any third party with an interest in the freight. The
Company is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and/or other government
agencies as required by law. The Company, in its sole discretion, reserves the right to refuse any shipment at any time.
The General Rules Tariffs, established by the carriers, will in every instance take precedence in all legal proceedings and when
applicable, will take precedence over the Company’s TERMS AND CONDITIONS stated herein. If not in conflict with the carrier’s General Rules
Tariff, the Company’s TERMS AND CONDITIONS as stated herein shall control. Where a Customer enters into a separate contractual agreement
with the Company, any conflicting terms in that agreement will take precedence over these TERMS and CONDITIONS.
THE COMPANY IS NOT A FREIGHT CARRIER OR AN AGENT FOR A FREIGHT CARRIER.
1. Bills of Lading
All bills of lading are non-negotiable
and have been prepared by the Company on behalf of the Customer as Customer’s agent and shall be deemed, conclusively, to have been
prepared by the Customer and to bind Customer. Any unauthorized modification or use of bills of lading or tendering of shipments to any
carrier other than that designated by the Company, or the use of any bill of lading not authorized or issued by the Company shall VOID the
Company’s obligations to make any payments relating to this shipment and VOID all rate quotes.
If the Customer fails to complete all the documents required for carriage, or if the documents which they submit are inappropriate for the
services, pickup or destination requested, the Customer hereby instructs the Company, where legally permitted, to correct, complete or
replace the documents for them at the Customer’s expense. However, the Company is not obligated to do so. If a substitute form of bill of
lading is needed to complete delivery of this shipment and the Company completes that document, the terms of this bill of lading will
govern. The Company is not liable to the Customer or to any other person for any actions taken or not taken on behalf of the Customer under
2. Customer’s Warranties
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to
import and export laws, customs laws and governmental regulation of any state and country to, from, through or over which the shipment may
be carried. Customer further warrants that it is registered and in compliance with the hazardous materials security plan and training
requirements and any amendments related thereto as specified in 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer also warrants
that it will advise Company immediately in the event that its registration and/or compliance with these regulations expire(s) or are
terminated. The Customer agrees to provide such documentation and information as necessary to verify compliance with such laws, rules and
regulations. The Company 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 Customer. Customer agrees to indemnify
Company for any and all claims or damages incurred as a result of Customer’s failure to comply with the provisions of this section.
All Customers are subject to credit approval. Upon credit approval, all charges are payable in US Dollars and are due within seven (7)
calendar days of receipt of invoice. The Company reserves the right to amend the original quoted amount or re-invoice the Customer if the
original quoted amount was based upon incorrect information received at the time of the original quote, if additional services by the
carrier were required, or as otherwise necessary to perform the pickup, transportation and delivery functions therein. All shippers,
consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to the Company
relating to this shipment and the Company holds a warehouseman’s general lien on all tangible personal property for any outstanding
balances owed to the Company.
Any payment which is overdue shall be subject to an additional charge at the rate of 1.5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less.
Overpayments are subject to the laws of the Commonwealth of Pennsylvania (including Pennsylvania Unclaimed Property Law) and do not accrue
interest. In the event the Company retains an attorney or collection agency to collect unpaid charges or for the enforcement of these TERMS
AND CONDITIONS, all unpaid charges will be subject to a late payment penalty of 33% or the maximum allowable by law, and Customer
shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.
When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any
adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s
credit card or bank account. Customer is permitted thirty (30) calendar days from the date of the invoice to dispute any invoiced charges.
If the Company does not receive a dispute within the allowable thirty (30) calendar days, the disputed item will be denied by the Company.
Additional fees may apply for charges including lift gate services, inside delivery, appointment delivery, reweighs and reclassifications,
or other accessorial services. All displayed transit times are estimates only and do not include day of pickup.
PICK-UP AND/OR DELIVERY DATES ARE NOT GUARANTEED
unless an additional charge was paid for Guaranteed Service transit time as described under #5 below. Payment cannot be withheld or reduced for any missed pick-up and/or delivery date.
5. Guaranteed Services
Shipments can be guaranteed according to the guaranteed service offerings provided by the individual carrier at an additional charge.
Guaranteed Service transit times do not include holidays and other “no service” days as defined by the applicable carrier. Guaranteed
Services are inclusive of transit times only as noted by the carrier selected. Shipments not delivered within date/time specified on the
bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the carrier. These
reasons could include, but are not limited to, the following conditions: acts of God; the existence of violence, riots, military action or
such possible disturbance as creating reasonable apprehension of danger; delays due to customs clearance or documentation required for
movement of shipment; acts or omissions by shipper, consignee, owner of goods or public authority; closure of federal, state, city or local
roads, streets, or highways causing travel delays by carrier; shipments not accepted by the consignee when offered for delivery. This
service is not a guarantee for pickup. Pick-up Day is not included in the qualification and calculation of LTL transit time.
The Customer is responsible for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service
requested, the Customer is permitted seven (7) calendar days from the actual delivery date of shipment to file a claim request in writing
with the Company. If the Company does not receive a claim request or receives the request after the allowable seven (7) calendar days, the
service provided by the LTL 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 of carrier failure to comply with the guaranteed service requested and after the carrier has
agreed to liability, the Company will credit the account of the said Customer for freight charges only. In no event shall the Company be
liable nor will any account be credited if the Customer does not use the Company’s bill of lading.
6. Claims and Limitations of Liability
The Customer is responsible for filing claims with the Carriers. The carrier liability and claims process for any cargo damage, loss,
or theft from any cause shall be governed by the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively, and the
individual carrier’s governing Rules Tariff. Customer agrees the Company, as a broker only, is not liable for any damages or loses.
If the shipment contains freight with a predetermined exception value as determined by the selected carrier, the maximum exception liability
will override the otherwise standard liability coverage. The maximum amount that Customer will receive from carrier on a claim will be that
which is recoverable under the respective transportation tariffs. Cargo liability on shipments may vary by carrier as published in the individual
carrier’s Rules Tariff. It is the customer’s responsibility to ensure the liability limits of the carrier meet their shipment needs. The Customer
may request to purchase additional insurance from the carrier for a shipment, if it is provided by the carrier as outlined in their Rules Tariff.
The Company will not be responsible in any way for claims arising out of Customer negligence, carrier’s negligence, or the negligence of any
third party. All claims and supporting documentation must be submitted in accordance with the guidelines of the individual carrier’s Rules Tariff,
the National Motor Freight Guidelines and/or as set forth in 49 C.F.R. §370. In no event shall Company be liable to Customer for payment on any
lost or damaged shipments, claims not paid by freight companies, special or consequential damages, including, without limitation, lost profits.
The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order to process a
claim. Customer may not offset freight or other charges owed to Company against claims for any loss, damage, incorrect delivery or non-delivery.
The Company has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past
due invoices on account.
7. Law Governing
Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment scheduled or tendered hereunder or through the
Company’s website, or relating to any and all disputes between the Company and the enrolled Customer, Shipper and/or Consignee and/or
Brokers for any enrolled Customer, Shipper and/or Consignee shall be governed by and construed and interpreted in accordance with the
internal laws of the Commonwealth of Pennsylvania and each party hereby submits to the jurisdiction of the state and federal courts located
in western Pennsylvania. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES, OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO
TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE COMPANY CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE COMPANY SHALL
NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS OR INCOME, WHETHER OR NOT THE COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
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