TERMS AND CONDITIONS OF ON-LINE BROKERAGE SERVICES
Transportation Outsource Partner (aka Top Worldwide)
TOP Worldwide's TMS is a free service that simplifies shipping heavy freight. This application provides an instant comparison of numerous freight carriers or shipping companies and allows automated transport via ground.
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 alter. These Terms and Conditions shall apply to this and all future shipments scheduled by Customer, unless and until these Terms and Conditions are altered or amended by TOP Worldwide's issuance of new Terms and Conditions.
The Customer, Shipper acting on behalf of the Customer, and/or Consignee (hereinafter collectively referred to as "Customer") agrees to these Terms and Conditions which no agent or employee of the parties may alter. These Terms and Conditions shall apply to this and all future shipments scheduled by Customer, unless and until these Terms and Conditions are altered or amended by TOP Worldwide's issuance of new Terms and Conditions.
The General Rules Tariffs, set forth by the selected carrier, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over TOP Worldwide's Terms and Conditions stated herein. If not stated within the carrier's General Rules Tariff, TOP Worldwide's Terms and Conditions as stated herein shall control. In the case of conflict between the Terms and Conditions contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff 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.
TOP WORLDWIDE is a freight broker and NOT a shipper or a freight carrier. TOP WORLDWIDE reserves the right, in its sole discretion, to refuse any shipment at any time.
- Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by TOP WORLDWIDE on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by TOP WORLDWIDE, or the use of any Bill of Lading not authorized or issued by TOP WORLDWIDE shall VOID TOP Worldwide's obligations related to the shipment and VOID all rate quotes.
- Customer's Warranties
The Customer is responsible for and warrants their compliance 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. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. TOP WORLDWIDE 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.
- Necessary Documentation
The Customer is required to use TOP Worldwide's system generated Bill of Lading. 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, pick up or destination requested, the Customer hereby instructs TOP WORLDWIDE, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, TOP WORLDWIDE is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and TOP WORLDWIDE completes that document, the terms of the substituted Bill of Lading will govern. TOP WORLDWIDE is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
All charges are payable in US Dollars and are due and payable no later than 30 days from the date of the invoice, and any payment which is past due must be paid at the List Price as stated on the terms of the invoice. All funds received by TOP WORLDWIDE may be applied to the specific shipment or invoice stated by the customer on the remittance, or to the oldest (based on pick-up date) invoiced shipment that is outstanding. Overpayments do not accrue interest. In the event TOP WORLDWIDE 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 List Price as stated on the invoice terms and the Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. The Customer, Shipper acting on behalf of the Customer, and/or the Consignee are jointly and severally liable for the freight charges relating to this shipment. The Customer understands that if the Customer does not pay the charges on a shipment within the 30 day terms, the Customer agrees TOP WORLDWIDE has the right to request payment of the charges from the Consignee.
All Customers are subject to credit approval. TOP WORLDWIDE intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of TOP WORLDWIDE. 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.
The Customer shall be liable, jointly and severally, 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 TOP Worldwide's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, agents, shippers, consignees or other brokers scheduling shipments for the Customer shall be liable, jointly and severally, for all charges payable on account of such Customers shipment. TOP WORLDWIDE shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. TOP WORLDWIDE reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted fifteen (15) business days from the date of the invoice to dispute any invoiced charges. If TOP WORLDWIDE does not receive a written notice of a dispute within the allowable fifteen (15) business days, the disputed item will be denied by TOP WORLDWIDE
- Claims and Limitations of Liability
The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by the carrier. 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 filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted to TOP WORLDWIDE before the 15 day time limit in Item 4 to help ensure timely resolution. TOP WORLDWIDE will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact TOP WORLDWIDE for more details regarding carrier insurance or carrier liability.
Where TOP WORLDWIDE files damage claim with a carrier on behalf of Customer and receives recovery funds, TOP WORLDWIDE has a lien on such recovery amounts and reserves the right to apply recovery amounts to open past due invoices on account. This includes recovery amounts received from carrier for freight charges and/or product damage claim amounts.
TOP WORLDWIDE is not liable for any loss, damage, miss-delivery or non-delivery caused by the act, default or omission of the carrier. TOP WORLDWIDE is not liable for any loss, miss-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. TOP WORLDWIDE is not liable for losses, miss-delivery or non-delivery caused by violation(s) by the Customer of any 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 of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. TOP WORLDWIDE is not liable for losses, miss-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. TOP WORLDWIDE is not liable for failure to comply with delivery or other instructions from the Customer or its agents or for the acts or omissions of any person other than employees of TOP WORLDWIDE.
Subject to the limitations of liability contained in the Bill of Lading and the carrier's General Rules Tariff, TOP WORLDWIDE shall only be liable for loss, damage, miss-delivery or non-delivery caused by TOP Worldwide's own gross negligence. TOP Worldwide's liability therefore shall be limited to the fees that TOP WORLDWIDE has earned with respect to the subject shipment.
TOP WORLDWIDE 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. TOP WORLDWIDE CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, TOP WORLDWIDE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT TOP WORLDWIDE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED
LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.
- Guaranteed Services
LTL Guaranteed Services are 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 Pickup. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with TOP WORLDWIDE. If TOP WORLDWIDE does not receive a written claim request or receives the request after the allowable ten (10) business 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, TOP WORLDWIDE will credit the account of the said Customer. In no event shall TOP WORLDWIDE be liable nor will any account be credited if the Customer does not use TOP Worldwide's Bill of Lading.
- Over-dimension Shipments
Shipments exceeding twelve (12) total feet in any direction, exceeding five (5) total pallets, OR exceeding 5,000 pounds are subject to extra charges from the carrier. Should the Customer choose to process freight of these sizes, it is required that the Customer contact TOP WORLDWIDE directly to process this Shipment. The Customer understands that over-dimension freight is subject to additional fees from the carrier, and incorrect denotation of the over-dimension shipments will result in an increase in charges. The Customer will be responsible for all applicable fees from the carrier, including (but not limited to) any reweigh and NMFC reclassification fees.
BY ACCEPTING THESE TERMS AND CONDITIONS, THE CUSTOMER ACCEPTS ALL RULES AND REGULATIONS SPECIFIED IN THIS DOCUMENT, INCLUDING THE RESPONSIBILITY OF PAYING ALL APPLICABLE CHARGES AND COMPLYING WITH ALL APPLICABLE LAWS. THE CUSTOMER SHALL BE LIABLE FOR ALL CHARGES PAYABLE ON ACCOUNT OF SUCH CUSTOMERS SHIPMENT, INCLUDING BUT NOT LIMITED TO TRANSPORTATION, FUEL, AND OTHER APPLICABLE ACCESSORIAL CHARGES, INCLUDING ALL ADJUSTMENTS ISSUED BY THE CARRIER AFTER THE SHIPMENT AND ALL DUTIES, CUSTOMS ASSESSMENTS, GONVERNMENTAL PENALTIES, AND TAXES.
- GENREAL DISCLAIMER
If you should have any question's or require any special services you should contact customer service via e-mail at firstname.lastname@example.org or by phone at 1-800-987-8782. M –F 06:00 to 21:00 EST
- Top Worldwide BOL must be used to honor quoted rates, failure to do so will void quote.
- Quoted rates are based on standard LTL service.
- Any LTL shipment that weights over 10,000 # or is over 12 ft in length please call customer service for volume quote.
- For LTL shipments it is highly recommended you provide the NMFC class code for your shipment, if you do not know the NMFC class code please contact customer service, Freight class that is incorrect with out the use of an NMFC classification voids this quoted rate. Quotes based on dimensions or cubic size is estimates – Actual charges are based on the shipments classification.
- All shipments are subject to weight and class verifications, failure to provide correct information voids quote.
- This quoted rate is based upon information you supplied, if the information you supplied is inaccurate, this quoted rate is void.
- Any additional services required will result in this quote being void and additional charges may apply.
- All LTL Transit times are estimates, and based on standard business days, times do not include the day of pick up or delivery they also are subject to change, based on carrier capacity, weather, pick up times, holiday's, and Federal DOT guidelines.
- Any freight that requires more than one dollar per pound insurance will need to contact customer service
- Same day picks are not guaranteed any pick up after 1pm local time that would like to try to have same day pick up requires follow up with customer service, and requires a two hour pick up window.
- Always Provide Correct Weight, Correct Freight Class, Use NMFC code, Provide Shipment Dimensions, Use a Detailed Description of Freight.
You must agree to the Terms and Conditions before creating your Bill of Lading Document.