D & D Transportation is a Freight Logistics Company operating as a “Freight Broker” and is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and other government agencies as required by law and shall therefore be known thru out this terms and conditions as D & D Transportation. Customer is the party using D & D Transportation website and or services. By electing to use D & D Transportation’s website and services, Customer agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter.
Definition - Freight Brokerage: Customer acknowledges that D & D Transportation is a Freight Broker and NOT a Freight Carrier. Acting as a broker between the Customer and Carrier, D & D Transportation provides access to carrier rates and carrier services. D & D Transportation also ensures all carriers are properly licensed and bonded for all services they provide for the Customer. The Federal Government’s laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment. The courts have upheld this position based on the fact that D & D Transportation is barred from accepting consignment (taking control) of freight –and– Customer consigns (signs over) their shipment directly to the carrier. At no time does hold, handle, store or transport freight.
Definition - Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer’s shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) that actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of Customer’s shipment.
Definition - Customer: You establish yourself as a Customer of D & D Transportation by: using D & D Transportation’s website to shop and compare freight rates, registering and establishing an account with D & D Transportation, and/or arranging a shipment through www.ddtranz.com.
The Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off or pickup. Residential services are available and are charged as an assessorial service. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be carrier-equipment accessible. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service. Customer agrees to ensure the shipment is properly prepared for transport by Freight Carrier (packaging and addressing) unless these services have been arranged for as an assessorial service. The Customer agrees to pay for all services as actually provided by D & D Transportation and the Freight Carrier(s).
Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes; any sanctioned party scheduling a shipment(s), any party using Customer’s Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer.
Bill of Lading (BOL): The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by D & D Transportation on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the Carrier(s) that actually provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the D & D Transportation Terms and Conditions. If not stated within the Carrier’s General Rules Tariff, D & D Transportation 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.
Required Use of Bill of Lading: The Customer is required to use D & D Transportation’s system generated BOL. Customer agrees to sign the BOL provided by D & D Transportation prior to pick up. Customer must then provide (2) copies of the signed BOL to the Consignor (the party at the point of pickup). Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting Freight Carrier. Accordingly, the Customer agrees to that the consigned Freight Carrier will be exclusively liable for loss or damages. D & D Transportation, may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated D & D Transportation, and shipments tendered with any bill of lading not issued by D & D Transportation, Not using the BOL prepared by D & D Transportation may result in a loss of all discounts and/or a reprocessing fee of $50.00.
Assessorial Services: Assessorial services are services provided by the Carrier in addition to the basic transportation of the shipment. Customer agrees to pay for all services requested and or any service(s) associated with a particular pickup or delivery location. Rates shown below will apply unless otherwise stated on the Bill of Lading and/or the invoice provided at the time of booking the shipment. Lift Gate at Pickup or Delivery - $150.00, Call before Pickup or Delivery - $35.00, Residential Pickup or Delivery - $95.00, Bill of Lading (BOL) not used - $95.00, Tagging and Labeling Fee - $135.00.
Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck.
Truck Load Services (TL) & Partial Truckload: TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state-to-state and mileage based. Full truckload shipments include two hours of detention time at pickup and delivery. Additional charges may apply for charges including but not limited to: Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $75 per hour, up to $600 per day. A cancellation charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup at the rate of $350 or 20%, whichever is greater. Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply. Blanket Wrap/High Value Goods 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 oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply.
Quoted Rate: All shipments are quoted, rated, and booked based on information provided by you, the Customer. Factors in this calculation include;
- The total weight of the shipment including all packing materials, crating and or pallet.
- What is being shipped (commodity) results in a NMFC code and Freight Class.
- The packed size of the shipment, its dimensions, and volume of space required.
- The type of packing used for the shipment.
- The number of items being shipped.
- Any special services requested and/or needed.
- Guaranteed or estimated transit time.
- Commercial or residential pickup or delivery.
- Any other applicable accessorial charges (see below).
Note: Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessments, penalties, taxes, duties, tariffs, tolls, storage expenses, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses.
Open Account: All Registered Customers arranging freight through D & D Transportation must establish an Open or Pre Pay Account. All services provided by D & D Transportation, Freight Carriers or Vendors on behalf of Customer will be charged to this account.
Initial Billing: The estimated cost for each shipment is billed and charged to Customer’s open account at the time of dispatch. Customer understands that this initial billing is based on the information they provided and that this billing is done in good faith by D & D Transportation with the assumption that the Customer provided true and accurate information reflecting the actual description of their shipment and services to be provided.
Billing Adjustments: The Carrier reserves the right to verify a shipment’s weight, size, class and services provided. When a Carrier discovers these items are incorrectly described on the BOL, a Freight Inspector will document the differences and a “Billing Adjustment” will be issued. Should this occur, Customer agrees to pay for all documented billing adjustments via the same method of payment used in the initial billing of this shipment. Billing adjustments (if any) will be automatically charged to the Customer’s Open Account with D & D Transportation. Billing Adjustments will incur a Rebilling and Reprocessing Fee of $35.00.
Payment: Unless otherwise agreed, payment for all services is by Credit Card (Visa, Master Card, Discover, or American Express), which is issued in the Customer’s name and/or Customer is authorized to use. Customer understands and agrees they have established an Open Account with D & D Transportation and that they provided a credit card as their means of payment for this account. Understanding this, Customer is authorizing and directing D & D Transportation to automatically charge any amounts payable by Customer in connection with Customer’s use of D & D Transportation to the credit card Customer provided during the registration process, or such credit card(s) Customer may provide thereafter. All funds received by D & D Transportation will be applied to the oldest (based on pickup date) outstanding invoice.
Late Payments: If payment is not received for services within Customer’s agreed to terms, the following will apply; (1) A reprocessing charge of $50 will be applied to the account. (2) Late fees will be assessed monthly at the rate of 1.5% of the outstanding balance.
Customer’s Warranties: Customer warrants their compliance with all applicable state & federal 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. 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, the Customer hereby instructs D & D Transportation, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, D & D Transportation is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and D & D Transportation completes that document, the terms of this Bill of Lading will govern. D & D Transportation is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision. D & D Transportation 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.
Guaranteed Transit Time Services: Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. When Guaranteed Service is included as an assessorial service, it is 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 time of pickup. Day of pickup is not included in the qualification and calculation of transit time.
Delay of Shipment: Neither D & D Transportation nor the actual Freight Carrier shall be held liable for delays in delivery caused by; an Act of God, war, accidents, weather or delays due to State or Federal intervention or any other circumstance that are beyond the control of D & D Transportation and or the Carrier(s). Such circumstances negate the Guaranteed Transit Time service. Beyond the circumstances noted above, liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge noted on the invoice for this service. In no case, shall the Customer hold D & D Transportation or the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the expected.
In the event of Carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the date of invoice to file a claim request in writing with D & D Transportation, If D & D Transportation does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the Carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In no event shall D & D Transportation be liable nor will any account be credited if the Customer does not use D & D Transportation Bill of Lading.
Exclusions of Liability: Customer agrees that D & D Transportation will not be held liable for any loss, missed 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, D & D Transportation will not be held liable for losses, missed delivery or non-delivery caused by Customer’s violation(s) 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 failure to observe any of the rules relating to shipments not acceptable for transportation or shipping. D & D Transportation is not liable for losses, missed delivery or non-delivery caused by the acts of God, perils of the air, public authorities, acts or omissions of Customs or quarantine, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment. D & D Transportation is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of D & D Transportation. Subject to the limitations of liability contained in this Bill of Lading and the Carrier’s General Rules Tariff, D & D Transportation shall only be liable for loss, damage, missed delivery, or non-delivery caused by D & D Transportation‘s own gross negligence. D & D Transportation liability therefore shall be limited to the fees that D & D Transportation has earned with respect to the subject shipment.
Limitations of Liability: All shipments are covered under the Carrier’s limited liability coverage as noted below based on either Full Truck Load or (TL) or Less Than a Truck Load (LTL) services (see below Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.
Full Truck Load Freight: Truck load (TL) Freight Carriers are required by law to carry a minimum of $100,000.00 of cargo insurance. This coverage protects the Customer from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.
Less than a Truck Load (LTL): All less than a truck load shipments arranged through D & D Transportation is covered by the respective Freight Carrier at a limited liability of $0.10 cents per pound. Optionally, Customer may choose to secure Freight Insurance from any 3rd party freight insurance company. For your convenience, D & D Transportation(www.ddtranz.com) provides a partial list of insurance providers. You may also find that your home or business insurance provider offers freight insurance coverage. Freight insurance is also available under the insurance listings of your local yellow pages.
Filing Carrier Claims for Loss or Damage: The Customer must file all freight cargo claims in writing with D & D Transportation within 48 hours of delivery. This process may be done using our online claims form at www.ddtranz.com/claims. D & D Transportation will act as liaison and assist the Customer in the processing of their claim with the Freight Carrier. The filing of a claim does not relieve Customer for payment of freight charges. Customer’s account must be paid in full prior to processing a claim for loss or damage. Please contact D & D Transportation for more details regarding carrier insurance or carrier liability.
Venue, Forum Selection and Choice of Law: Customer acknowledges that D & D Transportation is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by D & D Transportation are limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of Florida. All US Freight Carrier(s) brokered through D & D Transportation are subject to all state and federal laws and regulations applicable to the transportation of freight. The Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by D & D Transportation, Understanding this, the Customer agrees to hold D & D Transportation harmless for services (i.e. transportation of freight) performed by the Freight Carrier. Customer agrees to pay D & D Transportation per agreement regardless of any disputes that may or may not occur with the Freight Carrier.
Therefore: All parties including D & D Transportation, the Customer and the Carrier agree any claim, dispute or controversy between Customer and D & D Transportation (and/or made by/or against anyone connected with Customer or D & D Transportation, or claiming through Customer or D & D Transportation) arising from/or relating to Customer’s use of D & D Transportation website or services provided by D & D Transportation including claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (”AAA”) then in effect, subject to these Terms and Conditions at a mutually agreed location within Collier County, State of Florida, USA.
Any claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Florida and that the venue for any dispute shall any legal action relating to services provided by D & D Transportation or its website http://www.ddtranz.com, shall be filed exclusively in the County Court of Collier County, Naples, Florida or in the United States District Court of Florida. Customer shall be liable for all legal and collection fees.
Changes of Terms & Conditions: D & D Transportation shall have the right at any time to change or modify the terms and conditions applicable to Customer’s use of D & D Transportation, or any part thereof, or to impose new conditions, including but not limited to adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on D & D Transportation, through electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of D & D Transportation by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.
Binding Acceptance: Acceptance of D & D Transportation TERMS and CONDITIONS is redundantly required in the course of booking each shipment. This occurs by the Customer’s use of D & D Transportation, when securing a quote, when registering as a Customer, and/or when tendering a shipment. Additionally, a copy of these TERMS and CONDITIONS is provided with each Bill of Lading (BOL) and finally, the use of D & D Transportation’s BOL requires the acceptance of these TERMS and CONDITIONS.