QLS is a third party logistics provider of integrated freight solutions. QLS provides dedicated freight solutions
All Rights Reserved by Quick Logistic Solutions
QLS TERMS AND CONDITIONS
Sec. 1. (a) “Carrier” means the motor carrier party identified as the carrier on the face of the bill of lading and the party responsible to perform the transportation services.
(b) “Shipper” means the party identified as the shipper on the face of the bill of lading who tenders goods to the Carrier performing the transportation services.
(c) “Broker” means Quick Logistic Solutions in its capacity as a property broker as that term is defined in 49 U.S.C. § 13102(2).
(d) “Terms” means the terms and conditions governing shipments arranged by Broker and transported by Carrier under a QLS bill of lading.
Sec. 2. (a) The Carrier shown as transporting the property described in the bill of lading shall be liable as at common law for any loss or damage to the shipment, except as provided herein.
(b) Carriershall not be liable for any loss or damage or for any delay caused by an Act of God, the public enemy, the authority of law, the act or default of the Shipper, riots or strikes, or any related causes. Except in the case of negligence of the Carrier, the Carrier shall not be liable for loss, damage or delay which results from faulty or impassible highway, by lack of capacity of a highway, bridge or ferry, or from a defect or vice in the property.
(c) Broker shall not be liable for any loss of, damage to, or delay to the shipment described on the face of the bill of lading.
Sec. 3. Broker is properly registered with the Federal Motor Carrier Safety Administration (FMCSA) as a property broker and performs services to Shipper only pursuant to its broker authority. Broker’s services are limited to arranging for Carrier to transport Shipper’s goods, as the agent of the Shipper. Broker does not operate the motor vehicles and is not performing, or assuming responsibility to perform, the motor carrier transportation.
Sec. 4. (a)Carrier will maintain cargo liability, commercial liability, business automobile, and workers compensation insurance consistent with applicable laws and regulations and standard industry practices for the benefit of Shipper and Broker.
(b) Shipper acknowledges that the rates for the transportation services are limited liability rates, that it may request additional insurance forCarrier liability for cargo damage or loss, and that higher rates will apply for such increased liability. If, for a specific shipment, Shipper desiresCarrier to assume greater liability than the limited liability, Shipper shall notify Broker, in writing or electronically, before tendering the shipment of the maximum carrier liability it requires (the “Declared Value”) and Broker will endeavor to provide a quote for the additional freight charge that will apply to the shipment due to the increased liability. If, after receiving the quote, Shipper identifies the Declared Value accurately on the bill of lading for the shipment, the Carrier’s liability for loss or damage to the shipment shall not exceed the Declared Value and Shipper shall be deemed to have agreed to pay the additional charges.
(c)Carrier will maintain cargo liability, commercial liability, business automobile, and workers compensation insurance consistent with the following limits
Sec. 5. Broker has a surety bond on file with FMCSA and may, upon Shipper’s request, procure additional insurance for the benefit of Shipper for a fee, and as specified in Sec. 4.
Sec. 6. Unless arranged or agreed to in writing or electronically prior to shipment, Carrier is not bound to deliver a shipment by a particular schedule or in time for a particular marketbut will transport the shipment in the regular course of its providing transportation services. In the case of physical necessity while in transit, Carrier may forward the shipment via another carrier in interline service but may not co-broker any load.
Sec. 7. (a) The Shipper, and the consignor or consignee described on the bill of lading, shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected as specified in 49 U.S.C. § 13710, except that collect shipments may move without recourse to the consignor when the consignor so stipulates by signature or endorsement in the space provided on the face of the bill of lading. Nevertheless, the consignor shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by the consignor.
(b) Notwithstanding the provisions of subsection (a) above, the consignee’s liability for payment of additional charges that may be found, to be due after delivery shall be as specified by 49 U.S.C. § 13706, except that the consignee need not provide the specified written notice to the delivering Carrier if the consignee is a for-hire Carrier.
(c) Nothing in this bill of lading shall limit the right of the Carrier or Broker to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of the articles, including weight or density of shipment, or other information on this bill of lading is found to be incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.
Sec. 8. (a) Except as provided in Sec. 9., as a condition precedent to recovery, claims must be filed electronically or in writing with the Carrier within the time limits below. When claims or a civil action are not filed within the time limits set forth below, neither Carrier or Brokershall be liable and such claims will not be paid.
(b) Claims for damage must be filed with the Carrier not more than nine (9) months from the date of delivery (or in the case of export traffic, not more than nine (9) months after delivery at the port of export, or in the case of import traffic, not more than nine (9) months after pickup at the place of tender of the load to Carrier in the United States). Claims for loss must be filed with the Carrier not more than nine (9) months from the date of the bill of lading or in the case of export traffic, not more than nine (9) months after delivery at the port of export, or in the case of import traffic, not more than nine (9) months after pickup at the place of tender of the load in the United States). Claims shall be subject to 49 C.F.R. Part 370.
(c) A civil action for loss or damage must be filed not more than two (2) years after the date the Carrier has given electronic or written notice that it has disallowed all or any part of the claim specified in the notice.
Sec. 9. (a) If Shipper desires to have Broker file a claim with Carrier on Shipper’s behalf for the loss of, damage to, or delay to a shipment described on the face of the bill of lading, Shipper shall file such a claim with Broker in writing within one hundred eighty (180) days from the date of such loss, damage, or delay.
(b) If Shipper files a claim with Broker pursuant to Section 8(a), Broker will use reasonable efforts to resolve such claim(s) against Carrier.
(c) If Broker, after using reasonable efforts to resolve claims pursuant to Section 8(a), is unable to resolve such claims against Carrier, Broker may, in its sole discretion, assume responsibility for any valid claims for loss of, damage to, or delay to a shipment described on the face of the bill of lading, up to but not exceeding the limits of Broker’s insurance coverage.
Sec. 10. Neither Broker or Carrier shall be liable to Shipper for special, incidental, or consequential damages of any kind or nature, whether based upon any legal or equitable theory (contract, tort, or otherwise), and regardless of whether such damages were foreseeableorwhether Broker or Carrier were advised of the possibility of such damages.
Sec. 11. (a) If the property is stopped and held in transit upon request of the Shipper, owner or party entitled to make such request, or if the consignee refuses the shipment tendered for delivery by Carrier, or if Carrier is unable to deliver the shipment, because of fault or mistake of the consignor or consignee, the Carrier’s liability shall then become that of a warehouseman. Carrier shall promptly provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the Shipper or the party, if any, designated to receive notice on this bill of lading and to Broker. Storage charges, based on Carrier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the Carrier’s option, in any location that provides reasonable protection against loss or damage. The Carrier may place the shipment in public storage at the Shipper’s expense and without liability to the Carrier or the Broker.
(b) If the Carrier does not receive disposition instructions within 48 hours of the time of Carrier’s attempted first notification, Carrier will issue a second and final notification by telephonic or electronic communication to Shipper and Broker. Such notice shall advise that if Carrier does not receive disposition instructions within five (5) business days of that notification, Carrier has the right to offer the shipment for sale, and Carrier may sell the property under such circumstances as may be authorized bylaw. The amount received from the sale will be applied first to the Carrier’s invoice for transportation, storage and other lawful charges, including those incurred by the Carrier in selling the goods. The Shipper will be responsible for the balance of any charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses owing to the Carrier are paid, such balance will be paid to the Shipper, subject to a claim and proof of ownership.
(c) When perishable goods cannot be delivered and disposition instructions are not given within a reasonable time, the Carrier may dispose of the property in a manner that the Carrier deems best serves its disposition.
(d) When Carrier is directed by Shipper or an authorized consignee or consignor other than Shipper to unload or deliver property at a destination where Shipper, or an authorized consignor, consignee, or theirauthorized agent, is not usually located, after unloading or delivery the risk of loss or damage is not that of the Carrier or Broker, but is assumed by the Shipper, or an authorized consignor or consignee other than Shipper.
Sec. 12. (a) Where a lower value than the actual value of the property has been stated in writing by the Shipper on the bill of lading, or is established in the Carrier’s tariff upon which the rate to be charged is based, such lower value shall be the maximum amount recoverable for loss or damage.
(b) Neither Carrier or Broker will be liable in any way for any financial and commercial documents, currency, or for any articles of extraordinary value not specifically rated in the published classification or tariffs unless an agreement in writing between the Carrier and the Shipper which specifically identifies and authorizes the transportation of such articles to do so and a stipulated value of the articles are endorsed on this bill of lading.
Sec. 13. Every party, whether principal or agent, who ships explosives or dangerous goods, without previous full written disclosure to the Carrieror Broker of their nature, shall be liable for and indemnify the Carrierand Broker against all loss or damage caused by such goods. Such goods may be warehoused at Shipper’s or the owner’s risk and expense or destroyed without compensation.
Sec. 14. If this bill of lading is issued on the order of the Shipper, or his agent, in exchange or in substitution for another bill of lading, the Shipper’s signature on the prior bill of lading or in connection with the prior bill of lading as to the statement of value or otherwise, or as to the election of common law or bill of lading liability shall be considered a part of this bill of lading as fully as if the same were written on or made in connection with this bill of lading.
Sec. 15. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the Carriage of Goods By Sea Act of the United States of America, enacted April 16, 1936, and any other pertinent laws applicable to water carriers.
Sec. 16 (a) Shipper shall indemnify Broker and Carrier from and against any and all damages, costs, claims, suits, fines or penalties that are incurred or threatened to be incurred as a result of Shipper’s negligence, misrepresentation, or failure to comply with applicable laws.
(b) Carrier shall indemnify Broker and Shipper from and against any and all damages, costs, claims, suits, fines or penalties that are incurred or threatened to be incurred as a result of Carrier’s performance of the transportation services or failure to comply with applicable laws.
Sec. 17. Carrier, Broker, and Shipper shall each comply with all laws and regulations applicable to their respective performance and obligations relating directly or indirectly to the shipment of goods.
Sec. 17. Any claims or disputes arising with respect to a shipment transported pursuant to a QLS bill of lading shall be governed by and interpreted in accordance with the laws of the State of Pennsylvania, excluding its conflicts of laws rules.
QLS is a third party logistics provider of integrated freight solutions. QLS provides dedicated freight solutions
All Rights Reserved by Quick Logistic Solutions