CaseStack, Inc. (“CaseStack”) Terms and Conditions of Property Broker Service
THESE TERMS AND CONDITIONS OF PROPERTY BROKER SERVICE (“T&Cs”) APPLY TO THE ARRANGEMENT BY CASESTACK OF BOTH FULL TRUCKLOAD (“FTL”) AND LESS-THAN-TRUCKLOAD (“LTL”) FOR-HIRE MOTOR CARRIER SERVICE IN WITH RESPECT TO CARGO MOVING BEWTEEN POINTS WITHIN THE UNITED STATES AND/OR CANADA UNLESS SUCH SERVICES ARE SPECIFICALLY CONTEMPLATED BY, AND ADDRESSED IN, A CONTRACT SIGNED BY AN OFFICER OF CASESTACK, IN WHICH CASE THE TERMS OF SUCH AGREEMENT GOVERN TO THE EXTENT OF A CONFLICT WITH THESE T&Cs. THESE T&Cs MAY BE AMENDED BY CASESTACK FROM TIME TO TIME. FOR PURPOSES OF AND SUBJECT TO THESE T&Cs, “CUSTOMER” SHALL MEAN THE PARTY REQUESTING THAT CASESTACK ARRANGE FOR TRANSPORTATION GOVERNED BY THESE T&Cs, AND ALSO INCLUDING ANY SHIPPER, CONSIGNOR, CONSIGNEE, OR ANY OTHER ENTITY CLAIMING AN INTEREST IN GOODS.
THESE T&Cs SET FORTH THE LEGALLY BINDING TERMS GOVERNING FOR-HIRE MOTOR CARRIER SERVICE ARRANGED BY CASESTACK. BY ARRANGING FOR SERVICE VIA SUPPLYPIKE’S WEBSITE AT http://www.supplypike.com/ship, OR BY OTHERWISE REQUESTING OR RECEIVING THE BENEFIT OF FOR-HIRE MOTOR CARRIER SERVICES ARRANGED BY CASESTACK, CUSTOMER ACCEPTS THESE T&Cs. BY REQUESTING SUCH SERVICES, YOU INDIVIDUALLY, REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE COMPANY, ENTITY OR ORGANIZATION THAT YOU REPRESENT. ANY TERMS AND CONDITIONS ON ANY TRANSACTIONAL OR SHIPMENT-SPECIFIC DOCUMENT, INCLUDING, BUT NOT LIMITED TO, ANY BILL OF LADING, DOCK RECEIPT OR SIMILAR DOCUMENTATION EXCHANGED BETWEEN THE PARTIES OTHER THAN THESE T&Cs SHALL NOT APPLY TO ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND SHALL NOT BE BINDING ON OR APPLICABLE TO CASESTACK. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.
- ACCESSING SERVICES.The “Services” consist of CaseStack arranging, but not actually performing, for-hire motor carrier transportation. Customer understands and agrees that CaseStack functions as an independent entity, and not as a carrier, in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments shall be performed by third-party motor carriers (“Servicing Motor Carriers”). Customer is solely responsible for determining whether to select LTL or FTL motor carrier services. Customer acknowledges and agrees that CaseStack has no obligation to inform Customer’s selecting LTL service that a lower rate might be available via FTL service, nor to inform Customers selecting FTL service that a lower rate might be available via LTL service. The relationship of Customer and CaseStack is that of independent contractors and each of their respective employees are under their respective exclusive management and control. Nothing in these T&Cs shall be deemed to require CaseStack to provide Services upon request of Customer and CaseStack reserves the right to accept or decline, in its sole discretion, any particular request for Services. In order to use the Services, Customer may be required to register an account on http://www.supplypike.com/ship and provide certain information as prompted by the website. Customer represents and warrants that all required information it submits is truthful and accurate and that Customer will maintain the accuracy of such information. Customer may delete its account at any time, for any reason, by following the instructions on the website and/or contacting SupplyPike for assistance. Customer is responsible for maintaining the confidentiality of its login credentials and is fully responsible for all activities that occur under its account with SupplyPike. Customer agrees to immediately notify SupplyPike of any unauthorized use, suspected unauthorized use of Customer’s account or any other breach of security. CaseStack cannot and will not be liable for any loss or damage arising from Customer’s failure to comply with the above requirements.
- SERVICING MOTOR CARRIERS. Customer may be required to provide information regarding cargo tendered for transportation including classification, weight, and dimensions. When selecting LTL Service, Customer will be presented with the option to choose between various Servicing Motor Carriers, and Customer is solely responsible for selecting the Servicing Motor Carrier. Customer acknowledges and agrees that LTL transportation provided by the Servicing Motor Carriers is provided pursuant to each Servicing Motor Carrier’s tariff in effect on the date the Services are provided (each, a “Servicing Motor Carrier Tariff”). Customer shall be solely responsible for complying with the Servicing Motor Carrier Tariff, which is available from the Servicing Motor Carrier upon Customer’s request. Customer shall ensure that all classification and weight information with respect to any LTL shipment is complete, accurate, and correct and established in accordance with the provisions of the then-current National Motor Freight Classification (“NMFC”), or otherwise in accordance with the Servicing Motor Carrier Tariff. If Customer fails to provide the NMFC Classification, CaseStack may, but is not required to, provide the classification to the Servicing Motor Carrier as determined by CaseStack based on information provided by Customer. Customer acknowledges that Servicing Motor Carriers reserve the right to reclassify and reweigh Customer cargo to ensure accuracy. Regardless of whether Customer or CaseStack provides the NMFC classification, Customer will be liable for undercharge claims, including those related to weight or classification, including any which are presented by the Servicing Motor Carrier directly to CaseStack, which such amounts will be invoiced and paid in accordance with the invoicing and payment provisions of these T&Cs. CaseStack makes no express or implied warranties or guarantees concerning delivery times or the locating of a Servicing Motor Carrier to provide transportation requested by Customer.
- COMPLIANCE WITH LAW. CaseStack represents and warrants that it is duly and legally qualified to operate as a property broker and to provide the Services contemplated herein. Customer warrants and represents that it is authorized to tender the cargo in question and that all descriptions of the cargo are complete, accurate, and include all information required by applicable law, rules or regulation. In no event will Customer tender any shipments requiring any specialized handling, including, but not limited to, commodities regulated as hazardous materials, food subject to regulations of the Food and Drug Administration regarding Sanitary Transportation of Human and Animal Food, or any other commodities that are restricted or prohibited by the Servicing Motor Carrier Tariff.
- CHARGES. (i) With respect to requests for CaseStack to arrange LTL transportation, by providing information requested by web-prompt, Customer will be presented with pricing options which identify the underlying Servicing Motor Carrier(s). All prices include a mark-up which constitutes CaseStack’s charge for providing the Services. Customer is solely responsible for selecting the Servicing Motor Carrier from the options displayed, based on search criteria Customer has entered. By selecting a Servicing Motor Carrier, Customer is authorizing CaseStack to arrange with the Servicing Motor Carrier selected by Customer to provide LTL transportation, and is agreeing to pay CaseStack the amount displayed via the website. (ii) With respect to requests for CaseStack to arrange FTL transportation, upon being contacted by Customer, CaseStack will provide a quote, which quote will contain a mark-up which constitutes CaseStack’s charge for providing the Services and which may be confirmed in a follow-up writing provided by CaseStack to Customer. By requesting that CaseStack render Services subsequent to receipt of a quote, or by tendering goods to a Servicing Motor Carrier arranged by CaseStack, Customer is agreeing to pay CaseStack the agreed upon amount. (iii) with respect to both LTL and FTL services, Customer shall also be responsible for any additional accessorial charges imposed by the Servicing Motor Carrier which were not anticipated by CaseStack at the time CaseStack arranged for services with Servicing Motor Carrier. If any information provided by Customer is inaccurate or incomplete, Customer acknowledges and agrees that agreed upon rates may, in CaseStack’s sole discretion, be revised to reflect the goods actually tendered.
- PAYMENT. Customer will pay CaseStack’s invoice without deduction or offset within fifteen (15) days of the date of the invoice with interest accruing monthly at a rate of one percent (1%) per month on any unpaid balance. Customer shall also be liable for any expenses, including attorney fees, CaseStack incurs in collecting its rates and charges.
- INDEMNIFICATION, WARRANTIES AND LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER THE PARTY TO BE CHARGED HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO LOSS OF PROFIT OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF CASESTACK WITH RESPECT TO ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED SERVICES PROVIDED PURSUANT TO THESE T&Cs WILL BE FOR THE AMOUNT CHARGED BY CASESTACK WITH RESPECT TO THE SERVICES SPECIFICALLY GIVING RISE TO SUCH CLAIMS OR DAMAGES. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CASESTACK AND ITS AFFILIATES (EACH OF WHICH IS AN INTENDED THIRD PARTY BENEFICIARY OF THIS PROVISION) FROM AND AGAINST, AND SHALL PAY AND REIMBURSE, ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO: (i) BREACH BY CUSTOMER OF THESE T&Cs; (ii) THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF CUSTOMER, ITS AGENTS, CONTRACTORS OR EMPLOYEES; (iii) VIOLATION BY CUSTOMER, ITS AGENTS, CONTRACTORS OR EMPLOYEES OF ANY APPLICABLE LAWS, RULE OR REGULATION; (iv) CUSTOMER’s FAILURE TO PROVIDE, OR CASESTACK’S COMPLIANCE WITH OR RELIANCE ON, INFORMATION, INSTRUCTIONS, DIRECTIONS, OR REQUEST OF CUSTOMER; (v) CUSTOMER’s SELECTION OF SERVICING MOTOR CARRIERS; OR (vi) CUSTOMER’s FAILURE TO ABIDE BY SERVICING MOTOR CARRIER’S TARIFF. THE FOREGOING NOTWITHSTANDING, CUSTOMER’S OBLIGATION TO HOLD HARMLESS, INDEMNIFY, PAY AND REIMBURSE SHALL NOT APPLY TO THE EXTENT ANY CLAIM IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A PARTY SEEKING TO ENFORCE THIS PROVISION. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. CASESTACK IS NOT LIABLE FOR THE CONSEQUENCES OF IDENTIFY THEFT OR FRAUDULENT CONDUCT OF THIRD PARTIES, INCLUDING UTILIZING THE SERVICES OF ENTITIES REPRESENTING THEMSELVES TO BE SERVICING MOTOR CARRIERS OR REPRESENTATIVES THEREOF.
- CARGO LOSS, DAMAGE, OR SHORTAGE. Customer acknowledges that Servicing Motor Carriers may limit their liability for cargo loss, damage or delay. It will be Customer’s responsibility to insure product in-transit and Customer acknowledges that if Customer wishes to declare excess value higher than the Servicing Motor Carrier’s limitation, CaseStack will have no responsibility to do so and it will be Customer’s responsibility to do so directly with the Servicing Motor Carrier. CaseStack shall have no responsibility to assist Customer with filing claims against the Servicing Motor Carrier with respect to loss, damage or delay to cargo, and Customer acknowledges and agrees that CaseStack shall have no responsibility to notify any Servicing Motor Carrier of any such claim. Customer is solely responsible for complying with all claim filing deadlines and obligations established by the Servicing Motor Carrier. CaseStack shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by CaseStack’s negligent acts or omissions, in which case, CaseStack’s liability shall be limited as set forth in these T&Cs. Customer is responsible for filing a claim with CaseStack alleging CaseStack’s liability for cargo loss and damage within six (6) months of the date of delivery of the cargo in question (or, if none, within six (6) months of the date cargo should have been delivered). Failure to do so will result in an absolute bar to any such claim and will relieve CaseStack of any and all liability with respect thereto. Any lawsuit arising from such claim must be commenced within eighteen (18) months of denial of all or any part of such claim. In no event will CaseStack have any liability arising from or related to the Servicing Motor Carrier’s refusal to accept full value liability or the Servicing Motor Carrier otherwise limiting its liability for cargo loss and damage. CaseStack shall be under no obligation to arrange, and Servicing Motor Carrier shall be under no obligation to provide, service in accordance with any set pick-up or delivery schedule. Customer acknowledges and agrees that the sole liability of CaseStack with respect to loss, damage or delay to cargo shall be as set forth in this provision and Customer warrants and represents that if it is not the owner of such cargo, Customer holds authority from such owner to bind the owner to the provisions of these T&Cs.
- SHIPPING DOCUMENTS. Shipments tendered hereunder may be accepted by the Servicing Motor Carrier on a bill of lading or similar transportation document setting forth the respective legal rights and obligations of Customer and the Servicing Motor Carrier. In no event shall the terms or conditions of any such bill of lading or other document used by Customer and the Servicing Motor Carrier apply to CaseStack’s Services or otherwise be binding on CaseStack.
- NOTIFICATION OF ACCIDENTS OR DELAYS. CaseStack agrees to notify Customer of any accident or other event of which CaseStack is apprised and which prevents the Servicing Motor Carrier from making a timely or safe delivery.
- DISPUTE RESOLUTION. These T&Cs shall be deemed to have been drawn in accordance with the statutes and laws of the state of California and in the event of any disagreement or dispute regarding services subject to these T&Cs, to the extent not otherwise governed by federal law, the laws of California shall apply and suit must be brought in California as each party specifically submits to the exclusive personal jurisdiction of such courts for disputes involving these T&Cs.
Last updated: July 24, 2018