General Acknowledge

Calop Freight Services LLC. (The Company from now on) is a transportation management company. We not act as a carrier or agent of a carrier. We are commitment with our customer’s needs providing all kind of domestic freight transportation service including, but not limited to, LTL, FTL, expedited shipments and freight insurance.

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 reserves the right, in its sole discretion, to refuse any shipment at any time.

These TERMS AND CONDITIONS shall apply to all shipments scheduled by Customer.

The enrolled Customer, acting in his own interest or on behalf of any third party with an interest in the freight agree to these TERMS AND CONDITIONS which no agent or employee of the parties may alter.

These TERMS AND CONDITIONS supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written, except as stated herein.

Where a Customer enters into a separate contractual agreement with the Company, only conflicting terms in that agreement will take precedence over these TERMS and CONDITIONS.

1. Bills of Lading

All bills of lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by the Company as Customer's agent. Any unauthorized alteration 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 does not complete all the documents and information 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 the Company, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. 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.

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 customs laws, hazardous materials laws, import and export laws and governmental regulation of any state and country to, from, through or over which the shipment may be carried.

Customer is obligated to inform Company at time of tendering if any shipments contain hazardous materials. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with the regulations of Hazardous materials expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations.

Customer acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities.

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 the provisions of this section. Customer agrees to indemnify, defend, and hold Company harmless for any and all loss, liability, claim, damages, or suit arising from the provisions of this section.

The Company can reject booking a cargo with forbidden goods for ground transportation. This will be in accordance of carrier’s forbidden commodities or materials list.

3. Quotes, rates, acceptance of the offer and liability

The acceptance of the Company’s offer by email constitute the prove of the customer’s will to move the cargo with the Company according to this Terms.

The negotiated rate applies as long as the cargo maintenance the same details given during the initial request and the following negotiating process.

The Company 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 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.

The company responsibility is limited to rate negotiation, logistic coordination and carriers and logistics operations related with the transport of the cargo, follow up wit the most accurate information and representing the customer against carriers in case of claims for delays, lost or damage.

The Customer is liable for all charges related to the shipment.

1. LTL quotes are valid for 7 days, unless otherwise specified.
   LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) which are based on the actual description, size, and weight of the shipment. Additional fees may apply for other charges including appointment delivery, reweighs and reclassifications, lift gate services, inside delivery or various other accessorial services.
2. FTL quotes are valid for 7 days.
   The rates are based on dock door pickup/dock door delivery and shipper load/consignee unload and are state to state and mileage based. Additional fees may apply for charges including but not limited to, tractor detention, trailer detention, and driver assistance. Once the Company has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the bill of lading at the agreed upon price, or equipment not used (EON) fee will be assessed.
3. Spot volume quotes are valid for 7 days.
4. Container drayage quotes are valid for 7 days.
5. Air freight quotes are valid for 7 days. Rates are based on the greater of actual or dimensional weight. If an air freight shipment contains oversize freight, additional charges and transit days may apply.
6. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply.

All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

4. 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.

Exceptions for guaranteed services: 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; acts or omissions by shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, city or local roads, streets, or highways resulting in travel delays by carrier; shipments not accepted by the consignee when offered for delivery.

This service is not a guarantee for pickup.

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 the Company.

The Company will credit the account of the Customer for freight charges according to the carrier’s guaranteed refund policy only after the carrier has agreed to liability

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.

5. Payment

All Customers are subject to credit approval. Credit terms are subject to Company’s continued approval. Company may change credit terms and may establish and/or revise a credit limit at any time when, in Company’s opinion, Customer’s financial condition, previous payment record, and/or the nature of Customer’s relationship with Customer so warrants.

All charges are payable in US Dollars and are due upon receipt or upon agreed payment terms. Any payment which is past due shall be subject to an additional charge.

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% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.

All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to the Company.

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 (15) business days from the date of the invoice to dispute any invoiced charges. If the Company does not receive a dispute within the allowable thirty (15) business days, the disputed item will be denied by the Company.

6. Claims and Limitations of Liability

The Company may assist in the claim filing process. If the Company is involved, they will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process with the carrier any freight loss or damage claims occurring in the course of the transportation services rendered to such Customer.

The carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively. Customer agrees the Company, as a broker only, is not liable for any damages, except as stated hereafter. To the extent Calop is found negligent, Calop’s liability is limited to no greater than a refund of the total freight charge payment related to the specific Bill of Lading in question.

The individual carrier's governing General Rules Tariff will apply when determining carrier liability. Those Tariffs can be viewed at the Company's corporate offices. 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. It is the Customer's responsibility to ensure the liability limits of the carrier meet their shipment needs.

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 within 15 days after delivery. Claims for damages that are not readily apparent or noted upon delivery ("concealed damage") must be submitted within 3 days after delivery.

Customer is responsible to ensure freight is inspected upon delivery and damage noted accordingly. Claims for damages not noted upon delivery may not be honored. Company shall not be liable for any actions brought to enforce a claim unless all claims procedures have been complied with and the action is brought within one year after the date the carrier first disallowed all or part of the claim.

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, mis-delivery or non-delivery.

In no case will the maximum cargo liability be greater than $25,000 for a Truckload shipment. Cargo liability on LTL shipments may vary by carrier, but in no case will the maximum liability for new goods be greater than $10 per pound, or for used or resold goods be greater than $0.10 per pound. On LTL shipments, the Company may offer upon request a cargo coverage insurance policy for purchase by the Customer. In no case will the maximum cargo liability be greater than $100 per shipment on small parcel and/or postal items.

7. Forum Selection and Choice of Law

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 filed in the Circuit Court of Dade County, Florida or in the United States District Court for the Southern District of Florida, Southern Division and shall be subject to Florida law. Customers hereby irrevocably consent and submits themselves to the personal jurisdiction of said courts for all such purposes.

8. Misc.

In any event, the company shall not be liable for damages, including but not limited to any special, punitive, incidental, indirect or consequential damages of any kind, including but not limited to loss of profits or income, whether or not the company had knowledge that such damages might be incurred.