Terms and Conditions

1. Fast Track Logistics, LLC (herein referred to as FTL) terms and conditions supersedes any/all bills of lading, invoices or packing slips used as shipping invoices by a customer, customers agent, supplier or any third party, for the express purpose of moving product from point of origin to point of destination. This includes all carriers and entities that perform packing and loading services for FTL hereinafter “agents”, agents bills of lading that carry the property herein or perform other service incidental to such carriage on behalf of FTL. 

2. All shipments tendered are subject to inspection for any reason deemed necessary by FTL, it agents, or carriers. 

3. FTL acts as a broker only and is not ordinarily liable for cargo loss, damage or delay unless due to its sole negligence. All cargo claims must be filed with the Carrier or Agent in accord with the federal claims regulations set forth at 49 CFR 370, though FTL will administer and process claims. 

4. Neither FTL, Carriers nor Agents shall be responsible for cargo loss, damage or delay caused by force majeure conditions, including but not limited to Acts of God, including floods, fire, earthquake, mud slides, and lightning, acts of public enemy, riots or strikes, acts of public authority, the act or default of the shipper or owner, or the inherent nature of the goods. 

5. Liabilities Not Assumed. Neither FTL, its Agents or the Carriers shall be liable for any damages, whether direct, incidental, special or consequential in excess of the declared value of the shipment, whether or not FTL, its Agents or the Carriers knew or should have known that such damages might be incurred, including but not limited to loss of income or profits, howsoever incurred. 

6 .The category your freight falls under determines the liability of the carrier. Shipments of new factory packed items can be insured up to $10.00 (ten US dollars) per pound. If your item or shipment is used it will be insured for .10lb (ten cents per pound) unless other arrangements are made and agreed to in writing prior to shipment. If your shipment is lost in transit you will be required to file a claim directly with the delivering carrier. If your shipment is damaged you must receive the item or items, note the damage on carrier’s delivery receipt and a claim must be filed within 10 days. The items must be made available for inspection to the carrier if the carrier deems it necessary. FTL will assist with filing claims should you require assistance. Any shipment received and signed for without exception at time of delivery will be automatically declined at time of claim. There are no exceptions to this rule. 

7. Unless different liability provisions have been negotiated and agreed to in writing prior to shipment, Fast Track maximum claim liability for the following commodities is not to exceed $.10 per pound: glass and or glass products, ceramic items, porcelain products, medical supplies, rugs, oriental carpets, auto and or motorcycle parts, engines of any kind, used or refurbished machinery or electronics, perfume or perfume products, toilet preparations, cosmetics, furniture of any kind, personal effects, plastic articles, shipments described as FAK, unpackaged items, coupons, aluminum casting or alloys, marble, animal skins, textiles, fabric, cloth (uncut), printed matter, books, paper products, salvage or surplus items. 

8. Restricted Articles: Antiques, articles of extraordinary value, artwork, bills of exchange, bonds, bullion, coins, coin-operated games, corpses, cyanides, sulfides, currency, deeds, evidence of debt, furs, fur or fur trimmed clothing, cut or uncut gems, hazardous materials, jewelry, money, narcotics, pearls, precious metals, securities, stamps postage or revenue, watches or time pieces. If any of the above shipments are tendered and accepted inadvertently, the maximum liability for loss or damage will default to $.50 per pound. 

9. Unless otherwise specified in a separate written agreement made prior to shipping, shipments having prior or subsequent movement by air must be released to a value not exceeding $.50 per pound, including any occasion where a shipment without this released value is inadvertently accepted. 

10. Undelivered or unclaimed shipments shall be subject to storage charges of $.35 per pound or a minimum of $35.00 per day, whichever is higher. Charges will begin the date the customer has been offered a shipment for delivery and through no fault of FTL or its agent shipment is either refused or unclaimed. 

11. Any unclaimed or refused shipments which are not resolved within 48 hours of notification will have an undelivered freight notice issued. This notice will be delivered via certified mail to the shipper (owner of the goods) and consignee for disposition. If disposition is not received within 14 days of receipt of notice the goods will be subject to disposal or auction. 

12. FTL will not accept collect on delivery shipments, known as COD, unless prior arrangements are made (a service fee of 3% of the amount to be collected subject to a minimum of 35.00). FTL will not protect against non-sufficient funds or fraudulent funds. FTL will require paying party to issue a company check and FTL does not protect against the authenticity of the check. FTL will not accept cash as a method of payment on COD shipments. 

13. All auction shipments will be paid prior to movement of goods. Credit Card customers – if you file a chargeback against Fast Track and your chargeback is unjustified and denied by credit card company you will be charged an additional $50.00 processing fee.

14. FTL will NOT handle hazardous materials of any kind. Should a shipment be tendered without disclosure, shipper indemnifies FTL and its agents against any and all claims caused by such goods tendered. All charges related to return of the shipment will be at shippers expense. 

15. Attempted pickup fee will be $50.00 if FTL should attempt a pickup and shipment no longer is available. 

16. FTL will add a 3% service charge on all credit card transactions in excess of $250.00 subject to a minimum of $8.00. 

17. Where FTL undertakes to arrange for the transportation of customers’ freight by motor vehicle, prior to tendering Customers’ freight to any carrier, FTL, or its Agent(s) shall have the duty to obtain a copy of carrier’s federal operating authority for interstate shipments and state operating authority for intrastate shipments. FTL shall verify carriers’ operating authority and federal safety rating via Federal Motor Carrier Safety Administrations’’ (“FMCSA”) website “Safersys.org” or other means. 

FTL will only use carriers with a “Satisfactory”, “Conditional” or “Unrated” safety rating. However, FTL is in the business of arranging for transportation by motor carrier and is neither trained, licensed nor otherwise qualified to assess, analyze or predict the likelihood of a carrier’s safe operations. FTL reasonably relies upon the Federal and State Governments to only allow safe carriers to operate on the public roads and FTL is under no duty to investigate individual carriers’ operations. FTL does not own equipment or employ drivers, nor does FTL physically participate or control the loading, securing transportation or unloading of freight. FTL shall not be liable to Customer or any other entity for injury to persons or property unless such injury solely attributable to FTL’s negligent acts or omissions. To the extent that Customer, its employees, agents or subcontractors causes or contributed to such injury it shall defend, indemnify and hold FTL harmless from any claims, suits, causes of action, including reasonable attorney fees and cost. Additionally, FTL shall be entitled to reasonable attorney fees and cost for enforcement of these terms. 

FTL shall obtain and Acord Certificate of Liability Insurance for each carrier. FTL shall only use carrier showing a minimum of $750,000 public liability insurance and $100,000 cargo insurance. However, FTL has no duty to obtain, review or read carriers’ insurance policies. Nor does it have any duty to discover policy limitations, exclusions or endorsements not specified on the Acord Certificate. FTL has no duty to discover the value of Customers’ freight, or arrange for carriers with “adequate insurance coverage” unless specifically requested in writing to do so by Customer prior to shipment on a shipment by shipment basis. 

INDEMNIFICATION

The Customer, Consignor, Consignee, Beneficial Owner and/or any other party(s) to the transaction shall be liable, jointly and severally, to pay or indemnify FTL for all claims, fines, penalties, damages, reasonable attorney’s fees, cost or other sums which may be incurred, suffered or disbursed by FTL by reason of any violation of any of the terms and conditions contained in the Service Guide, or the underlying motor carriers’ applicable tariffs or publications, or any other default of the Customer, Consignor, Consignee, Beneficial Owner or other such party with respect to a shipment. 

Customer agrees to defend, indemnify and hold FTL harmless for all cost arising out of and spill, response, mitigation, fine or penalty, clean up (including decontamination and/or rehabilitation of the equipment) or ultimate disposal of cargo, including hazardous materials which result from a failure by the Customer, Consignor or Beneficial Owner to properly prepare package, or in regard to truck load shipments, load, secure, placard or otherwise properly prepare the shipment for transportation. Such a failure shall include, but is not limited to, the failure to properly package, load, block or brace the freight; failure to property document or placard or describe the freight. Additionally, Customer agrees to indemnify FTL, for any cost, fines or penalties arising out of the transportation of an overweight shipment or container. Though Customer is entitled to seek indemnification from others ultimately responsible, the responsibility of others shall in no way relieve Customer of its duty to indemnify FTL. Additionally, FTL shall be entitled to its reasonable attorney fees and cost including attorney fees and cost for enforcement of these terms.