TRANSWORTHY, LLC (hereinafter referred to as "COMPANY") is a website that provides a fee and performance comparison of freight carriers and shipping companies.
CUSTOMER agrees to the following TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to all shipments scheduled by CUSTOMER, unless and until these TERMS AND CONDITIONS are altered or amended by the COMPANY. CUSTOMER also agrees to these TERMS AND CONDITIONS on behalf of any third party with an interest in the freight. The COMPANY reserves the right, in its sole discretion, to refuse any shipment at any time.
TERMS AND CONDITIONS
1. Payment. 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. 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 (30) 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 (30) business days, the disputed item shall be deemed invalid as time barred.
2. Limitation of Liability. To the extent permitted by law, in no event shall COMPANY, its affiliates or licensors or any third parties mentioned at the COMPANY website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the COMPANY website or COMPANY systems, services, content or information, whether based on warranty, contract, tort, or any other legal theory, and whether or not COMPANY is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, CUSTOMER agrees that in no event shall COMPANY'S total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed $100.00. To the extent permitted by law, the remedies stated for CUSTOMER in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
3. Controlling Jurisdiction. 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, CUSTOMER and/or Consignee and/or Brokers for any enrolled CUSTOMER, CUSTOMER and/or Consignee, shall be filed in the Superior Court of the State of California (Los Angeles) or the Central District of the United States District Court for California, and shall be subject to California law. CUSTOMER hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.
4. Rates. Air Freight rates are based on the greater of actual or dimensional weight. If an air freight shipment contains oversized freight, additional charges and transit days may apply.
5. Miscellaneous. Except if packing is performed by Carrier, CUSTOMER warrants the cargo is packed to withstand the ordinary rigors of the contemplated carriage. In tendering the cargo to Carrier, CUSTOMER warrants the cargo and all parties having any interest in the cargo are fully compliant with all rules and regulations of this contract as well as government regulations applicable for the contemplated carriage. CUSTOMER is responsible for sufficiency and accuracy of accompanying documents. Without any obligation, Carrier shall have the unrestricted liberty to inspect the packaging and contents of the cargo for any purpose and to inquire and verify the accuracy or sufficiency of information provided and to seek assurances. Discrepancies may result in shipment delay, cancellation and/or additional charges assessed by Carrier. Carrier may disclose and report, whether mandatorily or voluntarily, regulatory noncompliance to authorities; such authorities may assess penalties or exercise forfeiture.
6. Shipment Insurance. COMPANY will insure all shipment and packages up to $100.00 of the actual cash value with respect to loss of or physical damage to the shipment. If CUSTOMER regards these limits as insufficient or if CUSTOMER requires greater protection, then it is the responsibility of CUSTOMER to secure additional insurance for shipment. In the event CUSTOMER fails to or declines to secure additional insurance at its own cost, CUSTOMER assumes all risks of loss or damage incurred above or beyond $100.00. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
7. Notice of Claim. CUSTOMER must submit a claim for loss and/or damage to COMPANY, in writing, within thirty (30) calendar days from the date the loss and/or damage is discovered, or reasonably should have been discovered by CUSTOMER. Failure to submit a claim to COMPANY within the thirty (30) day period shall constitute a waiver of any such claim and/or potential coverage for any such loss and/or damage.
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