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Legal Terms of Use of our website |
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The following are the Terms and Conditions of
your use of our website: cargoinsurancecenter.com.
Viewing or using this site will confirm your agreement
to all of the terms herein. The following terms govern
the relationship between you, the "Customer", and P.A.F.
We, P.A.F: Pacific Atlantic Freight are a non asset
based freight logistics provider providing domestic and
international freight shipping services through our
partner freight carriers. Our websites:
www.pafshipping.com
&
www.freightshippingcenter.com
provide instant online freight quotes and automated
shipment scheduling. P.A.F is not a freight
shipping carrier and we reserve the right to refuse any
shipment at any time.
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Customer: The term "Customer", as used herein,
shall refer to any person using our services, including
the customer, shipper and consignee.
The General Rules Tariffs:
The term
"General Rules Tariff, as used herein, shall refer to
the terms and conditions of carriage set forth by each
carrier in regards to shipments scheduled with such
carrier, that govern the relationship between the
customer and the carrier.
Service or Services: The term "Service" or
"Services", as used herein, shall refer to any service
provided by P.AF. whether through this website or by
other means.
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By using this site or our services, the Customer agrees
to these terms and conditions as stated herein. The
General Rules Tariffs, set forth by the carriers
provided within P.A.F, will take precedence in all legal
proceedings, and when applicable, will take precedence
over these Terms and Conditions. If an issue is not
addressed in The General Rules Tariff, then these Terms
and Conditions shall control. Additional charges may
apply based on each carrier's General Rules Tarriffs.
In the case of conflict between these Terms and
Conditions and those set forth by the carrier's
General Rules Tariff, the selected carrier's General
Rules Tariff shall control. P.A.F reserves the right to
change or amend these Terms and Conditions at any time.
If P.A.F makes any changes to the Terms and Conditions,
P.A.F will notify the customer by posting an
announcement on this site.
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LTL rates are based on the freight class determined
by the NMFC (National Motor Freight Classification)
and the total weight of the shipment. The customer
agrees to provide P.A.F with the correct freight
class and weight of their shipment so that P.A.F may
provide the customer with accurate rate quotes. The
customer agrees that it is their responsibility to
determine the correct freight class and weight of
their own shipment. P.A.F may assist the customer in
determining their freight class via phone, email or
this website, however it is the customer's
responsibility to make sure this information is
correct by contacting the NMFTA, National Motor
Freight Traffic Association, direct or by other
means.
FTL rates are based on dock door pickup/dock door
delivery and shipper load/consignee unload and are
mileage and state to state based. Additional charges
may apply for tractor detention, trailer detention,
and driver assistance.
Truckload
cancellations require at least a 24 hour notice to
avoid a cancellation fee. In the event P.A.F
contracts with an FTL carrier to pick up a truck
load shipment and the Customer does not tender the
load to the carrier, the customer agrees to pay
P.A.F a $200 (usd) cancellation fee.
Air rates are based on actual weight or dimensional
weight, whichever is greater, as determined by the
carrier. Additional charges may apply for oversized
air freight.
Van Line rates are determined by state to state,
mileage, weight (actual or density) and product
commodity type.
Flatbed rates are determined by equipment type,
state to state, mileage, and weight.
All transit times, for any type of shipment, are
estimates only and do not include the day of pickup,
weekends or holidays. Transit times and Pick up
dates are not guaranteed by P.A.F or the Carrier,
unless it is specifically a guaranteed LTL service
from the carrier.
P.A.F makes no guarantee that the rate quotes are
accurate. Our partner freight carrier's may change
our prices at any time, resulting in a price change
to the customer. The customer agrees that
quotes are not guaranteed to be accurate and are
subject to change at any time.
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The customer warrants to comply with all
applicable laws, rules, and regulations
including but not limited to customs laws,
import and export laws and governmental
regulation of any country to, from, through
or over which the shipment may be carried.
The customer agrees to provide any
information required to comply with such
laws, rules and regulations and attach to
the bill of lading such documents as
necessary.
P.A.F assumes no liability to the Customer
or to any other person for any loss due to
the failure of the Customer to comply with
these regulations.
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If the Customer does not correctly complete all
documents required for scheduling a shipment, the
Customer agrees to allow P.A.F, where permitted by
law, to complete, correct or replace the documents
for them at their expense. P.A.F is not obligated to
do so.
In the event P.A.F completes a substitute form of
Bill of Lading, in order to complete delivery of
shipment, these terms and conditions will still
govern. P.A.F is not liable to the Customer or any
third party for any actions taken on behalf of the
Customer.
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When Customer schedules a shipment through P.A.F and
or the online service, a Bill of lading will be
issued based on the information provided by the
Customer. Customer agrees to only use the Bill of
Lading provided by P.A.F.
Failure to use P.A.F's Bill of Lading will void
their discounted rate quote and result in being
charged the carrier's full rate and or a $35 fee.
The Bill of lading shall be considered,
conclusively, to have been prepared by the customer
regardless of P.A.F's participation in the creation
of such bill of lading.
All Bills of Lading are NON-NEGOTIABLE. Any
unauthorized alteration, unauthorized use of bills
of lading, scheduling shipments to any carrier other
than that designated by P.A.F, or use of a bill of
lading not authorized or issued by P.A.F, shall void
all rate quotes and P.A.F's obligation to make any
payments relating to the shipment.
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All Charges for services are payable in US
dollars and due at the time of ordering/shipment
scheduling. Customer shall provide payment to
P.A.F, for total amount due, by credit card or
electronic funds transfer, before services will
be provided.
P.A.F has the right to adjust the original
quoted amount due, if the original quoted amount
was based upon incorrect information provided by
the customer at the time of the original quote,
including but not limited to incorrect freight
class, weight, dimensions and product
description, or if any additional services by
the carrier were required to perform pick up,
transportation and/or delivery of the customer's
shipment.
Customer agrees to be responsible for all
charges payable on account of their shipment,
including but not limited to any type of
additional services requested by customer, any
services in the carrier's General Rules Tariff
that were used for the customer's shipment,
charge adjustments due to freight
re-classification, re-weigh or re-size and that
such charges will be automatically debited from
customers credit card or bank account.
The Customer agrees to be jointly and severally
liable for all charges payable on account of
their shipment, including but not limited to any
adjustments issued by the carrier after the
shipment, transportation, fuel, or other
accessorial charges, duties, customs
assessments, governmental penalties and fines,
taxes, and P.A.F's attorney fee's and legal
costs allocable to the shipment and or all
disputes related thereto.
In the event the Customer is acting as an agent
or broker on behalf of another client, then
customer agrees that they have full authority to
do so and shall be liable, jointly and
severally, for all charges payable on account of
clients shipment.
Customer agrees that P.A.F shall have a lien on
any shipment for all sums due from Customer. In
the event P.A.F files a claim with a carrier on
behalf of the Customer and receives payment,
P.A.F has a lien on such funds and may apply
these funds to any amount due to P.A.F by the
customer.
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Customer may cancel their booked shipment up to 1
business day prior to their scheduled pick up date.
There is a $25 cancellation fee for all
cancellations. P.A.F will refund the
customer the full amount charged minus the
cancellation fee. If Customer cancels later than 1
day prior to the scheduled pick up, P.A.F will
attempt to cancel with carrier but cannot guarantee
it and customer may be charged for the pick up. If
Customer's scheduled pick up date is a Monday,
Customer must cancel no later than Friday.
P.A.F reserves the right to modify or cancel any
shipment at their discretion. |
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9.
Limitations of Liability
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P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by the
act, default or omission of the the carrier,
the customer, or any other person who has
interest in the shipment.
P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by the
customer violating these terms and
conditions or the terms and conditions in
the bill of lading or of the carrier's
General Rules Tariff, including but not
limited to: improper or insufficient
packaging, securing, addressing or failing
to adhere to any of the rules relating to
shipments that are only permitted under
certain conditions or shipments not
permitted for transportation.
P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by acts
of God, war, terrorism, riots, strikes,
labor disputes, weather conditions,
mechanical delay or defect of aircraft or
other equipment, perils of the air, public
enemies, public authorities, or acts or
omissions of Customs officials. P.A.F is not
liabe for the acts or omissions of any
person other than employees of P.A.F.
P.A.F shall only be liable for loss, damage,
mis-delivery or non-delivery caused by
P.A.F's own gross negligence. Customer
agrees that P.A.F's entire liability, if
any, for any claim(s) whether based on
contract, negligence or otherwise, shall be
limited to the fees that P.A.F has earned
with respect to the affected shipment(s).
In no event, will P.A.F be liable for any
indirect, consequential, exemplary,
incidental, or special damages, Including
but not limited to loss of profits or
income, whether or not P.A.F had knowledge
of the possibility of such damages, arising
from these Terms and Conditions or relating
in whole or in part to Customer's right's
hereunder. Customer shall defend, indemnify
and hold harmless P.A.F, it's employees,
officers and agents against all third party
claims, actions, liabilities, damages,
expenses and costs, including attorney's
fees, arising from any facts or alleged
facts which, if true, would constitute a
violation by customer of these Terms and
Conditions.
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10. Warranties Disclaimer
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P.A.F makes no warranties, express or
implied including, without limitation,
warranties of merchantability or being fit
for a particular purpose, with regard to
shipment deliveries, this website,
information provided on this website or
services transacted on this website.
p.a.f cannot guarantee delivery of any
shipment by a specific date or time. |
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Customer agrees to immediately file any freight claims
in writing directly to the Carrier, no later than 15
days from shipment delivery date or 5 days if concealed
damage, and notify P.A.F of the claim filing. The
selected carrier's governing General Rules Tariff
determines the standard liability cargo insurance
coverage. If the shipment contains freight with a
predetermined exception value, as determined by the
selected carrier, the maximum exception liability will
take precedence over the standard liability coverage.
Customer agrees that the filing of a claim does not
relieve the customer of paying for the freight charges
or entitle them to be refunded. Freight payment is
necessary in order for the carrier to process the
customer's claim. P.A.F will attempt to help in the
resolution of claims filed with the carrier, but has no
obligation to do so and no responsibility or liability
therefore.
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P.A.F offers the customer the option to purchase primary
cargo insurance underwritten 100% by syndicates of
Lloyd's of London. If the customer
does not purchase such cargo insurance, the customer
acknowledges and agrees that they will be limited to the
carrier's standard liability cargo insurance coverage
and that recovery is pursuant to the terms and
conditions of the carrier's General Rules Tariff.
In the event customer does purchase such cargo insurance
through P.A.F, the customer will receive an insurance
certificate for the declared value amount. The insurance
coverage will be issued by syndicates of Lloyd's of
London and is bound by the terms and conditions of the
insurance certificate. If Customer purchases cargo
insurance from P.A.F, customer agrees to the terms and
conditions of cargo insurance
(click
here to view)
which are included in these terms and conditions herein
by this reference.
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P.A.F and the customer agree that these terms and
conditions shall be governed by the procedural laws of
the State of California. In the event of any
claim, dispute or litigation relating to these Terms and
Conditions, the Customer agrees to file in the district
court of Ventura County, California, or in the United
States District court for Los Angeles city and consents
to the jurisdiction of the courts of the State of
California, and California law. |
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14. Copyright and Trademarks
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Our site: cargoinsurancecenter.com &
pafinsurance.com are protected by copyright,
and other trademark laws and may not be copied or
imitated in any way. Nothing from this website may
be copied or retransmitted without written
authorization from P.A.F, in each instance. This
includes website design, layout, graphics, images,
content, text, menus and any portion of this site.
Any unauthorized use of P.A.F, Pacific Atlantic
Freight, it’s name, domain names, logos, or any
other information regarding P.A.F is expressly
prohibited.
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15. Links to Third Party Websites
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As a convenience to the customer, our site contains
links to third-party websites. As Linked sites are not
under the control of P.A.F, P.A.F is not responsible for
the contents or information contained in any linked site
or any link contained in a linked site.
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P.A.F's privacy policy (click
here to view) is included in these terms and
conditions herein by this reference.
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We, P.A.F,
will do our best to provide the customer with the lowest
prices for domestic LTL freight shipping services,
however we make no guarantee that we have the lowest
prices on the web or compared to any other company or
website online.
The prices/quotes provided within the P.A.F website are
not guaranteed to be accurate. P.A.F takes no
responsibility for these prices as they are provided
from P.A.F's partner carrier's and therefore are subject
to change at any time.
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