Terms & Conditions
Terms & Conditions
FreighRun.com (FREIGHT RUN LLC) rationalizes the price discovery aspect and mechanics of shipping freight from point to point in North America. The website automates these processes and the client or his representative, agent or employee chooses their best option for shipping their particular goods based on their own judgment and evaluation of the various options presented by FreightRun.com.
The Client/user (you) of FreightRun.com understands that FreightRun.com is not the Carrier, nor an agent of the Carrier, and the charges, liabilities and risks associated with shipping are borne mutually by the Client and the Carrier. Ultimately the freight charges which are charged on a load are based upon the Carrier’s tariff, and all disputes must be resolved by the Client directly with the Carrier, and in all such disputes, the Carrier’s tariff is the governing authority and contract.
If Carrier revises the charges on a particular shipment due to the Client shipping a different class or weight or density than was quoted, or for any other reason, and there are many, it is the obligation of the Client to know the Carrier’s tariff and such matters and issues in it, and the Client agrees to first pay all such revised charges in full to FreightRun.com. After paying FreightRun.com, the Client may dispute the charges by filing an OverCharge Claim with the Carrier; also see Carrier’s tariff for other remedies available. Client indemnifies FreightRun.com legally and financially from all such disputes.
Client agrees that if it is to bring legal action it must be against the Carrier of the shipment since it has indemnified Freight Run LLC. fully against any and all possible actions.
If Carrier revises the charges on a shipment due to extra services or costs being provided in order to make the delivery, the Carrier’s tariff rules and the Client must pay all revised charges in full. The Client waives all rights to dispute said payment with FreightRun.com; Client’s only redress is with the Carrier.
The Client/user of FreightRun.com fully indemnifies and holds harmless FreightRun.com, its employees, and related companies of all liability associated with any shipments it moves through its website or directly with the Company. The Client cannot hold FreightRun.com responsible for negligence of the Carrier, the shipper, the receiver, or the Client’s own negligence. The Client or his contracted shipper alone is responsible for ensuring the proper and extremely rigorous packing of his freight to avoid damage to it and other freight, and all such damage, loss or casualty claims the Client must lodge with the Carrier directly, who is possibly responsible, to the extent determined by his tariff, to pay or not pay such claim, in part or in whole.
The Client/user of FreightRun.com cannot hold FreightRun.com responsible for the bankruptcy of a Carrier or a Carrier’s insurance company or the Carrier’s rejection or non processing of its Claim on a shipment. Client cannot hold FreighRun.com responsible for freight damage or loss or direct or indirect liabilities arising out of the shipping. Client must file any and all rate, damage, loss, casualty, overcharge, mischarge, or other type of claims directly with Carrier, and Client must dispute any/all claims directly with the Carrier, and the result of any such claim’s outcomes can never be a deduction from monies owed to FreightRun.com – FreightRun.com is not liable and Client may seek legal judgments or redress ONLY by suing the Carrier directly. Client explicitly waives all claims against FreightRun.com and agrees all claims will be pursued only against the Carrier directly.
Client also agrees to pay FreightRun.com for all outstanding charges, and waives right to dispute charges with credit card companies or banks, that FreightRun.com must pass on from the Carrier in the cases of revised charges due to weight, class, extra services, and other reasons for revised charges. Client must pay the charges and then file an overcharge claim or dispute with the Carrier who moved the freight. Again, FreightRun is just a conduit for the Client to various Carriers; the Client assumes all and every risk associated with the shipment and holds FreightRun harmless from any and all disputes over service, price, shipping and shipping charges associated with any and all shipments that run through FreightRun.com. All freight charges must be paid to FreightRun.com before any claim can be made. A claim on a shipment does not in any way relieve Client of responsibility to pay for the shipment within terms. Any non-paying Client forfeits the Less Than Truckload discount of 50% to 80%, and the Client may have to pay the charges which can be a multiple of the quoted charge. At the very least, the Client will owe an additional 2.5% per month, or the maximum legal amount, for any unpaid charges. FreightRun.com has the right to charge the credit card of the Client for these charges or draft Client’s bank account via ACH for these outstanding charges and balance brought forward. Client has the obligation to pay FreightRun.com and the option of disputing or filing a claim with the Carrier to attempt to obtain redress; again, FreightRun.com is not liable. In any and all cases, if a Court throws out any of above “hold harmless clauses”, Client agrees that FreightRun’s Liability is limited to the lower of its gross profit on the shipment or $50 per shipment and/or $250 for all shipments with Claims from any one Client.
FreightRun.com shall have a general lien on any and all property (and documents relating thereto) to the Client, in its possession, custody or control or en route for all claims charges, expenses, or advances incurred by FreightRun.com in connection with any shipments for the Client, and if any claim remains unsatisfied for ten (10) days after demand for its payment is made, FreightRun.com may sell at public auction or private sale, upon notice to the Client, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of amount due to FreightRun.com. Any surplus from such sale shall be transmitted to the Client, and the Client shall be liable for any deficiency in the sale.
IN CASE OF A PAYMENT DISPUTE, YOU HEREBY AUTHORIZE FREIGHT RUN LLC AND/OR ITS AGENTS OR SUBSIDIARIES OR PARTNERS AT ITS OPTION TO ISSUE A LETTER OF AUTHORITY ON YOUR BEHALF AUTHORIZING THE CARRIER TO CHARGE YOU, YOUR SHIPPER AND OR YOUR RECEIVER FOR THE SHIPMENT UNDER DISCUSSION AND ALL PREVIOUS UNPAID OUTSTANDING SHIPMENT INVOICES (OVERDUE OR NOT) AT WHATEVER TARIFF AND CHARGE LEVEL THEY HAVE IN EFFECT FOR YOUR ACCOUNT OR THEIR DEFAULT RATE IF YOU/THEY HAVE NO ESTABLISHED ACCOUNT WITH THE CARRIER. YOU ASSUME ALL FINANCIAL RISKS AND COSTS OF SUCH A CHANGE IN BILLING. YOU ARE SPECIFICALLY AUTHORIZING FREIGHT RUN LLC TO ISSUE AND SIGN LOA'S ON YOUR BEHALF IF THEY DEEM IT NECESSARY AND YOU WAIVE YOUR RIGHT TO CHANGE THAT LOA AFTER FREIGHT RUN LLC AND/OR ITS AGENTS OR SUBSIDIARIES OR PARTNERS HAS TAKEN THIS ACTION.
Credit Card Payment:
If Client is paying using a credit card, the charges will appear on the credit card from "Freight Run, LLC". Upon booking a shipment on FreightRun, FreightRun only authorize the Client card to insure the validity of the card and the existence of the balance on the card. Once the shipment is picked-up by the carrier, the authorization on the Client's credit card shall be posted (i.e. the Client's credit card will be charged).
When booking, the credit card authorization amount shall be equal to the Estimated Quote + 25% a security deposit (refundable) for any additional charges that may arise as a result of shipment re-weight, product reclassification by carrier, and/or additional services that the carrier had to provide to complete the shipment. As Client builds business history with FreightRun, such security deposits may be reduced/waived.Client may also apply for Account with Credit Terms and once approved, FreightRun will invoice Client instead of Client pre-paying.
When booking, if client selects a class lower than the calculated Density Based Class, there shall be an extra security deposit (refundable) $200 authorized on Client's card. Once the shipment information Client provided is verified by the carrier, this security deposit will be cleared. If the Class selected by Client is a Commodity/NMFC based Class, and Client would like this extra security deposit disabled, contact us to verify the class. Upon verification, FreightRun shall adjust Client's account settings to disable this extra security deposit.
Credit Card Refund Policy:
FreightRun shall void an authorized transaction as long as the carrier did not pickup the shipment. Once the carrier picks-up the shipment, the transaction may not be voided.
Carrier Exclusiveness Requirements:
Client hereby declares that Client does not have an active account with the Carriers for which Client will book freight with FreightRun.Com. Further, Client holds FreightRun harmless and will indemnify FreightRun from misunderstandings, acts, damages, liability and litigation arising from using FreightRun to book with Carriers with whom Client has direct accounts.
Storage Fees and Abandoned Goods:
If the Receiver of the shipment, specified by the Client/user of FreightRun.com, refuses the shipment for any reason, the Client/user is responsible for paying the re-consignment fee to return back this shipment to the original location prior the delivery. Failure to pay the re-consignment fee shall result in the carrier and/or FreightRun.com holding the shipment in a storage facility. The storage facility cost is $50/day per 48”x 48” space taken. After 30 days, if the Client/user has not remitted payment for the re-consignment fee + the storage fees, the goods of the shipment shall be considered Abandoned Goods and the goods will be liquidated. If the proceeds from selling the Abandoned Goods do not cover the amount due by the Client/user after storage and reconsignment charges, FreightRun.com shall retain full legal rights to collect the amount due from Client/user.
Additional Terms & Clarifications:
- FreightRun will dispatch your shipment request with the carrier ASAP (most of the time this is done electronically and automatically). Once Client's shipment status changes from "Pending" to "Dispatched", this means the carrier has it in its system for pickup. Failure to pickup a "Dispatched" shipment is the carrier responsibility. FreightRun will follow up with the carrier to insure proper pickup or a reschedule pickup after communicating with the Client.
- Transit time is estimated only, does not include day of pickup, and pickup date is not guaranteed unless you bought Guaranteed service, and it is specified on the Bill of Lading (BOL) document generated by FreightRun.
- Client is responsible for any additional charges applied by the carrier as a result of shipment re-weight (i.e. weight you specified is incorrect), product re-classification (i.e. Client provided inaccurate class), and/or additional services that the carrier had to provide to complete the shipment. If such additional charges occur, Client will be provided with backup documentation by the carrier (such as re-weight certification). For a complete list, go to carrier's tariff. The Client's credit card will be charged accordingly or the Client will be invoiced separately (based on which Account the client has with FreightRun) and such invoice shall be due upon receipt. The amount to be charged shall be the fee imposed by the carrier plus a FreightRun service charge. FreightRun can dispute any additional charges with the carrier on the Client's behalf as long as the Client provides backup documentation.
- Client must make sure that the dimensions entered are the final dimensions after packaging.
- FreightRun's calculated Class is per tariff of Carrier which is usually National Motor Freight Classification number, which is based on density, value, ease of handling characteristics of freight, and susceptibility of freight to theft and/or damage. Client is responsible for the accuracy of the Class selected during booking, thus he is responsible for accuracy of NMFC number and density. Client indemnifies FreightRun, the company and its employees, who may try to help the Client come to a determination of such Class, NMFC number and density. In the end, full responsibility for everything on the BOL, including product description, NMFC# and Class is the Client’s responsibility.
- DRYRUN Fee: Carriers have started charging up to $250 for FTL shipments or $150 for LTL shipments not ready when dispatched. Client must be be sure the order is ready for pickup to avoid such fees.
- Re-consignment fee: Once the Client's shipment is dispatched with the carrier, any change to the pickup or destination address will cause the carrier to apply a re-consignment fee, which varies based on the carrier's tariff (usually between $45 to up to $250). These are industry standard rules (similar to the fee paid when changing an airline ticket). Again, such potential re-consignment fee is due to carrier's specific tariff rules, and not caused by FreightRun. However they will be passed on, plus a FreightRun Fee of up to $25 to Client.
- Based on the terms of carriage as outlined in Bills of Lading and Carrier Tariffs, and also established transportation case law/common law rulings, Carriers have up to 180 days to send revised invoices for any additional fees. Client, not FreightRun, is responsible for such fees or late revised invoice charges.
Online Conduct, Cheating, Identity Theft, Fraud or Illegal Behavior:
- Client agrees that Client will be personally responsible for any use of Client's Account and for all of the communication and activity on FreightRun or with FreightRun that results from such usage, and that FreightRun is not responsible for the use made of Client's Account, and of all communications and activities on FreightRun resulting from the use of Client's Account. If Client believes that the confidentiality of their login and/or password may have been compromised, Client must notify FreightRun immediately without any delay.
Client agrees that this Agreement is to be construed by the Laws of the State of Connecticut, and all disputes, except as stated below, must be disputed in Courts of the State of Connecticut. Client agrees to make himself fully available to such Courts and to personally show up for all Court appearances. This commitment is irrevocable.
DISPUTE RESOLUTION/CLASS ACTION WAIVER:
Most user concerns can be resolved by good communication with our Support staff. If FreightRun is unable to resolve your concerns and a dispute remains between you and FreightRun, this Section explains how the parties have agreed to resolve it.
Client and Freight Run LLC agree to make reasonable, good faith efforts to informally resolve any dispute before initiating legal action. Written notice of legal action against Freight Run LLC must be sent via postal mail to: ATTN: Legal Dept., Freight Run LLC, POB 250, Brookfield, CT 06804 and also via email to our Support Inbox.
Again, If Carrier revises the charges on a particular shipment due to the Client shipping a different class or weight or density than was quoted, or for any other reason, and there are many, it is the obligation of the Client to know the Carrier’s tariff and such matters and related issues. Further, the Client agrees to first pay all such revised charges in full to FreightRun.com. After paying FreightRun.com, the Client may dispute the charges by filing an OverCharge Claim with the Carrier; also see Carrier’s tariff for other remedies available. Client indemnifies FreightRun.com legally and financially from all such disputes.
If Carrier revises the charges on a shipment due to extra services or costs being provided in order to make the delivery, the Carrier’s tariff rules if a common carrier as always and the Client must pay all revised charges in full. If the Carrier is a contract carrier, and charges more for extra services provided, the Client (YOU) are obligated to pay FrieghtRun.com first and Client waives all rights to dispute said payment with FreightRun.com; however, Client may file an overcharge claim or dispute with the Carrier afterward or seek direct legal action against the Carrier afterwards.
CLASS ACTION WAIVER: Client AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION be it through the court or arbitrators against Freight Run LLC. A judge is restricted to award relief only in favor of the INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. Client also agrees not to seek to combine any action with any other action without the consent in writing of Freight Run LLC.
If the agreement in this Section not to bring or participate in a class or representative action should be found illegal or unenforceable, you and Freight Run LLC agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court in CT, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.