Terms & Conditions
PLEASE READ FREIGHTRUN’S TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING FREIGHTRUN.COM (THE "WEBSITE"). THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND THE PROVISION OF SERVICES BY FREIGHTRUN TO YOU OR ON YOUR BEHALF. FREIGHTRUN’S SERVICES AND THE WEBSITE ARE AVAILABLE FOR YOUR USE AND BENEFIT ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE NOR CONTACT FREIGHTRUN FOR THE PROVISION OF SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
Overview
FreightRun.com (“FreightRun”) 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/her/its representative, agent or employee chooses the best option for shipping their particular goods based on their own judgment and evaluation of the various options offered by FreightRun.com.
Please read these Terms and Conditions carefully as they are an agreement between you and FreightRun that contain importation provisions governing the terms of service, rights, responsibilities, obligations, roles and our relationship.
Freight Charges
FreightRun’s client/user (“you” or “Client”) acknowledges and agrees that freight charges are subject to change regardless of whether the Client received and initially agreed to a cost, quote or fee estimate. Increases in freight charges are often due to the terms contained in a motor carrier’s (“Carrier”) Tariff or Circular, the Carrier’s reclassification of freight, a noted difference in freight dimensions from what was initially communicated, additional services needed or requested, or even a simple administrative error by the Carrier.
If a Carrier revises the charges on a particular shipment for any reason including, without limitation, because the Client needs to ship a different class of freight, weight, dimension or density than what the Client initially communicated, conveyed or believed, then the Client is obligated to pay FreightRun all such additional freight charges in advance of the shipment being loaded or promptly upon FreightRun’s request and, further, Client waives any right to dispute charges made by FreightRun with Client’s bank or credit card issuer. Under applicable law and per typical Carrier Tariff terms, a Carrier has a right to assert an undercharge (e.g., ask for additional money) on any shipment within 180 days of the shipment date or delivery date. This time period may be extended or abridged in the Tariff and Client is solely responsible for paying any and all undercharges.
Client must first pay all outstanding charges to FreightRun as a precondition before disputing a charge or making a freight claim, as claims and disputes do not alleviate Client’s responsibility to pay FreightRun. Any payment disputes or claims must be resolved between the Client and the Carrier. As a value-added service, FreightRun may assist Client in the dispute resolution process with a Carrier provided that the Client provides supporting documentation and such other items reasonably requested by FreightRun.
Whenever a Client fails to fully and timely pay a FreightRun invoice, the Client automatically forfeits the Less Than Truckload discount (e.g., 50% to 80%) Client received which will result in an increased invoice balance. In addition to all of FreightRun’s other available rights and remedies, Client’s late payment to FreightRun will result in an additional recurring monthly administrative fee of 2.5% of the total outstanding balance. Client hereby authorizes FreightRun to charge Client’s credit card or draft Client’s bank account via ACH for any and all fees, costs, charges and penalties that FreightRun invoices. At FreightRun’s discretion, Clients payments may be applied to the oldest outstanding invoice.
Shipments & Measurements
When inputting package dimensions, Client must ensure that the dimensions for their shipment are the final dimensions after taking into account packaging.
FreightRun's calculated freight Class for your shipment is a function the data you provide and is determined, in part, based on each Carrier’s tariff, National Motor Freight Classification (“NMFC”) numbers, density, value, ease of handling characteristics of the freight, and susceptibility of freight to theft or damage. Client is solely responsible for the accuracy of the Class, the accuracy of NMFC number selected, and the freight’s dimensions and density.
FreightRun will coordinate your shipment request with the Carrier as soon as possible (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 the shipment entered in its system for pick-up. It is the Carrier’s sole responsibility to pick-up a shipment. If, for any reason, the Carrier fails to pick-up a “Dispatched” shipment, FreightRun will follow up with the Carrier to ensure proper pick-up or reschedule pick-up after communicating with the Client.
Any transit time provided to you is an estimate subject to change as transit time may vary given inclement weather, traffic, accidents, rerouting, construction delays, mechanical breakdown etc. Transit time estimates do not include the pick-up date, and the pick-up date is not guaranteed unless you purchased Guaranteed Service and the guaranteed pick-up date is specified on the Bill of Lading (“BOL”). A Carrier may issue a BOL or, in the alternate, FreightRun may issue a BOL for convenience purposes only.
The Carrier will impose a re-consignment fee if you change your pick-up or destination address after your shipment is dispatched to the Carrier. The re-consignment fee varies based on the Carrier’s Tariff and may cost anywhere between $45-$250, depending on the Carrier, and FreightRun charges an additional small fee of up to $25 for coordinating the re-consignment.
Freight Damage or Loss
Client understands that FreightRun is not the Carrier performing transportation services nor is FreightRun any Carrier’s agent or representative. FreightRun is an intermediary (e.g., a freight broker) that arranges for transportation and related services. Accordingly, the costs, fees, expenses, liabilities and risks associated with shipping over-the-road freight are borne mutually and exclusively by the Client and the Carrier, and not by FreightRun. In the event of freight loss, damage or theft, responsibility and liability will be determined by applicable law and the limits and exclusions often contained in the Carrier’s Tariff or Circulars. You are solely responsible for filing a cargo liability claim with the Carrier’s insurer or any other applicable insurer. The Client acknowledges and agrees that safely and properly packing and securing freight is Client’s responsibility
Indemnification
You, the Client, agree to fully exonerate, indemnify, defend and save harmless FreightRun, FreightRun’s affiliates and related entities, and their respective owners, managers, directors, officers, employees, representatives and agents (collectively, the “Indemnified Parties”) from and against all damages, losses, costs, claims, injunctive relief, fines, penalties, settlements, charges and expenses (including reasonable attorneys’ fees, expenses, disbursements, court costs and all other costs and expenses of investigation, discovery and litigation), and all other expenses relating to or arising from all claims of every nature or character (including, without limitation, claims for personal injury, death and damage to property) arising out of or in connection with (1) the loading, handling, transportation, storage, unloading or delivery of any shipment that FreightRun arranges at your request or on your behalf, (2) any freight loss, damage or theft, (3) breach of these Terms and Conditions, the Account Activation Form, or any other agreement or document you sign in connection with FreightRun’s services, (4) any dispute, claim or suit that you, the consignor or consignee has or may have with any Carrier, transportation service provider or other third party involved in the shipment of freight or performance of related services, (5) freight charges, revised freight charges, fees and costs owed for any shipments of freight, (6) any act, omission or negligence by a Carrier, transportation service provider or other third party involved in the shipment of freight or performance of related services, (7) any Carrier bankruptcy or insolvency, (8) Client’s violation of applicable law, and (9) any Carrier accident. The foregoing indemnity shall remain operative and in full force and effect for the maximum duration permitted by applicable law.
In consideration of, among other things, FreightRun’s services on the Client’s behalf, the Client hereby expressly, knowingly and voluntarily forever waives any and all rights, claims, suits or causes of action (collectively, “Claims”) the Client now has or may have, of whatsoever nature and kind, whether known or unknown against the Indemnified Parties for (i) any services provided by FreightRun, or (ii) any aspects of the dealings or relationships between the Client, on the one hand, and an Indemnified Party on the other hand. Client agrees that all Claims that Client wishes to assert must be brought against the Carrier and/or other transportation service providers involved in the shipment of freight and performance of related services, and not FreightRun. In the event of a dispute between Client, on the one hand, and FreightRun, on the other hand, Client agrees that FreightRun’s cumulative aggregate liability to Client shall be limited to the amount of fees paid by Client to FreightRun. The foregoing waiver and limit shall remain operative and in full force and effect for the maximum duration permitted by applicable law.
General Lien
FreightRun shall have a general and continuing lien on any and all property (and documents relating thereto) of Client in FreightRun’s possession, custody or control or in transit, or coming into FreightRun’s actual or constructive possession or control for all money owed to FreightRun with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both, including claims for charges, expenses, fees, costs, attorneys’ fees, penalties and advances incurred by FreightRun in connection with any of Client’s shipments.
FreightRun shall provide Client with written notice of its intent to exercise the lien (“Notice”). Unless FreightRun receives the total amount of money it is due from Client within 30 days of the Notice date, FreightRun shall have the right to sell such shipment at public auction or private sale, and apply the net proceeds of such sale to the payment of amount due to FreightRun. Any surplus from the sale shall be refunded to the Client; provided, however, that the Client shall be liable for any deficiency arising from the sale.
Credit Card Payment & Refund Policy
If Client is paying using a credit card, the charges will appear on the credit card as billed from “Freight Run, LLC.” Upon booking a shipment on FreightRun.com, FreightRun shall verify and authorize the Client’s card to ensure the validity of the card and the existence of the balance on the card. Once the Carrier pick-ups a shipment, the authorization on the Client’s credit card shall be posted (e.g., the Client’s credit card will be charged).
When booking a shipment, the credit card authorization amount shall be equal to the Estimated Quote. FreightRun will bill Client for any additional charges that may arise, and Client authorizes all such additional charges. As Client builds business history with FreightRun, authorizations and security deposits may be reduced or waived. Client may also apply for Account with Credit Terms and, once approved, FreightRun will invoice Client instead of Client pre-paying for shipments.
When booking, if Client selects a class lower than the calculated Density Based Class, there shall be an additional refundable $200 security deposit authorized on Client’s card. Once the Carrier verifies the shipment information Client provides, 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 (e.g., withheld from authorization), Client must first contact FreightRun to verify the Class. Upon verification, FreightRun shall adjust Client’s account settings to disable this extra security deposit.
FreightRun shall void an authorized transaction as long as the Carrier did not pick-up the shipment and there is no TONU (truck ordered not used) charge. Once the Carrier picks-up the shipment, the transaction may not be voided.
Detention charges
- LTL common carriers ONLY allow 15-30 minutes for loading and unloading. Anytime used after will incur detention charges.
- Contract drivers (Truckload): Drivers will provide 2 free hours to load and unload. Detention charge will apply after the 2 free hours.
Rejection, Storage Fees and Abandoned Goods
If the receiver of the shipment specified by the Client, refuses or rejects the shipment for any reason, the Client is responsible for paying the re-consignment fee to return the shipment back to the original location prior to the attempted delivery. Failure to pay the re-consignment fee upon demand shall result in the Carrier and/or FreightRun holding the shipment in a storage facility. The storage facility cost is $50 per day per 48”x 48” space taken, which cost may be increased from time to time and without notice. After 30 days of storage, if the Client/user has not remitted payment for the re-consignment fee, the storage fees and all other amounts due to FreightRun, then in addition to FreightRun’s right to foreclose on its general lien, FreightRun shall be considered a warehouseman and may deem the goods to be “Abandoned Goods” and FreightRun may sell the goods at private sale or public auction without notice to the Client or any third party. Client shall remain liable for any deficiency after the Abandoned Goods Sale has taken place.
Miscellaneous
- If any portion of the Terms and Conditions are declared to be invalid or usurious by the final, unappealable order of any court of competent jurisdiction, such portion will be deemed automatically adjusted, if possible, to conform to the requirements for validity, but if such adjustment is not possible, it will be deemed deleted from the Terms and Conditions as though it had never been included herein. In either case, the remainder of these Terms and Conditions will remain in full force and effect and the Terms and Conditions must be liberally construed or reformed in order to effectuate the intent of the invalid or unenforceable portion.
- In case of any conflict of terms between those contained in these Terms and Conditions and those contained in the Account Activation Form or any BOL, the terms contained these Terms and Conditions shall prevail.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. The parties hereto agree that any legal action or proceeding arising from or related to these Terms and Conditions shall be brought in the state and federal courts located in Miami, Florida.
- FreightRun has the right to rely on the fact that any input, communication, or decision made on or using Client’s FreightRun.com Account is made by Client’s duly authorized employee or agent. Accordingly, Client agrees that Client is solely responsible for any and all use of Client’s FreightRun.com Account and for all of the communication and activity on FreightRun.com or with FreightRun that results from such usage. Client further agrees that FreightRun is not responsible for any usage of Client’s Account or any decisions or inputs made from Client’s account, and of all communications and activities on FreightRun.com resulting from the use of Client’s Account. If Client believes that the confidentiality of their login or password may have been compromised, Client must notify FreightRun immediately by email and by telephone.
- Client covenants to comply with all applicable laws with respect to their shipment of freight and never to send freight that is illegal (e.g., prohibited narcotics) using FreightRun.com.
DISPUTE RESOLUTION
- Most Client concerns can be resolved by communication with our Support staff. If FreightRun is unable to resolve your concerns and a dispute remains between you and FreightRun, then Client must then comply with the following dispute resolution mechanism:
- Client and Freight Run agree to make reasonable, good faith efforts to informally resolve any dispute for 45 days from the date FreightRun receives Client’s complaint.
- If, after 45 days, the parties are unable to resolve their dispute in a mutually satisfactory fashion and, if Client is permitted under these Terms & Conditions to file suit against FreightRun, then Client must first notify Freight Run in writing regarding the basis of any threatened legal action by mailing a detailed, certified letter to Freight Run LLC, Attn: Legal Department, P.O. Box 250, Brookfield, CT 06804 and also send an email to our Support Inbox. Client may then select its own dispute resolution mechanism after 10 days have elapsed from FreightRun’s receipt of Client’s certified notice letter.
