Terms and Conditions
Applicability
The terms and conditions established herein apply to all Services provided by CARGOSTAR, its related companies, agents and/or representatives. All Services provided by CARGOSTAR to the Customer will be subject to the General Terms and Conditions set forth herein. Company as Agent.
Company Agent
CARGOSTAR acts as the "agent" of the Customer for the purpose of rendering the Services provided for within this agreement. Company does not act as a carrier or agent of a carrier.
Company's Responsibility.
Reasonable care in the Selection of third parties and/or Routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
General Conditions
CARGOSTAR is a transportation management company in North America. We act as intermediaries in all our services, we are not a carrier, and we do not represent the carrier.
Therefore, CARGOSTAR will take no responsibility for damage, loss or delay caused by the carrier or logistic operator, selected and contracted by agreement between the client and the service beneficiary. CARGOSTAR responsibility is limited to rate negotiation functions, logistic coordination, follow up and representing the client against the carrier or any other logistic operators in case of claims for damage, loss or delays.
The offered rates apply if the cargo is well packed and palletized and in proper and optimal stow and conditions for the requested service, otherwise the carrier is free to reject the cargo at the time of pick up. Carrier will not assume responsibility for damage or loss of freight when the freight is not properly packaged. Carrier will reject any claim for damages of any kind of freight if it is not properly packaged.
Freight must be easily loaded and unloaded to the trailer with the use of a forklift, lift gate or similar equipment, if the carrier refuses to pick up the freight because it is not properly packaged, miss trip and some extra charges may apply; the client will assume full responsibility of these charges (By client we mean, the company that hires CARGOSTAR) and they will be send immediately to the client once the carrier inform its existence.
For the LTL, and volume cargo, quotes will be valid as long as the pieces are stackable, unless specified on the quote.
Rates may change if the characteristics of the Freight vary from those stated on the initial quote sent by CARGOSTAR, or obtained by the client online (Weight, dimensions, product description, handling, etc).
The rate can change according to the dimensions of the cargo. For over-dimensional shipments rates may vary depending on the route and approved by the DOT.
The rate does not cover additional insurance from carrier’s liability. If you wish to insure this load for a specific value, please ask CARGOSTAR to provide an additional insurance service, otherwise, since CARGOSTAR does not have direct contact with the cargo, our liability is limited to carrier’s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of the this procedure.
TONU (Truck Order Non-Used) charges: $350,00. Cancellation must be received at least 4 hours before pick up. Applies for same day pick up. For next day pick up, cancellation must be done previous day before 4pm.
Missed Trip charges: $350,00. It will apply if Carrier arrives to Shipper and it gets rejected or pick up is cancelled.
Cargo liability is limited up to $100,000 per load.
When Carrier's pup/set or vehicle is delayed by Consignor/Consignee for loading or unloading on or near the premises of Consignor/Consignee, DETENTION Charges will begin upon expiration of the applicable free time allowed, and will end when the pup/set or vehicle is loaded or unloaded and is available for movement.
CARGOSTAR is not responsible for damages on any used articles/product transported.
CARGOSTAR will not be responsible for any discrepancies not noted on the Delivery Receipt of the Trucking Company.
Layover fees: Due to the new ELD regulations, a layover fee of $250, unless otherwise specified, could be applicable for any orders booked that are 250 miles or longer in distance. A layover fee or drop could also be charged when an overnight stay is required due to extended loading/unloading time. This layover fee can range from $250-$800.
SOLAS Update: Effective July 1st, 2016 SOLAS (Safety of Life at Sea) went effect requiring that VGM (verified gross mass) is submitted for all export containers. If required, CARGOSTAR can arrange to weigh containers. The cost will be $100 to scale light (empty) and $100 to scale heavy (loaded). Any additional costs associated with delays in submitting VGM will be added to your invoice.
CARGOSTAR does not service: Hawaii, Alaska, Canada, Mexico, out of gauge (OOG), tank containers, or liquid bulk transport.
Excluded commodities for drayage: Cash, cigarettes and other tobacco products, computer memory modules and cards, fine art (defined as art valued in excess of $10,000 per piece), flowers, jewelry, laptop and tablet computers, live animals, mobile/smart phones and watches, negotiable papers, pharmaceutical drugs, plants, precious stones and metals, securities, server racks (when containing computers, servers and electronic components) explosives, acids, gasoline, or liquefied petroleum gas.
If the client fails to provide the individual weight for each piece, and provides only the total weight of the freight, the individual freight will be calculated by dividing the total weight between the total number of pieces. This, in order to provide an initial rate, if the client or the shipper later notify a different weight per pieces, even if the total weight remains the same, the rate may vary.
If the cargo is not ready at the time of pick up and extra fee can be charge called “Miss Trip”. This will be additional to the initial fee.
If the shipper ships loose boxes that requires palletizing, driver may reject the freight without further notice. LTL carriers recommend to palletized loose boxes to prevent future damages or shortages.
When the carrier is delayed by shipper or consignee for loading or unloading on or near the premises of shipper or consignee, detention charges shall begin upon expiration of the applicable free time allowed and will end when the vehicle(s) are loaded or unloaded and is available for movement. When the loading or unloading is delayed beyond the free time established by each carrier, an additional charge will apply for each 15 minutes or traction thereof. Free time for loading or unloading shall be determined directly by the carrier. Computation of free time shall begin upon the arrival of the vehicle for loading or unloading. Time shall end upon completion of loading or unloading and receipt by the driver of a signed bill of lading or receipt for delivery. Unless the shipper or consignee stamps or marks the delivery receipt with time of arrival and departure, Carrier’s records shall be used to determine whether free time has expired and any Detention additional charges.
Pickups are subject to carrier availability and route conditions, CARGOSTAR is not responsible for storage fees charged in case of delays presented during the pickup process. If pick up needs to be rescheduled customer must ensure cargo is fully released before driver arrives.
Freight must be easily loaded and unloaded to the trailer with the use of a forklift, lift gate or similar equipment, if the carrier refuses to pick up the freight because it is not properly packaged or shipper does not release the cargo for any reason miss trip and some extra charges may apply; the client will assume full responsibility of these charges (By client we mean, the company that hires CARGOSTAR) and they will be send immediately to the client once the carrier inform its existence. If the cargo is not ready at the time of pick up and extra fee can be charge called “Miss Trip”, the client will assume full responsibility of these charges and will be additional to the initial fee. For legal dispositions, carriers have up to 6 months to send corrections on their bills.
The rate sent is only valid if the shipper and consignee can load/unload the cargo in/out of and enclosed truck. Unless any special service is specified on the quote.
The rate sent is valid for freight going from business to business (with dock). CARGOSTAR does not verify addresses prior to getting a quote, it is the customer’s responsibility to advise CARGOSTAR if there is any special requirement or characteristics of the origin or destination locations that must be considered in order to send a correct rate.
Transit time are estimated, not guaranteed, when requiring a guaranteed delivery or a delivery appointment, the client must specify those special needs before getting the rate, otherwise the given rate will not apply. Also, the client must specify exactly the guaranteed service they require (Guaranteed extra charges will be removed if the delivery deadline is not met, thus the client will have to pay for the standard service).
Delays due to weather, natural disasters or any other external inevitable situation are the exception to the previous note.
Density must be greater than 6 Lbs/Cft.
Rates do not apply for hazmat cargo, unless specified on the quote.
Rates do not include any additional coverage besides the Carriers responsibility. In case of damage, loss, or delay of the freight, CARGOSTAR is responsible to assist the client on the process of filing a claim and following up, however CARGOSTAR is not responsible for the damage, loss or delay caused by the carrier during the given service. All charges must be paid before processing a claim. It is important to consider that the carrier’s liability for used goods, personal effects and household goods is $0.10/lb.
Any shipment in which the freight charges are to be paid by a third party are subject to additional accessorial charges for any additional services rendered which are required to complete the pickup or delivery of the shipment. The third party payor of the freight charges will be responsible for these additional accessorial charges. In addition, prior approval nor a letter of authorization will not be required to assess these additional charges for services rendered or executed.
In case the Shipper uses a BOL different from the one sent by CARGOSTAR`s operations department, the company will automatically be exonerated from any responsibilities and neither the tariff nor the discount will apply.
If the shipper uses a different BOL from the one sent by CARGOSTAR an extra fee will be charge for the change in documents, also Reconsignment and other additional charges may apply, depending on the information contained on the BOL the shipper decided to use.
CARGOSTAR and LTL carriers are responsible exclusively for the domestic service, whatever happens to the freight after delivery, is consignee’s responsibility. bb) It´s consignee’s responsibility to verify goods and claim the short delivery/ damaged delivery after exporting the shipment. It’s consignee responsibility to verify and compare what was received vs. what is to be exported. If the delivery for one or more pieces is completed incorrectly, it will the carrier’s responsibility to recover the misdelivered goods from the facility where they were delivered. If the consignee exports and incorrect shipment or piece by mistake, the carrier will not liable for any return, customs or/and any involved charges.
Pickups or deliveries provided at one of the following types of locations are "Limited Access" extra charges will apply and you must check the limited access accessorial.
Airports or locations on airport property
Casinos
Camps, Carnivals, Fairs
Chautauquas, Churches, Mosques, Synagogues, Temples, Convents
Schools 6. Colleges and Universities
Medical/Urgent care sites
Prisons / other correctional facilities
Construction Sites 10. Individual / Mini Storage Units
Mine Sites or Quarries
Golf Courses, Country Clubs
Nuclear Power Plants
Military Bases/Installations
Parks, Farms, Ranches
Court houses
Day cares
Hotels, Motels, Resorts
Restaurants, Bars, Night Clubs
Cemeteries
Outdoor flea markets
Retirement/Nursing Homes
The following list of Commodities or materials, are classified as Forbidden Goods for Ground transportation for CARGOSTAR, none of our carriers will agree to move them, with a few exceptions noted Below:
Aircraft disk brakes – carbon
Alcoholic Beverages (the rate must be confirmed with the pricing department, since not all truck companies offer this service; in addition, extra charges may be applied).
Articles of extraordinary value
Articles of antiquity
Bank bills
Biological products
Business records-current or archived
Carbon black
Coins
Cigarettes (Only one carrier, must ask for permission to move it)
Etiologic agents / Infectious Substances (Division 6.2)
Explosives, Domestic – (Class 1.1, 1.2, 1.3)
Explosives, Mexico – (All Classes & divisions)
Flammable Solids (Mexico only)
Div 4.2 – Spontaneously Combustible
Div 4.3 – Dangerous When Wet
Fruits, fresh
Garbage
Hazardous waste
Meat, fresh
Milk, fresh
Jewelry, other than costume or novelty
Letters, with or without stamps, unless Consignor/Consignee is United States Postal Service
Liquids, in bulk, requiring special tank truck equipment
Live animals
Medical waste
Moving picture films or other films
Museum exhibits
Nitrocellulose (Except UN3270)
Notes
Original works of art including, but not limited to, sculptures, statuary, carvings, stained/blown glass, jewelry, pictures, or painting
Poisonous Substances:
Poison/Toxic Inhalation Hazard Zone B (in bulk packages)
Poison/Toxic Inhalation Hazard Zone B, C, or D (Mexico only)
Postage stamps
Poultry, live
Precious stones
Radioactive materials (all Class 7)
Revenue or tax stamps
Taxidermy unless released to a value not exceeding $5.00 per pound, per package, or article
Valuable papers of any kind
Vegetables, fresh
Freight requiring refrigeration or protection from heat excluding shipments protected by the Consignor
Universal Waste
White Silica (Only one carrier, must ask for permission to move it)
Corpses
Cream, fresh
Cultures of Etiologic agents
Currency
Deeds
Diagnostic specimens
Drafts
Envelopes or wrappers, government stamped, in shipments weighing 30,000 pounds or more.
Liability, limitation of actions, Disclaimers and limitation of Liability.
CARGOSTAR makes no warranties, express or implied and is not liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Shipper, Consignee, Carrier or any other party who claims interest in the shipment, the nature of the shipment or any defect thereof violation by the Shipper, Consignee or Carrier of any of the terms contained in the Bill of Lading including, but not limited to, improper or insufficient packing, securing, marking or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, or other labor disputes, weather conditions or mechanical delay of aircraft or other equipment, compliance with delivery instructions for the Shipper or Consignee, or acts or omission of any person other than CARGOSTAR employees or agents. Unless otherwise requested and specifically agreed to by CARGOSTAR, CARGOSTAR cannot guarantee delivery by a specific time or date, and shall not be liable for any damage due to delay, missed-pickup, late pickup, miss-delivery or non-delivery. CARGOSTAR reserves the right to route the shipment in whatever manner CARGOSTAR deems appropriate and does not guarantee a specific mode or specific carrier. In those cases when SHIPPER requests and CARGOSTAR agrees to delivery by a specific time or date and delivery for whatever reason is not accomplished by either the time or date requested, then CARGOSTAR shall not be liable for any damage due to delay, missed pickup, late pickup, miss-delivery or non-delivery. IN ANY EVENT, CARGOSTAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT CARGOSTAR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Unless subject to an overriding statute or international convention, any and all claims against CARGOSTAR or the third party selected by the client, for potential or actual loss, must be received by CARGOSTAR, in writing, within sixty (60) days from the date the Goods were delivered; failure to give CARGOSTAR timely notice shall be considered a complete defense to any action taken by Customer. In the event the Goods were not delivered, notice of all claims must be received by CARGOSTAR within nine months from the date of loss.
If your shipment was delivered damaged the carrier will need an appointment for a inspection, do not export the freight until the inspector visits the consignee and the claim
is processed, otherwise claim will be rejected.
The rate does not cover additional insurance from carrier’s liability. If you wish to insure this load for a specific value, please ask CARGOSTAR to provide an additional insurance service, otherwise, since CARGOSTAR does not have direct contact with the cargo, our liability is limited to carrier’s direct liability and we are only responsible of assisting our customers on filing claims to carriers and doing follow up of this procedure.
The Customer agrees that CARGOSTAR shall only be liable for any loss, damage, expense or
delay to the goods resulting from the negligence or other fault of CARGOSTAR directly; such
liability shall be limited to an amount equal to the lesser to the carrier’s own liability.
CARGOSTAR’s responsibility is limited to filing claims with insurer or carrier and following up with the insurer or carrier.
Customer agrees that CARGOSTAR shall, in no event, be liable for consequential, punitive,
statutory or special damages in excess of the monetary limit provided for above.
CARGOSTAR will not be responsible for any discrepancies not noted on the delivery receipt of the Trucking Company.
Limits of liability for depend on the partner carrier chosen and freight class used. It ranges in value from $2.00-$25.00 per lb with a maximum of $100,000 and are available on request.
Volume quotes have a maximum liability of $0.50/Pound.
The carrier`s liability Insurance will only pay $0.10 per pound for used good, moving’s
and house hold goods
Goods being returned to shippers / vendors require previous inspection by the carriers,
otherwise they will be moved with a liability of $0.0 / Lb.
Loss or Damage claim filing – Concealed damage:
When damage to, or loss of, contents of a shipping container is discovered by the consignee that could not have been determined at time of delivery it must be reported by the customer to CARGOSTAR upon discovery.
Reports must include a request for inspection by Carrier’s representative.
Notice of loss or damage and request for inspection must be confirmed by a
written or electronic communication.
While awaiting inspection by Carrier, consignee must hold the shipping
container and its contents in the same condition they were in when damage
was discovered, insofar as it is possible to do so.
Notice of loss or damage should be provided to CARGOSTAR/Carrier within five (5)
Business Days from the date of delivery.
If five (5) Business Days pass between the date of delivery of the shipment by
Carrier and date of report of loss or damage and request for inspection by
consignee, it is incumbent upon consignee to offer reasonable evidence to
Carrier when inspection is made that loss or damage was not incurred by the
consignee after delivery of shipment. Reasonable evidence includes, but is not
limited to: (a) Identifying the party(ies) responsible for unloading (b)
Identifying the chain of custody of the article, including prior transportation by
any mode. (c) Location(s) of the article(s) once the shipment was received
until the damage was noted. (d) Any mechanical or physical handling by the
consignee after delivery by Carrier.
If a clear delivery receipt is available on the shipment, e.g. no damage or
shortage is noted, claimant must provide documentation showing that
damage or loss occurred prior to delivery by Carrier.
UPS Small Package responsibility for loss or damage: UPS´s (courier) liability for loss or
damage to each UPS domestic Package is limited to a value of $100.00. Unless a greater
value is declared prior shipping and the customer requests and approves any additional
coverage and pays an additional charge, customer agrees that the released value for
each domestic Package is no greater than $100.00.
Cargo claims handling & Disposition:
The amount of time a carrier has to acknowledge, investigate, and conclude claim is regulated by the Federal government.
A carrier has 30 days after the date they receive a claim in which to send out their acknowledgement of the claim.
A carrier has 120 days (after the initial 30 days for acknowledgement) to do one of the followings: (a) Pay claim (b) Decline claim (c) Offer a compromise settlement (d) Advise the claim cannot yet be concluded.
Every 60 days the claim remains pending thereafter, the carrier must provide a written or electronic explanation of why the claim remains outstanding.
The Claimant has 2 years and 1 day from the date of the first carrier declination of the claim in which to file suit against the carrier.
If the claim is outstanding/pending on the date marking the 2 years and 1 day from date of the first declination, the claim is considered Time Barred and will be closed with no further action being taken.
Some LTL carriers have no liability for the following items:
Any items of extreme value not immediately able to be determined.
Antiques - collectibles, furniture, glassware, jewelry and memorabilia.
Appliances, major household appliances (including without limitation refrigerators, stoves or ranges, washers, dryers, dishwashers, etc.)
Artwork Original or Limited editions, including but not limited to paintings, drawings, etchings, sculptures, statues, tapestries, watercolors, and artwork that is signed and numbered
Automobile body sections, body parts, bumpers, running boards, trim, etc. as defined and described in NMFC item 18060-18285, and not in wooden crates
Carbon black, (liquid or solid)
Fine porcelain - vases, dishes, figurines.
Fireworks.
Household goods.
Items of freight including packaging over 10’ (including pallets, skids, crates, totes, gaylords, cartons, bundles, coils, reels, or rolls as specified in NMFC item 235 and NMFC item 580); also see Item 670 for applicable charges.
Light bulbs (including but not limited to fluorescent tubes and incandescent bulbs).
Lottery tickets.
Mattresses, with or without box springs.
Made-to-cut, made-to-order or custom items not typically maintained in inventory and with no other practical use or value beyond the immediate intended use (e.g. countertops, window treatments, imprinted clothing, brand specific packaging, etc.).
Metal sheets, goods, flat not in solid wooden crates.
Photocopiers with or without multiple functions, designed as desktop models specifically for personal/home office use, not in original manufacturers’ packaging.
Printer stock, either paper or pulp board sheets, printed or unprinted, packaged other than in solid wooden crates.
Plants, live.
Pottery or earthenware of any type (i.e. nursery supplies, etc.).
Schedule III drugs, substances or chemicals (as defined by the U.S. Drug Enforcement Administration).
Solar panels.
Televisions or computer monitors 24’’ or larger.
US Mail - any postcard, letter, package, with U.S. postage stamps applied.
Vehicular glass (as described in NMFC items 86540 through 86566)