TERMS & CONDITIONS
EPES Logistics Services, Inc.
Terms and Conditions
EPES Logistics Services, Inc. (“ELS”) is a transportation broker engaged in the business of arranging for the movement of our Customer’s (“Customer”) freight via independent third party trucking companies (“assigned motor carrier”). In connection with this function, the following terms and conditions apply to all shipments tendered to ELS for brokerage services (unless the terms of an executed customer contract contradict these guidelines, in which case the terms of said contract take precedence over any conflicting language outlined herein). By requesting quotations for services or by tendering freight to ELS for transportation via assigned motor carrier, Customer accepts and agrees to the following terms and conditions.
Since ELS is a transportation broker, Customer agrees that any inclusion of ELS’s name on the bill of lading as carrier shall be for the convenience of Customer only and shall not change ELS’s status as a property broker or assigned motor carrier’s status as a motor carrier.
- LTL rates quoted are an estimate based on the shipment information provided by the Customer (or their designated shipper). Actual rates may differ from quoted rates if the information provided (such as ship date, weights, commodities, piece count, freight classes, special handling requirements, etc.) proves to be inaccurate based on services performed or weighing and inspection of the product. Customer is responsible for paying the actual rates as shown on the invoice from ELS.
- Each LTL quote given automatically comes with insurance liability coverage based on the guidelines outlined in the assigned motor carrier’s general rules tariff. It is the Customer's responsibility to research or inquire about the amount of insurance coverage provided by the assigned motor carrier. Should a cargo value be declared on the bill of lading, the assigned motor carrier will be liable for the lesser of the carrier's general rules tariff guidelines or the bill of lading's declared value. If Customer desires higher cargo insurance coverage than provided by the carrier, it is Customer's responsibility to notify ELS in which case ELS shall communicate alternative insurance options for the Customer to consider.
- LTL transit times are estimated and not guaranteed unless otherwise noted in writing on the quote. Therefore, ELS shall not be liable for delay or any other failure to meet an agreed upon delivery deadline without written documentation evidencing such agreement prior to acceptance of the shipment and then also subject to any event, circumstance or act of public authorities (“Force Majeure Event”) that is beyond the control of ELS.
- Spot quotes are based on current information and are therefore good for a limited time only. As the market fluctuates daily, this spot quote will need to be verified/updated if the quote is not activated and tendered on the day the rate is given. Additionally, accessorial charges and other adjustments (such as detention, layover, driver unload, truck ordered not used, custom fees, etc.) may increase the quoted rates based on services performed. Customer is responsible for paying the actual rates as shown on the invoice from ELS.
- Truckload transit times are estimated and not guaranteed unless otherwise noted in writing on the quote. Therefore, ELS shall not be liable for delay or any other failure to meet an agreed upon delivery deadline without written documentation evidencing such agreement prior to acceptance of the shipment and then also subject to any event, circumstance or act of public authorities (“Force Majeure Event”) that is beyond the control of ELS.
- ELS’s and assigned motor carrier’s total liability for any truckload cargo claim shall be the lesser of the invoice values of the lost or damaged goods or $100,000, unless a higher value is agreed to in writing by ELS prior to acceptance of the shipment. It is Customer’s responsibility to notify ELS if the cargo value exceeds $100,000 in which case ELS will communicate alternative options for Customer to consider should the assigned motor carrier have insurance coverage in an amount less than desired by Customer. A higher value declared on the bill of lading shall not increase carrier liability unless Customer and ELS have executed a written agreement specifying the rate and liability set forth on the BOL. ELS reserves the right to charge Customer for any requested cargo insurance coverage greater than $100,000 per cargo claim.
- Insurance coverage provided by ELS and the assigned motor carrier applies to property while it is located within the Continental United States of America, Alaska and Canada. Property located outside of those jurisdictions (including Mexico) travels at Customer’s sole risk, as it is excluded from ELS's or the assigned motor carrier's insurance coverage of any kind.
- Customer will not tender any hazardous or dangerous good as defined and/or controlled by government rules and regulations unless prior arrangements have been made and agreed upon in writing.
- Customer shall indemnify and hold ELS harmless from and against all claims, liabilities, damages, costs and expenses (including reasonable attorney’s fees) asserted against or incurred by Customer in connection with transportation services provided by ELS, unless such claims, liabilities, damages, costs and expenses are caused solely by the gross negligence or intentional misconduct of ELS.
- Customer acknowledges that the assigned motor carrier is primarily liable for any cargo damage while cargo was in assigned motor carrier’s care, custody and control. If ELS is involved in the claim filing process, we will use commercially reasonable efforts to assist and cooperate in the investigation and process with the carrier any freight loss or damage claims and any claim for damage to Customer’s property occurring in the course of the transportation services rendered hereunder to such Customer. The carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R.370.1 et seq. respectively. Customer shall have the right to (a) file a freight claim for cargo loss or damage up to nine (9) months after the date of said loss or damage and (b) bring suit against Carrier within two (2) years of the date of the written disallowance of the cargo claim. Any claim filed or suit initiated after the expiration of the aforementioned nine months or two years, respectively, will be deemed to be a delinquent action and will relieve ELS and the assigned motor carrier from any and all related liabilities. Customer agrees that ELS, as a broker only, is not liable for any damages.
- Neither ELS nor the assigned motor carrier shall be responsible for loss or damage to cargo due to loading and/or securement (including blocking and bracing), inherent vice or defect in the cargo, or for any other act or omission constituting shipper fault.
- ELS will not provide transportation brokerage for the following commodities as they are not covered by our contingent cargo insurance policy. If such freight is tendered to ELS for brokerage, it is at the Customer’s peril and ELS is not liable for any loss, damage or delay to said freight:
- Cigarettes and cigars
- Narcotic and prescription drugs
- Accounts, bills, currency, deeds, evidences of debt, money, notes, securities, checks, drafts, commercial paper or other documents of value
- Bullion, gold, silver, platinum or other precious alloys or metals
- Precious or semi-precious stones
- Furs or fur garments
- Jewelry or watches
- Paintings, statues or works of art
- Alcoholic beverages of every description other than beer, ales or wine
- Seafood, other than frozen dinners or canned products
- Live animals, birds or fish
- Property while waterborne
- Property for which a warehouse receipt has been issued
- Contraband, or property in the course of illegal transportation or trade
- Property in the care, custody or control of a governmental postal service
- Cars, automobiles, motorcycles, etc. (vehicles containing fuel cells and gas tanks)
- Additional exclusions may apply
- If Customer requests services involving the shipment of food, Customer acknowledges and agrees that it is responsible for packaging all such food in such a manner as to ensure safe and sanitary handling during transit, without the need for specialized handling procedures by the assigned motor carrier. If specialized handling has been requested by Customer, Broker's sole obligation is to communicate such specialized handling instructions to the underlying carrier. With respect to food for which temperature control service has been requested, Customer acknowledges and agrees that Broker's sole responsibility will be to communicate requested temperature ranges to the underlying carrier and that ambient air temperature readings within the trailer taken by the loader and receiver at origin and destination are sufficient to ensure safe and sanitary handling of Customer's commodities. Any request for specialized handling, including controlled temperature transit, must be submitted to Broker in writing at the time of the initial request for service to which the instructions relate. As between Broker and Customer, Customer shall have sole discretion in determining shipment handling instructions necessary to ensure the safe and sanitary handling of food.
- Any claim, dispute or litigation relating to transportation services provided, any shipment scheduled or tendered hereunder, or relating to any and all disputes between ELS and the Customer, shipper and/or consignee and/or brokers for any Customer, shipper and/or consignee, shall be filed in North Carolina, and specifically, Guilford County, North Carolina. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.
- Customer shall be promptly invoiced for each shipment and shall pay, in US Dollars, all invoices within 30 days of invoice date, unless otherwise noted in writing. If ELS seeks use of attorneys or collection agencies to affect collection of any amount owed by Customer to ELS, Customer shall be responsible for any and all costs related to those collection efforts, including reasonable attorney’s fees.
- ELS is entitled to receive payment of all sums due to it for services rendered without regard to any claims for loss or damage to cargo which may occur in the course of such services. Customer shall not have the right to delay, offset or withhold payment to ELS due to the any claims for loss or damage that may be outstanding.
- The relationship between Customer and ELS is that of an independent contractor and is not based on common law or contract employment, agency, partnership or a joint venture. Customer understands that the assigned motor carriers are also independent contractors and ELS does not own, operate or control the assigned motor carriers equipment or drivers and is not responsible for the consequences or expenses associated with any collision, accident or mechanical breakdown.
ELS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES, OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. IN ANY EVENT, ELS SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCREMENTAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT ELS HAD KNOWLEDGE THAT SUCH DAMAGES, COSTS OR EXPENSES MIGHT BE INCURRED. BY TENDERING A SHIPMENT TO ELS, CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN.