Domestic Shipping Terms and Conditions
This is an important legal document that governs the credit terms and conditions of your contract with Exfreight Zeta, LLC
PAYMENT OF CHARGES; FAILURE TO PAY SHIPPING BILLS
A. Payment terms are due within thirty (30) days upon receipt of the Exfreight invoice. All freight bills not meeting payment terms will receive a late payment penalty of three percent (3%) of the total invoiced amount including, but not limited to, transportation or storage charges, customs assessments, duties, taxes, surcharges and any other value added services. Even if Exfreight has been provided with different payment instructions, all parties with an ownership interest in the shipment shall be liable, jointly and severally, for the transportation charges, including, but not limited to, transportation or storage charges, customs assessments, duties, taxes, governmental penalties, and fines. Exfreight shall have a lien on the shipment for all sums due to us (Liens on Shipments), including the collection fee as defined and set forth below in Subsection C.
B. All shipments charges for accounts that do not have credit terms shall be prepaid and charges are payable by credit card at the time of booking or on demand when in reference to destination duties and taxes. Upon written request from the Shipper and/or Consignee, Exfreight at its sole discretion and upon proof of credit standing (requires a credit application be completed) may establish ongoing credit to an account.
C. Any shipping bills for Transportation Charges not paid prior to Exfreight contracting the services of a collection agency, attorney or other agent authorized to collect unpaid Transportation Charges will be subject to a collection fee of thirty-five percent (35%) of the unpaid portion of any shipping bill(s). Exfreight will provide notice of its intent to assign unpaid shipping bills to an outside collection agency, attorney or other authorized agent. Such notice will include a summary of the unpaid balance, any applicable fees and the collection fee. Exfreight will assign collection of Transportation Charges to an outside collection agency, attorney or other authorized agent if payment is not received from the recipient of the notice within ten (10) business days. This agreement shall be governed, construed arising out of this agreement and subject to state jurisdiction will be brought in the applicable State Court in the City of West Palm Beach, Florida. Any suit subject to Federal jurisdiction shall be brought in the Federal Southern District Court in the Palm Beach County
CHARGES PREPAID, COLLECT OR THIRD PARTY
A. Shipments will be accepted either with the charges prepaid by the Shipper or to be collected from the Consignee or, when requested by the Shipper or the Consignee, to be billed to a Third Party. In any case, Exfreight account number of the paying party must be on the Exfreight Waybill. If any party should refuse payment for any reason, liability for the payment shall revert to the Shipper and the Consignee. When the form of payment is not marked on the Waybill, the shipment will be assumed to be prepaid. In all events, the Shipper and the Consignee shall be jointly and severally liable for all unpaid charges of the shipment.
B. Request to change the “type of billing” will be honored free of charges if a shipment has not yet been delivered. The request for change in the type of billing must be accompanied by a written guarantee of payment from the new debtor. All request for changes in the type of billing after delivery must be accompanied by a guarantee of payment by the new debtor and pay an additional fee. Type of billing changes will not be accepted when a reduction in the original rate occurs as a result of the change.
ADVANCEMENT OF CHARGES
Upon request Exfreight may, but is not obligated to, advance any money in connection with the forwarding, transporting, insuring, storing, or packing of a shipment, unless the shipper has in writing, provided a guarantee for advancing said money in a form acceptable to Exfreight.
LIENS ON SHIPMENTS
Exfreight shall have a lien on all shipments in its possession, whether actual or constructive, tendered to it by the Shipper for any and all sums due on that shipment. In the event of non-payment of any sum payable to Exfreight, the shipment may be held and be subject to storage and/or disposed of at public or private sales without notice to the Shipper or Consignee and with no further liability to Exfreight, paying out of the proceeds of the such sales all sums due and payable, including storage charges. The Shipper and/or Consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.