THIS IS AN IMPORTANT LEGAL DOCUMENT THAT GOVERNS THE TERMS AND CONDITIONS OF YOUR CONTRACT WITH MERIDIAN LOGISTICS, LLC. PLEASE READ THIS DOCUMENT CAREFULLY.
By the tendering a shipment via Meridian Logistics, LLC, the Customer, Shipper and/or Consignee (hereinafter individually and collectively referred to as “Customer”) agree to these TERMS and CONDITIONS which no agent or employee of the parties may alter except by a written agreement signed by both an officer (and not a mere employee or agent) of Meridian Logistics, LLC and the Customer or a person authorized to sign on behalf of Customer.
Freight Brokerage – Definition: Meridian Logistics, LLC is a Freight Logistics Company; also known as a “Freight Broker.” At no time does Meridian Logistics, LLC hold, handle, store or transport freight. Customer acknowledges that Meridian Logistics, LLC is a “freight broker” and NOT a “freight carrier.”
Freight Carrier – Definition: The freight carrier is a dually licensed and registered company that provides the actual transportation of your shipment. The freight carrier(s) is subject to all state and federal laws and regulations applicable to the transportation of this shipment and is therefore exclusively liable for the shipment. Customer understands and agrees that the freight company or companies that actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of your shipment. Meridian Logistics, LLC is not a freight carrier.
You, the Customer, are responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code. Customer understands that all freight rates are quoted as tailgate or curbside pick up and delivery to a commercial location and or carrier terminal drop off or pick up. Residential services are available and are charged as an assessorial service. If pickup and or delivery are requested by the Customer, the Customer warrants the locations will be carrier equipment accessible. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service. Customer agrees to ensure the shipment is properly prepared for transport by freight carrier (packaging and addressing) unless these services have been arranged for as an assessorial service. The Customer AGREES TO PAY FOR ALL SERVICES AS ACTUALLY PROVIDED by Meridian Logistics, LLC and the Freight Carrier(s).
Bill of Lading (BOL): This Bill of Lading is NON-NEGOTIABLE and has been prepared by the enrolled Customer or by Meridian Logistics, LLC on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the carrier or carriers that actually provide the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the Meridian Logistics, LLC’s TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, the Meridian Logistics LLC’s TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. All Terms, including, but not limited to all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.
Bill of Lading & Necessary Documentation: Required use of Bill of Lading (BOL). The Customer is required to use the Meridian Logistics, LLC system generated BOL. Customer agrees to sign the BOL provided by Meridian Logistics, LLC prior to pickup. Customer must then provide (2) copies of the signed BOL to the shipper (the party at the point of pickup). Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting freight carrier. Accordingly, the Customer agrees to hold the consigned freight carrier exclusively liable for loss or damages.
Necessary Documentation: If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, the Customer hereby instructs Meridian Logistics, LLC, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Meridian Logistics, LLC is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and Meridian Logistics, LLC completes that document, the terms of this Bill of Lading will govern. Meridian Logistics, LLC is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
Customer’s Warranties: The Customer acknowledges its responsibility to comply with, and warrants its compliance with all applicable state & federal laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Meridian Logistics, LLC assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind the Customer.
Meridian Logistics, LLC may cancel this shipping agreement and refuse to undertake any service on behalf of Customer if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any carrier other than that designated by Meridian Logistics, LLC and shipments tendered with any bill of lading not issued by Meridian Logistics, LLC
Calculation of Rates & Charges: Shipments are rated based on information provided by the Customer and approved by the Customer. Rate calculation includes: the type of item(s) being shipped (class), weight, size, volume, type of packing, number of items and commercial or residential pickup or delivery, type of service requested and transit time. Shipping charges may include discounts from published carrier rates and are conditional based on payment within the terms of this agreement.
Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based: Origin and destination zip codes, distance, commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (including all packing materials, crating and or pallets) as a cost per pound and volume of space required for transit as cost per cubic foot and or length of truck.
Truck Load Services (TL): TL rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Full truckload shipments include two hours of detention time at pickup and delivery. Additional charges may apply for charges including but not limited to; Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $75 per hour , up to $600 per day. A cancellation charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup at the rate of $350 or 20%, whichever is greater. Expedited rates are based on actual or dimensional weight. If an expedited carrier shipment contains oversize freight, additional charges and transit days may apply. Blanket Wrap/High Value Goods rates are driven by state to state/mileage, weight (actual or density) and commodity/product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, as determined by the state or states it will transport through, additional charges and transit days may apply.
Guaranteed Transit Time Services: Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. When Guaranteed Service is included as an assessorial service, it is inclusive of transit times only as noted by the carrier selected. Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. This service is not a guarantee for Pickup time. Pickup Day is not included in the qualification and calculation of transit time. Delays caused by an Act of God, war, weather or delays due to State or Federal intervention negate the Guaranteed Transit Time service. Carrier liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge as noted on the invoice. In no case, shall the Customer hold the Carrier liable for losses, lost profits, lost opportunity, economic damages, expenses, or special, consequential or incidental damages the Customer may have experienced as a consequence of transit times greater than expected. In the event of carrier failure to comply with the Guaranteed Service requested, the Customer is permitted ten (10) business days from the date of invoice to file a claim request in writing with Meridian Logistics, LLC. If Meridian Logistics, LLC does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the carrier will be deemed to have met all Guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event a Carrier fails to provide the Guaranteed Transit Time service as arranged, Meridian Logistics, LLC will credit the account of the said Customer within 48 hours after carrier has acknowledged liability. In no event shall Meridian Logistics, LLC be liable nor will any account be credited if the Customer does not use Meridian Logistics, LLC’s Bill of Lading.
Meridian Logistics, LLC reserves the right, in its sole discretion, to refuse any shipment at any time.
Delay of Shipment: Neither Meridian Logistics, LLC nor the actual carrier shall be held liable for delays in delivery caused by accidents, governmental intervention, weather conditions, other acts of God or any other circumstances that are beyond the control of Meridian Logistics, LLC and or the carrier(s).
Preparation of Shipment: Unless otherwise stated, Customer is responsible for proper preparation, packing, and addressing of the shipment. Unless otherwise stated, Customer is responsible for providing the means to load and unload the shipment.
Claims and Limitations of Liability: Meridian Logistics, LLC does not insure or indemnify Customer against losses, damages, or liability resulting from or incurred in connection with the shipment. In the event of a claim, Customer shall look solely to the Freight Carrier and/or its limited liability insurance in the event of a claim for damage or loss. Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.
The Customer must file all freight cargo claims in writing with Meridian Logistics, LLC within 48 hours of delivery. Meridian Logistics, LLC will assist the Customer in the submission of the Customer’s claim with the actual freight carrier, but is in no event responsible for payment of such claims and makes no representation, warranty or guaranty as to the outcome of such claims or the availability of insurance from the Freight Carrier to pay such claims. The filing of a claim does not relieve Customer for its responsibility for payment of freight charges. Customer’s account must be paid in full prior to Meridian Logistics, LLC assistance to Customer in processing a claim against the Freight Carrier for loss or damage.
Exclusions of Liability: Meridian Logistics, LLC is not liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Meridian Logistics, LLC is not liable for losses, miss-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions.
Meridian Logistics, LLC is not liable for losses, miss-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. Meridian Logistics, LLC is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of Meridian Logistics, LLC. Subject to the limitations of liability contained in this Bill of Lading and the carrier’s General Rules Tariff, Meridian Logistics, LLC shall only be liable for loss, damage, miss-delivery or non-delivery caused by Meridian Logistics, LLC’s own gross negligence. In any event, Meridian Logistics, LLC’s liability shall be limited to the fees that Meridian Logistics, LLC has been paid with respect to the subject shipment. MERIDIAN LOGISTICS, LLC 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 ITS WEBSITE, INFORMATION PROVIDED ON ITS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON ITS WEBSITE. MERIDIAN LOGISTICS, LLC CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, MERIDIAN LOGISTICS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT MERIDIAN LOGISTICS, LLC HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Venue, Forum Selection and Choice of Law: Customer acknowledges that Meridian Logistics, LLC is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by Meridian Logistics, LLC are limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of Texas.
Except where preempted by applicable federal laws and regulations, this Agreement is governed by the laws of the State of Texas, without regard to its choice of law doctrines. Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by Meridian Logistics, LLC. Understanding this; the Customer agrees to hold Meridian Logistics, LLC harmless for services (i.e. transportation of freight) performed by the Freight Carrier. Customer agrees to pay Meridian Logistics, LLC per agreement regardless of any disputes that may or may not occur with the Freight Carrier.
Therefore: All parties including Meridian Logistics, LLC, the Customer and The Carrier agree that the venue for any legal action relating to services provided by Meridian Logistics, LLC or its websites, shall be filed exclusively in the courts of Travis County, Texas or in the United States District Court for Travis County. In the event that Meridian Logistics, LLC is the prevailing party in any legal action to enforce this contract or to collect payment from Customer, Meridian Logistics, LLC shall be entitled to recover its reasonable attorney fees and expenses from Customer.
Payment of Services: Customer accepts full responsibility for a correct and accurate BOL. Customer agrees to pay for all services as actually provided. Billing will be based on the actuality of the following; Actual commodity shipped, actual shipping weight including packing, crating and pallet, actual dimensions, actual volume, NMFC commodity code, actual freight class, number of items, type of service requested and other applicable assessorial charges. Including, but not limited to all duties, customs assessments, governmental penalties and fines, taxes, and Meridian Logistics, LLC attorney fees and legal costs allocable to this shipment and/or all disputes related to the shipment.
All services are charged to Customer’s account at the time of dispatch for our prompt-pay discount rates. If payment is not received for services within customer’s agreed-to terms of account, 1.) a one-time reprocessing charge of $50 will be applied to the account and 2.) late fees will be 10% of the total amount past due. All funds received by Meridian Logistics, LLC will be applied to the oldest (based on pick-up date) outstanding invoice.
Should the actual shipment’s description or services prove to be different than shown on the BOL provided by Meridian Logistics, LLC, additional charges will be assessed and charged to your account. When paying by credit card or electronic funds, the Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. Any shipments that are canceled after payment has been processed will be refunded to the original payment method. Please be aware that refunds over $500 can take more than 10 business days for the funds to be returned to your account by the merchant bank.
The Customer understands that Meridian Logistics, LLC is not the actual carrier and as such, the Customer will not deny Meridian Logistics, LLC payment for reasons related to disputes with the carrier.
Method of Payment: Unless you are registered under a plan offering a specialized payment method, all customers must provide a credit card account number which is issued in your name or which you are authorized to use when registering for the service. This card will be used as your primary method of payment. All payments shall be made pursuant to the terms of the pricing and other information relating to the service selected. By agreeing to these Terms and Conditions, you are authorizing and directing Meridian Logistics, LLC to automatically charge any amounts payable by you in connection with your use of transportation services to the credit card you provided in the registration process or such credit card number you may provide thereafter. It is your responsibility to update the credit card information that you use to pay for the Service. If you bill your use of Meridian Logistics, LLC’s services to your credit card, your right to use the service is subject to any limits established by your credit card issuer. If you do not update your credit card information, Meridian Logistics, LLC may suspend your use of the service or at Meridian Logistics, LLC’s option, may automatically move you onto another bill payment arrangement. Meridian Logistics, LLC may also make other billing options available. If Meridian Logistics, LLC makes other billing options available you agree to abide by terms and conditions applicable to those options.
Changes In Terms & Conditions: Meridian Logistics, LLC shall have the right at any time to change or modify the terms and conditions applicable to Customer’s use of Meridian Logistics, LLC services, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of Meridian Logistics, LLC services by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.
Severability. In the event that any term, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected.
No Waiver. The failure of Meridian Logistics, LLC to insist upon the prompt and punctual performance of any term or condition in this Agreement, or the failure of Meridian Logistics, LLC to insist upon or exercise any right or remedy under this Agreement on any one or more occasions shall not constitute a waiver of that or any other term, condition, right or remedy on that or any subsequent occasion.
INDEMNIFICATION. IN THE EVENT ANY LEGAL ACTION OR CLAIM IS MADE AGAINST MERIDIAN LOGISTICS, LLC, OR ANY FINES OR PENALTIES ARE ASSESSED AGAINST MERIDIAN LOGISTICS, LLC, ARISING OUT OF ANY ACT, OMISSION OR NEGLIGENCE OF CUSTOMER, CUSTOMER AGREES TO INDEMNIFY AND DEFEND MERIDIAN LOGISTICS, LLC AGAINST ANY AND ALL SUCH CLAIMS, DEMANDS, LOSSES, COSTS, OBLIGIATIONS, FINES, PENALTIES AND LIABILITIES.
Binding Effect. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns.