The VIRTUAL SHIPPING ASSISTANT is an electronic shipping platform that has been designed to streamline your daily shipping activities. It provides direct access to our internal rate team and allows you to conduct other essential functions such as processing, tracking, reporting and recording.
Before we provide access to this online shipping platform, we require all customers to read and acknowledge the legal, billing and claims terms that have been outlined in the agreement below. When you agree to these terms you are agreeing that all approved users within your organization will also adhere to standard shipping practices.
Standard shipping practices include: entering correct freight class and shipment weight, using the appropriate packaging materials and methodologies, attaching the bill of lading generated by this system as the primary shipping document and loading the freight with the appropriate carrier as listed on that bill of lading.
All quotes generated by this system are contingent on the information provided being 100% accurate. Users of this system are responsible for ALL charges once a shipment has been tendered and if any of the above factors are altered your pricing WILL be affected and can result in amended charges.
The SAV Transportation Group shall hereinafter be referred to as "the Organization" and the Customer, Shipper and/or Consignee shall hereinafter be referred to as "the Customer".
The Customer agrees to these terms and conditions which no agent or employee of the parties may alter. These terms and conditions shall apply to this and all future shipments scheduled by the customer, unless and until they are altered or amended by the organization's issuance of new terms and conditions.
The Organization reserves the right, in its sole discretion, to refuse any shipment at any time.
All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.
Truckload and partial truckload rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance.
Provided that a 48-hour notice is given, the Organization assures coverage of Truckloads within 4 hours of Customer's requested pickup, excluding weekends and holidays, weather, mechanical or national emergencies. Truckload cancellations require 24 hour notice to avoid penalty. Once The Organization has contracted with a carrier to move a truckload shipment, the scheduled load will be tendered at the agreed upon price.
Rates for LTL (less-than-truckload) shipments are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are based on weight, volume and/or pallet count.
All displayed transit times are estimates only and do not include day of pickup and LTL pickup dates are not guaranteed unless noted restrictions apply.
Special Projects are handled on a case-by-case basis and if shipments contain oversize freight, additional charges and transit days may apply. All transit times are estimates and do not include day of pickup. Pickup dates are not guaranteed.
In the event that the Organization's bill of lading does not accompany the shipment, the Organization reserves the right to apply standard rates and any previously discounted rates that may have been earlier quoted may no longer apply.
All Bills of Lading are non-negotiable and have been prepared by the Customer or by the Organization on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer.
Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Organization, or the use of any Bill of Lading not authorized or issued by the Organization shall VOID the Organization's obligations to make any payments relating to this shipment and VOID all rate quotes.
The Customer warrants their compliance with all applicable 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.
Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials and agrees to immediately advise Company in the event that its registration and/or compliance with these regulations expires or are terminated.
The Customer agrees to furnish such information and documentation as requested to establish its compliance with such laws, rules and regulations.
The Customer understands and acknowledges that 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 Customer. Customer agrees to indemnify Company for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this agreement.
The Organization 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.
The Customer is required to use the Organization's system generated Bill of Lading. 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, pick up or destination requested, the Customer hereby instructs the Organization, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer.
However, the Organization is not obligated to do so, but if a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Organization completes that document, the terms of this Bill of Lading will govern.
The Organization is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
The Organization reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick-up, transportation and delivery functions therein.
The Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Organization does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Organization.
Note: As part of the anti-terrorism rules / regulations, inspection of freight that moves cross border may result in carriers applying charges to shipments inspected by US Customs. These random inspections are not known at time of shipment and are therefore excluded from all rate quotes. Any applicable costs associated with random inspections and/or delays by Homeland Security will be the sole responsibility of the customer.
All charges are payable in US Dollars and are due fourteen (14) days from the date of billing. Any payment which is past due shall be subject to an additional charge at the rate of 1-1/2% per month (18% annual rate) on all past due balances.
All Customers are subject to credit approval. The Organization reserves the right to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, granted (if any) is at the sole discretion of the Organization.
In consideration for the extension of credit, the Customer promises to pay for all purchases within 14 days and agrees to pay a service charge of 1-1/2% per month (18% annual percentage rate) on all past due balances.
In the event any third parties are employed to collect any outstanding monies owed by the customer, the customer agrees to pay reasonable and customary collection costs including attorney's fees, whether or not litigation has commenced and all costs of litigation incurred.
Overpayments do not accrue interest and are subject to Minnesota State Law.
In the event that the organization retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions. The customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.
The Organization reserves the right to place a lien on the shipment for all sums due.
The Customer shall be liable, jointly and severally, for all charges payable on account of their shipments, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) and/or Organization's attorney fees and legal costs related to any potential disputes.
As a user of this online system, the customer self-selects the carrier making any and all claims an issue between the customer (them) and the chosen carrier.
Each carrier has a slightly different claims form and all carriers will require the customer to provide detailed shipper and consignee information along with a detailed overview the outlines nature and the purpose of the claim.
Each carrier has a slightly different claims process and timelines for claims resolution may differ on a case-by case basis, but the law requires that they must settle all claims within 180 days of filing.
Customers may access claims forms (and processes) on individual carrier web sites. Customers will be required to describe their specific damage and/or shortage; provide a declared value of items lost (by line item) along with additional shipment details pertaining to weights, piece counts, packaging, etc.
Each carrier will also require the customer to provide a commercial invoice to help substantiate the value of the claim. Customers may also provide supporting evidence (e-mails, photos, documents) that would help the accelerate claims on their behalf. Most carriers require that any and all damaged materials be kept on hand until claims are finally resolved.
IMPORTANT NOTE:
If claim exceeds $250.00 and continues beyond the industries customary timeline of 90-120 days, the Customer may request the Organization to serve as an "advocate" and attempt to accelerate the claim on their behalf.
In order to advocate on behalf of the customer, the Organization will require the information and documentation that has been rostered above and makes no guarantees or assurances related to the timeline and/or the ultimate outcome of the claim.
9. Extent of Coverage
The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. Those Tariffs can be viewed at the Organization's corporate offices. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage.
The Organization's liability for loss, delay or damage to shipper's goods extends only to the insurance coverage provided by its contingent cargo insurance. While the Organization carries such contingent cargo insurance, the maximum amount that Customer will receive on a claim will be that that which is recoverable under the respective transportation tariffs.
The Organization will not be responsible in any way for claims arising out of Customer negligence. The Organization also has available for purchase by the Customer, upon request, shipper's interest cargo insurance.
The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim.
Customer may not offset freight or other charges owed to Organization against claims for any loss, damage, mis-delivery or non-delivery. The Organization reserves the right to place a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account.
Customer understands and agrees that carrier rates and business processes contained within The Virtual Shipping Assistant are totally confidential and are not to be shared with any outside party. The Organization reserves the right to close customer's account if any this information is disclosed to any outside party including carrier representatives.
NOTE: Certain information related to Hollander, Inc. and the Hollander Interchange included in the Virtual Shipping Assistant is protected by copyright and other intellectual property laws. No part of this information may be reproduced, displayed or disseminated, in whole or in part, without the express written consent of Hollander, Inc.
Any and all customer claims shall be tendered through the Organization's website.
Any disputes between the Organization and the enrolled Customer, Shipper and/or Consignee and/or Brokers shall be attempted to be resolved by arbitration.
Any litigation between the Organization and the enrolled Customer, Shipper and/or Consignee and/or Brokers that may come about as a result of failed arbitration shall be filed in the District Court of Hennepin County, Minnesota or in the United States District Court for the District of Minnesota and shall be subject to Minnesota law.