**Terms of Use**
These Terms of Use (“Terms”) govern your access to and use of the services and products provided by Truck Source Express (“Company”). By using our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. **Acceptance of Terms**
By accessing or using our services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific services or products. If you are using our services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.
2. **Modifications to Terms**
The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the revised Terms. Your continued use of our services following the posting of changes will constitute your acceptance of such changes. Please review these Terms periodically for updates.
3. **Use of Services**
- **Eligibility:** You must be at least 18 years old to use our services.
- **Account:** You may need to create an account to access certain features of our services. You agree to provide accurate and complete information and to keep your account information updated.
- **Responsibility:** You are responsible for all activities that occur under your account and for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
4. **Prohibited Conduct**
You agree not to use our services for any unlawful or prohibited purpose, including but not limited to:
- Violating any applicable laws or regulations.
- Infringing on the intellectual property rights of others.
- Engaging in fraudulent or deceptive practices.
- Interfering with the operation of our services or the servers or networks used to make our services available.
- Distributing viruses, malware, or other harmful software.
5. **Intellectual Property**
- **Ownership:** All content, trademarks, service marks, logos, and other intellectual property used in connection with our services are the property of the Company or its licensors.
- **License:** You are granted a limited, non-exclusive, non-transferable license to access and use our services for your personal or internal business purposes. This license does not include any right to resell or distribute our services or any content provided through our services.
6. **Privacy**
Your use of our services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of your personal information as described in our Privacy Policy.
7. **Disclaimers and Limitation of Liability**
- **Disclaimer:** Our services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure.
- **Limitation of Liability:** To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use our services, (ii) any unauthorized access to or use of our services, (iii) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, or other harmful software that may be transmitted through our services, or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services.
8. **Indemnification**
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.
9. **Termination**
We reserve the right to terminate or suspend your account or access to our services at any time, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use our services will immediately cease.
10. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of law principles.
11. **Entire Agreement**
These Terms, together with our Privacy Policy and any additional terms to which you agree when using specific elements of our services, constitute the entire agreement between you and the Company with respect to the use of our services.
12. **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13. **Contact Information**
If you have any questions about these Terms, please contact us at:
- Email: nick@trucksourceinc.com
- Phone: 503-240-2770 ext 5
- Address: 8900 N Vancouver Ave Portland, OR 97217
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**Terms and Conditions**
These Terms and Conditions (“Terms”) govern the rules, guidelines, and obligations for shipments handled by Truck Source Express (“Company”), including Proof of Delivery (POD), Limited Liability, Payment Obligations, Claims, and Fraud Prevention.
**General Proof of Delivery (POD) Terms and Conditions**
1. **Finality of Signed PODs**
PODs signed or stamped by the receiver are considered final. By signing the POD, the receiver confirms that the shipment has been received in good order and condition unless otherwise noted on the POD at the time of delivery.
2. **Notations on PODs**
Any discrepancies, damages, or shortages must be clearly noted on the POD at the time of delivery. Failure to document such issues will be interpreted as the product being received in satisfactory condition. It is the responsibility of the receiver to inspect the shipment thoroughly upon receipt.
3. **Timeliness of Reporting Issues**
Any issues not noted on the POD at the time of delivery will not be considered valid for claims of damage or shortage. The receiver must document all issues on the POD at the time of delivery.
4. **Retention of Documentation**
Both parties shall retain copies of the signed PODs for their records. These documents serve as the official record of the condition and receipt of the shipment. Such records shall be retained for a minimum of 3 years.
5. **Claims and Disputes**
Any claims or disputes arising from the condition of the shipment must be accompanied by the corresponding POD with the relevant notations. Claims submitted without appropriate documentation will not be processed.
6. **Legal Terms for Delayed Notations**
Terms such as “subject to count” and “subject to inspection” are not considered legal terms for delayed notations of discrepancies in the load. All issues must be reported to the carrier prior to departure from the receiver.
7. **Responsibility Post-Delivery**
Once the product has been offloaded and is in the possession of the receiver, and no notations have been added, the product is no longer the responsibility of Truck Source Express.
8. **Amendments and Modifications**
These Terms may be amended or modified by the Company at any time. Any such amendments or modifications will be effective upon posting of the revised Terms.
9. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of Oregon, without regard to its conflict of law principles.
10. **Entire Agreement**
These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
**Limited Liability Terms for Moving Freight**
1. **Scope of Liability**
The Company’s liability for loss or damage to freight is limited to the actual loss or damage incurred, subject to the limitations and exclusions set forth in these Terms. The Company shall not be liable for any consequential, incidental, or special damages, including but not limited to loss of profits or business opportunities, even if the Company has been advised of the possibility of such damages.
2. **Maximum Liability**
The Company’s maximum liability for loss or damage to freight shall not exceed $250,000 per shipment, unless a higher value is declared in writing by the shipper and accepted by the Company, and additional charges are paid.
3. **Exclusions from Liability**
The Company shall not be liable for any loss, damage, or delay caused by or resulting from:
- Acts of God, public enemies, or public authorities acting with actual or apparent authority.
- Inherent vice or nature of the goods, including but not limited to natural shrinkage or loss in weight.
- Insufficient or improper packing, labeling, or addressing.
- Acts or omissions of the shipper or consignee, including but not limited to failure to provide accurate information.
- Riots, strikes, lockouts, or other labor disputes.
- Compliance with laws, regulations, or orders of any governmental authority.
4. **Claims for Loss or Damage**
All claims for loss or damage to freight must be submitted in writing to the Company within 30 days from the date of delivery or, in the case of non-delivery, from the expected date of delivery. The claim must include a detailed
description of the loss or damage, the amount claimed, and supporting documentation such as photographs, invoices, and delivery receipts.
5. **Inspection and Mitigation**
The shipper and consignee must inspect the freight upon delivery and note any visible loss or damage on the delivery receipt. The consignee must take all reasonable steps to mitigate the loss or damage and to preserve the freight and its packaging for inspection by the Company.
6. **Limitation on Actions**
Any lawsuit arising from or related to the transportation of freight by the Company must be filed within 10 days from the date the claim is denied in writing by the Company.
7. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of Oregon, without regard to its conflict of law principles.
8. **Entire Agreement**
These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
**Terms and Conditions for Broker’s Obligation to Pay Invoice**
1. **Invoicing**
The Carrier shall issue an invoice to the Broker upon completion of the transportation services. Each invoice must include:
- Invoice number
- Date of invoice
- Description of services provided
- Total amount due
- Supporting documentation (e.g., Proof of Delivery, accessorial charges)
2. **Payment Terms**
The Broker shall pay all undisputed invoices within thirty (30) days of receipt. Payment must be made via Check, Bank Transfer, or Credit Card.
3. **Late Payment**
If the Broker fails to pay an invoice within the thirty (30) day period, the following penalties will apply:
- Interest at a rate of 10% per month on the outstanding amount.
- Late charges of $50 per day after the due date until payment is received.
4. **Disputed Invoices**
If the Broker disputes any portion of an invoice, the Broker must notify the Carrier in writing within 5 days of receipt of the invoice, specifying the nature of the dispute and the amount in question. The undisputed portion of the invoice must be paid within the standard thirty (30) day period.
5. **Accessorial Charges**
The Broker agrees to reimburse the Carrier for all legitimate accessorial charges incurred during the transportation of freight, including but not limited to:
- Detention
- Layover
- Lumper fees
- TONU
- All accessorial charges must be documented and submitted with the invoice.
6. **Proof of Delivery (POD)**
The Carrier shall provide Proof of Delivery (POD) along with the invoice. The POD must include:
- Date and time of delivery
- Location of delivery
- Receiver’s signature or stamp
- Notations of any discrepancies or damages (if applicable)
7. **Remedies for Non-Payment**
In the event of non-payment or late payment, the Carrier reserves the right to take any or all of the following actions:
- Suspend further services until payment is received.
- Charge interest and late fees as specified in Section 3.
- Pursue legal action to recover the outstanding amount, including all costs associated with the collection process, such as attorney’s fees.
8. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of Oregon, without regard to its conflict of law principles.
9. **Entire Agreement**
These Terms constitute the entire agreement between the Carrier and Broker regarding payment obligations and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
10. **Amendment and Modification**
These Terms may be amended or modified only in writing and signed by both parties.
11. **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. **Confidentiality**
Both parties agree to keep all terms, conditions, and related information confidential and not disclose them to any third party without prior written consent, except as required by law.
**Terms and Conditions for Claims**
1. **Scope**
These Terms apply to all claims for loss, damage, or delay related to the transportation services provided by the Carrier.
2. **Submission of Claims**
All claims must be submitted in writing and include the following information:
- Claimant’s name, address, and contact information.
- Date of shipment and delivery.
- Description of the freight involved.
- Detailed description of the loss, damage, or delay.
- Amount being claimed.
- Supporting documentation (e.g., photographs, invoices, delivery receipts, Proof of Delivery).
3. **Time Limit for Submitting Claims**
Claims must be submitted within 30 days from the date of delivery or, in the case of non-delivery, from the expected date of delivery. Claims submitted after this period will not be considered.
4. **Investigation of Claims**
Upon receipt of a claim, the Carrier will initiate an investigation to determine the validity of the claim. The claimant must cooperate fully with the investigation, providing any additional information or documentation as requested by the Carrier.
5. **Disposition of Claims**
The Carrier will notify the claimant in writing of the disposition of the claim within 30 days of receiving all necessary documentation. The notification will state whether the claim has been approved or denied, and if denied, the reason for the denial.
6. **Settlement of Approved Claims**
Approved claims will be settled by the Carrier within 30 days of the approval notification. Settlement may include payment of the claimed amount, repair or replacement of the damaged goods, or other appropriate remedies as determined by the Carrier.
7. **Limitation of Liability**
The Carrier’s liability for loss, damage, or delay is limited as follows:
- The Carrier’s maximum liability shall not exceed $250,000 per shipment, whichever is less, unless a higher value is declared in writing by the shipper or broker and additional charges are paid.
- The Carrier shall not be liable for consequential, incidental, or special damages, including but not limited to loss of profits or business opportunities.
8. **Exclusions from Liability**
The Carrier shall not be liable for any loss, damage, or delay caused by or resulting from:
- Acts of God, public enemies, or public authorities acting with actual or apparent authority.
- Inherent vice or nature of the goods, including but not limited to natural shrinkage or loss in weight.
- Insufficient or improper packing, labeling, or addressing.
- Acts or omissions of the shipper or consignee, including but not limited to failure to provide accurate information.
- Riots, strikes, lockouts, or other labor disputes.
- Compliance with laws, regulations, or orders of any governmental authority.
9. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of Oregon, without regard to its conflict of law principles.
10. **Entire Agreement**
These Terms constitute the entire agreement between the Carrier and the claimant regarding claims and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
11. **Amendment and Modification**
These Terms may be amended or modified only in writing and signed by both parties.
12. **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. **Confidentiality**
Both parties agree to keep all terms, conditions, and related information confidential and not disclose them to any third party without prior written consent, except as required by law.
**Terms and Conditions for Fraud Prevention**
1. **Definition of Fraud**
For the purposes of these Terms, “fraud” includes but is not limited to any act or omission intended to deceive the Company or its clients, resulting in financial or reputational harm. This includes double brokering, illegal blind shipments, falsification of documents, and misrepresentation of information.
2. **Double Brokering**
Double brokering occurs when a broker accepts a load from a shipper and re-brokers it to another carrier without the shipper’s consent. The following rules apply:
- The Company strictly prohibits double brokering unless expressly authorized in writing by the shipper.
- Any party found to be engaging in double brokering without authorization will be subject to immediate termination of the business relationship and may face legal action.
- The responsible party will be liable for any damages, including but not limited to, financial losses and reputational harm suffered by the Company and its clients.
3. **Illegal Blind Shipments**
A blind shipment occurs when the identity of the shipper, receiver, or both are concealed. The following rules apply:
- All blind shipments must be explicitly approved by the Company and documented accordingly.
- The use of false documentation to conceal the true identity of the parties involved is strictly prohibited.
- Any party found to be engaging in illegal blind shipments will be subject to immediate termination of the business relationship and may face legal action.
- The responsible party will be liable for any damages, including but not limited to, financial losses and reputational harm suffered by the Company and its clients.
4. **Documentation and Verification**
The Company requires accurate and truthful documentation for all transactions. The following rules apply:
- All documents, including Bills of Lading, Proof of Delivery, invoices, and any related paperwork, must be accurate and truthful.
- The Company reserves the right to verify the authenticity of all documents and information provided by the parties involved.
- Any falsification of documents or misrepresentation of information will result in immediate termination of the business relationship and may face legal action.
5. **Reporting Fraud**
All parties are encouraged
to report any suspected fraudulent activity to the Company immediately. The following procedures apply:
- Reports of suspected fraud can be made anonymously and will be treated confidentially.
- The Company will investigate all reports of suspected fraud thoroughly and take appropriate action.
- Parties found to be involved in fraudulent activities will be subject to the penalties outlined in these Terms.
6. **Penalties for Fraud**
Penalties for engaging in fraudulent activities include, but are not limited to:
- Immediate termination of the business relationship.
- Legal action, including claims for damages and criminal prosecution.
- Financial liability for any losses incurred by the Company and its clients.
7. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of law principles.
8. **Entire Agreement**
These Terms constitute the entire agreement between the parties with respect to fraud prevention and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
9. **Amendment and Modification**
These Terms may be amended or modified only in writing and signed by both parties.
10. **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. **Confidentiality**
Both parties agree to keep all terms, conditions, and related information confidential and not disclose them to any third party without prior written consent, except as required by law.
**Terms and Conditions for Confidentiality**
These Confidentiality Terms and Conditions (“Terms”) govern the use, disclosure, and protection of confidential information between Truck Source Express (“Company”) and its clients, partners, and other entities (“Parties”).
1. **Definition of Confidential Information**
Confidential Information includes any and all information disclosed by one Party to the other, whether in written, oral, electronic, or any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information may include, but is not limited to, business plans, financial data, customer lists, trade secrets, and proprietary technology.
2. **Obligations of Confidentiality**
The Parties agree to:
- Keep all Confidential Information confidential and use it solely for the purpose of the business relationship between the Parties.
- Not disclose Confidential Information to any third party without the prior written consent of the disclosing Party.
- Take all reasonable steps to protect the confidentiality of the Confidential Information and to prevent any unauthorized use or disclosure.
3. **Permitted Disclosures**
The receiving Party may disclose Confidential Information to its employees, agents, or contractors on a need-to-know basis, provided that such individuals are bound by confidentiality obligations at least as restrictive as those contained in these Terms.
4. **Exclusions from Confidentiality**
Confidential Information does not include information that:
- Is or becomes publicly available through no fault of the receiving Party.
- Is rightfully received from a third party without breach of any confidentiality obligation.
- Is independently developed by the receiving Party without use of or reference to the Confidential Information.
- Is disclosed with the prior written consent of the disclosing Party.
- Is required to be disclosed by law or regulatory authority, provided that the receiving Party gives the disclosing Party prompt notice of such requirement and cooperates in any attempts to obtain a protective order or similar protection.
5. **Return or Destruction of Confidential Information**
Upon termination of the business relationship or upon request by the disclosing Party, the receiving Party shall return or destroy all Confidential Information and all copies thereof, and certify in writing that it has done so.
6. **No License**
Nothing in these Terms shall be construed as granting any rights, by license or otherwise, to the receiving Party in any Confidential Information or in any patents or other intellectual property of the disclosing Party.
7. **Duration**
The obligations of confidentiality shall remain in effect for a period of three (3) years from the date of disclosure, or for as long as the Confidential Information remains a trade secret under applicable law, whichever is longer.
8. **Remedies**
The Parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that the disclosing Party shall be entitled to seek injunctive relief, without waiving any other rights or remedies, in the event of a breach or threatened breach of these Terms.
9. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of law principles.
10. **Entire Agreement**
These Terms constitute the entire agreement between the Parties with respect to the subject matter herein and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
11. **Amendment and Modification**
These Terms may be amended or modified only in writing and signed by both Parties.
12. **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. **Confidentiality Agreement for Booking Loads**
By booking loads with Truck Source Express, you agree to these confidentiality terms and conditions as well as our general terms and conditions, which can be found at Truck Source Express Terms and Conditions.