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Terms & Conditions
of Service
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We, P.A.F: Pacific Atlantic Freight LLC are a licensed US freight
broker, freight forwarder and insurance broker providing domestic freight
shipping services through our partner freight carriers, as well as transportation related lines of insurance.
Our websites: www.pafshipping.com
& www.freightshippingcenter.com
provide instant online freight quotes and automated shipment
scheduling. P.A.F is not a freight shipping carrier or
insurance company and we reserve the right to refuse any shipment
for freight services and/or freight insurance services
at any time.
The following is our Terms and Conditions which govern
the relationship between you, the "Customer", and P.A.F.
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Customer: The term "Customer", as used herein, shall
refer to any person using our services, including the customer,
shipper and consignee.
The General Rules Tariffs:
The term
"General Rules Tariff, as used herein, shall refer to the
terms and conditions of carriage set forth by each carrier
in regards to shipments scheduled with such carrier, that
govern the relationship between the customer and the carrier.
Service or Services: The term "Service" or "Services",
as used herein, shall refer to any service provided by P.AF.
whether through this website or by other means.
Carrier: The term "Carrier", as used herein,
shall refer to the freight carrier selected to transport
the customer's shipment.
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By using this site or our services, the Customer agrees
to these terms and conditions as stated herein. The General
Rules Tariffs, set forth by the carriers provided within
P.A.F, will take precedence in all legal proceedings, and
when applicable, will take precedence over these Terms and
Conditions. If an issue is not addressed in The General
Rules Tariff, then these Terms and Conditions shall control.
Additional charges may apply based on each carrier's General
Rules Tarriffs.
In the case of conflict between these Terms and Conditions
and those set forth by the carrier's General Rules Tariff,
the selected carrier's General Rules Tariff shall control.
P.A.F reserves the right to change or amend these Terms
and Conditions at any time. If P.A.F makes any changes to
the Terms and Conditions, P.A.F will notify the customer
by posting an announcement on this site.
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LTL rates are based on the freight class determined
by the NMFC (National Motor Freight Classification)
and the total weight of the shipment. The customer agrees to provide P.A.F with the correct freight class and weight of their shipment so that P.A.F may provide the customer with accurate rate quotes. The customer agrees that it is their responsibility to determine the correct freight class and weight of their own shipment. P.A.F may assist the customer in determining their freight class via phone, email or this website, however it is the customer's responsibility to make sure this information is correct by contacting the NMFTA, National Motor Freight Traffic Association, direct or by other means.
FTL rates are based on dock door pickup/dock door delivery
and shipper load/consignee unload and are mileage and
state to state based. Additional charges may apply for
tractor detention, trailer detention, and driver assistance.
Truckload cancellations
require at least a 24 hour notice to avoid a cancellation
fee. In the event P.A.F contracts with an FTL carrier
to pick up a truck load shipment and the Customer does
not tender the load to the carrier, the customer agrees
to pay P.A.F a $200 (usd) cancellation fee.
Air rates are based on actual weight or dimensional
weight, whichever is greater, as determined by the carrier.
Additional charges may apply for oversized air freight.
Van Line rates are determined by state to state, mileage,
weight (actual or density) and product commodity type.
Flatbed rates are determined by equipment type, state
to state, mileage, and weight.
All transit times, for any type of shipment, are estimates
only and do not include the day of pickup, weekends
or holidays. Transit times and Pick up dates are not
guaranteed by P.A.F or the Carrier, unless it is specifically
a guaranteed LTL service from the carrier.
P.A.F makes no guarantee that the rate quotes are accurate. Our partner freight carrier's may change our prices at any time, resulting in a price change to the customer. The customer agrees that quotes are not guaranteed to be accurate and are subject to change at any time.
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Guaranteed LTL Service ensures transit times only,
as provided by the carrier selected. Guaranteed
transit times do not include holidays, no-service
days (as defined by the selected carrier) and pick
up day. Pickup Day is not included in calculation
of transit time.
This service does not guarantee Pickup. In the event
the carrier fails to adhere to the guaranteed service
requested, the
customer shall notify P.A.F. and file a claim in
writing, within 10 business days from the
actual delivery date of the shipment. If P.A.F does
not receive a written claim from the customer within
the notification period, P.A.F will assume the carrier
has met the guarantee service standards. In the
event that the carrier acknowledges their failure
to comply with the guaranteed service requested,
P.A.F will credit customer according to the guaranteed
service agreement.
Under no circumstance, will P.A.F credit the customer
if the customer did not use P.A.F's Bill of Lading.
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The customer warrants to comply 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.
The customer agrees to provide any information
required to comply with such laws, rules and
regulations and attach to the bill of lading
such documents as necessary.
P.A.F assumes no liability to the Customer or
to any other person for any loss due to the
failure of the Customer to comply with these
regulations.
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If the Customer does not correctly complete all documents
required for scheduling a shipment, the Customer agrees
to allow P.A.F, where permitted by law, to complete,
correct or replace the documents for them at their expense.
P.A.F is not obligated to do so.
In the event P.A.F completes a substitute form of Bill
of Lading, in order to complete delivery of shipment,
these terms and conditions will still govern. P.A.F
is not liable to the Customer or any third party for
any actions taken on behalf of the Customer.
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When Customer schedules a shipment through P.A.F and
or the online service, a Bill of lading will be issued
based on the information provided by the Customer. Customer
agrees to only use the Bill of Lading provided by P.A.F. Failure to use P.A.F's Bill of Lading will void their discounted rate quote and result in being charged the carrier's full rate and or a $35 fee. The Bill of lading shall be considered, conclusively,
to have been prepared by the customer regardless of
P.A.F's participation in the creation of such bill of
lading.
All Bills of Lading are NON-NEGOTIABLE. Any unauthorized
alteration, unauthorized use of bills of lading, scheduling
shipments to any carrier other than that designated
by P.A.F, or use of a bill of lading not authorized
or issued by P.A.F, shall void all rate quotes and P.A.F's
obligation to make any payments relating to the shipment.
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All Charges for services are payable in US dollars
and due at the time of ordering/shipment scheduling.
Customer shall provide payment to P.A.F, for total
amount due, by credit card or electronic funds transfer,
before services will be provided. Customers
paying by credit card agree to pay the charges
for shipping services, plus the credit card
merchant processing fee of 4% of the
charged amount (with a $5 minimum) and any
additional charges associated with the transport
of customers shipment, as determined by the
carrier after shipment delivery. Customer agrees
not to dispute charges for transport services
already rendered.
P.A.F has the right to adjust the original quoted
amount of shipping charges, if the original quoted amount was based
upon incorrect information provided by the customer
at the time of the original quote, including but
not limited to incorrect freight class, weight,
dimensions and product description, or if any additional
services by the carrier were required to perform
pick up, transportation and/or delivery of the customer's
shipment.
Customer agrees to be responsible for all charges
payable on account of their shipment, including
but not limited to any type of additional services
requested by customer, any services in the carrier's
General Rules Tariff that were used for the customer's
shipment, charge adjustments due to freight re-classification,
re-weigh or re-size and that such charges will be
automatically debited from customers credit card
or bank account.
The Customer agrees to be jointly and severally
liable for all charges payable on account of their
shipment, including but not limited to any adjustments
issued by the carrier after the shipment, transportation,
fuel, or other accessorial charges, duties, customs
assessments, governmental penalties and fines, taxes,
and P.A.F's attorney fee's and legal costs allocable
to the shipment and or all disputes related thereto.
In the event the Customer is acting as an agent
or broker on behalf of another client, then customer
agrees that they have full authority to do so and
shall be liable, jointly and severally, for all
charges payable on account of clients shipment.
Customer agrees that P.A.F shall have a lien on
any shipment for all sums due from Customer. In
the event P.A.F files a claim with a carrier on
behalf of the Customer and receives payment, P.A.F
has a lien on such funds and may apply these funds
to any amount due to P.A.F by the customer.
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Customer may cancel their booked shipment up to 1 business day prior to their scheduled pick up date.
There is a $50.00 cancellation fee for all cancellations. P.A.F will refund the customer the full amount charged minus the cancellation fee. If Customer cancels later than 1 day prior to the scheduled pick up, P.A.F will attempt to cancel with carrier but cannot guarantee it and customer may be charged for the pick up. If Customer's scheduled pick up date is a Monday, Customer must cancel no later than Friday. P.A.F reserves the right to modify or cancel any shipment at their discretion. |
9. Limitations of Liability
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P.A.F is not liable for any loss, damage, mis-delivery
or non-delivery caused by the act, default or
omission of the the carrier, the customer, or
any other person who has interest in the shipment.
P.A.F is not liable for any loss, damage, mis-delivery
or non-delivery caused by the customer violating
these terms and conditions or the terms and
conditions in the bill of lading or of the carrier's
General Rules Tariff, including but not limited
to: improper or insufficient packaging, securing,
addressing, FAK rating/class indications for
freight discount or failing to adhere to any of the
rules relating to shipments that are only permitted
under certain conditions or shipments not permitted
for transportation.
P.A.F is not liable for any loss, damage, mis-delivery
or non-delivery caused by acts of God, war,
terrorism, riots, strikes, labor disputes, weather
conditions, mechanical delay or defect of aircraft
or other equipment, perils of the air, public
enemies, public authorities, or acts or omissions
of Customs officials. P.A.F is not liabe for
the acts or omissions of any person other than
employees of P.A.F.
Customer agrees that P.A.F's
entire liability, if any, for any claim(s) whether
based on contract, negligence or otherwise,
shall be limited to the fees that P.A.F has
earned with respect to the affected shipment(s).
In no event, will P.A.F be liable for any indirect,
consequential, exemplary, incidental, or special
damages, Including but not limited to loss of
profits or income, whether or not P.A.F had
knowledge of the possibility of such damages,
arising from these Terms and Conditions or relating
in whole or in part to Customer's right's hereunder.
Customer shall defend, indemnify and hold harmless
P.A.F, it's employees, officers and agents against
all third party claims, actions, liabilities,
damages, expenses and costs, including attorney's
fees, arising from any facts or alleged facts
which, if true, would constitute a violation
by customer of these Terms and Conditions.
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10. Warranties
Disclaimer
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P.A.F
makes no warranties, express or implied including,
without limitation, warranties of merchantability
or being fit for a particular purpose, with
regard to shipment deliveries, this website,
information provided on this website or services
transacted on this website.
p.a.f
cannot guarantee delivery of any shipment by
a specific date or time. |
Customer agrees to immediately file any freight claims in
writing directly to the Carrier, no later than 15 days from
shipment delivery date or 5 days if concealed damage, and
notify P.A.F of the claim filing. The selected carrier's
governing General Rules Tariff determines the standard liability
cargo insurance coverage. If the shipment contains freight
with a predetermined exception value, as determined by the
selected carrier, the maximum exception liability will take
precedence over the standard liability coverage.
Customer agrees that the filing of a claim does not relieve
the customer of paying for the freight charges or entitle
them to be refunded. Freight payment is necessary in order
for the carrier to process the customer's claim. P.A.F will
attempt to help in the resolution of claims filed with the
carrier, but has no obligation to do so and no responsibility
or liability therefore.
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12. Cargo / Freight / Shipping Insurance
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P.A.F offers the customer the option to purchase primary
cargo insurance to insure their shipment, for it's full
declared value, against damage or loss during transit. If customer
chooses to decline and not purchase such coverage, the
customer acknowledges and accepts that they will be limited
to only the freight carrier's insurance and legal
liability, which is coverage based on the shipment's
weight (per pound), not full value, and that recovery is
pursuant to the terms and conditions of the selected
carrier's General Rules Tariff and the terms and
conditions of the selected carrier's cargo insurance
policy.
In the event customer does choose to purchase such cargo insurance
through P.A.F and are eligible and approved; coverage
will be underwritten by A + rated Insurers and a
policy/certificate of insurance will be issued with loss
payable direct to the customer (or another party as
indicated by customer). Customer is
bound by the terms and conditions of the insurance certificate
from the insurance company /insurer.
If Customer purchases such cargo insurance through P.A.F, customer
agrees to the terms and conditions of cargo insurance
(click
here to view)
which are included in these terms and conditions herein
by this reference. The Insurance company and P.A.F reserve the right to cancel any insurance certificate/ policy at anytime due to false information being provided by client, such as: misdescription of items being insured, incorrect weight and incorrect value of items being insured; accordingly there will be no coverage in place for cancelled coverage due to misdescription of any kind. Any misdescribed goods will need to be reviewed by underwriters. In efforts to protect the insurance company/underwriter against insurance fraud, P.A.F reserves the right to refuse any order or cancel any insurance certificate/policy for any reason at their discretion. If P.A.F cancels a certificate /policy at their own discretion, the customer will be refunded the full premium paid.
Customer acknowledges and accepts that whether or not
customer purchases cargo insurance, P.A.F is not liable
for loss and damage claims. The carrier transporting the
shipment and or insurance company hold liability.
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P.A.F and the customer agree that these terms and conditions
shall be governed by the procedural laws of the State of
California. In the event of any claim, dispute or
litigation relating to these Terms and Conditions, the Customer
agrees to file in the district court of Ventura County,
California, or in the United States District court for Los
Angeles city and consents to the jurisdiction of the courts
of the State of California, and California law. |
We, P.A.F,
will do our best to provide the customer with the lowest
prices for freight shipping services, however we make no
guarantee that we have the lowest prices online or
compared to any other company or website online or
offline.
The prices/quotes provided within the P.A.F website are
not guaranteed to be 100% accurate. P.A.F takes no
responsibility for these prices as they are provided
from P.A.F's partner carrier's and therefore are subject
to change at any time.
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15. Links to Third Party Websites
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As a convenience to the customer, our site contains links
to third-party websites. As Linked sites are not under the
control of P.A.F, P.A.F is not responsible for the contents
or information contained in any linked site or any link
contained in a linked site.
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P.A.F's privacy policy (click
here to view) is included in these terms and conditions
herein by this reference.
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17. Copyright and Trademarks
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Our sites,
www.freightshippingcenter.com
&
www.pafshipping.com
or parts of them are protected by copyright, and
other trademark laws and may not be copied or imitated
in any way. Nothing from this website may be copied or
retransmitted without written authorization from P.A.F,
in each instance. This includes website design, layout,
information and the logistics of this site. Any
unauthorized use of P.A.F, Pacific Atlantic Freight,
it’s name, domain names, logos, or any other information
regarding P.A.F is expressly prohibited.
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