Terms of Usage (Updated 7/15/2009)
Corporate Address:
CNC Freight, LLC
A Florida Limited Liability Corporation

5781 Lee Boulevard
Suite 208-225
Lehigh Acres, FL 33971

By the use of cncfreight.com / cncfreight.net / and all subsidiaries of CNC Freight, LLC and/or the tendering of this shipment, the enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as (Customer and or Shipper) agrees to these TERMS and CONDITIONS which no agent or employee of the parties may alter.

Definition of Parties and Defined Responsibilities:

CNC Freight, LLC and its subsidiaries are Freight Logistics Companies; also know as a Freight Broker or Freight Agent. The federal government's laws and regulations protect Freight Brokers or Freight Agents from liability claims due to loss or damage. The courts have upheld this position based on the fact that Freight Brokers or Freight Agents are barred from accepting consignment (taking control) of freight. At no time does CNC Freight, LLC or it's subsidiaries hold, handle, store or transport freight. Customer acknowledges that CNC Freight, LLC is a freight agent and NOT a freight carrier.

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.

CNC Freight Terms of Usage -

Customer - Definition

The party that has arranged the shipment is the Customer. The Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code. Customer understands that all online 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 accessorial 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 accessorial 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 CNC Freight, LLC or its subsidiaries and the Freight Carrier(s).

Required Use of Bill of Lading (BOL) The Customer is required to use the CNC Freight, LLC system generated BOL. Customer agrees to sign the BOL provided by CNC Freight, LLC and its subsidiaries. Prior to pickup the 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. 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 CNC Freight, LLC and its subsidiaries, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, CNC Freight, LLC and its subsidiaries are not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and CNC Freight, LLC completes that document, the terms of this Bill of Lading will govern. CNC Freight, LLC is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

The Customer acknowledges their responsible, and warrants their 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. CNC Freight, LLC and its subsidiaries assume 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. CNC Freight, LLC may choose to cancel this shipping agreement and disavow itself from the shipment 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 CNC Freight, LLC shipments tendered with any bill of lading not issued by CNC Freight, LLC.

Calculation of Rates each shipment is rated based on information provided by the Customer and approved by the Customer. Rate calculation includes: the type of item(s) being shipped (N.M.F.C classification), 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 non-published carrier rates and are conditional based on payment within the terms of this agreement.

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.

TL rates are based on equipment type, state to state/mileage and weight. If a shipment contains oversize freight, as determined by the state(s) it will transport through, additional charges and transit days may apply. All rates are based on Dock Pickup/Dock Delivery and Shipper Loads/ Consignee Unloads and are mileage based. Additional charges may apply including but not limited to; Tractor Detention, Trailer Detention, and Driver Assistance. A truck not used charge of $350.00 will be assessed for all TL shipments cancelled less than 6 hours prior to the scheduled day and time of pickup and a cancellation will result in but not limited to the standard 25% cancellation fee and can also include the carrier assessed no use charges.

Truck load (TL) freight carriers are required by law to carrier a minimum of $100,000.00 of cargo insurance. This coverage protects the shipper from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.

The standard liability cargo insurance coverage offered by all less than a truck load carriers booked through CNC Freight, LLC and its subsidiaries is $0.10 cents per pound. As the shipper, you may secure additional freight insurance from any 3rd party freight insurance company of your choice. For your convenience, DSI INSURANCE is a insurance provider. You may also find that your home or business insurance provider offers freight insurance coverage. Freight insurance is also available under the insurance listings of your local yellow pages. The shipper must file all freight cargo claims in writing with CNC Freight, LLC and its subsidiaries within 48 hours of delivery. CNC Freight, LLC will act as liaison and assist the shipper in the processing of their claim with the actual freight carrier. The filing of a claim does not relieve the responsible party for payment of freight charges. Customer’s account must be paid in full prior to processing a claim for loss or damage. Please contact CNC Freight, LLC for more details regarding carrier insurance or carrier liability.

Expedited rates are based on actual or dimensional weight. If an expedited carrier shipment contains oversize freight, additional charges and transit days may apply.

Unless Guaranteed Service is specifically listed as a chargeable accessorial service, delivery times are estimates only. When Guaranteed Service is included as an accessorial service, it is inclusive of transit times only as noted by the carrier selected. Guaranteed Service transit times do not include holiday and/or non 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 Services

Carrier liability for Guaranteed Transit Time shall, at no time, exceed the additional accessorial charge as noted on the invoice. In no case, shall the Customer hold the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the 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 requested in writing with CNC Freight, LLC . If CNC Freight, LLC and its subsidiaries does not receive a claim request or receive 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, CNC Freight, LLC will credit the account of the said Customer within a month after carrier has acknowledged liability. In no event shall CNC Freight, LLC be liable nor will any account be credited if the Customer does not use the CNC Freight, LLC Bill Of Lading.

Unless otherwise stated, Shipper 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.

All shipments are covered under the carrier s limited liability coverage as noted below based on either Full Truck Load or (TL) or Less Than a Truck Load (LTL) services (see below). Shipper may secure additional liability coverage via third party at www.dsiinsurance.com/cargo_quote.asp. Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.

CNC Freight, LLC and its subsidiaries are not liable for any loss, mis- 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. CNC Freight, LLC and its subsidiaries are not liable for losses, mis-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. CNC Freight, LLC and its subsidiaries are 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. CNC Freight, 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 CNC Freight, LLC and its subsidiaries Subject to the limitations of liability contained in this Bill of Lading and the carrier's General Rules Tariff, CNC Freight, LLC and its subsidiaries shall only be liable for loss, damage, mis-delivery or non-delivery caused by CNC Freight, LLC and its subsidiaries own gross negligence. CNC Freight, LLC and its subsidiaries liability therefore shall be limited to the fees that CNC Freight, LLC and its subsidiaries. has earned with respect to the subject shipment. CNC Freight, LLC and its subsidiaries 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 THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. CNC FREIGHT, LLC CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, CNC FREIGHT, LLC AND ITS SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT CNC FREIGHT, LLC AND ITS SUBSIDIARIES HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

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 net 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 accessorial charges. Including, but not limited to all duties, customs assessments, governmental penalties and fines, taxes, and CNC Freight, LLC attorney fees and legal costs allocable to this shipment and/or all disputes related to the shipment All services are charged to your account at the time of dispatch at our prompt-pay discount rates. If payment is not received for services within fourteen (14) days of shipment, 1) a one time reprocessing charge of $45.00 will be applied to the account 2) and all services will be billed at the carrier s standard (undiscounted) rate. Accounts more than 30 days past due will be charged a late payment charge at the rate of 1 ½% per month based on the outstanding balance due. All funds received by CNC Freight, LLC will be applied to the oldest (based on pick-up date) invoiced that is outstanding.
Should the actual shipment's description or services prove to be different than shown on the BOL provided by CNC Freight, LLC and its subsidiaries, additional charges will be assessed and charged to your account. When paying by credit card or electronic funds, the Customer agrees they 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. The shipper understands that CNC Freight, LLC and its subsidiaries are not the actual carrier and as such, the shipper will not deny CNC Freight, LLC payment for reasons related to disputes with the carrier. CNC Freight, LLC reserves the right, in its sole discretion, to refuse any shipment at any time.

Shipper may request cancellation at any time up to 15 days after the original date of dispatch. If the shipper elects to cancel the service, a 25% cancellation and processing fee will be applied. For shipments requiring special services, CNC Freight, LLC will offer to arrange transport by appropriate alternative carrier(s) Charges will be based on actual services as required with full credit applied.

In the event CNC Freight, LLC and its subsidiaries retains an attorney or collection agency for the enforcement of these Terms and Conditions, Customer shall also be liable for all attorneys fees incurred, together with related costs and expenses. Shipper agrees to the laws and regulations of the United States of America and that the State of Florida has sole jurisdiction regarding the execution of this agreement and that the venue for all legal proceedings concerning this invoice and associated services shall be in Lee County, Florida. Shipper shall be liable for legal and collection fees. Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through CNC Freight, LLC and its subsidiaries websites, or relating to any and all disputes between CNC Freight, LLC and its subsidiaries and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the District Court of Lee County, Florida or in the United States District Court for Lee County, Florida and shall be subject to Florida law.