Terms & Conditions

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· Unless otherwise specified in a written contract between the Customer and an authorized representative of Five Star Freight Inc. as consideration for the use of Five Star Freight Inc. services Customer and its employees, contractors, agents, representatives, affiliates, parents, and subsidiaries hereby agree to the terms and conditions set forth herein (collectively: the “Terms and Conditions”). The Terms and Conditions are expressly incorporated into the credit application executed by the Customer, any ancillary shipping documents, statements of work and letter agreements, and are binding upon the Customer. A copy of the Terms and Conditions can be found online at https://www.fivestar-freight.com/terms/ and is available upon written request. Customer agrees to the Terms and Conditions in their entirety, and no agent or employee of the parties may change, alter, or in any way transform them. The Terms and Conditions shall apply to all shipments by Customer and all services provided by Five Star Freight Inc. Five Star Freight Inc. reserves the right to alter or amend the Terms and Conditions, and Customer agrees that Five Star Freight Inc. provision of services to Customer after any such changes constitutes sufficient consideration for them. Customer shall review the Terms and Conditions on a periodic basis such that it stays informed of any changes.

 · Payment

Five Star Freight Inc. must receive payment of all charges within thirty (30) days from the date Customer receives an invoice from Five Star Freight Inc. For purposes of calculating the payment’s due date, Customer will be considered to be in receipt of the invoice upon the earliest of the confirmation, In the event the payment is not received within thirty (30) days, Customer agrees that interest shall accrue daily and be payable to Five Star Freight Inc. at the interest rate of 1.5% per month together with any and all collection costs, including attorney fees. The invoice shall be paid in full, and shall not be subject to any deduction, counterclaim, delay in payment, or offset by Customer, whether on account of overcharges, cargo loss, damages, amounts owed by Five Star Freight Inc. or otherwise. All disputed charges shall be reconciled separately with Five Star Freight Inc. or the non-affiliated broker or carrier. However, if Five Star Freight Inc. does not receive a written dispute within thirty (30) business days after the date listed on the invoice as the invoice date, the disputed charge will be denied by Five Star Freight Inc. The Customer is liable for all charges payable on account of its shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) or service provider after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Five Star Freight Inc. attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Customer agrees to pay any convenience fees charged by Five Star Freight Inc. or its parents or affiliates related to the payment of services via credit card or other electronic payment methods. Five Star Freight Inc. shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. Five Star Freight Inc. reserves the right to amend or adjust the original quoted amount or re-invoice 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 or service provider were required or otherwise authorized by Customer to perform the pick-up, transportation and delivery functions therein. Five Star Freight Inc. reserves the right, at its sole discretion, to refuse any shipment at any time.

· Limitation of Liability and Handling of Claims

Customer understands and agrees that Five Star Freight Inc. is not a motor carrier or an employee or agent of a motor carrier. It does not physically transport freight. Five Star Freight Inc. is an authorized Broker, as that term is defined in 49 U.S.C. 13102. Customer authorizes Five Star Freight Inc. to act in its capacity as a Broker, and arrange, or offer to arrange, the transportation of freight by an authorized motor carrier. Customer understands and agrees that Five Star Freight Inc. will act solely in its capacity as a Broker. Any insurance purchased for the benefit of Customer is purchased directly by the actual carrier of the freight. Customer shall pursue the actual carrier for its claims and acknowledges that its losses shall be subject to that carrier’s limitation all load tenders to Broker shall be considered to have a value of $100,000 or less for purposes of carrier insurance. Five Star Freight Inc. is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by the act, default or omission of the carrier, Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Five Star Freight Inc. is not liable for losses, late-delivery or non-delivery caused by violation(s) by the Customer of any provisions contained in a bill of lading, contract, these Terms and Conditions, or the carrier’s tariff or terms and conditions, Five Star Freight Inc. cannot guarantee delivery by any specific time or date. In any event, Five Star Freight Inc. shall not be liable for any special, punitive, incidental or consequential damages, including but not limited to business interruptions and/or loss of profits or income. Five Star Freight Inc. is not liable for losses, late 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, mechanical delay or failure of aircraft or other equipment, or any other act beyond. All claims must be submitted in writing with all required documentation within 6 months from the delivery date in a damage claim, or within 6 months of the bill of lading delivery date in the event of a loss. Claims submitted after this period will not be accepted under any circumstances. The fees charged by TA Services, including freight charges, shall not be subject to deduction, setoff, or delay in payment by Customer due to a claim of loss or damage. The filing of a claim does not relieve Customer or its consignee or intermediary for payment of freight charges. Claims and freight charges are separate transactions. Without payment of freight charges, the transportation contract has not been completed and a claim cannot be considered or paid. In the event of a loss, Five Star Freight Inc. will make reasonable efforts to provide Customer with the information necessary for Customer to file a claim with the transporting motor carrier or unaffiliated service provider. All cargo claims should be filed immediately and directly with the actual carrier or responsible party, with contemporaneous notice to Five Star Freight Inc., to help ensure timely resolution.