Terms & Conditions
THIS IS AN IMPORTANT LEGAL DOCUMENT THAT GOVERNS THE TERMS AND CONDITIONS OF YOUR CONTRACT WITH BRIGHTER LOGISTICS PLEASE READ THIS DOCUMENT CAREFULLY.
By tendering a shipment to Brighter Logistics for arrangement of transportation services, the Customer, Shipper and/or Consignee (hereinafter individually and collectively referred to as "Customer") agree to these Terms and Conditions which no agent or employee of any of them may alter except by a written agreement signed by both an officer (and not a mere employee or agent) of Brighter Logistics and the Customer or a person authorized to sign on behalf of Customer. Upon such tender of a shipment, these Terms and Conditions become the Agreement of Customer and Brighter Logistics (the "Parties") with respect to Brighter Logistics ("Services") relating to such shipment ("Shipment").
(1) Freight Brokerage: Brighter Logistics is a Freight Logistics Company which is also known as a "Freight Broker". At no time does Brighter Logistics hold, handle, store or transport freight. Customer acknowledges that Brighter Logistics is a "freight broker" and NOT a "freight carrier".
(2) Freight Carrier: The freight carrier is a duly licensed and registered company that provides all or part of the actual transportation of your Shipment. Such freight carrier or carriers will be subject to all state and federal laws and regulations applicable to the transportation of the Shipment and, therefore, will be exclusively liable for the Shipment. Customer understands and agrees that the freight company or companies that actually transport the Shipment ("Carrier") will be exclusively responsible for the transportation and delivery of the Shipment. Brighter Logistics is not a freight carrier.
(3) You, the Customer, are responsible for: providing accurate weights, sizes and description of the Shipment including the freight class and National Motor Freight Classification ("NMFC") code. Customer understands that all freight rates are quoted for a business to business delivery and from dock to dock. Residential services are available and are charged as an accessorial service. If residential pickup and/or delivery are requested by Customer, Customer warrants the locations will be accessible to carrier equipment. 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 (with NMFC-compliant packaging and a proper address), and to ensure that any flatbed cargo is properly secured and tarped by the Carrier, unless these services have been arranged for by Customer with Brighter Logistics as an accessorial service. Customer also agrees to ensure that the Carrier has obtained any necessary permits for oversize or overweight shipments, unless permitting services have been arranged for by Customer with Brighter Logistics as an accessorial service. Customer AGREES TO PAY FOR ALL SERVICES AS ACTUALLY PROVIDED by Brighter Logistics and the Carrier.
(4) Bill of Lading ("BOL") and Necessary Documentation.
(a) On Less-than-Truckload ("LTL") Shipments: Customer is required to use the Brighter Logistics system generated BOL, which is issued by Brighter Logistics as agent of the Customer. Customer agrees to sign that BOL prior to pickup. Customer must then provide, or cause its cosigner to provide, two (2) copies of the signed BOL to the Carrier at the point of pickup. Customer, or an agent of Customer, shall consign the shipment directly to the actual transporting Carrier. UNDER NO CIRCUMSTATNCES SHALL BRIGHTER LOGISTICS BE SHOWN ON THE BOL AS THE "CARRIER". Accordingly, Customer agrees to hold such Carrier exclusively liable for loss or damages.
(b) On Truckload ("TL") Shipments: A BOL is required, which Customer will print from Brighter Logistics’ customer portal. If not issued by the Carrier, it may be issued by Brighter Logistics as agent for Customer or by Customer itself. In all other respects, the provisions of paragraph 4(a) above shall apply to BOLs for LTL and TL shipments alike.
(5) Necessary Documentation: If Customer does not complete all the documents required for carriage, or if the documents which it submits are not appropriate for the Services, Customer hereby instructs Brighter Logistics, where permitted by law, to complete, correct or replace the documents for it at the expense of Customer. However, Brighter Logistic is not obligated to do so. If a substitute form of BOL is needed to complete delivery of this shipment and Brighter Logistic completes that document, the terms of such BOL will govern. Brighter Logistic is not liable to Customer or to any other person for any actions taken on behalf of Customer under this provision.
(6) BOL and Shipment Terms: Any BOL generated under these Terms and Conditions is NON- NEGOTIABLE, has been prepared by the enrolled Customer itself, or by the Carrier or Brighter Logistic on behalf of Customer, and shall be deemed, conclusively, to have been prepared by Customer. The General Rules Tariffs issued by the Carrier actually providing the transportation of the Shipment will in every instance take precedence over any BOL terms and over Brighter Logistics’ Terms and Conditions stated herein, except that any attempt to designate Brighter Logistics as a "Carrier" shall be void, and provided that the following shall be allowed only under such circumstances as may be specified in Brighter Logistics’ agreement with Carrier: (a) direct billing of rates and charges by Carrier to Customer, (b) recourse by Carrier against any other party to the Shipment for payment of such rates and charges, and (c) exercise by Carrier of any statutory or common-law lien it otherwise might have upon Customer's freight. In the case of conflict between these Terms and Conditions and those set forth by the Carrier's General Rules Tariff, the Carrier's General Rules Tariff shall control with exception and provisos just stated. If a matter is not covered by such General Rules Tariff, however, these Terms and Conditions shall control. Any applicable provisions of the Carrier's General Rules Tariff and Brighter Logistics’ Terms and Conditions including, but not limited to, all liability limitations shall apply not only to the selected Carrier but to its agents and subcontracted carriers.
(7) Customer's Warranties: Customer acknowledges its responsibility to comply with, and warrants it compliance with all applicable state and federal laws, rules, and regulations including, but not limited to, custom laws, import and export laws, economic sanctions (if recognized by the U.S. Government) and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and complete and attach to its Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Brighter Logistics assumes no liability to Customer or to any other person for any loss or expense due to the failure of Customer to comply with this provision. Any individual or entity acting on behalf of Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
(8) Brighter Logistics may cancel this Agreement and refuse to undertake any service on behalf of Customer if any of the following occur: BOL is not signed by Customer, BOL attempts to designate Brighter Logistics as the "Carrier," unauthorized alteration or unauthorized use of the BOL, shipments tendered to any carrier other than that designated by Brighter Logistics, and LTL shipments tendered with any BOL not issued by Brighter Logistics.
(9) Calculation of Rates and Charges: Shipments are rated according to applicable pricing provisions offered by the Carrier, based on shipment information provided by Customer and approved by Customer. Rate calculation includes the type of item(s) being shipped (class), 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 published carrier rates and are conditional based on payment within the Carrier's payment terms. Pricing information in paragraphs (10) and (11) below is based on terms typically available under Brighter Logistics’ agreements with Carriers frequently selected by Brighter Logistics’ customers. If these terms are unacceptable to you, please notify Brighter Logistics before tendering a shipment, specify desired terms, and Brighter Logistics will make commercially reasonable efforts to find a Carrier meeting such terms.
(10) LTL Service: Rates for LTL Shipments are based on origin and destination zip codes, distance, commodity freight class per NMFC, 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 and/or length of truck.
(11) TL Service: Rates for TL Shipments are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Full truckload Shipments include two hours of detention time at pickup and delivery. Additional charges may apply under the Carrier's pricing provisions, including but not limited to Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time typically will be charged by Carriers at $75 per hour, up to $600 per day. A cancellation charge typically will be assessed for all TL shipments cancelled less than four hours prior to the scheduled day and time of pickup at the rate of $350 or 20%, whichever is greater. Expedited rates are based on actual or dimensional weight. If an expedited Shipment contains oversize freight, additional charges and transit days may apply. Blanket Wrap/High Value Goods rates are driven by state to state/mileage, weight (actual or density) and commodity/product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, as determined by the state or states it will transport through, additional charges and transit days may apply.
(12) Guaranteed Transit Time Services: 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 no-service days as defined by the individual Carrier. This service is not guarantee for a particular 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 Transit Time service. Carrier liability for Guaranteed Transit Time shall, at no time, exceed the additional accessorial charge as noted on the invoice. In no case shall Customer hold the Carrier or Brighter Logistics liable for losses, lost profits, lost opportunity, economic damages, expense, or special, consequential or incidental damages Customer may have experienced as a consequence of transit times greater than expected. In the event of Carrier's failure to comply with the Guaranteed Service requested, Customer is permitted 10 business days from the date of invoice to file a claim request in writing with the Carrier in care of Brighter Logistics. If Brighter Logistics does not receive a claim request or receives the request after the allowable 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, Brighter Logistics will credit the account of the said Customer within 48 hours after Carrier has acknowledged liability. In no event shall Brighter Logistics be liable for failure to meet the Guarantee, nor will any account be credited if Customer does not use Brighter Logistics’ Bill of Lading.
(13) Because Brighter Logistics is not a common carrier, it reserves the right, in its sole discretion, to refuse any shipment at any time.
(14) Delay of Shipment: Neither Brighter Logistics or the selected Carrier shall be held liable for delays in delivery caused by accidents, governmental intervention, weather conditions, other acts of God, other causes referenced in the first sentence of paragraph 20 below, or any other circumstances that are beyond the control of Brighter Logistics and/or the Carrier.
(15) Preparation of Shipment: Unless otherwise stated in a special agreement accepted by both Parties, Customer is responsible for proper preparation, packing, load securement and addressing of the Shipment. Unless otherwise stated, Customer is responsible for providing the means to load and unload the Shipment.
(16) Claims and Limitations of Liability: Brighter Logistics does not insure or indemnify Customer against losses, damages, delays or other liability resulting from or incurred in connection with Shipment. In the event of a claim, Customer shall look solely to the Carrier and/or Customer's own insurance in the event of a claim for damage or loss. If Customer is not the consignee, it agrees to cause the consignee to inspect the shipment at the time of delivery, and to document any damage on the delivery receipt prior to signing. Because the transportation of Customer's freight is performed exclusively by the Carrier and not performed by Brighter Logistics, the Customer agrees to hold Brighter Logistics harmless for services (i.e. transportation of freight) performed by the Carrier. Customer agrees to pay Brighter Logistics as per this Agreement regardless of any disputes that may or may not occur with the Carrier. Customer further understands and agrees that it will be subject to, and bound by, the Carrier's specific limitations as to claims, losses and/or damages, and that it will not be able to recover any damages or losses in excess of such limitations.
(17) Third Party Coverage: Although Brighter Logistics is not an insurance company or insurance agent, it will endeavor to assist Customer, on Customer's request, in obtaining third-party coverage through insurers with which Brighter Logistics maintains commercial relationships. Should Customer purchase such third-party coverage through the assistance of Brighter Logistics and subsequently decide to cancel the Shipment after the coverage has been purchased, the fees for third-party coverage are non-refundable and will not be credited to Customer's account.
(18) Although Brighter Logistics is not a carrier and does not assume liability for cargo loss or damage in connection with Shipments it arranges, it will endeavor to assist Customer, on Customer's request, with cargo loss and damage claims as Customer's agent. If Customer desires such assistance, it must file cargo claim in writing with Brighter Logistics within 48 hours of delivery. Brighter Logistics will assist Customer in the submission of Customer's claim to the Carrier, but is in no event responsible for payment of such claims and makes no representation, warranty or guaranty as to the outcome of such claims or the availability of insurance coverage from which the Carrier may pay such claims. The filing of a claim does not relieve Customer of its responsibility for payment of freight charges. Customer's account must be paid in full prior to Brighter Logistics providing assistance to Customer in processing a claim against the Carrier for loss or damage.
(19) Exclusions of Liability: Brighter Logistics is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of Customer or any other party who claims interest in the Shipment, or caused by the nature of the Shipment or any defect thereof. Brighter Logistics is not liable for losses, mis-delivery or non-delivery caused by violation(s) by Customer of any of the Terms and Conditions (as applicable), other applicable provisions in the Bill of Lading, or the requirements of the Carrier's General Rules Tariff. This disclaimer of liability includes, but is not limited to, improper or insufficient packing, securing, marking or addressing, or Customer's failure to observe any of the rules relating to shipments unacceptable for transportation or shipments acceptable only under certain conditions. In order to prevent mis-delivery through tender of freight to imposters purporting to act for a selected Carrier, it is the responsibility of Customer to see that the identity of the pickup driver and the markings on his/her equipment are checked at the point of pickup.
(20) Brighter Logistics is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air or sea, public enemies, public authorities, acts or omissions of Customer or quarantine officials, war, riots, terrorism, strikes, labor disputes, weather conditions or mechanical delay or other failure of aircraft or other equipment. Brighter Logistics is not liable for failure to comply with delivery or other instructions from Customer or for the acts or omissions of any person other than employees of Brighter Logistics. Subject to the applicable limitations of liability contained in these Terms and Conditions, the Bill of Lading and the Carrier's General Rules Tariff, Brighter Logistics shall only be liable for loss, damage, mis- delivery or non-delivery caused by Brighter Logistics own gross negligence. In any event, Brighter Logistics’ liability shall be limited to fees that Brighter Logistics has been paid with respect to the subject Shipment. BRIGHTER LOGISTICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO ITS WEBSITE, INFORMATION PROVIDED ON ITS WEBSITE OR SER VICES RELATED TO TRANSACTIONS CONDUCTED ON ITS WEBSITE. BRIGHTER LOGISTICS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, BRIGHTER LOGISTICS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT BRIGHTER LOGISTICS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
(21) Venue, Forum Selection and Choice of Law: Customer acknowledges that Brighter Logistics is a Freight Broker based in and operating within the State of Arkansas. Except where preempted by applicable federal laws and regulations, this Agreement is governed by the laws of the State of Arkansas, without regard to its choice of law doctrines. Brighter Logistics, Customer and the selected Carrier (pursuant to its separate agreement with Brighter Logistics) agree that the venue for any legal action relating to Services provided by Brighter Logistics or its websites, shall be exclusively in the courts of Pulaski County, Arkansas or in the United States District Court for the Eastern District of Arkansas, Western Division. In the event Brighter Logistics is the prevailing party in any legal action to enforce these Terms and Conditions or to collect payment from Customer, Brighter Logistics shall be entitled to recover its reasonable attorney fees and expenses from Customer.
(22) Payment for Services: 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 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 Brighter Logistics’ attorney fees and legal costs allocable to this Shipment and/or all disputes related to the Shipment.
(23) All Services are charged to Customer's account at the time of dispatch for our prompt-pay discount rates. If payment is not received for Services within Customer's agreed-to terms of account, (a) a one- time reprocessing charge of $50 will be applied to the account and (b) late fees will be 10% of the total amount past due. All funds received by Brighter Logistics will be applied to the oldest (based on pickup date) outstanding invoice.
(24) Should the actual Shipment's description or the actually required Services prove to be different than shown on the BOL, additional charges will be assessed and charged to your account. When paying by credit card or electronic funds, Customer agrees it 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 Customer's credit card or bank account.
(25) Because Brighter Logistics is not the actual carrier, Customer agrees that it will not withhold payment or deny liability for payment to Brighter Logistics for reasons related to disputes with the Carrier.
(26) Method of Payment: Unless you are registered under a plan offering a specialized payment method, Customer must provide a credit card account number which is issued in your name or which you are authorized to use when registering for the Services. This card will be used as your primary method of payment. All payments shall be made pursuant to the terms of the pricing and other information relating to the Services selected. By agreeing to these Terms and Conditions, you are authorizing and directing Brighter Logistics to automatically charge any amounts payable by you in connection with your use of transportation services to the credit card you provided in the registration process or such credit card number you may provide thereafter. It is your responsibility to update the credit card information that you use to pay for the services. If you bill your use of Brighter Logistics' Services to your credit card, your right to use the Services is subject to any limits established by your credit card issuer. If you do not update your credit card information, Brighter Logistics may suspend your use of the Services or, at Brighter Logistics' option, may automatically move you onto another bill payment arrangement. Brighter Logistics may also make other billing options available. If Brighter Logistics makes other billing options available, you agree to abide by terms and conditions applicable to those options.
(27) Changes in Terms and Conditions: Brighter Logistics shall have the right at any time to change or modify the terms and conditions applicable to Customer's uses of Brighter Logistics' Services, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of Brighter Logistics' Services by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.
(28) Severability: In the event that any term, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected.
(29) No Waiver: The failure of Brighter Logistics to insist upon the prompt and punctual performance of any term or condition in this Agreement, or the failure of Brighter Logistics to insist upon or exercise any right or remedy under this Agreement on any one or more occasions, shall not constitute a waiver of that or any other term, condition, right or remedy on that or any subsequent occasion.
(30) INDEMNIFICATION: IN THE EVENT ANY LEGAL ACTION OR CLAIM IS MADE AGAINST BRIGHTER LOGISTICS, OR ANY FINES OR PENALTIES ARE ASSESSED AGAINST BRIGHTER LOGISTICS, ARISING OUT OF ANY ACT, OMISSION OR NEGLIGENCE OF CUSTOMER, CUSTOMER AGREES TO INDEMNIFY AND DEFEND BRIGHTER LOGISTICS AGAINST ANY AND ALL SUCH CLAIMS, DEMANDS, LOSSES, COSTS, OBLIGATIONS, FINES, PENALTIES AND LIABILITES.
(31) Binding Effect: This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns.