QUALITY TRANSPORTATION SERVICES (QTS) is licensed as a freight broker by the Federal Motor Carrier Safety Administration and/or other government agencies as required by law and, as a licensed broker, arranges for freight transportation. The “SERVICE” referred to herein is QUALITY TRANSPORTATION SERVICES’ Freight Brokerage Services wherein we connect willing shippers and customers with willing motor carriers for the movement of freight. QUALITY TRANSPORTATION SERVICES IS A FREIGHT BROKER AND NOT AN AGENT FOR ANY TRANSPORTATION PROVIDER. The term “You” or “Yours” refers to QTS’s Customers and/or Shippers who utilize QTS’s services.

 

The carrier is responsible for the actual transportation services provided. All transit times and routes are determined by the carrier and QTS is not responsible for the accuracy or completeness of that information. All transit times are estimates only and do not include the day of pickup. QTS makes no representations or warranties regarding pickups and deliveries and cannot guarantee pickup or delivery by any specific date or time.

 

Any applicable general rules tariffs on shipments (“Tariffs”), established by the carrier used to transport the freight, may take precedence over these TERMS AND CONDITIONS. The Tariffs are generally available through the carrier’s website.

 

QUALITY TRANSPORTATION SERVICES reserves the right to alter these TERMS AND CONDITIONS from time to time. The most recent version of these TERMS and CONDITIONS is made available on the website. These TERMS AND CONDITIONS apply to all shipments and supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as expressly stated herein. If a Customer enters into a separate contractual agreement with QTS, only conflicting terms in that agreement will take precedence over these TERMS AND CONDITIONS. Your continued use of the Website or Service following posting of any changes to these Terms of Use constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms and Conditions at the start of each transaction. If you do not agree to these revised Terms and Conditions, do not hire us to tender freight to Motor Carriers.

 

QUALITY TRANSPORTATION SERVICES may suspend or terminate its services if QUALITY TRANSPORTATION SERVICES believes YOU are in breach of these TERMS AND CONDITIONS. QUALITY TRANSPORTATION SERVICES has the right, in its sole discretion, to refuse any shipment at any time.

 

To the maximum extent permitted by law, YOU hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these TERMS AND CONDITIONS will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies YOU have, and QUALITY TRANSPORTATION SERVICES’ liability is limited as set out in these TERMS AND CONDITIONS or as permitted by applicable law.

 

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, hazardous materials laws, import and export laws, and governmental regulation of any state and country to, from, through or over which the shipment may be transported.

 

If applicable, the Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. The Customer is obligated to inform QUALITY TRANSPORTATION SERVICES at the time of shipment tendering if any shipments contain hazardous materials. The Customer further warrants that it will immediately advise QUALITY TRANSPORTATION SERVICES if its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules, and regulations.

 

QUALITY TRANSPORTATION SERVICES does not accept and the Customer agrees not to tender any shipment containing certain classifications of hazardous materials (including but not limited to Class 1, Class 2.3, Class 4.3, Poisonous/Toxic Inhalation Hazards in Class 2, 3, 4, 5, 6, and 8, Class 6.2, Class 7, and regulated and medical waste).

 

QUALITY TRANSPORTATION SERVICES assumes no liability to the Customer or any other person for any loss or expense due to the failure of the Customer to comply with these provisions. The Customer agrees to indemnify, defend, and hold QUALITY TRANSPORTATION SERVICES harmless for any and all loss, liability, claim, damages, or suit arising from Customer’s noncompliance with the restrictions and/or requirements of these Terms and Conditions.

 

The carrier liability and claims process for any cargo damage, loss, theft, or delay from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively (“Cargo Claim Liability Terms”). Cargo claims can be denied and/or the amount paid can be less than the value of the shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released value provisions, limitations of liability, or applicable common law exceptions to liability. The Customer agrees QUALITY TRANSPORTATION SERVICES as a broker is not liable for any damage, loss, theft, or delay, except as stated hereafter. To the extent QUALITY TRANSPORTATION SERVICES is found negligent for any cargo damage, loss, theft, or delay, QUALITY TRANSPORTATION SERVICES’ liability is limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, QUALITY TRANSPORTATION SERVICES’ liability shall be limited to the fullest extent otherwise permitted by law. QUALITY TRANSPORTATION SERVICES will not be responsible in any way for claims arising out of the Customer’s negligence, the carrier’s negligence, or the negligence of any third party. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight.

 

In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the value disclosed by the Customer or $100,000, whichever is less.

 

QUALITY TRANSPORTATION SERVICES may, but is not obligated to, assist the Customer in the claim filing process. A complete and detailed claim and all required supporting documentation must be submitted by the Customer in writing to the carrier or QUALITY TRANSPORTATION SERVICES no later than six (6) months after delivery or expected delivery. QUALITY TRANSPORTATION SERVICES shall not be liable for any actions brought to enforce a claim unless all claim procedures have been complied with and the action is brought within one (1) year after the date the carrier first disallowed all or part of the claim. The filing of a claim does not relieve the responsible party for the payment of freight charges. Freight payment is necessary to process a claim. The Customer may not offset freight or other charges owed to QUALITY TRANSPORTATION SERVICES against claims for any loss, damage, mis-delivery, or non- delivery. QUALITY TRANSPORTATION SERVICES has a lien on funds recovered through the processing of cargo claims and may withhold and offset amounts recovered through such claim processing and apply toward any open past due invoices on account.

 

Any claim or litigation relating to these TERMS AND CONDITIONS, relating to any shipment scheduled or tendered through QUALITY TRANSPORTATION SERVICES’s WEBSITE OR SERVICE, or relating to any and all disputes between QUALITY TRANSPORTATION SERVICES and the Customer, shipper and/or consignee shall be filed in the jurisdiction of the State or Federal Courts within the State Of California located in Orange County and shall be subject to California law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.

 

QUALITY TRANSPORTATION SERVICES’ sole responsibility is to provide the SERVICE, subject to these TERMS AND CONDITIONS. QUALITY TRANSPORTATION SERVICES’ sole liability for direct damages are limited to QUALITY TRANSPORTATION SERVICES’s negligent acts or omissions or QUALITY TRANSPORTATION SERVICES’ material breach of these TERMS AND CONDITIONS and are limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, QUALITY TRANSPORTATION SERVICES’ liability shall be limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUALITY TRANSPORTATION SERVICES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY OF THE AFOREMENTIONED DAMAGES.

 

Disclaimer:

 

All rate quotes provided by QTS are estimates only and are subject to change without notice. Final rates are influenced by a variety of factors including, but not limited to, carrier availability, fuel surcharges, market fluctuations, seasonal demand, lane capacity, and regulatory changes. As a third-party freight broker, we do not guarantee carrier pricing and cannot be held liable for rate changes that occur prior to load confirmation. Rates are only considered final once confirmed in writing by QTS and accepted by all parties involved.