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Terms & Conditions of Service

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.

Definitions of Terms

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.

1. Acceptable Use

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.

2. Rate Quotes

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.

3. Guaranteed Services

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.

4. Customer's Warranties

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.

5. Required Documents

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.

6. Bills of Lading

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.

7. Payment

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.

8. Cancellation Policy

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

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.

10. Warranties Disclaimer

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.

11. Freight Claims

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.

12. Cargo / Freight / Shipping Insurance

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.

13. Governing Law

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.

14. Disclaimer  

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.
 

15. Links to Third Party Websites

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.

16. Privacy Policy

P.A.F's privacy policy (click here to view) is included in these terms and conditions herein by this reference.

17. Copyright and Trademarks

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, itís name, domain names, logos, or any other information regarding P.A.F is expressly prohibited.  

 
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