UNLESS AND TO THE EXTENT OTHERWISE SPECIFIED IN WRITING BETWEEN APPLICANT AND BRONCO TRANSPORTATION SERVICES LLC (“SELLER” or “BRONCO”), AS CONSIDERATION FOR THE USE OF BRONO’S SERVICES AND/OR THE ADVANCEMENT OF CREDIT, APPLICANT(S) INDIVIDUALLY, JOINTLY AND SEVERALLY (“Customer”), AGREE(S) TO THE TERMS AND CONDITIONS SET FORTH BELOW.
The Customer agrees to these TERMS AND CONDITIONS, of which no agent or employee of the above parties may change, alter, or amend in any way. These TERMS AND CONDITIONS shall apply to all shipments by Customer. BRONCO reserves the right to alter or amend these TERMS AND CONDITIONS.
Rates – Less Than a Truck Load (“LTL”) rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. Truck Load (“TL”) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional charges may apply for charges including but not limited to, Tractor Detention, Detention, Driver Assistance, and Layover. Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit days may apply. Van Line 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, additional charges and transit days may apply. All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.
Terms of Payment - All Customers are subject to credit approval. BRONCO intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of BRONCO. Subject to approval of Customer’s credit, net payment shall be due 15 days from invoice date unless otherwise noted in writing. Past-due invoices are subject to a service charge, calculated on the outstanding balance, at the lesser of (i) the rate of one and one-half percent (1.5%) per month or (ii) the highest legal rate authorized by applicable law. The service charge is not intended as an alternative to payment when due, and upon delinquency further purchases may be declined and the Customer’s account may be referred for collection. Customer agrees to pay all costs including reasonable collection costs, attorney’s fees and expenses related to the enforcement of applicant’s obligations hereunder.
The Customer is liable for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and BRONCO’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Customer agrees to pay any convenience fees charged by BRONCO Transportation Services LLC related to the payment of services via credit card or other electronic payment methods.
Unless otherwise agreed, broker’s scheduling shipments for clients shall be liable, jointly, and severally, for all charges payable on account of such client's shipment. BRONCO shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. BRONCO reserves the right to amend or adjust the original quoted amount or re-invoice the 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 were required or otherwise authorized by the Customer to perform the pickup, transportation, and delivery functions therein. When paying by credit card or electronic funds in advance of the shipment (“Pre-Pay”), the 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, may be automatically debited from the Customer's credit card or bank account. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If BRONCO does not receive a written dispute within the allowable thirty (30) business days, the disputed item will be denied by BRONCO. This information can be provided to you prior to booking any shipment, or any time after the shipment. BRONCO reserves the right, at its sole discretion, to refuse any shipment at any time.
Warranties - Customer acknowledges its responsibility to comply with, and warrants its compliance with all applicable state and federal laws, rules, and regulations including, but not limited to, customs 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. BRONCO 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.
Bills of Lading - All Bills of Lading (“BOL”) are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by BRONCO on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by BRONCO, or the use of any Bill of Lading not authorized or issued by BRONCO, shall VOID BRONCO’s obligations to make any payments relating to this shipment and VOID all rate quotes. 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, pick up or destination requested, the Customer hereby instructs BRONCO, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, BRONCO is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and BRONCO completes that document, the terms of this Bill of Lading will govern. BRONCO is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
BRONCO may cancel this Agreement and refuse to undertake service on behalf of Customer if any of the following occur: BOL is not signed by Customer, BOL attempts to designate BRONCO as the “carrier”, unauthorized alterations or unauthorized use of the BOL, shipments tendered to any carrier other than that designated by BRONCO.
Limitations of Liability and Claims - BRONCO does not insure or indemnify Customer and/or Customer’s subsidiaries, affiliates, directors, officers, employees, and agents 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 by BRONCO, the Customer agrees to hold BRONCO harmless for services (i.e. transportation of freight) performed by the Carrier. Customer further agrees to pay BRONCO 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.
BRONCO will attempt to assist in the resolution of freight claims, but has no responsibility or liability related to any claim. All freight cargo claims should be submitted immediately to BRONCO to help ensure timely resolution. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading/delivery receipt. If the loss or damage is not apparent (concealed), the Customer must contact BRONCO within 3 days after taking delivery. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim.
BRONCO is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by the act, default or omission of the carrier, Customer, Customer’s subsidiaries, affiliates, directors, officers, employees, and/or agents, or any other party who claims interest in the shipment or caused by the nature of the shipment or any defect thereof. BRONCO is not liable for losses, late-delivery or non-delivery caused by violation(s) by the Customer and/or Customer’s subsidiaries, affiliates, directors, officers, employees, and agents of any of the TERMS AND CONDITIONS contained in the Bill of Lading, this Agreement, 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. BRONCO is not liable for losses, late delivery or non-delivery caused by the acts of God, perils of the air, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, 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. BRONCO 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 BRONCO.
Subject to the limitations of liability contained in the Bill of Lading, BRONCO shall only be liable for loss, damage, mis-delivery, or non-delivery caused by BRONCO’S own gross negligence. BRONCO’S liability therefore shall be limited to the fees that BRONCO has earned with respect to the subject shipment.
BRONCO 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. BRONCO CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, BRONCO SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT BRONCO HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
BRONCO is only a freight broker. BRONCO is not a freight carrier as it does not transport cargo. Therefore, regardless of the terms and conditions of the freight carrier that performs the transportation services for the Customer, any liability of BRONCO shall be at most equal to the liability of the freight carrier, but under no circumstances shall it exceed the limitations of liability set forth in these TERMS AND CONDITIONS. These TERMS AND CONDITIONS, however, shall not serve to affect or limit the liability of the freight carrier performing the transportation services for the Customer. Instead, the terms and conditions of the freight carrier shall control the rights and responsibilities between the Customer and the Freight Carrier. If you have any questions regarding carrier insurance or carrier liability, please contact BRONCO for more details.
Forum Selection and Choice of Law - Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through BRONCO’S website,or relating to any and all disputes between BRONCO and the enrolled Customer, shipper and/or consignee and/or brokers for any enrolled Customer, shipper and/or consignee, shall be governed by laws of the State of Michigan to the extent not governed by federal law. All controversies, claims, actions, suits, or proceedings arising hereunder shall be brought in the jurisdiction of the federal and state courts sitting in the State of Michigan and Customer waives any defense of forum non conveniens.
Changes to Terms & Conditions – Customer agrees to be bound by all of the terms, conditions contained in this application. BRONCO may modify the terms and conditions of this application from time to time, by posting the most up to date terms and conditions on www.broncotrans.com/tc. Such changes shall be effective for all transactions between BRONCO and Customer after the date of the posting.
CUSTOMER’S SIGNATURE ON THE BRONCO CREDIT APPLICATION ATTESTS SOLVENCY, ABILITY AND WILLINGNESS TO PAY OUR INVOICES IN ACCORDANCE WITH THE TERMS ESTABLISHED.
CUSTOMER REPRESENTS AND WARRANTS THAT IT/SHE/HE HAS BEEN DULY AUTHORIZED TO MAKE THE STATEMENTS CONTAINED HEREIN AND TO BIND THE CUSTOMER TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND FURTHER REPRESENTS AND WARRANTS THAT THE INFORMATION SET FORTH ABOVE (INCLUDING, WITHOUT LIMITATION, ANY ADDITIONAL SHEETS ATTACHED HERETO) AND IN THE FINANCIAL STATEMENTS DELIVERED IN CONNECTION HEREWITH ARE TRUE, CORRECT AND COMPLETE.