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Terms and Conditions of Use
1. Bills of Lading All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by (“AirOceanLand Freight Solutions”) as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by AirOceanLand Freight Solutions, or the use of any Bill of Lading not authorized or issued by AirOceanLand Freight Solutions shall VOID AirOceanLand Freight Solutions’ obligations to make any payments relating to this shipment and VOID all rate quotes. 2. Customer’s Warranties The Customer is responsible for and warrants their compliance 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 furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. AirOceanLand Freight Solutions assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer. 3. Necessary Documentation The Customer is required to use AirOceanLand Freight Solutions’ system generated Bill of Lading. 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 AirOceanLand Freight Solutions, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, AirOceanLand Freight Solutions is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and AirOceanLand Freight Solutions completes that document, the terms of this Bill of Lading will govern. AirOceanLand Freight Solutions is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision. 4. Payment Customer agrees to pay service charges of 19% per month or the highest rate allowed by law (whichever is less) from the due date of each invoice to date of payment on invoices that are past due. Unless otherwise indicated in writing, all Payment is due in US Dollars and payable seven (7) days from the date of billing and issuance of electronic invoice. Customer agrees to receive all invoices electronically to an email designated by Customer. All funds received by AirOceanLand Freight Solutions will be applied to the oldest (based on pick-up date) invoiced BOL that is outstanding. Overpayments shall not accrue interest. In the event AirOceanLand Freight Solutions retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges relating to this shipment. Allowances, discounts, exceptions classes and commodity rates offered by AirOceanLand Freight Solutions on its electronic rater system shall apply only when charges are paid within the maximum period of 30 days from the date of invoice. In the event of default on any invoice, AirOceanLand Freight Solutions has the right to declare all invoices due and payable at once. AirOceanLand Freight Solutions does not settle, consider or handle claims associated with shipments when AirOceanLand Freight Solutions is the third party responsible for freight charges. The filing for a cargo claim against carriers will not relieve payers from the terms on AirOceanLand Freight Solutions’ invoice. Customer will be charged immediately upon notification from carrier when a weight & inspection is performed, for any accessorial services provided by carrier & any additional charges. It is the responsibility of the shipper, consignee, or owner of the merchandise to purchase additional insurance beyond the standard liability of the carriers. The liability coverage listed for the carriers on AirOceanLand Freight Solutions does not apply for used machinery or equipment. AirOceanLand Freight Solutions will supply the bill of lading to shipper which must be given to the driver at time of pick up to ensure proper billing, rating & routing. If AirOceanLand Freight Solutions’ bill of lading is not used correction charges will apply. This may affect the original quoted rate. If a pick up is canceled two options will be offered, 1) Credit memo will be issued for total amount and applied to next shipment: or 2) $25.00 charge will be deducted from original charge when credit applied to card. All Customers are subject to credit approval. AirOceanLand Freight Solutions 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 AirOceanLand Freight Solutions. When paying by credit card or electronic funds, the Customer agrees they 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 the Customer’s credit card or bank account. The Customer shall be liable, jointly and severally, 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 AirOceanLand Freight Solutions’ attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client’s shipment. AirOceanLand Freight Solutions shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. AirOceanLand Freight Solutions 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 pick up, transportation and delivery functions therein. Customer is permitted seven (7) business days from the date of the invoice to dispute any invoiced charges; any such dispute shall be in writing and sent to AirOceanLand Freight Solutions at the following email address: billing@aolfs.org . If AirOceanLand Freight Solutions does not receive a dispute within the allowable seven (7) business days, the disputed item will be denied by AirOceanLand Freight Solutions. Customer authorizes AirOceanLand Freight Solutions to charge any of Customer’s credit card or bank accounts on file with AirOceanLand Freight Solutions 7 days after any invoice becomes post due. Customer agrees that electronic submission of the credit application and/or use of the AirOceanLand Freight Solutions Shipping System constitutes an express agreement to this provision (and all provisions herein). Customer may opt-out of this provision by sending an email to that effect to billing@aolfs.org 5. Claims and Limitations of Liability The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment in full is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to AirOceanLand Freight Solutions to help ensure timely resolution. AirOceanLand Freight Solutions will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact AirOceanLand Freight Solutions for more details regarding carrier insurance or carrier liability. Where AirOceanLand Freight Solutions files damage claim with carrier on behalf of customer and receives recovery funds, AirOceanLand Freight Solutions has a lien on such recovery amounts and reserves the right to apply recovery amounts to open past due invoices on account. This includes recovery amounts received from carrier for freight charges and/or product damage claim amounts. AirOceanLand Freight Solutions is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. AirOceanLand Freight Solutions is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. AirOceanLand Freight Solutions is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading 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. AirOceanLand Freight Solutions is not liable for losses, mis-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 or mechanical delay or failure of aircraft or other equipment. AirOceanLand Freight Solutions 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 AirOceanLand Freight Solutions. Subject to the limitations of liability contained in the Bill of Lading and the carrier’s General Rules Tariff, AirOceanLand Freight Solutions shall only be liable for loss, damage, mis-delivery or non-delivery caused by AirOceanLand Freight Solutions’ own gross negligence. AirOceanLand Freight Solutions’ liability therefore shall be limited to the fees that AirOceanLand Freight Solutions has earned with respect to the subject shipment. AIROCEANLAND FREIGHT SOLUTIONS 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. AIROCEANLAND FREIGHT SOLUTIONS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, AIROCEANLAND FREIGHT SOLUTIONS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT AIROCEANLAND FREIGHT SOLUTIONS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED 6. 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 AirOceanLand Freight Solutions’s website, or relating to any and all disputes between AirOceanLand Freight Solutions and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the Wisconsin Circuit Court, in the county of Milwaukee, or United States District Court for the District of Wisconsin in Milwaukee, and shall be subject to Wisconsin law. With respect to collection of any unpaid invoices, AirOceanLand Freight Solutions may file any claims relating thereto in the County of Milwaukee small claims court. Customer consents to irrevocable personal jurisdiction to all courts stated herein, and agrees to service or process and/or court documents by certified and/or overnight mail with proof of delivery. Notwithstanding the forgoing, AirOceanLand Freight Solutions reserves the right to choose a forum and applicable law at its discretion. 7. Rates LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed. Customer is solely responsible for accurate entry of NMFC information for rating shipments and bears any and all financial responsibility for inaccurate classification and/or weight information. 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 fees may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance. Providing 48-hour notice is given, AirOceanLand Freight Solutions assures coverage of Truckloads within 4 hours of Customer’s requested pickup, excluding weekends and holidays, weather or national emergency. Trade show shipments cannot be guaranteed. If AirOceanLand Freight Solutions is unable to fulfill this pledge, we will credit your account $100.00 USD toward your next Truckload. Truckload cancellations require 24 hour notice to avoid penalty. Once AirOceanLand Freight Solutions has contracted with a carrier to move a truckload shipment, the scheduled load must be tendered to the carrier as requested on the bill of lading at the agreed upon price, or a equipment not used (EON) fee of up to $200 USD will be assessed. 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. 8. Guaranteed Services LTL Guaranteed Services are 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 a guarantee for Pickup. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with AirOceanLand Freight Solutions. If AirOceanLand Freight Solutions does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL 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 of carrier failure to comply with the guaranteed service requested and after the carrier has agreed to liability, AirOceanLand Freight Solutions will credit the account of the said Customer. In no event shall AirOceanLand Freight Solutions be liable nor will any account be credited if the Customer does not use AirOceanLand Freight Solutions’ Bill of Lading. AirOceanLand Freight Solutions has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. In the event of cargo loss or damage, the Certificate Holder is to contact the Claim Agent noted on any Certificate of Insurance immediately. 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 certificate holder must contact the Claims Agent noted on the certificate within 3 days after taking delivery. 9. About AirOceanLand Freight Solutions AirOceanLand Freight Solutions is an third party reseller and billing agent, and not a freight broker or freight carrier. AirOceanLand Freight Solutions reserves the right, in its sole discretion, to refuse any shipment at any time. To the extent they legally apply, the General Rules Tariffs, set forth by the carriers provided as Solutions with AirOceanLand Freight Solutions, will in every instance, as they might legally apply, take precedence in all legal proceedings and when applicable, will take precedence over AirOceanLand Freight Solutions’ TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, AirOceanLand Freight Solutions’ TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers. By Virtue of Customer Submitting This Electronic Credit Application, Using the AirOceanLand Freight Solutions Shipping System, Making a Shipment Scheduled by AirOceanLand Freight Solutions on Customer’s behalf, or utilizing a Bill of Lading generated by AirOceanLand Freight Solutions and/or containing an account designated by AirOceanLand Freight Solutions, Customer Agrees to the Forgoing Terms & Conditions

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