Terms and Conditions
v0222.1
Muse Freight LLC (hereinafter referred to as “Company”) is a service that simplifies shipping freight
whether truckload, LTL, intermodal rail or domestic air. The Company provides a comparison of rates,
service offerings, liability limits, and transit times of numerous freight carriers and allows automated
transport via ground, air or rail.
The Customer, Shipper and/or Consignee (hereinafter collectively referred to as “Customer”) agree to
these TERMS AND CONDITIONS which no agent or employee of the parties may alter. 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. These TERMS AND CONDITIONS
shall apply to all shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are
altered or amended by the Company. Customer also agrees to these TERMS AND CONDITIONS on behalf
of any third party with an interest in the freight.
The Company is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety
Administration (FMSCA) and/or other government agencies as required by law. The Company reserves
the right, in its sole discretion, to refuse any shipment at any time.
THE COMPANY IS NOT A FREIGHT CARRIER OR AN AGENT FOR A FREIGHT CARRIER.
These TERMS AND CONDITIONS supersede all agreements, representations, warranties, statements,
promises, and understandings of the parties, written or oral, except as stated herein. The General Rules
Tariffs, set forth by the carriers, will in every instance take precedence in all legal proceedings and when
in conflict, will take precedence over these TERMS AND CONDITIONS. Where a Customer enters into a
separate contractual agreement with the Company, only conflicting terms in that agreement will take
precedence over these TERMS and CONDITIONS.
- Bills of Lading
All bills of lading are NON-NEGOTIABLE and have been prepared by the Customer or by the Company 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 the Company, or the use of any bill of lading
not authorized or issued by the Company shall VOID the Company’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 the Company, where permitted by law, to
complete, correct or replace the documents for them at the expense of the Customer. However, the
Company is not obligated to do so. If a substitute form of bill of lading is needed to complete delivery of
this shipment and the Company completes that document, the terms of this bill of lading will govern.
The Company is not liable to the Customer or to any other person for any actions taken or not taken on
behalf of the Customer under this provision.
As it relates to blind shipments, Company agrees to use diligent efforts to ensure that the non-blind
shipment information is not disclosed per the blind shipment requestor’s request. However, Company
does not guarantee that the information requested to remain blind will not be revealed, disclosed
and/or become known and neither Company nor the underlying carrier shall assume any liability to the
blind shipment requestor or any third party for the release of such information, whether or not such
release resulted from the fault of Company. - 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 the Bill of Lading such documents as are
necessary to comply with such laws, rules and regulations. The Company 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. - Payment
All Customers are subject to credit approval. Credit terms are subject to Company’s continued approval.
Company may change credit terms and may establish and/or revise a credit limit at any time when, in
Company’s opinion, Customer’s financial condition, previous payment record, and/or the nature of
Customer’s relationship with Customer so warrants. Upon credit approval, all charges are payable in US
Dollars and are due upon receipt or upon agreed payment terms. Any payment which is past due shall
be subject to an additional charge at the rate of 20% per annum, calculated on a monthly basis, of the
average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever
is less. Overpayments do not accrue interest. In the event the Company 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 owed to the Company relating to this shipment and the Company holds a
warehouseman’s general lien on all tangible personal property for any outstanding balances owed to the
Company.
The Company 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 received at the time of
the original quote, if additional services by the carrier were required, or as otherwise necessary to
perform the pickup, transportation and delivery functions therein. 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. Customer is permitted fifteen (15)
business days from the date of the invoice to dispute any invoiced charges. If the Company does not
receive a dispute within the allowable fifteen (15) business days, the disputed item will be denied by the
Company. - Claims and Limitations of Liability
The Company may assist in the claim filing process. If the Company is involved, they will use
commercially reasonable efforts to assist and cooperate with Customer to investigate and process with
the carrier any freight loss or damage claims occurring in the course of the transportation services
rendered to such Customer. The carrier liability and claims process for any cargo damage, loss, or theft
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. Customer agrees the Company, as a broker only, is not liable for any
damages, except as stated hereafter. To the extent Muse Freight is found negligent, Muse Freight’s
liability is limited to no greater than a refund of the total freight charge payment related to the specific
Bill of Lading in question.
The individual carrier’s governing General Rules Tariff will apply when determining carrier liability. 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 maximum
amount that Customer will receive from carrier on a claim will be that which is recoverable under the
respective transportation tariffs. It is the Customer’s responsibility to ensure the liability limits of the
carrier meet their shipment needs. The Company will not be responsible in any way for claims arising
out of Customer negligence, carrier’s negligence, or the negligence of any third party.
All claims and supporting documentation must be submitted within 15 days after delivery. Claims for
damages that are not readily apparent or noted upon delivery (“concealed damage”) must be submitted
within 3 days after delivery. Customer is responsible to ensure freight is inspected upon delivery and
damage noted accordingly. Claims for damages not noted upon delivery may not be honored. Company
shall not be liable for any actions brought to enforce a claim unless all claims procedures have been
complied with and the action is brought within one 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 payment of freight
charges. Freight payment is necessary in order to process a claim. Customer may not offset freight or
other charges owed to Company against claims for any loss, damage, mis-delivery or non-delivery. The
Company has a lien on funds recovered through the processing of damage claims and may withhold and
offset amounts recovered through such claim processes and apply toward any open past due invoices on
account.
In no case will the maximum cargo liability be greater than $100,000 for a Truckload shipment, unless
otherwise disclosed in writing between Customer and Company. Cargo liability on LTL shipments may
vary by carrier, but in no case will the maximum liability for new goods be greater than $10 per pound,
or for used or resold goods be greater than $0.10 per pound. On LTL and Truckload shipments, the
Company may offer upon request a cargo coverage insurance policy for purchase by the Customer.
The Company is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by
the act, default or omission of the carrier, Customer or any other party who claims interest in the
shipment, or caused by the nature of the shipment or any defect thereof. The Company is not liable for
losses, late-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. The Company is not liable for losses, late 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. The Company 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 The Company. - Rates
LTL rates are based on the freight class as determined by the NMFC (National Motor Freight
Classification) which are based on the actual description, size, and weight of the shipment. Additional
fees may apply for other charges including appointment delivery, reweighs and reclassifications, lift gate
services, inside delivery or various other accessorial services.
Truckload 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. Once the Company 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 truck ordered not used (TONU) fee 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 transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed. - 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.
Shipments not delivered within date/time specified on the bill of lading may not be considered a service
failure when the reason for the delivery delay is deemed as no fault of the carrier. These reasons could
include, but are not limited to, the following conditions: acts of God; the existence of violence, riots,
military action or such possible disturbance as creating reasonable apprehension of danger; acts or
omissions by shipper, consignee, owner of goods or public authority; delays due to customs clearance or
documentation required for movement of shipment; closure of federal, state, city or local roads, streets,
or highways resulting in travel delays by carrier; shipments not accepted by the consignee when offered
for delivery. 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 the
Company. If the Company 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, the Company will credit the account of the said Customer for freight charges
according to the carrier’s guaranteed refund policy only. In no event shall the Company be liable nor will
any account be credited if the Customer does not use the Company’s bill of lading. To the extent Muse
Freight is found negligent, Muse Freight’s liability is limited to no greater than a refund of the total
freight charge payment related to the specific Bill of Lading in question. - Misc.
Unless expressly agreed otherwise in writing, Customer agrees Company may utilize Customer’s name,
logo, trademark, and/or domain name in marketing, advertising, and/or promotional material or
communications.
THE COMPANY 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. THE COMPANY CANNOT
GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE COMPANY SHALL NOT BE
LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR
INCOME, WHETHER OR NOT THE COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE
INCURRED.