Terms & Conditions | Star American Freigh

TERMS AND CONDITIONS

This document serves as a legal agreement outlining the terms and conditions under which you, as the customer, engage the services of Star American Freight Brokers Inc. (referred to as "Star American"). By using Star American's services, you agree to adhere to these terms and conditions.

Freight Brokerage Role: Star American operates as a non-asset based freight broker, licensed and registered with the Federal Motor Carrier Safety Administration (FMCSA). We do not directly handle, store, possess, or transport freight. As a customer, you acknowledge that Star American acts solely as a broker, not as a freight carrier.
Carrier Responsibilities: Any transportation of your shipment will be carried out by a duly licensed and registered carrier. This carrier is solely responsible for the shipment's transportation and delivery. Star American is not a carrier and therefore holds no liability for the shipment once in the carrier's possession.
Customer Obligations: You are responsible for accurately providing shipment details including weight, size, dimensions, freight class, and NMFC code. Rates quoted are for business-to-business, dock-to-dock deliveries. Residential services incur additional charges. You must also ensure proper preparation and packing of shipments, compliance with carrier requirements for oversize or overweight shipments, and payment for all services rendered.
Bill of Lading (BOL): You are required to provide the BOL to the carrier. Star American is not responsible for any issues arising from unauthorized alteration or misuse of the BOL, or if the BOL is not authorized or issued by Star American. The carrier, not Star American, should be listed as the “Carrier” on the BOL.
Necessary Documentation: In cases where documents are incomplete or inappropriate, you authorize Star American to amend them at your expense, though we are not obligated to do so.
BOL and Shipment Terms: The BOL prepared is non-negotiable and is considered to be prepared by you. The Carrier’s General Rules Tariff will take precedence over the BOL terms and Star American’s Terms and Conditions, except for designations of Star American as a “Carrier” which are void.
Customer Warranties: You warrant compliance with all applicable laws, rules, and regulations, and agree to furnish necessary documentation for such compliance. Star American is not liable for any loss due to your failure to comply.
Cancellation and Refusal of Service: Star American reserves the right to cancel this agreement or refuse service if there are issues with the BOL, unauthorized alterations, or if shipments are tendered to carriers not designated by Star American.
Rates and Charges: Shipping rates are calculated based on the information you provide and the pricing provisions of the carrier. Star American reserves the right to amend charges based on incorrect information or additional services required.
LTL and TL Services: Rates for Less-than-Truckload (LTL) and Truckload (TL) shipments are based on various factors such as distance, weight, and the nature of the freight.
Guaranteed Transit Time Services: Delivery times are estimates unless Guaranteed Service is purchased as an additional service. In case of service failure, claims must be filed within specific timeframes.
Right to Refuse Shipment: Star American reserves the right to refuse any shipment at any time.
Delay of Shipment: Neither Star American nor the carrier is liable for delivery delays due to uncontrollable circumstances.
Preparation of Shipment: You are responsible for proper shipment preparation unless a special agreement states otherwise.
Claims and Liability Limitations: As a broker, Star American is not liable for loss or damage to goods. Liability falls upon the carrier.
Third-Party Insurance Coverage: Star American can assist in obtaining third-party coverage upon your request, but the fees for such coverage are non-refundable.
Claims Assistance: Star American can assist with cargo loss and damage claims as your agent, but is not responsible for the outcome.
Exclusions of Liability: Star American is not liable for any loss, damage, or non-delivery caused by various factors beyond our control.
Disclaimer of Warranties: No warranties are made regarding deliveries or website services.
Legal Jurisdiction: These terms are governed by the laws of the State of New York. Legal actions must be brought in specified courts in New York.
Payment for Services: You agree to pay for all services provided, with billing based on actual shipment details.
Payment Terms: Payment methods and terms are outlined, including consequences for late payment.
Changes to Terms and Conditions: Star American reserves the right to modify these terms and conditions.
Severability: If any part of this agreement is deemed invalid, the remainder will remain in effect.
No Waiver: Failure to enforce any part of this agreement does not constitute a waiver.
Indemnification: You agree to indemnify Star American against any legal actions or fines arising from your actions.
Binding Effect: By purchasing services, you agree to be bound by these terms and conditions.
Interpretation: These terms supersede all prior agreements except where specifically stated otherwise.