OVERVIEW
This website is operated by LTS Logistics, LLC. LTS Logistics, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms & Conditions constitute a legally binding contract between the Parties (defined below) and shall apply solely to services provided by LTS Logistics, LLC, a duly-authorized and bonded property broker with the Federal Motor Carrier Safety Administration under MC-966546, on its own behalf and as an agent for any affiliated company, including but not limited to Little Truck Solutions, Inc. (collectively “LTS”), for the arrangement of transportation services in North America as described herein.
All ownership rights, intellectual property rights and other proprietary rights relating to the LTS website belong to LTS. These Terms & Conditions do not entail any assignment of any intellectual property to Customer. Subject to the Terms & Conditions and the due payment of all applicable fees, LTS grants Customer a perpetual, non-exclusive, worldwide, non-transferable license to use the LTS website. The rights granted under this Section are limited to Customer’s internal purposes only. Any use of the website by any third party or for providing services to any third party is strictly prohibited. Notwithstanding the aforesaid, the website may be used by Customer, its subsidiaries and affiliates for their internal purposes. Customer acknowledges and agrees that LTS shall have no liability whatsoever towards Customer hereinunder this provision.
These Terms & Conditions are subject to change by LTS upon posting to LTS’s website from time to time. The most current and controlling version of the Terms & Conditions are published at www.littletrucksolutions.com/terms-service. In tendering a Shipment to LTS for LTS to arrange for the transportation of the Shipment or otherwise engaging the Services of LTS in any other fashion, Customer agrees that the version of the Terms & Conditions in effect at the time the Shipment is tendered to LTS will apply to the Shipment, its transportation by the Carrier, and the Services, which no agent or employee of the Parties may alter. To the extent the Terms & Conditions conflict with a Bill of Lading or other shipping document, the Terms & Conditions shall control. Further, except to the extent the Terms & Conditions conflict with any written agreement between the Parties, the Terms & Conditions shall supersede any alleged or asserted oral agreement, promise, representation, or understanding between the Parties. In the case of conflict between the Terms & Conditions contained herein and those set forth by Carrier’s General Rules Tariff, these Terms & Conditions shall apply.
DEFINITIONS
The following Definitions are used throughout these Terms & Conditions:
1. “Bill of Lading” is the reference to the official shipping document, sometimes completed by Customer or in some cases by the Carrier or other authorized person or entity, accepting the Shipment, authorizing LTS to broker the load for the Carrier to transport the Shipment to said destination, and containing pertinent information about the Shipment such as piece count, weight, quantity, and the like. The Bill of Lading may include, but not be limited to, shipping documents directly referred to and titled as a Bill of Lading, and also other shipping documents commonly used in the industry such as Shipper’s Letter of Instruction, Air Waybill, Delivery Receipt, etc., which duly authorize the Carrier to accept the Shipment.
2. “Bill to Party” is the person or entity to whom the Bill of Lading instructs LTS to issue the invoice to for the Shipment.
3. “Carrier” is the person or entity selected by LTS to actually perform the transportation of the Shipment with its own means of transport under its own motor carrier authority, and subject to carrier liability as a result of an express or implied undertaking to assume such liability.
4. “Consignee” is the person or entity listed as the “ship to” party or to whom the Bill of Lading instructs the carrier to deliver the Shipment.
5. “Customer” or “Shipper” or “you” includes the Person with whom LTS has contracted to arrange to move the Shipment and any Person whom directly benefits from services performed pursuant to the Terms and Conditions.
6. “LTS” , “the Company” , “us” , or “we” means LTS Logistics, LLC, and its affiliated companies, and their respective employees, officers, directors, agents, subcontractors, carriers, and independent contractors performing freight brokerage services pursuant to the Terms & Conditions.
7. “Package” or “Packages” are the customary shipping units as listed on the Bill of Lading including, but not limited to, packages, cartons, pallets, crates, tubes, etc.
8. “Parties” include the Customer, the Consignee, the consignor, LTS, and any other Person having a present or future interest in the Shipment or any Person acting on behalf of any of the above-mentioned parties with respect to a Shipment.
9. “Person” means any individual, corporation, limited liability company, joint venture, trust, partnership or other entity.
10. “Services” means those freight brokerage services performed by LTS on behalf of the Customer.
11. “Shipment” is the total of the Packages and their contents listed and described on the Bill of Lading to be transported by the Carrier, or as amended in subsequent written documentation provided to LTS.
SECTION 1 - Claims and Limitations of Liability
LTS is a freight broker only and not a motor carrier. Customer agrees LTS has no responsibility to transport and deliver Customer’s cargo but is solely responsible for arranging for transportation of Customer’s cargo with a duly-authorized motor carrier to operate in interstate commerce or intrastate commerce as a motor carrier of property.
LTS has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. It is possible that Carrier's governing Rules Tariff determines the Carrier’s liability, limitations of liability, and the amount of excess liability available. If the Shipment contains freight with a predetermined exception value, as determined by Carrier, the maximum exception liability will override the otherwise standard liability coverage.
The Company may assist the Customer in the claim filing process but has no responsibility or liability related to any claim for loss of, damage due, or delay of freight. Carrier is responsible for adjusting, paying, declining, or otherwise resolving freight claims. If the Company is involved, we will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process with 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.
Subject to the limitations of liability contained in the Bill of Lading and Carrier's General Rules Tariff, LTS shall only be liable for loss, damage, mis-delivery or non-delivery caused by LTS’s own gross negligence, provided however, , LTS’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 Carrier's governing General Rules Tariff will apply when determining carrier liability. [RR7] 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, and if not, the Customer shall procure its own cargo insurance. 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 to the Carrier within 30 days after delivery or scheduled 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 Customer, Bill To Party, and/or 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. If payment of claim is made by the Company to Customer, Customer automatically assigns its rights and interest in the claim to the Company so as to allow the Company to subrogate its loss.
In no case will the maximum cargo liability of Carrier be greater than $100,000 for a Truckload shipment. 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 shipments, the Company may offer upon request a cargo coverage insurance policy for purchase by the Customer. In no case will the maximum cargo liability be greater than $100 per shipment on small parcel and/or postal items.[RR9]
Item 680 of the NMFC states that all shippers have the responsibility to package their product in such a way that it can withstand the hazards of normal transportation and handling.
LTS 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 LTS’s WEBSITE, INFORMATION PROVIDED ON LTS’s WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED USING LTS’s WEBSITE. LTS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, LTS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT LTS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, UNLESS LTS EXPRESSLY AGREES IN WRITING TO ASSUME SUCH LIABILITY.
SECTION 2 - GENERAL CONDITIONS
We reserve the right, at Company’s sole discretion, to refuse service to anyone or refuse any Shipment for any reason at any time.
Customer understands its content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in these Terms & Conditions are included for convenience only and will not limit or otherwise affect these Terms & Conditions
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 7 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless LTS from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Customer agrees to release, defend, and hold LTS harmless from any and all liability for freight claims, and Customer waives any right, known or unknown, against LTS for any damage or loss of freight and/or Shipments involving the brokerage services of LTS.
SECTION 9 - SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - TERMINATION
The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 11 - ENTIRE AGREEMENT
The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and the Company and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms & Conditions).
SECTION 12 - GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of South Carolina.
SECTION 13 - CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at our contact page.
Section 15—INDEPENDENT CONTRACTORS
It is understood between LTS and Customer that LTS is not an agent for the Carrier or Customer and shall remain at all times an independent contractor. Customer does not exercise or retain any control or supervision over LTS or its operations, employees, or any Carrier LTS engages. LTS does not exercise or retain any control or supervision over the Carrier or over the Carrier’s operations, employees, or agents. LTS does not exercise or retain any control or supervision over Customer or over the Customer’s operations, employees, or agents.
Section 16—WARRANTIES BY CUSTOMER
Customer is responsible for and warrants its 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. 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. LTS 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.
