Terms and Conditions

Last updated: April 2, 2020 Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://bwalogistics.net website (the “Service”) operated by BWA LOGISTICS (“the company”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Please read these terms and conditions of use before using this Web site and use this Web site only if you agree to these terms and conditions of use. Please note that the Company assumes that you agree to all terms and conditions if you use this Web site. These terms and conditions of use are subject to change without notice, so we request that you confirm the latest terms and conditions of use before using this Web site. Intended Use of Personal Information Copyrights, trademark rights and other intellectual property rights concerning information, content, trademarks, logo marks, etc. posted on this Web site belong to the Company, unless otherwise specified. Materials on this Web site may not be diverted, in part or in their entirety, for other purposes, as they are or in a modified form, or duplicated, except for personal use or within the scope explicitly permitted by laws. Management of Personal Information The Company takes all reasonable care with regard to posting information on this Web site. However, the Company makes no warranty with respect to accuracy, suitability, and/or fitness for particular purpose, or safety of the information on the Web site. The Company may alter or delete the content on this Web site without notice. Also, the Company reserves the right to suspend or discontinue operation of this Web site. Prohibitions The following acts are prohibited when using this Web site.

• Act that violates or that may violate property rights or privacy of a third party or the Company
• Act that causes or may cause disadvantage or damage to a third party or the Company
• Act that is detrimental to reputation of or trust in a third party or the Company
• Act that is or may be offensive to public order or morals
• Criminal act or act that leads to or may lead to a crime
• False declaration or notification, such as registering an email address of someone else
• Sales activities or act for profit, or act to prepare for such actions
• Act involving the use or provision of harmful programs, such as computer viruses, or act that may lead to such actions
• Any other act that violates or may violate laws, regulations or municipal rules
• Any other act that the Company considers to be inappropriate

Links Links to this site are free, in principle. However, the Company may decline a link to the middle of a page or to the content within a page, or a link from a Web site the Company considers inappropriate. The Company shall not be responsible for Web sites of third parties linked from and to this Web site (hereinafter referred to as “linked sites”) and they are operated at the responsibility of respective third parties. You are advised to use linked sites according to the terms and conditions of use of the respective sites. A link between the Company’s Web site and a site of a third party does not indicate that the Company is recommending products, services, or companies featured on the linked site or that a special relationship, such as a partnership, exists between the Company and the linked site. The Company shall not be liable for the content of linked sites or any damage incurred as a result of use of linked sites. Applicable Law and Court of Jurisdiction Use of this Web site and interpretation and application of the terms and conditions of use of this Web site shall be governed by the laws in the United States of America. Disclaimer Use of this Web site shall be at the responsibility of the user.The Company shall not be liable for any direct or indirect loss or damage incurred during the use of this Web site. BWA Logistics (hereinafter referred to as “we”, “us” or “our”) recognizes the need for the proper management of personal information, and we handle such information in our possession in accordance with the following principles:

1. Collection of Personal Information

We will collect and process your personal information (regardless of electronic or non-electronic information) lawfully, fairly and in a transparent manner only to the extent necessary for providing our services or performing our contractual obligations.

2. Data minimization

We will keep personal information adequate, relevant and limited to what is necessary in relation to the purpose for which it was provided. We will not collect personal information in advance or store personal information for future purposes, unless required or permitted by laws or regulations.

3. Intended Use of Personal Information

We will only use the personal information for one or more specified and legitimate purposes. Personal information will not be used or processed in any manner incompatible with those purposes. When we need to use your personal information beyond the scope of such purposes, we shall obtain your consent, except when extended use would be permitted by laws or regulations.

4. Accuracy

We will keep personal information accurate and up-to-date and shall take all reasonable steps to ensure that personal information that is inaccurate will be removed or rectified without delay.

5. Limited retention

We will keep personal information no longer than is necessary for the purposes for which the personal information was provided. Unless otherwise permitted by laws and regulations, personal information that is no longer needed or relevant will be purged or deleted.

6. Management of Personal Information

Your personal information is subject to data secrecy. In managing personal information, we assign an officer in charge of handling personal information and take appropriate and adequate protective measures on a technical and organizational level against unauthorized or unlawful use and processing.

7. Provision to Third Parties

Unless otherwise permitted by laws and regulations, we will not provide your personal information to any third party without your consent. In addition, your personal information will not be transferred to another country or territory unless that country or territory will ensure an adequate level of data protection.

8. Inquiries, Corrections, and Erasure of Personal Information

We acknowledge that you have the right to know which of your personal information we hold and have the right to access your personal information ask for rectification, removal or object to the (automated) processing of it. We will respond promptly in a suitable and reasonable manner to any inquiry from you about your personal information or requests for corrections or erasure.

9. Compliance with Laws and Regulations, and Commitment to this Policy

(About SSL) We use SSL (Secure Sockets Layer) encryption so that you can securely fill in the inquiry form with your information on our website. SSL encrypts the data entered from your computer and transmits it over a network to a registered computer at the other end.   BWA Logistics is operating as a “Freight Broker” licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and other government agencies as required by law. Customer is the party using BWA Logistics services. By electing to use BWA Logistics website and services, Customer agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter.

1. Definition – Freight Brokerage: Customer acknowledges that BWA Logistics is a Freight Broker and NOT a Freight Carrier. Acting as a broker between the Customer and Carrier, BWA Logistics provides access to carrier rates and carrier services. BWA Logistics also ensures all carriers are properly licensed and bonded for all services they provide for the Customer. The Federal Government’s laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to shipments. The courts have upheld this position based on the fact that Freight Brokers are barred from accepting consignment (taking control) of freight – and– Customer consigns (signs over) their shipment directly to the carrier. At no time does BWA Logistics hold, handle, store or transport freight.
2. Definition – Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer’s shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) that transport the shipment(s) is/are exclusively responsible for the transportation and delivery of Customer’s shipment.

• Definition – Customer: You establish yourself as a Customer of BWA Logistics by registering and establishing an account with BWA Logistics, and/or arranging a shipment through BWA Logistics.
  1. The Customer is responsible for providing accurate weights, sizes and description of shipment including the freight class and NMFC code.
  2. Customer understands that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off or pickup.
  3. Residential services are available and are charged as an assessorial service.
  4. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be carrier- equipment accessible.
  5. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service.
  6. Customer agrees to ensure the shipment is properly prepared for transport. Not meeting packing requirements could results in delays and additional charges at the responsibility of the Customer. Freight can be stopped within any stage of the shipping process. The Carrier also has the right to charge a storage fee on the product until a solution has been put in place. These additional fees are the responsibility of the Customer.
  7. The Customer agrees to pay for all services as provided by BWA Logistics and the Freight Carrier(s).
  8. Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes; any sanctioned party scheduling a shipment(s), any party using Customer’s Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer.

1. Bill of Lading (BOL): The Bill of Lading, or BOL, is non-negotiable and has been prepared by the enrolled Customer or by BWA Logistics on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the Carrier(s) that provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the BWA Logistics Terms and Conditions. If not stated within the Carrier’s General Rules Tariff, BWA Logistics 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.
2. Required Use of Bill of Lading: Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting Freight Carrier. Accordingly, the Customer agrees that the consigned Freight Carrier will be exclusively liable for loss or damages. BWA Logistics may choose to cancel this shipping agreement and disavow itself from the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any Carrier other than that designated by BWA Logistics.
3. Accessorial Services: Accessorial services, such as lift gates, are services provided for a fee by the Carrier in addition to the basic transportation of the shipment. Customer agrees to pay for all services requested at time of the booking or any accepted or requested at the time of pickup or delivery. Customer understands that signing the delivery receipt by them or the consignee with services noted as used obligates them to the fees.

• Truck Load Services (TL) rates are based on Dock Door Pickup/Dock Door. Delivery and Shipper Load/Consignee Unload and are state-to-state and mileage based.
  1. Full truckload shipments include two hours of detention time at pickup and delivery.
  2. Additional charges may apply for charges including but not limited to: Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $75 per hour, up to $600 per day.
  3. Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply.
  4. Blanket Wrap/High Value Goods rates are driven by state-to-state/mileage, weight (actual or density), and commodity/product type.
  5. Flatbed rates are based on equipment type, state-to-state/mileage, and weight. If a flatbed shipment contains oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply.

 

• Less Than a Truck Load (LTL): Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, and commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (Including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck. Excess charges will apply, unless otherwise stated on the Customer’s BOL.

1. Quoted Rate: All shipments are quoted, rated, and booked based on information provided by you, the Customer. Factors in this calculation include:
   1. The total weight of the shipment including all packing materials, crating and or pallet.
   2. What is being shipped (commodity) results in a NMFC code and Freight Class.
   3. The packed size of the shipment, its dimensions, and volume of space required.
   4. The type of packing used for the shipment.
   5. The number of items being shipped.
   6. Any special services requested and/or needed.
   7. Guaranteed or estimated transit time.
   8. Commercial or residential pickup or delivery.
   9. Any other applicable accessorial charges (see below).

Note: Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessment’s, penalties, taxes, duties, tariffs, tolls, storage expenses, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses.

1. Open Account: All Registered Customers arranging freight through BWA Logistics must establish an Open Account. All services provided by BWA Logistics, Freight Carriers or Vendors on behalf of Customer will be charged to this account.
2. Billing Adjustments: The Carrier reserves the right to verify a shipment’s weight, size, class, commodity and services provided. If, when the shipment is audited by the carrier a discrepancy is found on the Bill of Lading information that causes the rate to increase, a carrier auditor will supply supporting documentation and a billing adjustment will be made. The customer is responsible for any cost increases and agrees to allow the amount plus an inspection fee to be automatically applied to the invoice. Charges for a weight discrepancy will be calculated based on the price per pound of the original shipment and documented on the ‘Customer Estimate & Agreement’. When a Carrier discovers these items are incorrectly described on the BOL, a carrier auditor will document the differences and a “Billing Adjustment” will be issued. Should this occur, Customer agrees to pay for all documented billing adjustments. Customer agrees that Billing Adjustments (if any) will be automatically added to the Customer’s Open Account with BWA Logistics Billing Adjustments will incur an Inspection Fee of $25.00.

• Customer’s Warranties: Customer warrants their compliance with all applicable state & federal 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.
  1. 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, the Customer hereby instructs BWA Logistics, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, BWA Logistics is not obligated to do so.
  2. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and BWA Logistics completes that document, the terms of this Bill of Lading will govern.
  3. BWA Logistics is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
  4. BWA Logistics 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.
• Guaranteed Transit Time Services: Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only:
  1. When Guaranteed Service is included as an assessorial service, it is inclusive of transit times only as noted by the carrier selected.
  2. 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 time of pickup. Day of pickup is not included in the qualification and calculation of transit time.
• Delay of Shipment: Neither BWA Logistics nor the actual Freight Carrier shall be held liable for delays in delivery caused by; act of nature, war, accidents, weather or delays due to State or Federal intervention or any other circumstance that are beyond the control of BWA Logistics and or the Carrier(s). Such circumstances negate the Guaranteed Transit Time service. Beyond the circumstances noted above, liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge noted on the invoice for this service.
  1. In no case, shall the Customer hold BWA Logistics or the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the expected.
  2. In the event of a Carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the date of invoice to file a claim request in writing with BWA Logistics. If BWA Logistics does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the Carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied.
  3. Exclusions of Liability: Customer agrees that BWA Logistics will not be held liable for any loss, missed 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.
  4. BWA Logistics will not be held liable for losses, missed delivery or non-delivery caused by Customer’s violation(s) 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 failure to observe any of the rules relating to shipments not acceptable for transportation or shipping.
     • BWA Logistics is not liable for losses, missed delivery or non-delivery caused by the acts of God, perils of the air, public authorities, acts or omissions of Customs or quarantine, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment.
     • BWA Logistics 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 BWA Logistics.
     • Subject to the limitations of liability contained in this Bill of Lading and the Carrier’s General Rules Tariff, BWA Logistics shall only be liable for loss, damage, missed delivery, or non-delivery caused by BWA Logistics own gross negligence. BWA Logistics liability therefore shall be limited to the fees that BWA Logistics has earned with respect to the subject shipment.
  5. Limitations of Liability: All shipments are covered under the Carrier’s limited liability coverage as noted below based on either Full Truck Load or (TL) or Less Than a Truck Load (LTL) services (see below Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill). Failure to notate damage may cause forfeiture of the liability claim. The Carrier’s liability coverage only covers damage or loss of the freight shipped, not lost time, labor, or shipping costs.

• Full Truck Load Freight: Truck load (TL) Freight Carriers are required by law to carry a minimum of $100,000.00 of cargo insurance. This coverage protects the Customer from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.
• Less than a Truck Load (LTL): Every booked freight shipment comes with limited liability coverage. The amount of coverage is determined by the carrier and based upon the commodity type. It covers a certain dollar amount per pound of freight. In some situations, the included liability coverage may be less than the value of the shipped goods. Optionally, Customer may choose to secure Freight Insurance from any 3rd party freight insurance company.
• Filing Carrier Claims for Loss or Damage: The Customer must file all freight cargo claims in writing with shipment carrier within 48 hours of delivery. Only the shipper, consignee or third-party owner of the freight may file a claim. Delayed reporting of a claim could forfeit the Customer’s right to a claim. BWA Logistics will assist the Customer in the processing of their claim with the Freight Carrier, when requested by the Customer. The filing of a claim does not relieve Customer for payment of freight charges. Please contact BWA Logistics with details regarding carrier insurance or carrier liability.
• Venue, Forum Selection and Choice of Law: Customer acknowledges that BWA Logistics is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by BWA Logistics were limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of Missouri.

1. The Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by BWA Logistics Understanding this, the Customer agrees to hold BWA Logistics harmless for services (i.e. transportation of freight) performed by the Freight Carrier. Customer agrees to pay BWA Logistics per agreement regardless of any disputes that may or may not occur with the Freight Carrier. Therefore: All parties including BWA Logistics, the Customer and the Carrier agree any claim, dispute or controversy between Customer and BWA Logistics (and/or made by/or against anyone connected with Customer or BWA Logistics or claiming through Customer or BWA Logistics) arising from/or relating to Customer’s use of services provided by BWA Logistics including claims regarding applicability or validity of this provision, shall be governed by the laws of the State of Missouri and that the venue for any dispute shall be legal action relating to services provided by BWA Logistics, shall be filed exclusively in the County Court of Cass County in Pleasant Hill, Missouri. The Customer and BWA Logistics mutually agree that neither the Customer nor BWA Logistics shall be liable or responsible for any legal expense or any other expenses uncured by the other party in defending a claim or dispute between these parties.

• Cancellation of Services: All shipments cancelled by the Customer are subject to a cancellation fee, regardless of the reason for cancellation. Additionally, it should be understood that cancellations as consequence of the Freight Carrier’s refusal to transport a shipment due to improper or unsafe preparation (packing), limited access (location or time), Customer’s failure to perform their responsibilities, or any other unreasonable limitation outside the control of the carrier do not negate the following cancellation clauses.
  1. LTL Shipments: Customer may request cancellation at any time up to 30 days after the original date of dispatch, providing that the shipment has not picked-up or attempted to pick-up. For shipments requiring special services BWA Logistics will offer to arrange transport by appropriate alternative Carrier(s). Charges will be based on actual services as required. Cancelled shipments are subject to any service fees.
  2. Full and Partial Truckload Shipments: Customer may request cancellation at any time up to 30 days after the original date of dispatch, providing that the shipment has not picked-up or attempted to pick-up. If the customer elects to cancel the service after the shipment has been dispatch and Carrier has been assigned, a TONU Fee will be assessed on all trucks ordered, but not used, in addition to any and all fees assessed by the carrier. This includes cancellations and service request changes.
• Changes in Terms & Conditions: BWA Logistics shall have the right at any time to change or modify the terms and conditions applicable to Customer’s use of BWA Logistics, or any part thereof, or to impose new conditions, including but not limited to adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on BWA Logistics website (bwalogistics.net), through electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of BWA Logistics by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions. Binding Acceptance: Acceptance of BWA Logistics TERMS and CONDITIONS is redundantly required in the course of booking each shipment. This occurs by the Customer’s use of BWA Logistics, when registering as a Customer, and/or when tendering a shipment. Additionally, a copy of these TERMS and CONDITIONS is available for reference on BWA Logistics emails and website, BWA Logistics requires the acceptance of these TERMS and CONDITIONS.