Absolute Express, Inc.

Terms & Conditions

Absolute Express, Inc. is a common carrier and a freight broker providing domestic freight shipping services through our own trucks and sometimes partner freight carriers. Our website www.absoluteexpressinc.com provides freight quotes and Absolute Express, Inc. reserves the right to refuse any shipment at any time.

The following is our terms & conditions which govern the relationship between you, the "Customer", and Absolute Express, Inc.

Definitions of Terms

Customer: The term "Customer," as used herein, shall refer to any person using our services, including the customer, shipper and consignee.

The General Rules Tariffs: The term "General Rules Tariff," as used herein shall refer to the terms and conditions of carriage set forth by each carrier in regards to shipment scheduled with such carrier, that govern the relationship between the customer and the carrier.

Service or Services: The term "Service" or "Services," as used herein, shall refer to any serviced provided by Absolute Express, Inc.

Whether through this website or by other means.

Acceptable Use By using this site or our services, the Customer agrees to these terms and conditions as stated herein. The General Rules Tariffs, set forth by the carriers provided within Absolute Express, Inc., will take precedence in all legal proceedings, and when applicable, will take precedence over these terms & conditions. If an issue is not addressed in The General Rules Tariff, then these terms & conditions shall control. Additional charges may apply based on each carrier's General Rules Tariffs.

In the case of conflict between these Terms and Conditions and those set forth by the carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control. Absolute Express, Inc. reserves the right to change or amend these terms & conditions at any time. If Absolute Express, Inc. makes any changes to the terms & conditions, Absolute Express, Inc. will notify the customer by posting on announcement on this site.

Rate Quotes

LTL rates are based on freight class determined by NMFC (National Motor Freight Classification) and the total weight of the shipment. The customer agrees to provide Absolute Express, Inc. with the correct freight class and weight of their shipment so that Absolute Express, Inc. may provide the customer withal accurate rate quotes. The customer agrees that it is their responsibility to determine the correct freight class and weight of their own shipment. Absolute Express, Inc. may assist the customer in determining their freight class via phone, email, or this website; however it is the customer's responsibility to make sure this information is correct by contacting the NMFTA directly or by other means.

FTL rates are based on dock door pickup/dock door delivery and shipper load/consignee unloads and is mileage and state to state based. Additional charges may apply fro tractor detention, trailer detention, and driver assistance. Truckload cancellations are required at least 24 hour notice to avoid a cancellation fee. In the event Absolute Express, Inc. contracts with an FTL carrier to pick up a truck load shipment and the customer does not tender the load to the carrier, the customer agrees to pay Absolute Express, Inc. a $250 cancellation fee.

Flatbed rates are determined by equipment type, state to state, mileage, and weight.

All transit times, for any type of shipment, are estimates only and do not include the day of pickup, weekends, or holidays. Transit times and pickup dates are not guaranteed by Absolute Express, Inc. or the carrier, unless it is specifically a guaranteed LTL service from the carrier.

Absolute Express, Inc. makes no guarantee that the rate quotes are accurate. Absolute Express, Inc. partner freight carriers may change Absolute Express, Inc.'s prices at any time, resulting in a price change to the customer. The customer agrees that quotes are not guaranteed to be accurate and are subject to change at any time.

Guaranteed Services

Guaranteed LTL Service ensures transit times only, as provided by carrier selected. Guaranteed transit times do not include holidays, no-service days (as defined by the selected carrier), and pickup day. Pickup day is not included in calculation of transit time.

This service does not guarantee pickup. In the even the carrier fails to adhere to the guaranteed service requested, the customer shall notify Absolute Express, Inc. and file a claim in writing, within 10 business days from the actual delivery date of shipment. If Absolute Express, Inc. does not receive a written claim from the customer within the notification period, Absolute Express, Inc. will assume the carrier has met the guarantee service standards. In the guaranteed service requested, Absolute Express, Inc. will credit customer according to the guaranteed service agreement. Under no circumstances, will Absolute Express, Inc. credit the customer if customer did not use Absolute Express, Inc.'s Bill of Lading.

Customer's Warranties

The customer warrants to comply 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 provide any information required to comply with such laws, rules and regulations and attach to the bill of lading such documents as necessary.

Absolute Express, Inc. assumes no liability to the customer or to any other person for any loss due to the failure of the customer to comply with these regulations.

Required Documents

If the customer does not correctly complete all documents required for scheduling a shipment, the customer agrees to allow Absolute Express, Inc., where permitted by law, to complete, correct or replace the documents for them at their expense. Absolute Express, Inc. is not obligated to do so.

In the even Absolute Express, Inc. completes a substitute form of bill of lading, in the order to complete delivery of shipment, these terms & conditions will still govern. Absolute Express, Inc. is not liable to customer or any third party for any actions taken on behalf of the customer.

Bill of Lading

When customer schedules a shipment through Absolute Express, Inc. and or the online service, a bill of lading will be issued based on the information provided by the customer. Customer agrees to only use the bill of lading provided by Absolute Express, Inc. Failure to use Absolute Express, Inc.'s bill of lading will void their discounted rate and result in being charged the carrier's full rate and or a $35 fee. The bill of lading shall be considered, conclusively, to have been prepared by the customer regardless of Absolute Express, Inc.'s participation in the creation of such bill of lading.

All bills of lading are non-negotiable. Any unauthorized alteration, unauthorized use of bills of lading, scheduling shipments to any carrier other than that designated by Absolute Express, Inc., or use of a bill of lading not authorized or issued by Absolute Express, Inc., shall void all rate quotes and Absolute Express, Inc.'s obligation to make any payments relating to the shipment

Payment

All charges for services are payable in US dollars and due at the time of ordering/shipment scheduling. Customer shall provide payment to Absolute Express, Inc., for the total amount due, by credit card or electronic funds transfer, before services shall be provided.

Absolute Express, Inc. has the right to adjust the original quoted amount due, if the original quoted amount was based upon incorrect information provided by the customer at the time of original quote, including but not limited to incorrect freight class, weight dimensions, and product description, or if any additional services by carrier were required to perform pickup, transportation, and or delivery of the customer's shipment

The customer agrees to be responsible for all charges payable on account of their shipment, including but not limited to any type of additional services requested by the customer, any services in the carrier's General Rules Tariff that were used for the customer's shipment, charge adjustments due to freight re-classification, re-weigh or re-size and that such charges will be automatically debited from customer's credit card or bank account.

The customer agrees to be jointly and severally liable for all charges payable on account of their shipment, including but not limited to any adjustments issued by the carrier after shipment, transportation, fuel, or other accessorial charges, duties customs assessments, governmental penalties and fines, taxes, and Absolute Express, Inc.'s attorney fee's and legal costs allocable to the shipment and or all disputes related thereto.

In the even the customer is acting as an agent or broker on behalf of another client, then customer agrees that they have the full authority to do so and shall be liable, jointly and severally, for all charges payable on account of clients shipment.

The customer agrees that Absolute Express, Inc. shall have a lien on any shipment for all sums due from customer. In the even Absolute Express, Inc. files a claim with a carrier on behalf of the customer and received payment, Absolute Express, Inc. has a lien on such funds and may apply funds to any amount due to Absolute Express, Inc. by the customer.

Cancellation Policy

Customer may cancel their booked shipment up to 1 business day prior to their scheduled pick up date. There is a $50 cancellation fee for all cancellations. Absolute Express, Inc. will refund the customer the full amount charged minus the cancellation fee. If the customer cancels later than 1 day prior to the scheduled pickup day, Absolute Express, Inc. will attempt to cancel with the carrier but cannot guarantee it and customer may be charged for the pickup. If the customer's scheduled pickup date is a Monday, the customer must cancel no later than Friday.

Absolute Express, Inc. reserves the right to modify or cancel any shipment at their discretion.

Limitations of Liability

Absolute Express, Inc. is not liable for any loss, damage, miss-delivery or non-delivery caused by the act, default or omission of the carrier, the customer, or any other person who has interest in the shipment.

Absolute Express, Inc. is not liable for any loss, damage, miss-delivery or non-delivery caused by the customer violating these terms and conditions or the term of conditions in the bill of lading or of the carrier's General Rules Tariff, including but not limited to: improper or insufficient packaging, securing, addressing, or failing to adhere to any of the rules relating to shipments that are only permitted under certain conditions or shipments not permitted for transportation.

Absolute Express, Inc. is not liable for any loss, damage, miss-delivery or non-delivery caused by acts of God, war, terrorism, riots, strikes, labor disputes, weather conditions, mechanical delay or defect of aircraft or other equipment, perils of air, public enemies, public authorities, or acts or omissions of custom officials. Absolute Express, Inc. is not liable for acts of omissions of any person other than employees of Absolute Express, Inc.

Absolute Express, Inc. shall only be liable for loss, damage, miss-delivery or non-delivery caused by Absolute Express, Inc.'s own gross negligence. The customer agrees that Absolute Express, Inc.'s entire liability, if any, for any claim(s) whether based on contract, negligence or otherwise, shall be limited to the fees that Absolute Express, Inc. has earned with respect to the affected shipment(s).

In no event, will Absolute Express, Inc. be liable for any indirect, consequential, exemplary, incidental, or special damages, including but not limited to loss of profits or income, whether or not Absolute Express, Inc. had knowledge of the possibility of such damages, arising from these terms & conditions or relating in whole or in part to customer's right's hereunder. The customer shall defend, indemnify and hold harmless Absolute Express, Inc., its employees, officers and agents against all third party claims, actions, liabilities, damages, expenses and costs, including attorney's fees, arising from any facts or alleged facts which, if true, would constitute a violation by customer of these terms & conditions.

Warranties Disclaimer

Absolute Express, Inc. makes no warranties, express or implied including, without limitation, warranties of merchantability or being fit for particular purpose, with regard to shipment deliveries, this website, information provided on this website or services transacted on this website. Absolute Express, Inc. cannot guarantee delivery of any shipment by a specific date or time.

Freight Claims

The customer agrees to immediately file any freight claims in writing directly to the carrier, no later 10 days from the shipment delivery date or 5 days if concealed damage, and notify Absolute Express, Inc. of the claim filing. The selected carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage. If the shipment contains freight with a predetermined exception value, as determined by the selected by the selected carrier, the maximum exception liability will take precedence over the standard liability coverage.

The customer agrees that the filing of a claim does not relieve the customer of paying for the freight charges or entitle them to be refunded. Freight payment is necessary in order for the carrier to process the customer's claim. Absolute Express, Inc. will attempt to help in the resolution of claims filed with the carrier, but has no obligation to do so and no responsibility or liability therefore.

Cargo Insurance

The customer acknowledges and agrees that they will be limited to the carrier's standard liability cargo insurance coverage and that recovery is pursuant to the terms & conditions of the carrier's General Rules Tariff.

Governing Law

Absolute Express, Inc. and the customer agree that these terms & conditions shall be governed by the procedural law of the State of California. In the even of any claim, dispute or litigation relating to these terms & conditions, the customer agrees to file in the district court of Los Angeles County, California and consents to the jurisdiction of the courts of the State of California, and California Law.

Our site www.absoluteexpressinc.com or parts of it are protected by copyright, and other trademark laws and may not be copied or imitated in any way. Nothing from this website may be copied or retransmitted without written authorization from Absolute Express, Inc. in each instance. This includes website design, layout, information and the logistics of the site. Any unauthorized use of Absolute Express, Inc.'s name, domain name, logos, or any other information regarding Absolute Express, Inc. is expressly prohibited.

Links to 3rd Party Websites

As a convenience to the customer, our site contains links to 3rd party websites. As linked sites are not under control of Absolute Express, Inc., Absolute Express, Inc. is not responsible for the contents or information contained in any linked site or any link contained in a linked site.

Absolute Express, Inc.'s privacy policy is located at this link... (Click here to view)

Disclaimer

Absolute Express, Inc. will do everything possible to provide the lowest price and best service; however Absolute Express, Inc. does not make guarantees that Absolute Express, Inc. has the lowest prices or the best service.

The quotes provided by Absolute Express, Inc. are not guaranteed to be accurate. Absolute Express, Inc. takes no responsibility for these prices as they are provided from Absolute Express, Inc.'s partner carriers and therefore are subject to change at any time.