This document outlines the **Terms and Conditions** for Enzo Logistics Inc. (“Enzo Logistics”). By engaging with the services of Enzo Logistics, you (“Customer”) agree to be bound by the terms and conditions stated herein. Please read this document carefully.
1. Freight Brokerage: Enzo Logistics operates as a non-asset-based freight brokerage firm, facilitating logistics services. As a freight broker, Enzo Logistics does not handle, store, or transport any goods directly. The Customer acknowledges that Enzo Logistics acts solely as an intermediary between the Customer and the Carrier and is not responsible for the physical transportation of goods.
2. Freight Carrier: The Carrier, a licensed transportation provider, is solely responsible for the shipment’s physical transportation. The Carrier is subject to all applicable federal and provincial regulations. Enzo Logistics is not liable for the actual handling, transport, or delivery of goods, as that responsibility rests solely with the Carrier.
3. Customer Obligations: The Customer is responsible for providing accurate shipment details, including but not limited to weight, size, and freight classification. Incorrect information may result in additional charges. Enzo Logistics arranges business-to-business, dock-to-dock transportation unless specified otherwise. For any additional services such as residential deliveries or special handling, prior arrangement is required, and these may incur extra fees. The Customer is also responsible for ensuring that all goods are properly packaged and prepared for shipment.
4. Bill of Lading (“BOL”): The Customer is responsible for issuing the BOL. Enzo Logistics must not be listed as a Carrier on the BOL. Any unauthorized alteration or misapplication of the BOL will result in denial of claims or rate adjustments.
– For Less-than-Truckload (LTL) Shipments**: The Customer must use the BOL provided by Enzo Logistics.
– For Truckload (TL) Shipments**: A BOL from the Carrier or generated through Enzo Logistics’ platform is required.
5. Required Documentation: If the Customer fails to provide complete documentation for the shipment, Enzo Logistics may, at its discretion, complete or correct the required documents. However, Enzo Logistics is not obligated to do so. Any changes or substitute documentation shall govern the shipment’s handling.
6. BOL and Shipment Terms: All shipments are governed by the carrier’s General Rules Tariff and the BOL. These rules take precedence over any conflicting terms in Enzo Logistics’ Terms and Conditions, except when those terms attempt to designate Enzo Logistics as a Carrier. Enzo Logistics shall not be designated as a Carrier under any circumstances.
7. Customer Warranties: The Customer guarantees compliance with all applicable federal and provincial laws, including customs, import/export, and transportation regulations. Enzo Logistics shall not be held liable for any losses or penalties resulting from the Customer’s failure to comply with such regulations.
8. Right to Refuse Services: Enzo Logistics reserves the right to refuse or cancel services if the BOL has been altered, incorrect Carrier details are listed, or any failure to comply with the terms occurs.
9. Rates and Charges: Rates are based on the shipment details provided by the Customer. Enzo Logistics reserves the right to adjust the charges if discrepancies between the provided and actual shipment details arise or if additional services are required.
10. Less-than-Truckload (LTL) Service: Rates for LTL shipments are determined by factors such as origin, destination, weight, commodity type, and space requirements. Additional services, such as residential pickups or special handling, will incur extra charges.
11. Truckload (TL) Service: TL rates are based on mileage and dock-to-dock delivery. Two hours of detention time at both pickup and delivery are included. Additional detention charges apply beyond this, as do cancellation fees for last-minute cancellations.
12. Guaranteed Transit Time: Guaranteed services are available for an extra fee but only cover transit times, excluding pickup times. Events such as weather conditions or acts of God that cause delays will void the guarantee.
13. Service Refusal: Enzo Logistics reserves the right to refuse any shipment at its discretion.
14. Delays in Delivery: Neither Enzo Logistics nor the Carrier is responsible for delays caused by unforeseen events, such as weather conditions, government actions, or accidents.
15. Preparation of Shipment: The Customer is responsible for ensuring that the shipment is properly packaged and prepared for transportation unless otherwise agreed upon in writing.
16. Claims and Limitations of Liability: Enzo Logistics is a broker and does not assume responsibility for the loss or damage of goods. All claims for loss or damage must be made directly with the Carrier or through the Customer’s insurance.
17. Third-Party Coverage: While Enzo Logistics is not an insurance provider, it can assist in arranging third-party insurance upon request. However, fees for third-party coverage are non-refundable.
18. Claims Assistance: Although Enzo Logistics does not handle cargo claims directly, it can assist the Customer in filing a claim with the Carrier. Enzo Logistics does not guarantee claim outcomes, and the Customer is responsible for paying all freight charges regardless of the claim’s status.
19. Exclusions of Liability: Enzo Logistics is not liable for any loss or damage caused by the Carrier, third parties, or external circumstances beyond its control. Liability is limited to the service fees paid to Enzo Logistics.
20. Disclaimer of Warranties: Enzo Logistics does not provide any warranties, either expressed or implied, regarding delivery timelines or service quality. Any stated delivery times are estimates.
21. Governing Law: This agreement is governed by the laws of the Province of Ontario, Canada. The venue for any disputes shall be in Toronto, Ontario.
22. Payment for Services: The Customer is responsible for payment for all services provided by Enzo Logistics, including any adjustments for additional services or discrepancies in shipment details. Late payments may incur penalties and additional fees.
23. Payment Terms: All services are billed at the time of dispatch. Enzo Logistics reserves the right to charge additional fees for any discrepancies between the BOL and the actual shipment.
24. Credit Card Payment: Customers paying via credit card authorize automatic billing for all fees and charges. Failure to maintain updated payment information may result in service suspension.
25. Changes in Terms and Conditions: Enzo Logistics reserves the right to modify these terms and conditions at any time. Continued use of services following such changes will be considered acceptance.
26. Severability: If any portion of these terms is deemed invalid, the remaining terms shall remain enforceable.
27. Indemnification: The Customer agrees to indemnify Enzo Logistics from any legal claims arising from the Customer’s negligence or actions.
28. Binding Agreement: This agreement is binding upon both parties and their respective successors and assigns.
29. Interpretation: These Terms and Conditions represent the entire agreement between the Customer and Enzo Logistics, superseding all previous agreements or discussions.
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