Read about the terms and conditions related to the use of our WEB site, tool and solutions....
Freightideas Use of WEB Site and Tools - Terms & Conditions
Customers and users of our WEB site (hereinafter "Customers and users") agree to the following TERMS AND CONDITIONS and no one person, agent or employee may change in any way, shape or form. The TERMS AND CONDITIONS apply to all uses and access to our WEB site by our customer and users, now or in the future unless these TERMS AND CONDITIONS are modified by the Freightideas S.A. de C.V. The Rules set forth by
Freightideas will in every instance take precedence in all legal proceedings and over Freightideas TERMS AND CONDITIONS stated herein. All Terms shall apply to the selected uses of our WEB site by our customers and users.
Freightideas is a WEB and Internet based tools and solutions service provider for the Freight and Cargo handling industry, and is not a Freight Forwarder, Consolidator, Carrier, or carries out no other similar activity. Freightideas reserves all rights, at its sole discretion, to refuse to allow access to any customers and users, as deemed necessary.
1. Creation of HAWB, MAWB, HBL, MBL and other related documents:
All shipment documents are prepared 100% by the customers and users, at their sole responsibility. Freightideas only provides the tools and solutions to customers and users so that they can carry out the creation of such documents. Any unauthorized use of our WEB and Internet based tools and solutions will automatically terminate, without prior consent from the customer and user, any contractual obligations by Freightideas and will make responsible the customers and users for any claims or liabilities.
2. Warranties:
Regarding warranties, the customers and users are responsible for their compliance with all applicable laws, rules, and regulations. These include but in no way are limited to shipment document preparation, customs documental requirements, import and export compliance, in addition to any local or foreign government domestic, import and export laws, rules and regulations as well as any documental compliance. The customer and users will provide such information, completely with any particular country’s import and export requirement as well as the documents necessary for compliance with such laws, rules and regulations. Freightideas is not responsible to the customers and users or any other person or entity, private or governmental, for any loss, damage or expenses incurred by the customers and users for lack of compliance with any laws, rules and / or regulations. Individuals accessing our WEB and Internet based tools and solutions on behalf of the customers and users are 100% responsible for any misuse or non-compliance with any country’s specific or implied domestic, import and export laws and regulations. Also, each individual warrants that they are acting on behalf of the customers and users, therefore, are jointly responsible for any failure to adhere with the above.
3. Documentation Required:
All customer and users to Freightideas WEB and Internet based tools and solutions are required to generate all the necessary documents needed for the proper execution of domestic, import and /or export shipments in any mode of transport, as provided by Freightideas' tools. If the customers and users do not complete all the documents required, or if the documents which they submit are not appropriate for the services, the customer and user must generate a new set of documents in order to complete the shipment execution as required by any country’s laws, rules and / or regulations. If at any given time the customer and user requests assistance from Freightideas staff in helping to complete any documents, this request may be granted, but at no moment may Freightideas be held liable for any wrong input of information and or documents generated with the information provided by the customers and users.
Therefore, Freightideas is not liable to the customers and users or any other person for any actions taken against or on behalf of the customer under this provision.
4. Payment for Services:
All pricing is effected and payable in US Dollars, unless otherwise agreed previously and in writing, and are due per agreement established between the customer and users and Freightideas. Any payment which is past due may subject the customer and user to an additional late charge of 20% monthly of the average past due amount, or as permitted by law. Payments received by Freightideas must clearly include a detail of the invoices being paid by the customers and users and shall be applied accordingly. However, Freightideas has the right and may apply the incoming funds to the oldest outstanding billing owed by the customers and users. Any amount overpaid shall be notified to the customers and users and / or may be applied to any outstanding amounts due by the customers and users. In the event that it becomes necessary to refer the customers and users to an attorney and / or collection agency for the prompt collection of any past due amounts, all legal expenses incurred and amounts due will be the sole responsibility of the customers and users and will be subject to an additional late fee of up to a maximum of 35% of the outstanding amount. This applies to all customers and users (freight forwarders, LSP operator, carriers, etc). Credit awarded to all customers and users are subject to prior credit verification and approval. Freightideas will perform credit verification at the time the information provided upon enrollment by the customers and users amd any credit awarded is at the sole discretion of Freightideas. If the customer and user elects to pay by check or electronic funds transfer, the customer and user acknowledges and agrees that they will be responsible for the amounts payable, in addition to any adjustments and bank transfer fees. All customers and users are jointly responsible for all charges payable to Freightideas including but not limited to the use of our tools and solutions, specific service requirements, modification, WEB page hosting, consulting, as well as any other applicable charges for services.
Freightideas maintains the right to correct or adjust any amounts previously quoted to the customers and users if the original amount quoted was based on incomplete or erroneous information. All customers are allowed a maximum of 15 days to protest any service charges, after the 15 days period, all invoices are payable in full or as agreed by both parties. If Freightideas does not receive written request from customers and users about any apparent incorrect billing within the 15 days allowed, the invoiced amount being questioned will not be considered for further action by Freightideas.
5. Liability:
If any customers or users should have a claim against Freightideas, the filing of such claim does not relieve them from any obligation to comply to the payment terms for services rendered by Freightideas.All payments are necessary and due based on the service agreement previously established between Freightideas and the customers and users, as such , Freightideas will take charge and assist our customers and users in promptly resolving the matter. Freightideas is not liable in any way for any default or omission of the customers and users and any third parties involved in the execution of the proper shipping documents up to and including , but not limited, to all laws, rules and regulations from any governmental or private institution. Freightideas is also not liable to the customers and users for their failure to comply with user instructions or other instructions set forth.Therefore, Freightideas liability is limited to the fees that has earned with respect to services offered for the last 30 days.
FREIGHTideas MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD THE SERVICES OFFERED OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. IN ANY EVENT, FREIGHTideas SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE FREIGHTideas HAD ANY KNOWLEDGE OF SUCH LOSSES.
6. Governing Law:
Claims and disputes related to the Terms and Conditions, or relating to any and all disputes between Freightideas and the customers and users, Freight Forwarders, Logistics Service Providers and /or Custom House Brokers, or any active customers and users, shall be addressed according to the laws and regulations of Mexico, in particular to those prevailing in Mexico City and are totally subject to the governing laws and regulations.
7. Fees:
Fees are based on the type of services requested by customers and users, and as set forth and agreed upon in the service contract established between both parties.
8. Liability and Insurance:
Freightideas has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims.
9. Contact Information:
For any inquiries regarding these Terms and Conditions, please write to: cservice@Freightideas.com