Terms & Conditions
Terms and Conditions between American Freight Systems also know as: AFS. The owner of the freight also known as: Booking Party, customer, or client. By Booking your freight through American Freight Systems, you are acknowledging that you have read and understand the terms and conditions in accordance with FMCSA.
Contract terms and conditions for Booking Party.
AFS IS NOT THE CARRIER, AFS IS ONLY THE SERVICE PROVIDER. AFS IS NOT RESPONSIBLE FOR BOOKING, QUOTING OR SHIPPING OF FREIGHT. AFS IS NOT FINANCIALLY OR PHYSICALLY RESPONSIBLE FOR ANY DELAYS, BREAKDOWNS, LATE PICK UPS, NO PICK UPS OR DAMAGED FREIGHT. EVERY CARRIER HAS INSURANCE AND YOUR SHIPMENT WILL BE COVERED UNDER THEIR INSURANCE THROUGHOUT THE SHIPMENT. IN ADDITION, YOU ARE ABLE TO PURCHASE INSURANCE THROUGH MYCARRIERTMS.COM'S THIRD PARTY AFFILIATE INSURANCE PROVIDER. AFS IS NOT RESPONSIBLE NOR IS IT OUR OBLIGATION TO CHECK THE STATUS OF YOUR SHIPMENT. ALL BOOKINGS COME WITH CARRIER PRO NUMBERS WHICH CAN BE TRACKED VIA EMAIL; SUPPORT@AFS-BROKERS.COM, SUBJECT: TRACK MY SHIPMENT.. BOOKING PARTY MAY CONTACT CARRIER ANYTIME FOR UPDATES. AFS IS NOT RESPONSIBLE NOR IS IT PART OF OUR SERVICE TO PROVIDE DAILY SHIPPING UPDATES.
1. Booking Party agrees and understands that AFS will contract with other licensed and insured Carrier(s) for the transportation of the shipment.
2. Booking Party agrees that AFS may provide Your contact information to the Carrier for further correspondence and scheduling of vehicle pick up.
3. Booking Party understands and agrees that prices are subject to change due to the fluctuations in the market, including but not limited to all U.S. Tariff Laws. Booking Party agrees that they are solely responsible for the costs related to shipping their freight. Booking Party is responsible for all shipment related charges including but not limited to: fuel surcharge, storage fees, and any other fees related to misrepresentation of shipments class, dimensions, weight, delivery or pick up address, and any other costs related to the shipment. In such case, AFS will charge the Booking Party the Motor Carrier invoice balance and a Twenty Percent (20%) lost commission fee. AFS will inform the Booking Party with a BOL showing the Motor Carrier that will be transporting their freight. The Motor Carrier is chosen by the cheapest rate available between all approved Motor Carriers of AFS. Booking Party agrees not to hold AFS responsible for rate change or any losses related to the transport of Booking Party's freight.
4. The Booking Party will be provided with an estimated pickup and delivery dates. Please note that delays may happen due to weather, road conditions, mechanical problems, etc. AFS is not responsible for any damages or loss occasioned by any kind of delays (including storage fees, which needs to be paid by the Customer).
5. Booking Party will be notified via email as soon as Carrier has been assigned to pick up shipping order.
6. The Booking Party agrees that AFS holds the right to reject or cancel any order for any reason at any time. In addition to the aforementioned terms and conditions, the following also apply to this binding agreement between the Booking Party and AFS.
1. AFS is a registered and bonded property broker with US Department of Transportation.
2. AFS will provide Booking Party with an estimated pickup and delivery dates. However, delays may occur due to weather, road conditions, mechanical problems, etc. AFS is not responsible for any losses occasioned by any kind of delays.
3. If booking party charges back freight charges, the booking party will be responsible for an additional $500 fee in collecting freight charges to be added to your total freight bill. If you have any disagreements on shipping charges, please contact "clientsupport@AFSfreightusa.com", do not file a "charge back" with your bank.
4. Booking Party acknowledges that AFS is NOT the carrier, and that AFS is providing broker services to the booking party for its affiliated Motor Carriers such as YRC, ArcBest, PittOhio, UPS, XGSI, Central Freight Lines and other Logistics Companies to transport Booking Party’s freight.
5. Booking Party acknowledges that AFS will use the best possible carrier at the lowest price between AFS's approved Motor Carriers.
6. Refunds: AFS does not process any refunds once shipment has dispatched. If shipment is cancelled or there are changes, booking party has up to 180 days to ship with AFS as a form of shipping credit for the amount paid by booking party. AFS is not responsible for failed pick-ups, no pick-ups, late deliveries or damaged freight.
7. American Freight Systems is not responsible for any storage fees, accessorial fees, or any other fees related to your shipment.
8. American Freight Systems is not responsible for any delays that occur after booking.
THIRD PARTY APPS/WEBSITES: American Freight Systems is no way related or in partnership with any websites or any companies that are found on our website. American Freight Systems is only a service provider and not affiliated with any other company on our site or any other site.
*Not all shipments qualify. Applies to non-oversize loads. If your shipment does not fit in our parameters, we will not dispatch any trucks until you are sent an estimate for approval. Must pay via Mastercard, Visa, AmericanExpress, or Discover. A 5% processing fee applies to all card transactions.
Disclaimer and Limitation of Liability:
THIS SITE AND ALL CONTENT DISTRIBUTED AND TRANSMITTED ARE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. AFS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, VIRUSES AND/OR CONTAMINATION OF YOUR SYSTEM. AFS FURTHER DISCLAIMS ANY LIABILITY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO CONTENT ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES AND ASSIGNS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE SERVICES OR INFORMATION PROVIDED BY AFS AND/OR THIRD PARTIES.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Fraud:
AFS may suspend or terminate your account if we suspect that You have engaged in fraudulent activity in connection with this Site. Users engaged in soliciting a price quote for a move or bidding on services related to a move may not manipulate the bid price for any shipment or interfere with other Users’ listings or transactions.
Indemnity:
You agree to indemnify, defend and hold AFS and its affiliates and their respective officers, directors, shareholders, owners, managers, members, agents, partners, employees and assigns harmless from and against any and all claims, liability, losses, costs, including, but not limited to, attorney’s fees and any such other fees, arising out of your use of, or the inability to use, the Site and/or the services or information provided by AFS and/or third parties. AFS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You hereby agree to cooperate with AFS in asserting any available defenses.
Governing Law:
This Terms of Use and any relationship developed between the Booking Party and AFS shall be governed by the laws of the State of California without regard to any provision of its laws, which would require the applicable laws of a different jurisdiction. If a claim or dispute shall arise from these Terms of Use and/or the use of the Site, You agree to submit any and all claims or disputes to the personal and exclusive jurisdiction of the federal and state courts of Orange County, California. You agree without limitation to any applicable statute or law that any claim or dispute arising out of, or related to, the use of this Site or these Terms of Use, must be filed within 90 (ninety) days after such claim or cause of action arose or be forever barred. By using our services and agreeing to these Terms of Use, you hereby agree to waive any right to trial by jury in connection with any dispute between You and AFS and/or its affiliates and/or their respective officers, directors, shareholders, owners, managers, members, agents, employees and/or assigns. AFS is not responsible for disputes between Shipping Customers and Motor Carriers.