Terms of service

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As of Nov 24, 2024 these terms have been superseded by the terms of service posted at: https://bluetrucklogistics.com/terms

Any agreements referencing this page will be construed to be referencing the current terms at the website address above.

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Shipping Terms and Conditions

Applicability. The following terms and conditions (the “Terms”) shall govern all services provided to you by Blue Truck Logistics, Inc. and its affiliates (collectively, “Blue Truck”), including, without limitation, all freight arrangement or transportation services for shipments tendered by you to Blue Truck. Please read these Terms carefully before placing any order for services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. BY PLACING AN ORDER FOR SERVICES, YOU AGREE THAT ANY DISPUTES BETWEEN US WILL BE GOVERNED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Modifications. Blue Truck reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time. Such modifications will be effective immediately upon posting the revised terms and conditions and will apply to any order for services placed after the modification thereof. Any orders placed prior to modification will be governed by the terms in effect at the time the order was placed.
Service. Blue Truck agrees to arrange for transportation of your freight pursuant to these Terms and in compliance in all material respects with applicable federal, state, and local laws and regulations relating to the brokerage or transportation of your freight. Blue Truck agrees that it will perform the services in a professional and workmanlike manner in accordance with industry standard practices.
Shipper Obligations. **** You acknowledge and agree that you are required to provide timely and accurate delivery specifications and description of the cargo, including, but not limited to, dimensions, weight, and any special handling requirements, and you are also required to employ reasonable measures to reduce the risk of damage in transit. Shipments should be packaged and protected in accordance with industry standard practices. Blue Truck shall not be responsible for damages caused by your negligence in preparing the item for shipment.
Rates and Charges. Rates will be determined at the time of booking, and you will receive a rate confirmation following booking. You agree to pay the rates and charges set forth in your rate confirmation, including any and all accessorial charges, which are currently available here (as may be amended from time to time).
Invoicing and Payment. Unless you are approved for a credit account, payment is due for all charges prior to shipment. If you are approved for a credit account, you will receive an invoice following completion of your shipment. All invoices are due within 14 days of the invoice date without deduction or setoff, and you pledge any goods in transit as collateral for payment. Further, by tendering a shipment to Blue Truck you authorize Blue Truck to charge any payment methods that you have placed on file or used with prior payments, including credit card and EFT debit, on your invoice due date. A late fee of the lesser of 3% per month, calculated daily, or the maximum rate allowed by applicable law shall apply to all past-due balances. You hereby irrevocably release all freight claims on shipments where payment is more than 14 days past due. Should any invoice come more than 30 days past due, your credit account shall be automatically canceled; all invoices shall be immediately due; and prepayment shall be required for any in-transit freight and future orders. Payment of the freight charges to Blue Truck shall unconditionally relieve you, consignee, or other responsible party of any liability to brokered carriers for non-payment of its freight charges.
Cancellations and Order Modifications.
1. Order Modifications. You may make a request to change the delivery location prior to delivery, and if you timely do so, Blue Truck will attempt to modify the shipping instructions. However, Blue Truck makes no guarantees or assurances that an order may be modified after it has been picked up. Order modifications may be subject to additional charges, and you will receive an additional rate confirmation for any such changes. Once a shipment has been delivered, if you would like to have the shipment sent to a new location, new shipping charges will apply.
2. Cancellations. You may make a request to cancel a shipment at any time prior to the shipment being picked up. If you timely do so, Blue Truck will attempt to cancel the shipment before it is picked up for delivery. However, Blue Truck makes no guarantees or assurances that an order may be cancelled. Your order is not cancelled until you receive a cancellation confirmation from Blue Truck.
3. Refusal of Delivery. You are purchasing one-way shipping services. If you or the consignee refuses delivery, you will be subject to additional, return shipping charges.
Bills of Lading and Shipping Receipts. Any terms contained in a bill of lading or shipping receipt (including, but not limited to payment terms or rates) inconsistent with the terms of this Agreement shall be ineffective; these Terms and the applicable rate confirmation shall control. In addition, you expressly waive, pursuant to 49 U.S.C. § 14101(b), any rights or remedies that you may have, if any, under Chapters 137 and 147 and any other provisions of 49 U.S.C. Subtitle IV, Part B, or under any similar state law, to the extent such rights or remedies conflict with the terms of this Agreement.
Cargo Claims.
1. You must file claims for cargo loss or damage with Blue Truck within fifteen (15) days from the date of such loss, shortage, or damage and respond to each subsequent Blue Truck inquiry or information request within 30 days. Blue Truck shall not be responsible for any damages for claims filed late or for any claimants who fail to timely respond to Blue Truck inquiries. In addition, in the event of freight claims:
  1. Visible damage must be noted and documented at the time of receipt, and a timely claim must be filed, as set forth above. Concealed damages must be reported within 15 days of receipt, and the goods must be retained in their original packaging for inspection. No damage claims may be made for any damage to glass, marble, slate, or stone materials unless you or the consignee has inspected the item at the time of delivery and the damage has been documented as of such date.
  2. Unless you have purchased additional valuation coverage entitling you to a higher reimbursement rate, you will be eligible for reimbursement for damages at a rate of $0.60 per pound per item damaged; provided, however, that all damaged items are subject to “right to repair”, whereby Blue Truck or the carrier for the delivery may elect to perform a repair to the damaged freight in lieu of paying for damages at the applicable reimbursement rate. Items will be repaired to factory or industry standards using closest available market parts or substitutes.
  3. Maximum liability for damaged freight or product shall be limited to the lesser of their declared value (on the applicable bill of lading or other shipping documentation), if applicable, or the actual cost of the goods, excluding any profit or overhead on the item(s). You agree to submit to Blue Truck the actual cost of goods as part of any claim for damages. For items not manufactured by you, the cost of goods shall be the invoice cost of the items paid by you, excluding any profit or retail mark-up. In the absence of the availability of cost data, you agree that 35% off the retail price of the damaged goods is a reasonable cost for cost of goods.
  4. Notwithstanding the foregoing or anything herein to the contrary, (i) Blue Truck assumes no liability for defect or inherent vice of the property, including susceptibility to damage because of atmospheric conditions, such as temperature or humidity or changes therein, or for items outside of their original manufacturer’s packaging where such items are made of pressboard, particle board, or engineered wood (due to the fact that such materials or furniture are inherently susceptible to damage); and (ii) total liability for (a) antiques and (b) items made of glass, marble, slate, or stone materials shall not exceed the cost of shipment hereunder unless, with respect to the foregoing items listed in subpart (ii)(b), such items are appropriately shipped in a hard-sided crate with sufficient interior padding.
  5. Subject to the limitations of liability contained in these Terms, Blue Truck accepts liability for property damage due to negligence occurring in the course of delivery and will make settlement with harmed individuals directly in accordance with these Terms.
2. Maximum aggregate liability for items shipped on a single truck originating from your facility shall not exceed $5,000, regardless of the number of deliveries being shipped, unless otherwise provided in a separate written agreement for which you have declared a value for the shipment and Blue Truck has accepted a higher liability for such shipment in a signed writing (provided, however, that antique items, which are defined as items manufactured more than five (5) years prior to shipment, are ineligible for additional valuation coverage, and total liability for such items shall be limited as set forth herein).
The remedies set forth above shall be your sole and exclusive remedy and set forth Blue Truck’s entire liability for damages to your shipment cargo.
Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 9 (CARGO CLAIMS) ABOVE, IN NO EVENT SHALL BLUE TRUCK OR BLUE TRUCK’S CONTRACTED CARRIER BE LIABLE TO SHIPPER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DELIVERY FEE REFUNDS, STORE CREDITS, OR CONSUMER DISCOUNTS, THAT RELATE TO LOSS, DAMAGE, OR DELAY TO A SHIPMENT OR LOSS PROFITS OR REVENUES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR UNFORESEEABLE OR WHETHER OR NOT CARRIER WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, BLUE TRUCK MAKES NO REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Confidentiality. All non-public, confidential or proprietary information of Blue Truck, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Blue Truck to you, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the services and these Terms is confidential, and shall not be disclosed or copied by you without the prior written consent of Blue Truck. Confidential Information does not include information that is (i) in the public domain; (ii) lawfully known by you at the time of disclosure with no obligation of confidentiality; or (iii) rightfully obtained by you on a non-confidential basis from a third party.
Delivery Timing and Force Majeure. Other than for expedited service, all shipment time estimates are non-binding estimates and transit is made on a “best effort” basis only. Blue Truck and its carriers shall not be liable for delay caused by highway obstruction, faulty, or impassable highways, or lack of capacity of any highway, bridge, or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than their own negligence; nor shall Blue Truck or any carrier be bound to transport by any particular schedule, means, vehicle, or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward the freight by any carrier or route between the point of shipment and the point of destination. The full invoice for shipment shall be payable upon completion of delivery, regardless of transit times, delays, reschedules, or separated freight. Furthermore, except with respect to your payment obligations hereunder, neither party hereto shall be liable to the other for failure to perform any of its obligations under this Agreement during any time in which such performance is prevented by fire, flood, or other natural disaster, war, embargo, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of you or Blue Truck, provided that the party so prevented provides reasonable notice to the other party of such inability to perform.
Dispute Resolution; Arbitration. In the event of an unresolved dispute or controversy arising out of these Terms, you and Blue Truck agree to first engage in informal dispute resolution for a period of sixty (60) days (the “Informal Dispute Resolution Period”), including mediation, if necessary. If the parties are still unable to resolve such dispute or controversy during the Informal Dispute Resolution Period, the parties agree that any remaining unresolved dispute or controversy shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for Virtual Expedited Arbitrations. For more information on initiating disputes, please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute please contact [email protected]. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Any question or matter of arbitrability of a dispute shall be determined by the neutral(s) assigned to, or chosen for, such dispute from the New Era Platform panel of neutrals. For clarity, this means any determination of (A) the enforceability of all or any provision of this Agreement, including, but not limited to, any claim that all or any such provision is void or voidable, and (B) whether a dispute regarding the provisions of this Agreement shall be governed by arbitration, in each case, shall be determined solely by the neutral(s) provided by New Era Platform and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum. Any arbitration, if any, shall be commenced within two (2) weeks from the date either party provides written notice to the other party of such claim.
General Provisions. All questions concerning the construction, interpretation, validity, and enforceability of these Terms, whether in a court of law or in arbitration, shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. In the event that a court of competent jurisdiction determines that any provision of these Terms is unlawful or unenforceable, then such provision shall be reformed to be enforced to the maximum extent permitted by law. If such provision may not be so reformed, it shall be severed from the Terms, and the remainder of the Terms shall remain in full force and effect. No waiver of any provision of these Terms shall be effective unless explicitly set forth in a writing signed by an authorized representative of Blue Truck. No waiver any provision of these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other provision of these Terms on any future occasion. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this agreement, including, but not limited to the following provisions: Limitation of Liability, Confidentiality, Dispute Resolution; Arbitration, and General Provisions. Blue Truck is an independent contractor, and these Terms shall not be construed to create any association, partnership, joint venture, employment, or agency relationship between you and Blue Truck or any carrier for any purpose. Each party has no authority (and shall not hold itself out as having authority) to bind the other party, and neither party shall make any agreements or representations on the other party’s behalf without the other party’s prior written consent. You acknowledge and understand that you will be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder. These Terms, including any rate confirmations for orders placed hereunder, set forth the entire agreement between you and Blue Truck with respect to its subject matter as of the date hereof and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, related to the same subject matter.

Updates to these terms will be posted to this page with an updated effective date, and apply to all shipments tendered after the effective date.