Terms and ConditionsBy using this site, you agree to the below terms and conditions of www.ShipTMS.com
Terms and Conditions of Use
This Website is operated by ShipTMS (Transportation Management Supply LLC). ShipTMS is not a freight brokerage but a digital clearinghouse for freight brokers in a search engine format. This page explains what we would like you to know in advance, and is intended for you to refer to when you use our Website.
All information, documents, illustrations, designs, software, logos, and trademarks on our Website are protected by the Copyright Law various treaties and other laws, as a right owned by ShipTMS and affiliates and by a third party. Users of our Website are allowed to reproduce the above Information only for the purpose of personal use and within a limited scope subject to this. Except for the above case or cases set forth in the Copyright Law, no user is allowed to divert the Information for any purpose and in any form such as public transmission, without the copywriter’s approval.
Protection of Personal Information
The participant agrees to hold in strict confidence and to not disclose to any other party information learned in connection with any survey, project, questionnaire or other market research activity related to ShipTMS.
Changes to the Agreement
You agree and understand that these Terms of Service, the ShipTMS Website may be modified at any time without prior notice, and such modifications will be effective upon ShipTMS posting of the new terms and/or upon implementation of the new changes on the ShipTMS Website. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the ShipTMS Website after any modifications indicates your acceptance of the modified Terms of Service.
Cancellation of participation
Cancellation of participation is possible at all times and can be carried out not contacting us for a shipment quote/rate. There is no membership or account fee. ShipTMS also has the right to cancel your account at any time for any reason.
Any shipment processed on your behalf through ShipTMS will adhere to the shipping companies rules and regulations. Shipment refunds cancelled prior to pickup will be subjected to a 20% administrative fee if a BOL has been generated. Any credit card charges processed by ShipTMS will not be charged-back for any reason. Refunds are allowed only if an item has not shipped. Any addition charges by the freight transporter will be automatically charged and account holder will be allowed to dispute charges within 48 hours of charge/notice of adjustment.
Transit times are not guaranteed unless requested and booked that way. Some shipments to and from certain locations may require additional time in transit. For guarantee details, service availability, and delivery time commitments you can request that option.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by ShipTMS.
By Booking shipments via you understand and agree that ShipTMS is not liable for any loss, damage, delayed transit, miss-delivery or non-delivery caused by the act, default or omission of and Freight Broker or Carrier. ShipTMS is not liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. ShipTMS is not liable for losses, miss-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. ShipTMS is not liable for losses, miss-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. ShipTMS is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of ShipTMS.
SHIPTMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. SHIPTMS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE UNLESS BOOKED ACCORDING TO THOSE GUARANTEES. IN ANY EVENT, SHIPTMS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT SHIPTMS HAD KNOWLEDGE THAT SUCH DAMAGES OR DELAYS HAVE OR MIGHT BE INCURRED.
Forum Selection and Choice of Law, Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through ShipTMS’s website, or relating to any and all disputes between ShipTMS and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in the State of Florida and shall be subject to Florida ecommerce law.