fretcot User’s Terms & Conditions (UTC)

Welcome to the frecot web platform conditions. Before using the frecot platform please read these conditions carefully. By accessing the fretcot web-platform, any person or legal entity you represent are subject to any restrictions by law or under this User Agreement. The User’s terms and Conditions (UTC) are explicitly accepted by the customer and form an integral part of the contract concluded between the customer and fretcot, and all services are strictly subject to these (UTC) and superseded any customer or third-party terms and conditions.

CONTRACTING PARTIES

Fretcot is an online freight quotation for Air and Ocean Transportation services based in Miami, USA. The company fretcot is acting as an online intermediary agent between you and freight forwarding companies (Third Parties) which are IATA for Air shipment or NVOCC licensed for Ocean transportation. When you are placing an order through fretcot, the actual freight forwarding contract is entered between you and the relevant freight forwarding entity. fretcot is not a party to the freight forwarding contract. fretcot not being a party to the freight forwarding contract and in its capacity of a mere intermediary, the freight forwarder hereby disclaims any liability to you, your affiliates or any other party in connection with the performance of the freight forwarding services. You acknowledge that you have no legal recourse to fretcot in connection thereto. If, notwithstanding the above, a competent court determines that we should be liable to you, then the terms and conditions of the freight forwarder Entity, including its limitations of liability, shall be applicable to us as well.

You will not use fretcot platform for purposes other than obtaining freight quotations and placing transport orders. Without limiting the generality of the foregoing, you will not: breach or circumvent any, use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old).

CONCLUSION OF CONTRACT

Customer and fretcot communicate with each other electronically and acknowledge and agree that electronic communication is a proper means for concluding contracts and agree not to contest the validity of the contracts on the basis (1) they were concluded by electronic communication, (2) that the original records are in electronic form, or (3) that no signature(s) evidence such contracts. (4) You acknowledge that an electronic signature may be used in lieu of a signature affixed by hand, and that such a signature shall have the same validity and effect as the use of a signature affixed by hand.

You acknowledge that the use of the fretcot platform for an approved transaction shall be sufficient to constitute the customer’s signature, and the customer’s acceptance and the applicability of these terms and conditions to such approved transaction.

OFFER AND ACCEPTANCE

Pricing, transit time and all quotation offers and information obtainable via fretcot web platform are not guaranteed and do not constitute binding offers on the part of fretcot.  Quotes are the result of ad-hoc calculations based on the services requested by the customer in accordance with the shipment information provided by the customer. The pricing shown on the quote is related to the particularly requested service package and is valid for 5 days. Any transit time shown in the quotation is indicative and non-binding. It is derived from historical shipment data based on inter alia, respective data trade lane, or product parameters chosen and covering a standard course of transportation. The real transit time can differ. Delays can occur due to extraordinary events and circumstances beyond fretcot or the freight forwarder, or sub-contractor’s control. The shipment Information provided by the customer during the quotation process has equally no binding effect. The quote provided by fretcot does not include any confirmation of details such as but not limited to a particular traffic routing and uses of particular subcontractors and or agents, nor it makes any presentation regarding availability of service at any point in time.

Quotes are applied to stackable cargo, any cargo including dangerous goods, perishable, live animal, valuable, temperature controlled, oversized, over-length, out of Gauge, or any special cargo, may be subject to special conditions, and additional costs not specified in the website quotation results may be informed by fretcot team at the a final acceptance, re-quote offer and proposal for you to place the order and pay.

All cargos are subject to carrier approval. In case of carrier company policy limitation, capacity, cancellation, equipment change, load ability rejection or restrictions, fretcot team will try to offer alternative options as per the market availability and won’t be responsible for any extra costs if any related to the carriers conditions and availability, change of equipment, capacity limitation or cancellation.

Charges are calculated on actual or dimensional weight, whichever is greater. (Air Ratio is 1tons equals 6cbm, Ocean ratio is 1tons equals 1cbm) Dimensional weight is based on industry standard volume ratio and relevant law of usage, unless explicitly agreed otherwise in a separate agreement with fretcot at time of quotation. An increased chargeable or reduced chargeable weight may be charged to customer due to cargo dimensions, such as vehicle, aircraft engine etc…. Any prices, charges, fees charged to the customer by fretcot may differ to the prices quoted by the freight forwarder, third party, subcontractors or carriers charged to fretcot.

Quotation does not include special charges, such as but not limited to insurance premiums, inspection charges at origin and destination, duties and taxes, legalization expenses and heavy lift charges. Any such fees will be charged extra, unless agreed only if a written agreement has been concluded between fretcot and the shipper. Fretcot or the freight forwarder performing the shipping shall be under no obligation to return the packaging material unless agreed by written confirmation from fretcot.

Pick up charges are only valid for non-bonded truck; in the case of bonded cargo some additional charges may apply.

1. Once you are decided to book and provided your contact information, you will receive an automated response per e-mail, confirming the receipt of your offer. Such automated response is not an acceptance of the offer from fretcot.

1. After the automated e-mail, fretcot will send via e-mail a final acceptance, re-quote offer or rejection of the offer and a proposal for you to place the order and pay.

1. Once you have submitted the payment corresponding to the chosen quotation, you have placed the order, and a freight forwarding contract is entered between you and fretcot partner freight forwarder entity. Your shipping contract will exclusively be under the terms and conditions of such freight forwarder Entity. You can check the Freight forwarder contract by way of a link. fretcot is not a party to such freight forwarding contract. If the freight forwarder has commenced the performances, upon conclusion of a legally binding contract any cancellation of the services by the customer does not release from agreed duties. You also agree to pay any additional charges or fee that may arise inter alia, in the form of customs duties, taxes, special equipment charges, special pick up charges or delivery, and additional storage charges after 24hours or as per local free time storage or equipment lease period.

1. After reception of your cargo at the freight forwarder facility or third party, your cargo will be reweighted, and dimensions and number of pieces will be confirmed to you with a warehouse receipt. If the dimensional weight differs and are over from the weight you have stated at Booking/payment time, fretcot will charge you such difference and pass on the freight forwarder. You agree to pay such costs difference within 2 business days of notification. Fretcot reserves the right to charge any reasonable storage fees until such payment is made. If the weight stated are under the weight you have provided at the time you have placed your order, fretcot will reimburse you the difference via company check within maximum 15 days.

1. Unless otherwise agreed, any fee or charge, whether new or existing, with regards to the services and imposed or increased at any time by any government agency, carrier, or other third party will be passed on in full to the customer, plus duties and taxes. This may also include, among others, customs related fees, ad valorem charges, a percentage of the CIF value, and any government-imposed warehousing or storage fees.

1. Unknown shipper/Consignee may be subject to additional security procedures and regulations. Any additional charges caused by unknown shipper status, X-Ray screenings, or accessorial charges will be extra charges, and fretcot and the freight forwarder accepts no liability whatsoever in any such case. The freight forwarder reserves the right to open and inspect your cargo to check if the merchandises declared are corresponding to the goods actually shipped. In the case the goods differ, the freight forwarder may refuse to ship your cargo, or propose to ship it at different costs related to the specific commodity you are shipping. The freight forwarder will not be responsible for any extra costs, rejection and cancelation related to such matter.    

8. You agree that you will comply with any reasonable regulations of fretcot and the freight forwarder, or subcontractor, relating to handling, carriage, storage or forwarding of shipment which are notified in writing from time to time.

CANCELLATION OF SHIPMEMT AFTER THE FREIGHT FORWARDER HAS STARTED TO PERFORM THE SHIPPING PROCESS

In the case the shipper has to cancel a shipment for any reasons, after the freight forwarder has started to perform the shipping process, fretcot will reasonably charge and invoice the customer in full for any job duties started to be performed, plus an additional 20% of the total amount of the shipment total forwarding costs from destination to arrival corresponding to administration cancellation fees. Such cancellation must be requested in writing and dated by the shipper. The shipper must inform the location he wants to pick up his cargo or the place he wants the cargo to be delivered. Fretcot and the freight forwarder will process to the cancellation of the shipments in the fastest time possible. Customer must understand that some transportation fees, storage, charges may occur between the time the cancellation order is given, and the shipment is actually stopped and retroceded to the shipper. The shipper agrees to pay the extra costs generated by such instructions of cancellation.   

THE CUSTOMER IS RESPONSIBLE FOR THE INFORMATION HE IS PROVIDING

You agree to provide any documentation reasonably requested for the purposes of your order and you are responsible for the accuracy and timely submission of such documentation to the freight forwarder, whether that occurs through the fretcot platform or otherwise.

Documentation must be completed and sent to fretcot before the pickup or warehouse delivery. Specific instructions will be given in advance and in writing as to what documentation is required for shipping purposes. Though we will assist you in your shipping process You are required to review all information that are legally required for the proposed shipment (including but not limiting to written declarations, licenses, as well as entry, export or security data among others) and ensure the correctness of the same before submitting them to us and or the freight forwarder.

The relevant freight forwarder Entity will rely on the correctness of all documentation furnished by you through fretcot. You shall indemnify us and the relevant freight forwarder entity and hold us and such freight forwarder entity harmless from any and all claims asserted and/or liability or losses, delays, fine, storage, customs penalties suffered by reason of your failure to disclose information or any incorrect or false statement by you upon which the relevant freight forwarder entity reasonably relied.

COMPLIANCE WITH THE LAW: SHIPMENTS INVOLVING SANCTIONED COUNTRIES

The presentation to you of a quotation through fretcot cannot be construed as a representation by the Company nor by the relevant freight forwarder Entity that the proposed shipment is legal. You are solely responsible to ensure the legality of the proposed shipments regarding which you are requesting quotations, including but not limited to ensuring that the proposed shipments comply with applicable laws, regulations, sanctions or restrictive measures by the United States of America, the European Union, the United Nations or other supranational bodies.

You agree to indemnify and hold the Company and the relevant freight forwarder Entity harmless from any loss or damage arising out of a breach by you of the aforementioned covenant.

Customer guarantees that all consignees and all shipping addresses have been checked against all publicly available EU and US terrorist lists, blacklists, or similar publications or databases. Fretcot or the freight forwarder is not obliged to affect any shipment, transportation and or deliveries to any person listed on any such list or subject to trade restrictions.

You must ensure that none of the shipment require any official consent, licenses to handle, possess, deal or carry and will at any time whilst in the care or control of fretcot or the freight forwarder constitute waste. In case of a shipment not being picked up at destination or abandon. The shipper agrees to pay to fretcot or the freight forwarder all costs related to such abandon, duties, disposal costs, warehousing charges, storage etc…

PACKING

It is the shipper responsibility to make sure the shipment is properly packed in compliance with any applicable statutory regulations, recognized standard and best practice, are and will remain in conditions to be safely handled, stored and carried so it does not cause any damage, contamination or injury, or deterioration to any person, premises, equipment or to any item in the way. In case of rejection by the carrier or freight forwarder due to non-compliant packaging, the shipper will be responsible for any repacking costs and all charges related to the rejection, such as delivery, redelivery, warehousing. fretcot and the freight forwarder entity are not responsible for any damages, delay, warehousing charges, fine, penalties due to shipper poor or non-compliant packaging.   

fretcot can assist the shipper through a third-party entity or freight forwarder to pack the cargo only If a written agreement has been concluded between fretcot and the shipper.

Customer must inform in writing the freight forwarder or fretcot of any relevant matters, including any special precautions, necessitated by the nature, weight or conditions of the shipment and any statutory or other duties specific to the shipment with which the freight forwarder may need to comply.

DESTINATION CHARGES

All international shipments are subject to destination charges, these charges can include: Port fees or Airport terminal fees, customs clearance, terminal charges, agent handling charges, import duty, tax, VAT, warehousing, documentation fees, process of your documents and administrative functions by the local agent, delivery etc… these charges are to be paid by the consignee unless otherwise agreed to in writing by fretcot and paid by the shipper in advance. These destination charges are in addition to the freight charged by fretcot and are different in any port or airport due to local regulation. If you want more information about these charges you can contact us per e-mail, it takes few days to confirm it.

CUSTOMS CLEARANCE, DUTY and TAXES

It is the responsibility of the consignee to clear the customs at destination, unless otherwise agreed in writing by fretcot.

HAZARDOUS CARGO

It is the responsibility of the shipper to declare any hazardous materials being shipped. A hazardous declaration must be submitted prior to booking. If you are shipping undeclared hazardous cargo, penalties, fines or delay may incur as a result.

US CUSTOMS

Us Customs can hold, search and confiscate your cargo with or without warning. Any charges that incur as a result are to be paid by the shipper. If the shipper refuses to pay, his/her shipment may be held on hold until charges are paid in full.

PAYMENT

The Utilization of this web platform is free. If you accept the quotation provided for your transportation services, you will remit your payment directly to fretcot when you are placing the order. fretcot will pay the freight forwarder for the services provided and receive a commission afterward (Ocean transportation), or a service charge (Air Transportation). Due to the complexities of our industry, policies and practices may vary depending on factors such as geography, volume and type of freight services. For example, payment may or may not be required at the time of placing an order, or we may accept part payment at the time of placing an order with the balance being required at a later time, such as prior to releasing the cargo from the destination country’s customs. The Freight forwarder will have the right to detain/release of a cargo shipped under the fretcot web Platform until the freight is paid in full, also storage charges may incur.

Fretcot accepts payment through ZELLE, Visa, Mastercard or American Express under $2500, and payment by ACH or wire transfer only over $2500. These payment rules can be changed only after fretcot written confirmation. In the case bank transaction fees are charges by the financial institutions performing the money transaction, fretcot will inform you of the amount and will add it to the total shipping costs, unless it is agreed differently by the customer and fretcot and confirmed in writing.

In case the charges offered by fretcot in USD are the conversion of a local currency, fretcot will inform the customer of such conditions. The exchange rate shall be the rate at which such trading currency may be exchange into the local currency, by reference to the exchange rate published in the wall street journal on such day.

All charges shall be paid free of any deduction, set off or counterclaim of any kind, unless otherwise provided for in applicable laws and regulations, or a separate agreement between the parties. Invoices for tax and duties outlays are due immediately and are subject to outlay fees.

Interest shall be paid to monies overdue to fretcot at the maximum rate allowed in the USA.

INSURANCE

1.All risk insurance, is optional and covers damage and or loss of goods. This insurance is only available if and only if your goods are professionally packed for shipping. A packing list with values or commercial invoice must be tendered prior to the shipment departure.

2. Total Loss insurance is optional and only covers your cargo if the entire shipment is lost. A packing list with values or commercial invoice must be tendered prior to the shipment departure.

All the cargo must be packed properly to be eligible for the above described insurance. If you are shipping used household goods or personal effects, the above-described insurance will cover total loss only. Unless otherwise agreed upon writing by fretcot.

DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond our control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. 1. the content you provide (directly or indirectly) using the Services;
   2. your use of or your inability to use our Services;
   3. pricing, shipping, format, or other guidance provided by fretcot;
   4. delays or disruptions in our Services;
   5. viruses or other malicious software obtained by accessing or linking to our Services;
   6. glitches, bugs, errors, or inaccuracies of any kind in our Services;
   7. damage to your hardware device from the use of any fretcot platform;
   8. the content, actions, or inactions of third parties; or
   9. your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

If regardless of the previous paragraphs, we are nevertheless found to be liable, our liability to you or to any third party in connection with a specific incident is limited to US$ 100 (One hundred dollars of the United States of America).

If At Any time fretcot performance is or is likely to be affected by any hindrance, or risk of any kind ( including the conditions of the shipment), not arising from any fault or neglect of fretcot, and which cannot be avoided by the exercise of reasonable endeavors, fretcot and its freight forwarder entity shall be exempt from its obligations under the respective contract and, where reasonably possible, make the shipment or any part of it available to customers or any other person entitled to receive the shipment at a place which fretcot may reasonably deem safe and convenient, whereupon delivery shall have been made, and the responsibility of fretcot shall be ceased. Customer shall pay any additional costs resulting from the above-mentioned circumstances.

ALTERATIONS

Fretcot reserves the right to alter the fretcot web plate-form users’ terms and conditions, the service conditions, the legal notice and any fretcot policies and conditions without further notice. A particular contract between the customer and fretcot will always be subject to the versions of the policies and conditions in force at the time customer places the order. Unless alterations are made pursuant to mandatory requirements imposed by law or government authority (in this case it applies from the point in time stimulated by law or government authority).

INCOTERMSÆ

The incotermsÆ were created by the international Chamber of Commerce (ICC) in Paris and are registered trademark of the ICC. IncotermsÆ can be agreed between sellers and buyers of goods as part of their sale of goods contract to define the terms of shipment, delivery, as well as transfer of risk between the two parties. The incotermsÆ do not become part of the contract between customer and fretcot and the freight forwarder for the provision of the services, as this contract involves forwarding, and/or carriage elements, not the sale of the goods. Customer notifying fretcot or the freight forwarder of the agreed IncotermsÆ clause merely gives fretcot or the freight forwarder an instruction related to the split (if any) of the service charges between the seller and the buyer. Regardless of the incotermsÆ clause, the customer is and remains responsible towards fretcot, for all fees and will be held liable in the event any fees cannot be collected from third parties in accordance with the indicated IncotermÆ clause.

Fretcot does not mean that you or your Freight Services providers are endorsed in any way by us.

GOVERNING LAW AND DISPUTE RESOLUTION

These conditions are governed by and construed in accordance with the laws of Florida, United states. In the event of a dispute arising between us, we ask that in the first instance you contact us directly to seek a resolution by contacting our customer support team. If we cannot agree a resolution either directly or through alternative dispute resolution procedures we may agree to use, such as mediation or arbitration, then we both agree to submit to the non-exclusive jurisdiction of the courts of Florida. This means that if you are a consumer you are still protected by and entitled to enjoy and enforce your consumer rights in the country or state in which you live.

SEVERABILITY

If any part of the UTC, the legal notice and any other fretcot policies and conditions are deemed invalid, void or unenforceable for any reason, that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

MANDATORY LAW

These UTC shall only take effect to the extent that they are not contrary to the mandatory provisions of international conventions or mandatory national laws applicable for freight forwarding or transportation services or other services provided under these UTC.

CONFIDENTIALITY: DATA PRIVACY

You acknowledge and understand that all the information that you transmit to us and that we transmit to you (including, for the avoidance of doubt, quotations) through fretcot platform shall be deemed Confidential Information.

Neither party will disclose Confidential Information to any third party (other than those of its employees, affiliates, or agents under nondisclosure obligations) or to use Confidential Information for any purpose other than as contemplated by this User Agreement. The obligation set forth in the preceding sentence shall not apply to information that: at the time of disclosure is in the public domain or generally known by the public; (ii) after disclosure, becomes part of the public domain or generally known by the public, except by breach of this Agreement; (iii) was already in the receiving party’s possession at the time of disclosure by the disclosing party; (iv) resulted from the receiving party’s own research and development, independent of disclosure from the disclosing party; (v) the receiving party receives from third parties, provided such information was not obtained by such third parties from the disclosing party on a confidential basis; or (vi) is produced in response to a mandatory requirement by applicable law or an order by a competent authority. The Obligation if this clause shall survive for a period of 3 years after the termination of the relevant contract.

We will comply with applicable privacy laws. Any personal data that you enter into fretcot will be treated by the Company according to its Privacy Policy available at Privacy Policy.

You acknowledge and accept that fretcot may use the data that you entered into fretcot for purposes of research on market and industry trends. You hereby further agree that we may share such information with third parties and/or publish the outcomes of our research as long as such information is presented along with the data of other users in an aggregated and anonymized manner.

...