TERMS AND CONDITIONS
ALL AMERICAN TRUCKING BROKERAGE
ALL AMERICAN TRUCKING BROKERAGE (AATB) is licensed as a freight broker
by the Federal Motor Carrier Safety Administration and/or other government
agencies as required by law and, as a licensed broker, arranges for freight
transportation. The “SERVICE” referred to herein is ALL AMERICAN TRUCKING
BROKERAGE’s Freight Brokerage Services wherein we connect willing shippers
and customers with willing motor carriers for the movement of freight. ALL
AMERICAN TRUCKING BROKERAGE IS A FREIGHT BROKER AND NOT AN
AGENT FOR ANY TRANSPORTATION PROVIDER. The term “You” or “Yours”
refers to AATB’s Customers and/or Shippers who utilize AATB’s services.
The carrier is responsible for the actual transportation services provided. All transit times and
routes are determined by the carrier and the AATB is not responsible for the accuracy or
completeness of that information. All transit times are estimates only and do not include the day
of pickup. The AATB makes no representations or warranties regarding pickups and deliveries
and cannot guarantee pickup or delivery by any specific date or time.
Any applicable general rules tariffs on shipments (“Tariffs”), established by the carrier used to
transport the freight, may take precedence over these TERMS AND CONDITIONS. The Tariffs
are generally available through the carrier’s website.
ALL AMERICAN TRUCKING BROKERAGE reserve the right to alter these TERMS AND
CONDITIONS from time to time. The most recent version of these TERMS and CONDITIONS is
made available on the WEBSITE. These TERMS AND CONDITIONS apply to all shipments and
supersede all agreements, representations, warranties, statements, promises, and
understandings of the parties, written or oral, except as expressly stated herein. If a Customer
enters into a separate contractual agreement with the AATB, only conflicting terms in that
agreement will take precedence over these TERMS AND CONDITIONS. Your continued use of
the Web Site following posting of any changes to these Terms of Use constitutes your
unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we
urge you to review these Terms and Conditions at the start of each transaction. If you do not
agree to these revised Terms and Conditions, do not hire us to tender freight to Motor Carriers.
ALL AMERICAN TRUCKING BROKERAGE may suspend or terminate its services if ALL
AMERICAN TRUCKING BROKERAGE believes YOU are in breach of these TERMS AND
CONDITIONS. ALL AMERICAN TRUCKING BROKERAGE has the right, in its sole discretion,
to refuse any shipment at any time.
To the maximum extent permitted by law, YOU hereby acknowledge and agree that consumer
laws do not apply. If however, any consumer laws do apply and cannot otherwise be lawfully
excluded, nothing in these TERMS AND CONDITIONS will restrict, exclude or modify any
statutory warranties, guarantees, rights or remedies YOU have, and ALL AMERICAN
TRUCKING BROKERAGE’s liability is limited as set out in these TERMS AND CONDITIONS or
as permitted by applicable law.
The Customer is responsible for and warrants their compliance with all applicable laws, rules,
and regulations including but not limited to customs laws, hazardous materials laws, import and
export laws, and governmental regulation of any state and country to, from, through or over
which the shipment may be transported.
If applicable, the Customer further warrants that it is registered and in compliance with the
security plan and training requirements, and any amendments related thereto, related to
hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R.
#172.800-804. The Customer is obligated to inform ALL AMERICAN TRUCKING BROKERAGE
at the time of shipment tendering if any shipments contain hazardous materials. The Customer
further warrants that it will immediately advise ALL AMERICAN TRUCKING BROKERAGE if its
registration and/or compliance with these regulations expires or are terminated. The Customer
agrees to furnish such information and documentation as necessary to establish its compliance
with such laws, rules, and regulations.
ALL AMERICAN TRUCKING BROKERAGE does not accept and the Customer agrees not to
tender any shipment containing certain classifications of hazardous materials (including but not
limited to Class 1, Class 2.3, Class 4.3, Poisonous/Toxic Inhalation Hazards in Class 2, 3, 4, 5,
6, and 8, Class 6.2, Class 7, and regulated and medical waste).
ALL AMERICAN TRUCKING BROKERAGE assume no liability to the Customer or any other
person for any loss or expense due to the failure of the Customer to comply with these
provisions. The Customer agrees to indemnify, defend, and hold ALL AMERICAN TRUCKING
BROKERAGE harmless for any and all loss, liability, claim, damages, or suit arising from
Customer’s noncompliance with the restrictions and/or requirements of these Terms and
Conditions.
The carrier liability and claims process for any cargo damage, loss, theft, or delay from any
cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R.
§370.1 et seq. respectively (“Cargo Claim Liability Terms”). To the extent that any of the Cargo
Claim Liability Terms are inconsistent with the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended, and the regulations thereto or similar provincial or territorial legislation having
jurisdiction, and/or the provisions of any bill of lading, the Cargo Claim Liability Terms shall
prevail. Cargo claims can be denied and/or the amount paid can be less than the value of the
shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released
value provisions, limitations of liability, or applicable common law exceptions to liability. The
Customer agrees ALL AMERICAN TRUCKING BROKERAGE as a broker, is not liable for any
damage, loss, theft, or delay, except as stated hereafter. To the extent ALL AMERICAN
TRUCKING BROKERAGE is found negligent for any cargo damage, loss, theft, or delay, ALL
AMERICAN TRUCKING BROKERAGE liability is limited to no greater than a refund of the total
freight charge payment related to the specific shipment in question. To the extent the foregoing
may be disallowed by applicable law, ALL AMERICAN TRUCKING BROKERAGE’ liability shall
be limited to the fullest extent otherwise permitted by law. ALL AMERICAN TRUCKING
BROKERAGE will not be responsible in any way for claims arising out of the Customer’s
negligence, the carrier's negligence, or the negligence of any third party. The Customer agrees
to the provisions of this section on behalf of any third party with interest in the freight.
In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the
value disclosed by the Customer or $250,000, whichever is less.
ALL AMERICAN TRUCKING BROKERAGE may, but is not obligated to, assist the Customer in
the claim filing process. A complete and detailed claim and all required supporting
documentation must be submitted by the Customer in writing to the carrier or ALL AMERICAN
TRUCKING BROKERAGE no later than six (6) months after delivery or expected delivery. ALL
AMERICAN TRUCKING BROKERAGE shall not be liable for any actions brought to enforce a
claim unless all claim procedures have been complied with and the action is brought within one
(1) year after the date the carrier first disallowed all or part of the claim. The filing of a claim
does not relieve the responsible party for the payment of freight charges. Freight payment is
necessary to process a claim. The Customer may not offset freight or other charges owed to
ALL AMERICAN TRUCKING BROKERAGE against claims for any loss, damage, mis-delivery,
or non-delivery. ALL AMERICAN TRUCKING BROKERAGE has a lien on funds recovered
through the processing of cargo claims and may withhold and offset amounts recovered through
such claim processing and apply toward any open past due invoices on account.
Any claim or litigation relating to these TERMS AND CONDITIONS, relating to any shipment
scheduled or tendered through ALL AMERICAN TRUCKING BROKERAGE’s WEBSITE OR
SERVICE, or relating to any and all disputes between ALL AMERICAN TRUCKING
BROKERAGE and the Customer, shipper and/or consignee shall be filed in the jurisdiction of
the State or Federal Courts within the State Of California located in Santa Clara County and
shall be subject to California law. Customer hereby irrevocably consents and submits
themselves to the personal jurisdiction of said courts for all such purposes.
ALL AMERICAN TRUCKING BROKERAGE’ sole responsibility is to provide the SERVICE,
subject to these TERMS AND CONDITIONS. ALL AMERICAN TRUCKING BROKERAGE’ sole
liability for direct damages are limited to ALL AMERICAN TRUCKING BROKERAGE’s negligent
acts or omissions or ALL AMERICAN TRUCKING BROKERAGE’ material breach of these
TERMS AND CONDITIONS and are limited to no greater than a refund of the total freight
charge payment related to the specific shipment in question. To the extent the foregoing may be
disallowed by applicable law, ALL AMERICAN TRUCKING BROKERAGE’ liability shall be
limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT ALL AMERICAN TRUCKING BROKERAGE SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-
CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR
DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY
THIRD PARTY, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE,
SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING
TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY
HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND
EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE,
INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS
INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED
TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE
DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
ANY OF THE AFOREMENTIONED DAMAGES.
ALL AMERICAN TRUCKING BROKERAGE
ALL AMERICAN TRUCKING BROKERAGE (AATB) is licensed as a freight broker
by the Federal Motor Carrier Safety Administration and/or other government
agencies as required by law and, as a licensed broker, arranges for freight
transportation. The “SERVICE” referred to herein is ALL AMERICAN TRUCKING
BROKERAGE’s Freight Brokerage Services wherein we connect willing shippers
and customers with willing motor carriers for the movement of freight. ALL
AMERICAN TRUCKING BROKERAGE IS A FREIGHT BROKER AND NOT AN
AGENT FOR ANY TRANSPORTATION PROVIDER. The term “You” or “Yours”
refers to AATB’s Customers and/or Shippers who utilize AATB’s services.
The carrier is responsible for the actual transportation services provided. All transit times and
routes are determined by the carrier and the AATB is not responsible for the accuracy or
completeness of that information. All transit times are estimates only and do not include the day
of pickup. The AATB makes no representations or warranties regarding pickups and deliveries
and cannot guarantee pickup or delivery by any specific date or time.
Any applicable general rules tariffs on shipments (“Tariffs”), established by the carrier used to
transport the freight, may take precedence over these TERMS AND CONDITIONS. The Tariffs
are generally available through the carrier’s website.
ALL AMERICAN TRUCKING BROKERAGE reserve the right to alter these TERMS AND
CONDITIONS from time to time. The most recent version of these TERMS and CONDITIONS is
made available on the WEBSITE. These TERMS AND CONDITIONS apply to all shipments and
supersede all agreements, representations, warranties, statements, promises, and
understandings of the parties, written or oral, except as expressly stated herein. If a Customer
enters into a separate contractual agreement with the AATB, only conflicting terms in that
agreement will take precedence over these TERMS AND CONDITIONS. Your continued use of
the Web Site following posting of any changes to these Terms of Use constitutes your
unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we
urge you to review these Terms and Conditions at the start of each transaction. If you do not
agree to these revised Terms and Conditions, do not hire us to tender freight to Motor Carriers.
ALL AMERICAN TRUCKING BROKERAGE may suspend or terminate its services if ALL
AMERICAN TRUCKING BROKERAGE believes YOU are in breach of these TERMS AND
CONDITIONS. ALL AMERICAN TRUCKING BROKERAGE has the right, in its sole discretion,
to refuse any shipment at any time.
To the maximum extent permitted by law, YOU hereby acknowledge and agree that consumer
laws do not apply. If however, any consumer laws do apply and cannot otherwise be lawfully
excluded, nothing in these TERMS AND CONDITIONS will restrict, exclude or modify any
statutory warranties, guarantees, rights or remedies YOU have, and ALL AMERICAN
TRUCKING BROKERAGE’s liability is limited as set out in these TERMS AND CONDITIONS or
as permitted by applicable law.
The Customer is responsible for and warrants their compliance with all applicable laws, rules,
and regulations including but not limited to customs laws, hazardous materials laws, import and
export laws, and governmental regulation of any state and country to, from, through or over
which the shipment may be transported.
If applicable, the Customer further warrants that it is registered and in compliance with the
security plan and training requirements, and any amendments related thereto, related to
hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R.
#172.800-804. The Customer is obligated to inform ALL AMERICAN TRUCKING BROKERAGE
at the time of shipment tendering if any shipments contain hazardous materials. The Customer
further warrants that it will immediately advise ALL AMERICAN TRUCKING BROKERAGE if its
registration and/or compliance with these regulations expires or are terminated. The Customer
agrees to furnish such information and documentation as necessary to establish its compliance
with such laws, rules, and regulations.
ALL AMERICAN TRUCKING BROKERAGE does not accept and the Customer agrees not to
tender any shipment containing certain classifications of hazardous materials (including but not
limited to Class 1, Class 2.3, Class 4.3, Poisonous/Toxic Inhalation Hazards in Class 2, 3, 4, 5,
6, and 8, Class 6.2, Class 7, and regulated and medical waste).
ALL AMERICAN TRUCKING BROKERAGE assume no liability to the Customer or any other
person for any loss or expense due to the failure of the Customer to comply with these
provisions. The Customer agrees to indemnify, defend, and hold ALL AMERICAN TRUCKING
BROKERAGE harmless for any and all loss, liability, claim, damages, or suit arising from
Customer’s noncompliance with the restrictions and/or requirements of these Terms and
Conditions.
The carrier liability and claims process for any cargo damage, loss, theft, or delay from any
cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R.
§370.1 et seq. respectively (“Cargo Claim Liability Terms”). To the extent that any of the Cargo
Claim Liability Terms are inconsistent with the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended, and the regulations thereto or similar provincial or territorial legislation having
jurisdiction, and/or the provisions of any bill of lading, the Cargo Claim Liability Terms shall
prevail. Cargo claims can be denied and/or the amount paid can be less than the value of the
shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released
value provisions, limitations of liability, or applicable common law exceptions to liability. The
Customer agrees ALL AMERICAN TRUCKING BROKERAGE as a broker, is not liable for any
damage, loss, theft, or delay, except as stated hereafter. To the extent ALL AMERICAN
TRUCKING BROKERAGE is found negligent for any cargo damage, loss, theft, or delay, ALL
AMERICAN TRUCKING BROKERAGE liability is limited to no greater than a refund of the total
freight charge payment related to the specific shipment in question. To the extent the foregoing
may be disallowed by applicable law, ALL AMERICAN TRUCKING BROKERAGE’ liability shall
be limited to the fullest extent otherwise permitted by law. ALL AMERICAN TRUCKING
BROKERAGE will not be responsible in any way for claims arising out of the Customer’s
negligence, the carrier's negligence, or the negligence of any third party. The Customer agrees
to the provisions of this section on behalf of any third party with interest in the freight.
In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the
value disclosed by the Customer or $250,000, whichever is less.
ALL AMERICAN TRUCKING BROKERAGE may, but is not obligated to, assist the Customer in
the claim filing process. A complete and detailed claim and all required supporting
documentation must be submitted by the Customer in writing to the carrier or ALL AMERICAN
TRUCKING BROKERAGE no later than six (6) months after delivery or expected delivery. ALL
AMERICAN TRUCKING BROKERAGE shall not be liable for any actions brought to enforce a
claim unless all claim procedures have been complied with and the action is brought within one
(1) year after the date the carrier first disallowed all or part of the claim. The filing of a claim
does not relieve the responsible party for the payment of freight charges. Freight payment is
necessary to process a claim. The Customer may not offset freight or other charges owed to
ALL AMERICAN TRUCKING BROKERAGE against claims for any loss, damage, mis-delivery,
or non-delivery. ALL AMERICAN TRUCKING BROKERAGE has a lien on funds recovered
through the processing of cargo claims and may withhold and offset amounts recovered through
such claim processing and apply toward any open past due invoices on account.
Any claim or litigation relating to these TERMS AND CONDITIONS, relating to any shipment
scheduled or tendered through ALL AMERICAN TRUCKING BROKERAGE’s WEBSITE OR
SERVICE, or relating to any and all disputes between ALL AMERICAN TRUCKING
BROKERAGE and the Customer, shipper and/or consignee shall be filed in the jurisdiction of
the State or Federal Courts within the State Of California located in Santa Clara County and
shall be subject to California law. Customer hereby irrevocably consents and submits
themselves to the personal jurisdiction of said courts for all such purposes.
ALL AMERICAN TRUCKING BROKERAGE’ sole responsibility is to provide the SERVICE,
subject to these TERMS AND CONDITIONS. ALL AMERICAN TRUCKING BROKERAGE’ sole
liability for direct damages are limited to ALL AMERICAN TRUCKING BROKERAGE’s negligent
acts or omissions or ALL AMERICAN TRUCKING BROKERAGE’ material breach of these
TERMS AND CONDITIONS and are limited to no greater than a refund of the total freight
charge payment related to the specific shipment in question. To the extent the foregoing may be
disallowed by applicable law, ALL AMERICAN TRUCKING BROKERAGE’ liability shall be
limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT ALL AMERICAN TRUCKING BROKERAGE SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-
CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR
DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY
THIRD PARTY, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE,
SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING
TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY
HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND
EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE,
INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS
INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED
TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE
DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
ANY OF THE AFOREMENTIONED DAMAGES.