Terms and Conditions

1. Description of Services

Ship Smart Solutions is an asset-based third-party logistics (3PL) provider and licensed property broker offering Full Truckload (FTL), Less-Than-Truckload (LTL), Partial Truckload (PTL), Reefer, Flatbed, Open Deck, Drayage, Cross-Border, Expedited, Heavy Haul, and Oversize/Overweight transportation services, along with related warehousing and supply chain solutions. Depending on the shipment, Ship Smart Solutions may act as the motor carrier physically transporting the freight, or as a broker arranging transportation through a qualified third-party carrier. The capacity in which we act for a given shipment will be identified on the applicable rate confirmation, bill of lading, or load tender.

2. Website, Portal, and TMS Integration

Our website is connected to our Transportation Management System (“TMS”) to support quoting, booking, dispatch, tracking, and document exchange (including rate confirmations, bills of lading, and proof of delivery). Information you submit through the website (including load and client details) is transferred into the TMS, and status or tracking data generated in the TMS may be displayed to you through the website or portal. You are responsible for the accuracy of all load, commodity, weight, and account information submitted through the website or portal, and you acknowledge that inaccurate information may affect rates, service, insurance coverage, or liability for loss or damage.

3. Account Registration and Security

• You must provide accurate, current, and complete information when creating a portal account or submitting a quote or load request.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
• You agree to notify us promptly of any unauthorized use of your account or any breach of security.

4. Quotes, Rates, and Booking

• Quotes are estimates based on the information provided at the time of request and are subject to change based on actual weight, dimensions, commodity, accessorials, fuel surcharges, detention, layover, and market capacity conditions.
• A booking is confirmed only upon issuance of a signed rate confirmation or equivalent written confirmation through the portal or TMS.
• Accessorial charges (e.g., detention, layover, redelivery, storage, driver assist, liftgate) apply as set out in the applicable rate confirmation or our published accessorial schedule.

5. Client and Shipper Obligations

• Provide accurate and complete descriptions of commodities, including weight, dimensions, value, and any hazardous materials classification.
• Properly package, label, block, and brace freight in accordance with applicable industry and regulatory standards.
• Disclose any special handling, temperature, or regulatory requirements prior to pickup.
• Ensure timely and safe access for pickup and delivery, including compliance with facility-specific requirements.

6. Payment Terms

• Invoices are due according to the payment terms set out in your credit agreement or rate confirmation, or otherwise within thirty (30) days of invoice date if no other term is specified.
• Late payments may accrue interest and/or fees as permitted by applicable law, and may result in suspension of services or credit terms.
• Disputed charges must be raised in writing within a reasonable time of receipt of the invoice; undisputed portions remain due on schedule.

7. Cancellations, Detention, and Delays

Cancellation of a confirmed load after carrier dispatch may result in a cancellation or TONU (“Truck Ordered, Not Used”) charge. Detention charges apply when loading or unloading exceeds the free time specified in the rate confirmation or our standard accessorial schedule. We are not liable for delays caused by weather, traffic, mechanical issues, acts of God, or other events outside our reasonable control, subject to Section 10 (Force Majeure).

8. Broker/Carrier Disclosure and Cargo Liability

Where Ship Smart Solutions acts as a broker arranging transportation, our liability is limited to our role in arranging carriage, and we do not assume liability as a motor carrier for loss, damage, or delay to cargo; such claims are the responsibility of the underlying motor carrier and its cargo insurance, subject to applicable law. Where Ship Smart Solutions (or its affiliated asset-based operations) acts as the motor carrier physically transporting the freight, liability for loss or damage to cargo is governed by the Carmack Amendment (49 U.S.C. § 14706) and the terms of the applicable bill of lading, including any released or declared value limitations stated on that bill of lading.

Claims for loss, damage, or shortage must be submitted in writing with supporting documentation within [9 months from delivery, per Carmack Amendment — confirm with counsel] of the date of delivery (or scheduled delivery, in the case of non-delivery). Claims submitted after this period may be denied.

9. Limitation of Liability

To the maximum extent permitted by law, Ship Smart Solutions' aggregate liability arising out of or related to the Services, whether in contract, tort, or otherwise, shall not exceed the amounts actually paid to Ship Smart Solutions for the specific shipment giving rise to the claim, except where a higher liability is expressly agreed to in writing (such as a declared or released value on a bill of lading) or required by applicable law (including the Carmack Amendment, where applicable). In no event shall Ship Smart Solutions be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption, even if advised of the possibility of such damages.

10. Force Majeure

Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, weather, natural disaster, war, terrorism, labor disputes, governmental action, fuel shortages, pandemic, or infrastructure failure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ship Smart Solutions, its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) inaccurate or incomplete information you provide regarding a shipment; (b) your breach of these Terms; (c) improper packaging, labeling, or misrepresentation of commodities, including undisclosed hazardous materials; or (d) your violation of applicable law.

12. Insurance

Carriers utilized or operated by Ship Smart Solutions are required to maintain cargo and liability insurance in accordance with applicable federal and state requirements. Clients and Shippers are encouraged to maintain their own cargo insurance for shipments of high value or specialized risk, as carrier/broker liability limitations described in Section 8 and 9 may not fully cover the value of the goods shipped.

13. Intellectual Property

All content on our website, including text, graphics, logos, the “One Partner. Every Move.” mark, and other brand assets, is the property of Ship Smart Solutions or its licensors and is protected by intellectual property laws. You may not copy, reproduce, or distribute this content without prior written permission.

14. Prohibited Uses

• Using the website or portal for any unlawful purpose or in violation of these Terms.
• Attempting to gain unauthorized access to our systems, TMS, or other users' accounts or data.
• Submitting false, misleading, or fraudulent shipment, commodity, or account information.
• Interfering with the security or proper functioning of the website or portal.

15. Third-Party Links and Services

Our website may reference or link to third-party services (such as tracking tools or industry data platforms). We do not control and are not responsible for the content, accuracy, or practices of third-party sites or services.

16. Termination

We may suspend or terminate your access to the website or portal at any time, with or without notice, for conduct that violates these Terms, poses a security risk, or for non-payment. You may discontinue use of the Services at any time; obligations incurred prior to termination (including payment obligations) survive termination.

17. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except to the extent superseded by federal law (including the Carmack Amendment or FMCSA regulations) applicable to motor carrier or broker operations. Any dispute arising out of these Terms or the Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Illinois, unless otherwise required by applicable law or a separately executed agreement between the parties.

18. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted on this page with a revised effective date, and continued use of the website or Services after changes take effect constitutes acceptance of the revised Terms.

19. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with any applicable rate confirmation, credit agreement, or bill of lading, constitute the entire agreement between you and Ship Smart Solutions regarding the Services and supersede any prior agreements on the same subject, unless otherwise agreed in writing.

20. Contact Us

Ship Smart Solutions, Inc.

650 E Diehl Rd, Naperville, IL 60563

Email: operations@ship-solutions.net

Phone: (331) 215-4701