Terms and conditions

Terms & conditions

The Terms & conditions were last updated on May 27, 2022

  1. Driver is responsible for load count, distributed weight and approving load condition before signing Bills of Lading for final departure.
  2. DRIVERS LOADING PRODUCE OR TEMPERATURE CONTROLLED COMMODITIES MUST:
    1. Ensure that trailer has produce chute in good working condition.
    2. Pre-cool trailer to confirmed required temperature – as applicable per dispatch.
    3. FOR PRODUCE LOADS SET REEFER TO CONTINUOUS – TO STOP/START.
    4. Ensure that temperature recorder is placed inside – halfway back, and up high on the trailer sidewall. If multi-stop load – recorder should be on side in front portion of trailer.
    5. Reconfirm transit temperature of commodity with shipper before loading product on trailer. Driver must take and record pulp temperature of each pallet as it is being loaded on the trailer. If commodity is not pre-cooled to proper temperature – DO NOT LOAD TRUCK 
  3. BOL – Shipper’s Temperature Declaration – if shipper will not allow this – driver must call dispatch immediately.
    1. Count cases, containers, bags, bins, and/or pallets as produce is being loaded onto trailer. If DRIVER count does not equal that of the shippers’ Bill of Lading, driver must call dispatch immediately and not sign anything.
    2. Driver to place pulp thermometer in screen back vent door to trailer to monitor airflow temperature while en route once trailer is loaded to drivers’ satisfaction.
    3. Driver is responsible for checking temperature at a minimum of every 6 hours while en route and report temperature to dispatch if necessary, along with check call.
    4. Driver must contact Flex Point Logistics IMMEDIATELY if there are ANY problems related to load at shipper, in transit, or at consignee.
  4. Driver is responsible for contacting dispatch within 2 hours of detention to be considered. Flex Point Logistics will only be able to submit requests for detention if call has been made within 2-hour period. Submission and consideration for detention does not guarantee carrier that detention will be approved.
  5. All tonnage, package, and per hundred rates will be paid on actual received weight ONLY. Rate does not include weight of pallets or tonnage.
  6. Rates include all stop-off charges, fuel surcharges, loading and unloading, out of route, tolls, detention, storage and/or all arbitrary charges unless otherwise specified and negotiated.
  7. Modifications or deviations from these rates must be approved in writing.
  8. This rate agreement and current insurance must be on file PLUS ORIGINAL Bill of Lading (BOL) & Proof of Delivery (POD) with freight invoice for payment to be made.
  9. Standardized terms of payment for Flex Point Logistics are on receipt of invoice with original signed BOL/POD. Carrier or driver must provide Flex Point Logistics with paperwork within 10 business days from date of delivery for these terms to apply. Flex Point Logistics reserves the right to change said terms to 30 days if carrier or driver does not meet these requirements. All paperwork must include The Flex Point Logistics load number(s).
  10. Freight will not be paid until Flex Point Logistics receives a written confirmation from the truck that under no circumstances will it look to the receiver, the consignee, or Flex Point Logistics for payment, and that its only action for payment will be against the party with whom it has directly contracted the freight.
  11. In the event of any litigation related to the transport and handling of the load, Flex Point Logistics shall be entitled to recover attorneys’ fees, costs, and expenses from the carrier and/or broker.
  12. Flex Point Logistics shall also have the right to recover incidental and consequential damages arising out of any loss as a result of any act or omission of the carrier and/or broker.
  13. By signing this document, the Carrier acknowledges compliance with the FDA’s Final Rule on Sanitary Transportation of Human and Animal Food.
  14. IF YOU PERFORM THE DUTIES AND TRANSPORT THE LOAD(S) THAT IS/ARE THE SUBJECT OF THIS AGREEMENT, YOU WILL BE DEEMED TO ACCEPT THE RATES AND TERMS SET FORTH HEREIN WITHOUT ALTERATION EVEN IF YOU DO NOT SIGN THIS DOCUMENT.