Shipper / Customer Terms

These Shipper Terms govern Customer's use of HEAT Freight's website, forms, portal tools, account requests, quote requests, and related online interactions.

HEAT Freight acts as a property broker unless HEAT Freight expressly agrees otherwise in a separate writing.

If Customer and HEAT Freight enter into a separate signed broker-shipper agreement, credit agreement, or other written freight-services agreement, that separate signed agreement controls in the event of a conflict.

If no separate signed broker-shipper agreement exists, then these Shipper Terms, together with any written quote, order confirmation, invoice, and shipment-specific written instructions issued by HEAT Freight, govern the parties' website-based business dealings to the extent applicable.

A quote request, form submission, or order request does not by itself create a binding shipment obligation.

HEAT Freight is not obligated to arrange transportation for any shipment unless and until HEAT Freight expressly accepts the shipment in writing.

Any quote is based on the shipment information provided to HEAT Freight and may be revised or withdrawn if that information changes or is inaccurate.

Customer represents, warrants, and agrees that:

1. it has authority to tender the shipment and to bind the shipper, owner, consignee, and payer identified in the request, to the extent applicable;
2. all shipment information it provides is accurate, complete, and current;
3. any dimensions, weights, declared values, commodity descriptions, pickup conditions, delivery conditions, timing requirements, permits, access limitations, and handling requirements disclosed to HEAT Freight are true and complete; and
4. Customer will promptly notify HEAT Freight in writing of any change affecting a quote, order, pickup, transit, delivery, or billing.

Customer is responsible for losses, delays, rerates, accessorials, failed pickups, redelivery charges, storage charges, permit losses, and other costs caused by inaccurate, incomplete, late, or misleading shipment information.

Customer shall clearly disclose in writing before acceptance of the shipment any of the following:

• hazardous materials,
• oversized or overweight freight,
• high-value cargo,
• time-critical freight,
• temperature-sensitive freight,
• food-grade freight,
• fragile or top-heavy equipment,
• crane or rigging requirements,
• special loading or unloading requirements,
• jobsite delivery restrictions,
• escort or permit requirements,
• embargoed or regulated commodities, or
• any other special risk or handling requirement.

HEAT Freight may decline any shipment that is inaccurately described, insufficiently disclosed, unlawful, unsafe, or commercially impractical.

Rates and charges are based on the shipment information provided and on market conditions, capacity, routing, handling requirements, and timing.

If shipment details materially change, HEAT Freight may re-rate the shipment, decline the shipment, or require revised written confirmation before proceeding.

Accessorials, detention, layover, storage, rerouting, redelivery, permit-related costs, jobsite charges, loading delays, unloading delays, and other additional charges may apply where caused by shipment conditions, Customer instructions, site conditions, inaccurate information, or events not included in the original quote.

Payment terms are governed by any applicable credit agreement, invoice, quote, order confirmation, or separate written agreement.

Customer is responsible for providing accurate pickup and delivery information, lawful and safe site conditions, and any loading or unloading support required unless HEAT Freight expressly agrees otherwise in writing.

Customer shall ensure that pickup and delivery contacts are available, informed, and authorized.

Customer shall not misdescribe cargo, conceal special requirements, or issue conflicting instructions through multiple contacts.

HEAT Freight arranges transportation through third-party motor carriers and service providers.

HEAT Freight does not guarantee carrier availability, exact transit time, exact pickup time, or exact delivery time unless expressly agreed in writing for the specific shipment.

Estimated pickup and delivery times are estimates only unless HEAT Freight expressly commits otherwise in writing.

Cargo claims, loss claims, shortage claims, delay claims, and related matters may be governed by applicable law, the underlying motor carrier's obligations, any separate signed agreement with HEAT Freight, and shipment-specific documents.

To the fullest extent permitted by law, HEAT Freight is not an insurer and does not assume liability beyond the obligations HEAT Freight expressly undertakes in a separate written agreement or as required by applicable law.

To the fullest extent permitted by law, HEAT Freight shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to any shipment, quote, or customer portal use.

Nothing in this Section limits liability that cannot be limited by law or that HEAT Freight expressly assumes in a separate written agreement.

Customer shall not use nonpublic carrier, pricing, lane, or operational information provided by HEAT Freight to circumvent HEAT Freight on the quoted or arranged business opportunity disclosed by HEAT Freight.

This restriction does not prohibit Customer from doing business with carriers with whom Customer had a provable preexisting relationship independent of HEAT Freight.

Customer agrees that checked boxes, typed names, uploaded documents, email acknowledgments, and electronic signatures may be used to form binding agreements and satisfy signature and writing requirements to the fullest extent permitted by law.

Customer agrees to receive quotes, invoices, order confirmations, shipment updates, claims communications, collection notices, and related business records electronically unless HEAT Freight expressly agrees otherwise in writing.

HEAT Freight may review Customer credit, verify account information, and accept, reject, suspend, or terminate Customer account access, quote access, or shipment-request privileges at any time.

HEAT Freight may decline service where Customer information cannot be verified, credit is unsatisfactory, risk is unacceptable, shipment information is unreliable, or business circumstances warrant it.

These Shipper Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Shipper Terms, the customer portal, quote requests, account requests, or related electronic submissions shall be brought exclusively in the state or federal courts located in Jefferson County, Alabama, and Customer consents to jurisdiction and venue there.

HEAT Freight may update these Shipper Terms by posting revised terms to the Site.

Customer's continued use of HEAT Freight's customer-facing website tools after revised terms are posted constitutes acceptance of the revised terms, subject to any separate signed agreement controlling a particular shipment or account.

Questions regarding these Shipper Terms may be directed to HEAT Freight through the contact information posted on the Site.