Leap Transport & Logistics Terms & Conditions
The following terms and conditions govern all transactions with Leap Transport & Logistics LLC ("Leap Transport") and the underlying carriers. Please read carefully. By indicating below, you agree to be bound by these terms and conditions.
Leap Transport provides services pursuant to the terms, conditions and definitions set forth on its website. All transportation provided by motor carriers is subject to each carrier's terms, conditions and limitations as set forth in their individual tariffs, circulars or service guides, copies of which are available at their respective websites, and are hereby incorporated by reference.
It is acknowledged and agreed that Leap Transport is not a motor carrier, but a property broker licensed by the Federal Motor Carrier Safety Administration's predecessor agency, the Interstate Commerce Commission. Leap Transport does not hold itself out, sell, offer, or provide motor carrier authority, equipment, personnel, operations, liabilities or capabilities, and is not liable for cargo loss, damage or delay, except where directly and solely attributable to Leap Transport's negligent or willful acts or omissions. It is acknowledged and agreed that all carriers and service providers are independent contractors and Leap Transport does not directly or indirectly control, supervise, monitor or in any way direct the manner in which such carriers operate, nor does it make any representations or warranties regarding such carriers' equipment, personnel, rates, routes or services. All claims for cargo loss, damage or delay must be filed with the actual carrier within the minimum period for filing claims as set forth in 49 USC 14706(e)(1) and in accord with the federal claims regulations at 49 CFR 370, or such carrier's rules tariffs, circulars or service guides, if different, and which are available at the carriers' websites and are hereby incorporated by reference.
At its discretion Leap Transport, may extend credit. Unless otherwise specified in writing, charges are due and payable to Leap Transport within 15 days of date of delivery and are not for any reason subject to set-off. Bills unpaid after 30 days from delivery, including dishonored drafts, will be subject to a service charge of one and one half percent per month (18% per annum) or fraction thereof. Such service charge shall begin to accrue on the 31st day after the date of invoice. Furthermore, Leap Transport reserves the right to withhold delivery, or deliveries, at the customer's expense, for payment of all unpaid or past due charges, and look to all parties to the bill of lading contract regardless of whether Section 7 is signed, or designation of payer. In such event, Leap Transport shall have a possessory lien on all inventory, cargo, freight, shipments and/or tangible commodities tendered to Leap Transport or any of Leap Transport's Carriers, for all unpaid, past due and other charges for transportation, distribution or storage. Leap Transport may also add its reasonable attorney fees, collection costs or service charges incurred in attempting to collect transportation, handling or storage charges.
You acknowledge and agree that the names, routes and pricing of the Carriers and other service providers utilized by Leap Transport are confidential information and are in the nature of a trade secret. You shall not directly contact or solicit rates, bids or service from any underlying carrier or service provider where (1) the availability of carrier or service provider to perform such services first became known to you as a result of Leap Transport's efforts, or (2) where your traffic was first tendered to the underlying carrier or service provider by Leap Transport. If you breach this provision and "back-solicit" Leap Transport's underlying carriers and/or service providers, and/or tender traffic to such carriers or service providers, Leap Transport is then entitled, for a period of fifteen (15) months after the involved traffic first begins to move, to payment from you of 15% of the gross transportation charges for all such traffic, as liquidated damages. Termination of the relationship between Leap Transport and you shall not affect the enforceability and applicability of the foregoing provisions of this clause for a period of two years after termination.
LEAP TRANSPORT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS SITE, USE THEREOF, OR THE SERVICES, INFORMATION OR MATERIALS AVAILABLE THROUGH THIS SITE, OR USE THEREOF, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING OR PERFORMANCE, INDUSTRY STANDARDS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE AND NON-INFRINGEMENT. USE OF THIS SITE, INFORMATION AND UNDERLYING CARRIERS' SERVICE IS EXCLUSIVELY AT YOUR OWN RISK, AND LEAP TRANSPORT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, SERVICES OR INFORMATION OFFERED ON OR THROUGH THIS SITE, REGARDLESS OF LEGAL THEORY, ACTUAL OR PRESUMED KNOWLEDGE OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL TO COMPENSATE OR MAKE YOU WHOLE.
You agree to defend, indemnify and hold Leap Transport, the underlying carriers and their respective officers, directors, employees agents and representatives harmless from any and all claims, including but not limited to personal injury, property damage, wrongful death, incidental or consequential damages arising out of your breach of any of these terms and conditions, including those set forth in incorporated rules tariffs, circulars or service guides, and any of your activities connected with use of this site or its services. This indemnification shall include reasonable attorney fees and costs of defense, including indemnitees', fees and costs for enforcement of this agreement.
Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered through this website, orally or in writing through Leap Transport, shall be filed in the State or Federal Court where Leap Transport is domiciled. You hereby consent to personal jurisdiction of said court.