These General Terms and Conditions shall apply to all dealings and transactions between Dabent Holdings LLC, DabentTransportation Series d/b/a Busfreighter.com as well as its affiliates, successors, parents, subsidiaries, and related entities (collectively referred to herein as “Busfreighter.com”), on the one hand, and the customer, shipper, and/or consignee (collectively “Customer”), on the other hand. In consideration for Busfreighter.com accepting an order from Customer (“Order”), Customer agrees that these General Terms and Conditions, as well as any additional terms and conditions posted directly on, or as a link from, the Busfreighter.com website (the “Website”), shall govern and control any dealings, transactions, or other relationship between Customer and Busfreighter.com. These General Terms and Conditions may not be altered.
Website. By using the Website to place an Order with Busfreighter.com, Customer represents that Customer has read, understands, and agrees to be bound by these General Terms and Conditions, as well as any additional terms and conditions posted directly on, or as a link from, the Website, including the Greyhound PackageXpress® Terms and Conditions, which are incorporated by this reference as if fully set forth herein. In the case of an irresolvable conflict between the Terms and Conditions expressly set forth herein and the Greyhound PackageXpress® Terms and Conditions, the Greyhound PackageXpress® Terms and Conditions shall control.
Authorized Reseller, Right to Refuse Order. Busfreighter.com is an Authorized Reseller of Greyhound Package Express services, and is NOT a carrier. Greyhound Package Express (“GPX”), a unit of Greyhound Lines, Inc. is the “Carrier”. Busfreighter.com reserves the right, in its sole discretion, to refuse any order at any time.
Shipping Labels and Bills of Lading. All GPX Shipping Labels generated through use of the Website were generated based on information input by Customer and shall be deemed, conclusively, to have been prepared by the Customer. The Customer is required to use the GPX Shipping Labels generated through Customer’s use of the Website and the GPX Bills of Lading. Any unauthorized alteration or use of GPX Shipping Labels generated through use of the Website, or tendering of shipments to any carrier other than GPX, shall void any obligation of Busfreighter.com to Customer, including any obligation of Busfreighter.com to make any payments relating to the subject Order and render inapplicable all rate quotes.
Payment. All charges are payable in US Dollars. Payment is due from Customer at the time the Order is placed, and payment must be made by Customer using a credit, debit, or other payment card accepted by Busfreighter.com before an Order is processed. Customer agrees that Customer is responsible for all charges payable, including any adjustments as provided herein, on the Website, and/or in the purchase agreement presented with Order approval, on account of such Customer’s Order, and Customer authorizes Busfreighter.com to debit all such charges to the payment card account provided by Customer. If the actual characteristics of the shipment ordered are different than that provided by Customer when the Order was placed and/or results in additional charges or adjustments, including those charges set forth on the Website as Busfreighter Accessorial Rates, an email will be sent to the Customer notifying Customer of such charges and adjustments, and such charges and adjustments, if any, will be debited/charged to the payment card account provided by Customer within 24 hours after the email notification is sent. Customer is permitted ten (10) days from the date of the charge to dispute any charges by sending a written dispute notice to Busfreighter.com at the mailing address shown on the “contact us” page of the Website. If Customer does not provide such written dispute notice within this period, such charges are deemed valid and Customer agrees that Customer is forever barred from bringing a claim regarding such charge(s). A timely written dispute notice is a condition precedent to Customer’s assertion of a claim against Busfreighter.com.
Lien and Storage Charges. If the Customer’s payment card is declined for any charges for the Order, including additional charges or adjustments, your Order is put on hold until a successful authorization is obtained or payment is otherwise made. Busfreighter.com shall have a lien on the shipment for all sums due it relating to the Order or any other amounts owed by Customer, and may withhold delivery of the shipment until all such sums are paid. In the event that delivery of the shipment is withheld due to nonpayment of charges, storage charges may be assessed on a per/day basis as set forth in the Busfreighter Accessorial Rates. If nonpayment of charges is not resolved within thirty (30) days after the payment card is declined, additional storage and transportation charges will apply, and in the event the nonpayment of charges is not resolved within sixty (60) days, the shipment may be sold for the amount of the accumulated charges.
Late Payment Policy. In the event Busfreighter.com deems it necessary to retain an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges, including any assessed storage charges, will be subject to a late payment penalty of 15% of the unpaid charges, and Customer shall be liable for payment of all reasonable costs incurred by Busgreighter.com in attempting to collect such unpaid charges. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest, and court costs.
Customer Representations, Warranties. Customer is responsible for, and represents and warrants, that Customer has complied with the GPX Terms and Conditions, including, but not limited to, requirements for Packing, Size, Weight and Value Limitations, and Articles Prohibited or Subject to Special Conditions of Acceptance. Customer represents and warrants that each piece is properly described, acceptable for transport, and properly packed to ensure safe transportation with ordinary care in handling. Customer hereby waives, releases, and agrees to indemnify Busfreighter.com from any and all claims, demands, costs, expense, or damages resulting from the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in ordering shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
Claims, Limitations of Liability, Disclaimer of Warranties. Any and all claims for loss or damage to a shipment shall be governed by the GPX Terms and Conditions. Busfreighter.com is not the carrier. It is expressly understood and agreed that Busfreighter.com has no responsibility or liability for any claims for loss or damage to an ordered shipment or piece thereof. The filing of a claim with the Carrier does not relieve the Customer for payment of all charges due to Busfreighter.com. Any claims for loss or damage should be submitted in accordance with the GPX Terms and Conditions.
Busfreighter.com is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default, or omission of the Carrier, of the Customer, or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Busfreighter.com is not liable for any loss, damage, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the GPX Terms and Conditions, including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. Busfreighter.com is not liable for any loss, damage, mis-delivery or non-delivery caused by acts of God, perils of the air, public enemies, public authorities, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of equipment. In the event that Busfreighter.com is determined to be liable to Customer or to any other person or entity in connection with any Order, shipment, or otherwise, Busfreighter.com’s entire liability, if any, shall be limited to the fees paid by Customer to Busfreighter.com with respect to the subject Order.
BUSFREIGHTER.COM MAKES NO WARRANTIES AND IT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY ORDERS, SHIPMENTS OR PRODUCTS, AND WITH REGARD TO THE WEBSITE, INFORMATION PROVIDED ON THE WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THE WEBSITE. IN NO EVENT SHALL BUSFREIGHTER.COM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUE, WHETHER OR NOT BUSFREIGHTER.COM HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Choice of Law. These General Terms and Conditions, and the rights and obligations of Customer and Busfreighter.com hereunder, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to any conflicts of law principles.
Choice of Forum. Any claim, dispute or litigation arising out of or relating to any transaction between Customer and Busfreighter.com, these General Terms and Conditions, any Order, and/or any shipment ordered through the Website shall be brought in a state court located in Dallas County, Texas. Customer and Busfreighter.com hereby submit to the personal jurisdiction of such court.