"Traffic Tech's pleasant attitude, helpfulness and eagerness to find the best solution have made it a pleasure to do business with them."
- TRAFFIC TECH CUSTOMER

Client Terms and Conditions

USA Clients

Traffic Tech, Inc.'s Terms and Conditions

These Terms and Conditions (“Rules”) govern all shipments of commodities ("Goods") for which Traffic Tech, Inc. or one of its affiliates ("Traffic Tech") arranges transportation or related logistics services for any shipper, consignor, consignee, beneficial owner or any other party requesting or using Traffic Tech’s services (“Customer”). To the extent Traffic Tech and Customer have executed a different agreement pertaining to the provision of Services or shipment of Goods, then that agreement shall govern to the extent it is inconsistent with these Rules. Customer agrees to be bound by these Rules and, pursuant to 49 U.S.C. § 14101(b)(1), waives any and all rights and remedies that it may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions herein.

Broker - Customer acknowledges that Traffic Tech is a transportation broker, not a motor carrier or freight forwarder, and is responsible only for arranging transportation and related services of Goods, and not for actually performing the transportation or related services.

Services - Traffic Tech, acting as a broker, agrees to arrange the transportation with its third-party motor carriers ("Carriers") licensed by the appropriate governmental entity to provide transportation and related services (“Services”) to Customer.

Credit - All Customers are subject to credit approval. The amount of credit, if any, granted to Customer is at the sole and entire discretion of Traffic Tech. Customer allows Traffic Tech to disclose business and financial confidential information to its credit insurers. Traffic Tech reserves the right to withhold Services and to have Carriers hold Goods that are in transit to ensure payment of all invoices.

Payment - Payment for Services is due within thirty calendar days of date of invoice. Customer is permitted ten (10) calendar days from the date of the invoice to dispute any invoiced charges. If Traffic Tech does not receive a written dispute within the allowable ten (10) calendar days, Customer waives any right to dispute the invoices. Payment may be made by check, money order, electronic funds transfer, or, if approved in advance, by credit card. Invoices not paid as agreed are subject to a service charge of 2% per month or the highest lawful rate, if less. Customer will be liable for all related costs and expenses, including attorneys’ fees and in house attorneys’ fees, costs, and collection agency fees related to Traffic Tech’s efforts to collect outstanding invoices.

Carriers - Traffic Tech will enter into relationships with Carriers, either by execution of written contracts or by incorporation of Traffic Tech’s  Carrier Terms and Conditions.

Claims - Traffic Tech shall not be liable for any type of claims, including, without limitation, cargo claims, property damage claims, or personal injury claims (collectively referred as ‘Claims’). Traffic Tech has no responsibility, liability or involvement in the payment of Claims. This being said, Traffic Tech and Customer may agree that Traffic Tech will be Customer’s primary point of contact for any loss, damage or delay to cargo ("Cargo Claims"), for which Traffic Tech receives timely notification and pertinent information, and for which Customer cooperates with Traffic Tech. If Customer wishes Traffic Tech to attempt to assist with processing of a Cargo Claim, Customer must notify Traffic Tech within thirty days of delivery or failed delivery. Customer must provide Traffic Tech with all supporting documentation, including, but not limited to, the following documents: bill of lading, document showing receipt of all Goods in good condition by Carrier, delivery documents showing the shipment was delivered short or damaged, a vendor's invoice showing the value of Goods, a demand for a specific amount of money, with a clear explanation of how that amount is determined, communication from the Carrier or consignee that the shipment was not delivered, and any other supporting documentation that Traffic Tech or the Carrier may request. Customer acknowledges that its failure to promptly provide all requested document will result in a denial of the Claim.
 
Claims procedures contained in 49 CFR Section 370 apply to all Cargo Claims. Customer acknowledges that any Cargo Claims must be filed against the appropriate Carrier within 9 months of the date of delivery of Goods, or in the case of non-delivery, within 9 months of the date delivery should have been made. Notice to Traffic Tech does not constitute filing of claim with the Carrier. Traffic Tech is not responsible to file the claim with the Carrier. Any suit or other legal action to recover for cargo loss, damage, injury or delay, must be commenced against Carrier no later than 2 years after declination of the Cargo Claim by Carrier. The filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a Carrier to process a claim.

Traffic Tech and Carriers’ Liability - Customer acknowledges Traffic Tech and Carriers are not liable for the following: (1) damage or injury to Goods to the extent due to packaging, loading, unloading, blocking, bracing or securing of Goods; (2) inherent vice or defect in Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable products; (3) an act of God or the public enemy; (4) any act or default of any Customer; (5) any act taken under authority of law; (6) any act of war or terrorism; or (7) special, consequential, indirect, incidental, or punitive damages including any and all liquidated damages, penalties, lost profits, or loss of business of any kind.

Traffic Tech’s Limitations of Liability - Customer acknowledges that Traffic Tech is a transportation broker and not a carrier. Unless otherwise agreed to in a signed writing between Traffic Tech and Customer, Traffic Tech’s cargo liability will not exceed $2.00/lb CAD for shipments originating in Canada or $2.00/lb USD for shipments originating in the United States.

Customer's Duties - Customer is responsible for ensuring that Goods are properly and safely loaded, supported, blocked, braced, and secured, and Customer will be responsible for expenses and damages arising out of any resulting load shifts. Customer must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. Customer will properly notify Traffic Tech in writing in advance if it tenders any restricted commodities, or any other Goods that may require special handling, including hazardous materials and waste, oversize or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold. Customer is responsible for properly counting and recording the number of pieces transported. Customer is responsible for checking all empty containers or trailers tendered for loading and rejecting any equipment that is not in apparent suitable condition to protect and preserve Goods during transportation. If Customer requests that Traffic Tech arrange for equipment to be dropped at a location for Customer's convenience and left unattended by Carrier, Customer and its consignors or consignees will not lose, damage, or misuse the equipment and Customer will pay for loss or damage to the equipment, damage to third parties’ goods, or personal injuries occurring during or as a result of such custody, control, possession, or use of the equipment. Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Traffic Tech assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision.  Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

Applicable Law - By requesting or using the services of Traffic Tech, Customer agrees to jurisdiction and venue in the United States District Court for the Eastern Division of the Northern District of Illinois or, if federal jurisdiction is not available, in state court located in Cook County, Illinois.

Pricing - Prices are subject to change without notice, if shipment information provided by Customer is deemed to be incorrect or incomplete.

Changes to Rules - Customer agrees to be bound by all of the terms and conditions contained in these Rules. Traffic Tech may modify these Rules from time to time, upon posting the most up to date terms and conditions on www.traffictech.com. Such changes shall be effective for all transactions between Traffic Tech and Customer after the date of the posting.

Canada Clients

TERMS AND CONDITIONS BETWEEN TRAFFIC TECH INC. AND CUSTOMER

These Terms and Conditions (“Rules”) govern all shipments of commodities ("Goods") for which Traffic Tech Inc. or one of its affiliates ("Traffic Tech") arranges transportation or related logistics services for any shipper, consignor, consignee, beneficial owner or any other party requesting or using Traffic Tech’s services (“Customer”). To the extent Traffic Tech and Customer have executed a different agreement pertaining to the provision of Services or shipment of Goods, then that agreement shall govern to the extent it is inconsistent with these Rules. 
 
Broker - Customer acknowledges that Traffic Tech is a transportation broker, not a motor carrier or freight forwarder, and is responsible only for arranging transportation and related services of Goods, and not for actually performing the transportation or related services.
 
Services - Traffic Tech, acting as a broker, agrees to arrange the transportation with its third-party motor carriers ("Carriers") licensed by the appropriate governmental entity to provide transportation and related services (“Services”) to Customer.
 
Credit - All Customers are subject to credit approval. The amount of credit, if any, granted to Customer is at the sole and entire discretion of Traffic Tech. Customer allows Traffic Tech to disclose business and financial confidential information to its credit insurers. Traffic Tech reserves the right to withhold Services and to have Carriers hold Goods that are in transit to ensure payment of all invoices.
 
Payment - Payment for Services is due within thirty (30) calendar days of date of invoice. Customer is permitted ten (10) calendar days from the date of the invoice to dispute any invoiced charges. If Traffic Tech does not receive a written dispute within the allowable ten (10) calendar days, Customer waives any right to dispute the invoices. Payment may be made by check, money order, electronic funds transfer, or, if approved in advance, by credit card. Invoices not paid as agreed are subject to a service charge of 2% per month or the highest lawful rate, if less. Customer will be liable for all related costs and expenses, including attorneys’ fees and in house attorneys’ fees, costs, and collection agency fees related to Traffic Tech’s efforts to collect outstanding invoices.
 
Carriers - Traffic Tech will enter into relationships with Carriers, either by execution of written contracts or by incorporation of Traffic Tech’s Carrier Terms and Conditions.
 
Claims - Traffic Tech shall not be liable for any type of claims, including, without limitation, cargo claims, property damage claims, or personal injury claims (collectively referred as ‘Claims’). Traffic Tech has no responsibility, liability or involvement in the payment of Claims. This being said, Traffic Tech and Customer may agree that Traffic Tech will be Customer’s primary point of contact for any loss, damage or delay to cargo ("Cargo Claims"), for which Traffic Tech receives timely notification and pertinent information, and for which Customer cooperates with Traffic Tech. If Customer wishes Traffic Tech to attempt to assist with processing of a Cargo Claim, Customer must notify Traffic Tech within thirty days of delivery or failed delivery. Customer must provide Traffic Tech with all supporting documentation, including, but not limited to, the following documents: bill of lading, document showing receipt of all Goods in good condition by Carrier, delivery documents showing the shipment was delivered short or damaged, a vendor's invoice showing the value of Goods, a demand for a specific amount of money, with a clear explanation of how that amount is determined, communication from the Carrier or consignee that the shipment was not delivered, and any other supporting documentation that Traffic Tech or the Carrier may request. Customer acknowledges that its failure to promptly provide all requested document will result in a denial of the Claim.
 
Customer acknowledges that any Cargo Claims must be filed against the appropriate Carrier within 60 days of the date of delivery of Goods, or in the case of non-delivery, within 9 months of the date delivery should have been made. Notice to Traffic Tech does not constitute filing of claim with the Carrier. Traffic Tech is not responsible to file the claim with the Carrier. Any suit or other legal action to recover for cargo loss, damage, injury or delay, must be commenced against Carrier within the statutory limit allowed by law. The filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a Carrier to process a claim.
 
Traffic Tech and Carriers’ Liability - Customer acknowledges Traffic Tech and Carriers are not liable for the following: (1) damage or injury to Goods to the extent due to packaging, loading, unloading, blocking, bracing or securing of Goods; (2) inherent vice or defect in Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable products; (3) an act of God or the public enemy; (4) any act or default of any Customer; (5) any act taken under authority of law; (6) any act of war or terrorism; or (7) special, consequential, indirect, incidental, or punitive damages including any and all liquidated damages, penalties, lost profits, or loss of business of any kind.
 
Traffic Tech’s Limitations of Liability - Customer acknowledges that Traffic Tech is a transportation broker and not a carrier. Unless otherwise agreed to in a signed writing between Traffic Tech and Customer, Traffic Tech’s cargo liability will not exceed $2.00/lb CAD for shipments originating in Canada or $2.00/lb USD for shipments originating in the United States.
 
Customer's Duties - Customer is responsible for ensuring that Goods are properly and safely loaded, supported, blocked, braced, and secured, and Customer will be responsible for expenses and damages arising out of any resulting load shifts. Customer must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. Customer will properly notify Traffic Tech in writing in advance if it tenders any restricted commodities, or any other Goods that may require special handling, including hazardous materials and waste, oversize or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold. Customer is responsible for properly counting and recording the number of pieces transported. Customer is responsible for checking all empty containers or trailers tendered for loading and rejecting any equipment that is not in apparent suitable condition to protect and preserve Goods during transportation. If Customer requests that Traffic Tech arrange for equipment to be dropped at a location for Customer's convenience and left unattended by Carrier, Customer and its consignors or consignees will not lose, damage, or misuse the equipment and Customer will pay for loss or damage to the equipment, damage to third parties’ goods, or personal injuries occurring during or as a result of such custody, control, possession, or use of the equipment. Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Traffic Tech assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision.  Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
 
Applicable Law and Jurisdiction - By requesting or using the services of Traffic Tech, Customer agrees these Rules are governed by the laws and regulations of the Province of Quebec and of Canada and all disputes arising out of it shall be brought in the judicial district on Montreal, Province of Quebec or the Federal Court.
 
Pricing - Prices are subject to change without notice, if shipment information provided by Customer is deemed to be incorrect or incomplete.
 
Changes to Rules - Customer agrees to be bound by all of the terms and conditions contained in these Rules. Traffic Tech may modify these Rules from time to time, upon posting the most up to date terms and conditions on www.traffictech.com. Such changes shall be effective for all transactions between Traffic Tech and Customer after the date of the posting.
 
LanguageLes parties aux présentes ont demandé que les présentes soient rédigées en anglais seulement. The parties have requested that these Rules be drawn up in the English language.