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Terms & Conditions
Kos2KosTransport (also known as K2KT) is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and/or other government agencies as required by law. Kos2KosTransport reserves the right, in its sole discretion, to refuse any shipment at any time. The enrolled Customer, Shipper and/or Consignee agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to all shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Kos2KosTransport. Customer also agrees to these TERMS AND CONDITIONS on behalf of any third party with an interest in the freight.
Kos2KosTransport.com (also known as K2KT.com), is a free service that simplifies shipping freight whether your shipping a full truckload, or less than truckload. The website provides a comparison of numerous freight carriers and allows for automatic transport via ground once you book your shipment. The website automates these routes and the client or his representative, agent or employee chooses their best option for shipping their particular goods based on their own judgment and evaluation of the various options presented to them by Kos2KosTransport.
The Client/user of Kos2KosTransport understands that Kos2KosTransport.com is not the Carrier, nor are we an agent of the Carrier, and the charges, liabilities and risks associated with shipping are borne mutually by the Client and the Carrier. The freight charges which are charged on a load are basis are things that alters the Carrier’s tariff. At the end of the day, the Carrier’s tariff is the governing authority and contract so all disputes must be resolved by the Client directly with the Carrier.
If Carrier revises the charges on a particular shipment due to the Client shipping a different class or weight than was quoted, or for any other reason and there are many and it is the obligation of the Client to know such matters, the Carrier’s tariff rules and the Client must pay all revised charges in full to Kos2KosTransport.
If Carrier revises the charges on a shipment due to extra services or costs being provided in order to make the delivery, the Carrier’s tariff rules and the Client must pay all revised charges in full and waives all rights to dispute said payment with Kos2KosTransport; Client’s only redress is to the Carrier.
All tariffs, set forth by the Carriers, in every instance will take precedence in all legal proceedings and when applicable, will take precedence over Kos2KosTransport TERMS AND CONDITIONS stated here. If not in conflict with the Carrier's tariff, then the Kos2KosTransport TERMS AND CONDITIONS as stated here will take precedence. Where a Customer enters into a separate contractual agreement with Kos2KosTransport, any conflicting terms in that agreement will take precedence over these TERMS and CONDITIONS.
The Client/user of Kos2KosTransport fully insures that they will not hold Kos2KosTransport.com, its employees, and related companies of all liability associated with any shipments it moves through its website or directly with Kos2KosTransport. The Client cannot hold Kos2KosTransport responsible for negligence of the Carrier, the shipper, the receiver, or the Client’s own negligence. The Client alone is responsible for ensuring the proper and extremely rigorous packing of his freight to avoid damage to it and other freight, and all such damage, loss or casualty claims the Client must lodge with the Carrier directly who is possibly responsible, to the extent determined by his tariff, to pay or not pay such claim, in part or on whole.
The Client/user of Kos2KosTransport cannot hold Kos2KosTransport responsible for the bankruptcy of a Carrier or a Carrier’s insurance company or the Carrier’s rejection or non-processing of its Claim on a shipment. Client cannot hold Kos2KosTransport responsible for freight damage or loss or direct or indirect liabilities arising out of the shipping. Client must file any and all rate, damage, loss, casualty, overcharge, mischarge, or other type of claims directly with Carrier, and Client must dispute any/all claims directly with the Carrier, and result of any such claim’s outcomes can never be a deduction from monies owed to Kos2KosTransport – Kos2KosTransport is not liable and Client may seek legal judgments or redress ONLY by suing the Carrier directly, Client explicitly waives all claims against Kos2KosTransport and agrees all claims will be pursued only against the Carrier directly.
Client also agrees to pay Kos2KosTransport for all outstanding charges, and waives right to dispute charges with credit card companies or banks, that Kos2KosTransport must pass on from the Carrier in the cases of revised charges due to weight, class, extra services, and other reasons for revised charges. Client must pay the charges and then file an overcharge claim or dispute with the Carrier who moved the freight. Again, Kos2KosTransport is just a conduit for the Client to various Carriers; the Client assumes all and every risk associated with the shipment and holds Kos2KosTransport harmless from any and all disputes over service, price, shipping and shipping charges associated with any and all shipments they run through Kos2KosTransport. All freight charges must be paid to Kos2KosTransport before any claim can be made. A claim on a shipment does not in any way relieve Client of responsibility to pay for the shipment within terms. Any non-paying Client forfeits the Less Than Truckload discount of 50% to 80% and the Client may have to pay the charges which can be a multiple of the quoted charge. At the very least the client will owe an additional 2.5% per month or maximum legal for any unpaid charges. Kos2KosTransport has the right to charge the credit card of the client for these charge and Client has the obligation to pay Kos2KosTransport, and then the option of disputing or filing a claim with the Carrier to attempt to obtain redress, again, Kos2KosTransport is not liable. In any and all cases, if a Court throws out any of above “hold harmless clauses”, Client agrees that Kos2KosTransport’s Liability is limited to the lower of its gross profit on the shipment or $50 per shipment and/or $250 for all shipments with Claims from any one Client. Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment scheduled or tendered hereunder or through Kos2KosTransport.com, or relating to any and all disputes between Kos2KosTransport and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed in at the Monmouth Vicinage Courthouse of Monmouth County, New Jersey. The Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.
Bills of Lading:
All bills of lading that have been prepares by the enrolled Customer or by Kos2KosTransport as Customer's agent on behalf of the Customer are NON-NEGOTIABLE and have been prepared by the and shall be deemed, conclusively, to have been prepared by Kos2KosTransport and to bind Customer. Any unauthorized alteration or use of bills of lading or tendering of shipments to any carrier other than that designated by, or the use of any bill of lading not authorized or issued by Kos2KosTransport shall VOID Kos2KosTransport obligations to make any payments relating to this shipment and VOID all rate quotes.
If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs Kos2KosTransport, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Kos2KosTransport is not obligated to do so. If a substitute form of bill of lading is needed to complete delivery of this shipment and Kos2KosTransport completes that document, the terms of this bill of lading will govern. Kos2KosTransport is not liable to the Customer or to any other person for any actions taken or not taken on behalf of the Customer under this provision.
At Kos2KosTransport our LTL rates are based on the freight class that’s determined by the NMFC (National Motor Freight Classification) which are based on the actual description, size, and weight of the shipment. Additional fees may apply for other charges including appointment delivery, re-weighs and re-classifications, Liftgate services, inside delivery, or any other accessorial services.All displayed rates are only valid for seven (7) days from the date the quote was give. All displayed transit times are estimates only and do not include day of pickup; pickup dates are not guaranteed.
All charges are payable in US Dollars and are due in full unless you qualify for our credit program. All Customers are subject to credit approval. Upon credit approval, payments are due upon receipt or upon agreed-upon terms. Any payment which is past due shall be subject to an additional charge at the rate of 1.5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Overpayments do not accrue interest and are subject to New Jersey State Law. In the event Kos2KosTransport retains an attorney or collection agency to collect unpaid charges or for the enforcement of these TERMS AND CONDITIONS, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to Kos2KosTransport relating to this shipment and Kos2KosTransport holds a warehouseman's general lien on all tangible personal property for any outstanding balances owed to Kos2KosTransport. The Company reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information received at the time of the original quote, if additional services by the carrier were required, or as otherwise necessary to perform the pickup, transportation and delivery functions therein. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such shipments. These charges and adjustments, if any, will be automatically debited to the Customer's credit card or bank account. The Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by Kos2KosTransport.
Kos2KosTransport will void an authorized transaction as long as the carrier did not pick up the shipment. Once the carrier has picked up the shipment, the transaction may not be voided. If any charges from the carrier arises for due to re-routing, the client is obligated to pay the carriers charges.
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any state and country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Kos2KosTransport in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. The Kos2KosTransport 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. Customer agrees to indemnify Kos2KosTransport for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this section.
At Kos2KosTransport all LTL Guaranteed Services transit times are only as noted by the carrier selected. Please note that the Guaranteed Service transit times do not include holiday and/or no service days as defined by the individual carrier. Shipments not delivered within date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the carrier. These reasons could include, but are not limited to the following conditions:
Acts of God; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions by: shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, city or local roads, streets, or highways resulting in travel delays by carrier; shipments not accepted by the consignee when offered for delivery. Also note that guaranteed services is not a guarantee for pickups but solely for deliveries. Pickup Day is not included in the qualification and calculation of LTL transit time. The Customer is liable for all charges related to the shipment. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a claim request in writing with Kos2KosTransport. If Kos2KosTransport does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event of carrier failure to comply with the guaranteed service requested and after the carrier has agreed to liability, Kos2KosTransport will credit the account of the said Customer for freight charges only. In no event shall Kos2KosTransport be liable nor will any account be credited if the Customer does not use the Kos2KosTransport bill of lading.
Carrier Exclusiveness Requirements:
Client hereby declares that Client do not have an active account with the Carriers for which Client will book freight with Kos2KosTransport.com. Further, Client does not hold Kos2KosTransport liable and insures Kos2KosTransport will not have to suffer from slander or defamation of name from any misunderstandings, acts, damages. liability and litigation arising from using Kos2KosTransport to book with Carriers with whom Client has direct accounts.
*The Estimated Cost provided by Kos2KosTransport.com is subject to change based on additional charges that may arise as a result of shipment re-weight (i.e. weight you specified is less than the actual shipment weight), product re-classification by the carrier (i.e. you provided inaccurate class) and/or additional services that the carrier had to provide to complete the shipment and you missed to request when Kos2Kos Transport provided you with the quote (i.e. Liftgate was needed, and when you requested the quote, no Liftgate accessory was selected).
*All quotes are only valid for seven (7) days from the day the quote was given and all costs are stated in United States Dollar amounts.
* Guaranteed service may not be available in combination with selected an additional service(s) (Example: Liftgate).
** All displayed transit times are estimates only and do not include day of pickup and LTL pickup dates are not guaranteed unless specified.
**The calculations of our LTL rates are mainly based on the freight class. The freight class is determined by the National Motor Freight Classification (NMFC) and is weight based.