By accessing the website at https://www.vircon-ts.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. USE LICENSE
- Permission is granted to temporarily download one copy of the materials (information or software) on Vircon Transport Solution LLC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Vircon Transport Solution LLC’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vircon Transport Solution LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Vircon Transport Solution LLC’s website are provided on an ‘as is’ basis. Vircon Transport Solution LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Vircon Transport Solution LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS. In no event shall Vircon Transport Solution LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Vircon Transport Solution LLC’s website, even if Vircon Transport Solution LLC or a Vircon Transport Solution LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. ACCURACY OF MATERIALS. The materials appearing on Vircon Transport Solution LLC’s website could include technical, typographical, or photographic errors. Vircon Transport Solution LLC does not warrant that any of the materials on its website are accurate, complete or current. Vircon Transport Solution LLC may make changes to the materials contained on its website at any time without notice. However Vircon Transport Solution LLC does not make any commitment to update the materials.
6. LINKS. Vircon Transport Solution LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vircon Transport Solution LLC of the site. Use of any such linked website is at the user’s own risk.
7. MODIFICATIONS. Vircon Transport Solution LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. GOVERNING LAW. These terms and conditions are governed by and construed in accordance with the laws of Pennsylvania, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us. It is Vircon Transport Solution LLC’s policy to respect your privacy regarding any information we may collect from you across our website, https://www.vircon-ts.com/ and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
signed bill of lading or proof of delivery via US Mail, courier, or electronically by fax or email. Your insertion of Broker’s name on the bill of lading will be for your convenience only and will not change Broker’s status as a property broker. The terms and conditions of any freight documentation used by You or Carrier will not supplement, alter, or modify these Terms and Conditions. Failure to provide proof of delivery shall not be grounds for non-payment where there is no dispute that a Shipment was successfully delivered.
- PAYMENTS.Broker will invoice You for its services in accordance with the rates, charges and provisions set forth herein, and any written supplements or revisions that are mutually agreed to between the Parties in writing. If rates are negotiated between the Parties and not otherwise confirmed in writing, such rates will be considered “written,” and will be binding, upon Broker’s invoice to You and your payment to Broker. You agree to pay Broker’s invoice within 30 days of invoice date without deduction or setoff.
Cargo Claims. Broker is a broker, not a motor carrier or freight forwarder, and has no liability for loss of or damage to Shipments. Broker shall require Carrier to assume the liability of a motor carrier (i.e. Carmack Amendment liability) for loss of or damage to the Shipments while in transit, and may contractually agree to limit carrier liability to $100,000 per shipment, or any larger sum agreed on between Broker and Carrier. You must file claims for cargo loss or damage with Broker or Carrier within nine (9) months from the delivery date or, in the event of non-delivery, the anticipated delivery date. You must file any civil action against Carrier in a court of law within 2 years from the date Carrier or Broker provides written notice to You that any part of the claim is disallowed. Upon request, Broker will assist You in the filing and/or processing of claims with Carrier (contact email@example.com). If payment of a claim is made by Broker to You, You automatically assign your right and interest in the claim to Broker. In no event will Broker or Carrier be liable to You or any other party for special, incidental, or consequential damages for any reason whatsoever.
All Other Claims. The Parties shall notify each other of all known material details of any claims within 60 days of receiving notice of any claims other than cargo loss or damage claims and shall update each other promptly thereafter as more information becomes available. Civil actions must be commenced within two (2) years from the date either party provides written notice to the other Party of such a claim.
- 8. INSURANCE.Broker agrees to procure and maintain at its own expense, at all times during the term of these Terms and Conditions, the following insurance coverage amounts:
- GeneralLiability: $1,000,000
B. Cargo(contingent) Insurance: $250,000
C. Workers Compensation: Statutory Limits
- SURETY BOND.Broker shall maintain a surety bond or trust fund agreement as required by the FMCSA, in the amount of at least $75,000, or as otherwise required by the FMCSA, and will furnish You with proof of its bond or trust fund agreement upon request.
- HAZARDOUS MATERIALS.You must comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800, §173, and § 397 et seq. to the extent that any shipments constitute hazardous materials. You are obligated to inform Broker immediately if any such shipments constitute hazardous materials. You shall defend, indemnify, and hold Broker harmless, including reasonable attorney fees, from any penalties or liability of any kind, arising directly out of your failure to comply with applicable hazardous materials laws and regulations.
- INDEMNIFICATION.You must defend, indemnify, and hold Broker, Broker’s employees and agents and Carriers harmless, including reasonable attorney fees, against any losses caused by or resulting from (i) your or your employees’ or agents’ negligence or intentional misconduct, (ii) your breach of these Terms and Conditions, or (iii) your or your employees’ or agents’ violation of applicable laws or regulations. You must also indemnify Broker from any attempts to recover from Broker by your insurance carrier or any other party. The obligation to defend includes payment of all reasonable costs of defense, together with all reasonable attorney fees, as they accrue.
- LESS THAN TRUCKLOAD (LTL) FREIGHT. Where Broker provides LTL services, the following additional terms and conditions apply and supersede and control over any conflicting provisions of these Terms and Conditions.
Tariff Applicability. You acknowledge and agree that LTL shipments will be subject to those Carrier tariff terms applicable based upon the nature of services requested and the Shipments tendered including, without limitation, those tariff provisions required to rate shipments or adjudicate Carrier liability for the same.
Cargo Claims. If less than a full truckload of Shipments is being transported, Carrier liability for loss or damage to Shipments shall be subject to the lowest of $100,000 per shipment, $10 per pound times the weight of the Shipments lost or damaged, or the lowest liability provided in the National Motor Freight Classification.
- ASSIGNMENT/MODIFICATIONS OF AGREEMENT. Neither Party may assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of the other Party.
- SEVERABILITY/SURVIVABILITY.In the event that the operation of any portion of these Terms and Conditions results in a violation of any law, or any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the Parties agree that such portion or provision shall be severable and that the remaining provisions of the Agreement shall continue in full force and effect. The representations and obligations of the Parties shall survive the termination of these Terms and Conditions for any reason.
- INDEPENDENT CONTRACTOR.It is understood between Broker and You that Broker is not an agent for Carrier or You and shall remain at all times an independent contractor. You do not exercise or retain any control or supervision over Broker, its operations, employees, or Carrier. Broker does not exercise or retain any control or supervision over Carrier, its operations, employees or you.
- NONWAIVER.Failure of either Party to insist upon performance of any of the terms, conditions or provisions of these Terms and Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of the terms, conditions or provisions of these Terms and Conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
- NOTICES.Unless the Parties notify each other in writing of a change of address, any and all notices required or permitted to be given under these Terms and Conditions shall be made in writing and shall be delivered via fax with machine imprint on paper acknowledging successful transmission or email with confirmed receipt), and shall be effective when so delivered.
- FORCE MAJEURE.Neither Party shall be liable to the other for failure to perform any of its obligations under these Terms and Conditions during any time in which such performance is prevented by fire, flood, or other natural disaster, war, pandemic, embargo, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of You or Broker, provided that the Party so prevented uses its best efforts to perform under these Terms and Conditions and provided further, that such Party provide reasonable notice to the other Party of such inability to perform. Performance requirements are extended by the amount of the delay except for payment obligations.
- CHOICE OF LAW AND VENUE. All questions concerning the construction, interpretation, validity and enforceability of these Terms and Conditions, whether in a court of law or in arbitration, shall be governed by and construed and enforced in accordance with the federal laws regarding transportation, where applicable, and otherwise by the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. The Parties agree to jurisdiction and venue in a United States Federal District Court in Texas, or if federal jurisdiction is not available, then in a State Court located in Texas.
- CONFIDENTIALITY.Other than as required to comply with the law or legal process requiring disclosure, the Parties agree to the following:
- The Parties shall not publish, use or disclose the contents or existence of these Terms and Conditions except as necessary to conduct their operations pursuant to these Terms and Conditions. Broker will require Carrier and/or other brokers to comply with this confidentiality clause.
- In addition to Confidential Information protected by law, statutory or otherwise, the Parties agree that all of their financial information and that of their customers, including but not limited to freight and brokerage rates, amounts received for brokerage services, amounts of freight charges collected, freight volume requirements, as well as personal customer information, customer shipping or other logistics requirements shared or learned between the Parties and their customers, shall be treated as confidential, and shall not be disclosed or used for any reason without prior written consent. You specifically waive any rights You may have under 49 CFR Section 371.3.
- In the event of a violation of this Confidentiality paragraph, the Parties agree that the remedy at law, including monetary damages, may be inadequate and that the Parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating Party from further violation of these Terms and Conditions in which case the non-prevailing Party shall be liable for all costs and expenses incurred, including but not limited to reasonable attorney’s fees.
 You or Your shall include your agents, suppliers, business partners, subcontractors, or anyone else working with you on each shipment.