Terms & Conditions

Xenon is a Freight Logistics Company operating as a "Freight Broker" and is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and other government agencies as required by law. Customer is the party using Xenon's website and or services. By electing to use Xenon's website and services, Customer agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter.

I. Definition –

a. Freight Brokerage: Customer acknowledges that Xenon is a Freight Broker and NOT a Freight Carrier. Acting as a broker between the Customer and Carrier, Xenon provides access to carrier rates and carrier services. Xenon also ensures all carriers are properly licensed and bonded for all services they provide for the Customer. The Federal Government's laws and regulations protect Freight Brokers from liability claims as a consequence of carrier service failures, loss of shipment, or damage to a shipment. The courts have upheld this position based on the fact that Freight Brokers are barred from accepting consignment (taking control) of freight –and– Customer consigns (signs over) their shipment directly to the carrier. At no time does Xenon hold, handle, store or transport freight. b. Freight Carrier: The Freight Carrier is a dually licensed and registered company that provides the actual transportation of Customer's shipment. The Freight Carrier(s) is/are subject to all state and federal laws and regulations applicable to the transportation of this shipment. Customer understands and agrees that the Freight Carrier(s) that actually transport the shipment(s)  is/are exclusively responsible for the transportation and delivery of Customer's shipment. c. Customer: You establish yourself as a Customer of Xenon by: using Xenon's website to shop and compare freight rates, registering and establishing an account with Xenon, and/or arranging a shipment through Xenon. i.i. Customer understands that all freight rates are quoted as a dock pickup or drop off from or to a commercial location and/or ramp, pier or terminal i.ii. Residential services are available and are charged as an assessorial service. i.iii. If pickup and/or delivery are requested by the Customer, the Customer warrants the locations will be carrier-equipment accessible. i.iv. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service. i.v. Customer agrees to ensure the shipment is properly prepared for transport by Freight i.vi. The Customer agrees to pay for all services as actually provided by Xenon and the Freight Carrier(s). i.vii. Customer agrees that any individual or entity acting on their behalf has the right to legally bind Customer. This includes; any sanctioned party scheduling a shipment(s), any party using Customer's Bill of Lading (BOL), the party acting as consignor at the time of pickup, the party acting as consignee at the time of delivery, and/or any party requesting services for Customer.

II. Assessorial Services:

Assessorial services are services provided by the Carrier in addition to the basic transportation of the shipment. i. Customer agrees to pay for all services requested and or any service(s) associated with a particular pickup or delivery location. ii. Rates shown online will apply unless otherwise stated on the Quote, Order Confirmation and/or the invoice provided at the time of booking the shipment. iii. General Assessorial Rates a Show in Sections Below and are subject to change iv. Xenon will attempt to advise and get Customer confirmation of all Assessorial costs prior to the services being provide by the Carrier. However Xenon reserves the right to invoice these charges without prior confirmation which would not always be possible to obtain.

III. Less Than a Truck Load (LTL):

Less than a truck load (LTL) rates are based on: origin and destination zip codes, distance, and commodity freight class per the NMFC (National Motor Freight Classification), net shipping weight (Including all packing materials, crating and or pallets) as a cost per pound, and volume of space required for transit as cost per cubic foot and/or length of truck.

IV. Truck Load Services (TL) & Partial Truckload:

TL rates are based on Dock Door Pickup/Dock Door. i. Full truckload shipments include two hours of detention time at pickup and delivery. ii. Additional charges may apply for charges including but not limited to: Tractor Detention, Trailer Detention, and Driver Assistance. Additional detention time will be charged at $75 per hour, up to $600 per day. iii. A cancellation charge will be assessed for all TL shipments cancelled less than 4 hours prior to the scheduled day and time of pickup at the rate of $350 or 20%, whichever is greater. iv. Expedited rates are based on actual or dimensional weight. If an expedited Carrier shipment contains oversized freight, additional charges and transit days may apply. v. Blanket Wrap/High Value Goods rates are driven by state-to-state/mileage, weight (actual or density), and commodity/product type. vi. Flatbed rates are based on equipment type, state-to-state/mileage, and weight. If a flatbed shipment contains oversized freight as determined by the state(s) it will transport through, additional charges and transit days may apply.

V. Intermodal and Port Drayage

Rates are based on Ramp/Pier Door Pickup or Ramp/Pier Door. i. Fuel Surcharge - will float weekly based on the National DOE per gallon diesel pump price. ii. Hazardous Material - Charge per Schedule A iii. Residential Pick Up or Delivery Fee - per Schedule A iv. Reefer Unit Charge - per Schedule A v. Container Demurrage or Per Diem - Rates do not include any Container Demurrage or Per Diem charges, such charges when incurred by Xenon will be added to the invoice plus the Administrative Fee - per Schedule A vi. Detention with Power Unit - Two hours free at Port, Rail or CY and two hours free at Customer/Shipper/Consignee. After the two free hours at either location, Detention will be charged at per Schedule A on a block of delay time or part thereof for each location of delay. Traffic congestion, administrative delays and other delays at Ports, Railyards and CY's are beyond Xenon control. vii. Overweight Fees - If the weight on a 20 foot container exceeds 37,500 lbs or if the weight exceeds 44,000 lbs on a 40 foot container, Overweight Fees will be charged at the rate as per Schedule A viii. Overweight Permit Fee - A charge per Schedule A will be charged if Xenon needs to carry a State Overweight Permit for the load. ix. Overweight & Over Dimension Fines - The customer is responsible for any and all overweight and Over Dimension fines and citations and costs involved in the correction of loads for legal transport (Labor, Second Trucker, etc). Understand even if Overweight or Over Dimension Permits were requested by the customer, there still are limits to the various axle weights and gross weights and the Federal Bridge Law Formula that can be legally carried even with overweight permits and this varies by state x. Dropped equipment for loading or unloading - A fee for this service will be charged usually a double round trip charge, unless considered by the terminal involved to be in a local free drop zone, this varies by terminal. This fee will normally be included in Quote if Drop and Pull was selected as an option. xi. Split Chassis Fee - When Xenon is required to pick up or return a chassis to a different location than the container a fee as lsit on Schedule B will be charged for each. xii. Xenon or Intermodal Equipment Provider Furnished Chassis Fee - If Xenon is required to furnish a regular Xenon chassis a fee per Schedule A will be charged. If the Intermodal Equipment Provider charges a fee for the chassis that cost plus an administrative fee will be charged. xiii. Tri-axle Chassis Fee - If Xenon is required to furnish a Tri-axle chassis a fee per Schedule A xiv. Stop Off Charge - per Schedule A xv. In Bond or Customs Fee - per Schedule A, plus additional freight charges for any out of route miles and detention rules apply. xvi. Unloading or Loading Labor Fee - Extra charges will apply per Schedule A, if Xenon driver is required to load or unload or assist. xvii. Over Dimension Fees - If Xenon is requested to haul and accepts the offer to haul over dimensional cargo there will be an additional fee per Schedule A or was detailed upon request, plus permit charges. xviii. Tarp Fee - When Xenon driver is required to tarp or un-tarp the load a fee per Schedule A xix. Prepull and Storage Fees - When the customer specifically requests that a container be Pre Pulled to the Xenon yard a flat fee per Schedule A in addition to all other charges will be charged. In addition a fee per Schedule A per day for storage will be charged starting with the 4th day and until the container is unloaded. Per Diem in these scenarios is still the responsibility of the customer. xx. Weigh En-route Fee - If the customer request that a container be weighed enroute a flat fee per Schedule A will be charged if scales are not readily available at the place of loading/unloading, plus the cost of each scale ticket issued with a $20 minimum per scale ticket. xxi. Layover Fee - If a Xenon driver is required to layover to effect delivery due to no fault of the carrier (weather, road closures, customer closing early, administrative problems not the fault of the carrier, etc.) a fee per Schedule A per layover night will be charged. xxii. Tolls - Customer will be responsible for any and all tolls incurred by Xenon in the normal route of travel. xxiii. Port, Rail, CY Dry Run Fee - When an Xenon driver attempts to pick up equipment from a Port, Rail, or CY and it's not available through no fault of the carrier a fee will be charged per Schedule A Port of Los Angeles/Long Beach Off Peak Port Pick Up Fee - When off peak time pick up is required at POLA or POLB a fee of $ per Schedule A will be charged. xxiv. Port of Los Angeles/Long Beach Clean Truck Fee - A clean truck fee will be assessed on all containers picked up from the POLA or POLB at a rate per Schedule A. xxv. Port of Los Angeles/Long Beach Pier Pass Fee - Xenon can advance this fee on behalf of the customer if necessary, however this advance will be subject to Administrative fee per Schedule A

V.xxvi. Ramp Arbitraries/Special Chassis Split Fees:

Chicago Area (Elwood/Joliet):
If the Empty Pickup/Delivery is via the Elwood/Joliet ramps and the Full Container Pickup/Delivery is via any other Chicago area ramp, a ramp arbitrary of $125 will be assessed.
Pickup/Delivery is via the Elwood/Joliet ramps and the Empty Pickup/Delivery is via any other Chicago area ramp, a ramp arbitrary of $125 will be assessed.

Other Chicago Ramps:
If the Empty Pickup/Delivery is via any other Chicago ramp (Chicago, Chicago South, Chicago North) and the Full Container Pickup/Delivery is via any other Chicago area ramp, a ramp arbitrary of $75 will be assessed.

Kansas City Area:
If the container and/or chassis is picked up/delivered via the Kansas City ramp area and the container and/or chassis needs to be returned to BNSF Logistics Park (Edgerton), the shipment will be subject to a $150 chassis split.

Dallas Area:
If the container and/or chassis is picked up/delivered via the Dallas area and the container and/or chassis needs to be returned to BNSF Alliance area, the shipment will be subject to a $125 chassis split.

Saint Louis Area:
If the container and/or chassis is picked up/delivered via the Valley Park overflow lot, the shipment will be subject to a $75 ramp arb fee.

Memphis Area:
If the container and/or chassis is picked up/delivered via the Rossville terminal the shipment will be subject to a $125 chassis split.

VI. Quoted Rate:

All shipments are quoted, rated, and booked based on information provided by you, the Customer. Factors in this calculation include; The total weight of the shipment including all packing materials, crating and or pallet. The packed size of the shipment, its dimensions, and volume of space required. The type of packing used for the shipment. The number of items being shipped. Any special services requested and/or needed. Guaranteed or estimated transit time. Commercial or residential pickup or delivery. Any other applicable accessorial charges (see below). Note: Not included in the Quoted Rate are any non-carriage related expenses that may apply, including but not limited to: customs assessment's, penalties, taxes, duties, tariffs, tolls, storage expenses, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer accepts full responsibility and liability for these expenses.

VII. Open Account:

All Registered Customers arranging freight through Xenon must establish an Open Account. All services provided by Xenon, Freight Carriers or Vendors on behalf of Customer will be charged to this account.

VIII. Initial Billing:

The estimated/initial cost for each shipment is billed and charged to Customer's open account at the time of dispatch. Customer understands that this initial billing is based on the information the customer provided and that this billing is done in good faith by Xenon with the assumption that the Customer provided true and accurate information reflecting the actual description of their shipment and services to be provided. Billing Invoices must be paid within 14 days of receipt as per the terms of the Credit Agreement. Billing invoices are automatically generated by Xenon upon the move being completed at the rate confirmed on the Booking Confirmation form

IX. Secondary Billing:

Secondary Billing will be done for all accessorial charges not included in the Booking Confirmation. These accessorial charges could be through a variance from the original Booking information and Xenon will attempt to confirm these variance will the Customer prior, however this will not always be possible. Other fees such as Container and Chassis per diem charges will be as per the Accessorial Charge Schedule. Secondary Billing Invoices are due and payable with 7 days of receipt.

X. Billing Adjustments:
The Carrier reserves the right to verify a shipment's weight, size, class and services provided. When a Carrier discovers these items are incorrectly described on the Order, a Freight Inspector will document the differences and a "Billing Adjustment" will be issued. Should this occur, Customer agrees to pay for all documented billing adjustments via the same method of payment used in the initial billing of this shipment. Billing adjustments (if any) will be automatically charged to the Customer's Open Account with Xenon. Billing Adjustments will incur a Rebilling and Reprocessing Fee of $35.00. 1. Customer understands and agrees they have established an Open Account with Xenon 2. All funds received by the Xenon will be applied to the oldest (based on pickup date) outstanding invoice.

XI. Customer's Warranties:

Customer warrants their compliance with all applicable state & federal laws, rules, and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through or over which the shipment may be carried. 1. 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, the Customer hereby instructs Xenon, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Xenon is not obligated to do so.. 2. Xenon is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision. 3. Xenon 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.

XII. Guaranteed Transit Time Services:

Unless Guaranteed Service is specifically listed as a chargeable assessorial service, delivery times are estimates only. 1. When Guaranteed Service is included as an assessorial service, it is inclusive of transit times only as noted by the carrier selected. 2. Guaranteed Service transit times do not include holiday and/or no-service days as defined by the individual carrier. This service is not a guarantee for time of pickup. Day of pickup is not included in the qualification and calculation of transit time.

XIII. Delay of Shipment:

Neither Xenon nor the actual Freight Carrier shall be held liable for delays in delivery caused by; an Act of God, war, accidents, weather or delays due to State or Federal intervention or any other circumstance that are beyond the control of Xenon and or the Carrier(s). Such circumstances negate the Guaranteed Transit Time service. Beyond the circumstances noted above, liability for Guaranteed Transit Time shall, at no time, exceed the additional assessorial charge noted on the invoice for this service. 1. In no case, shall the Customer hold Xenon or the Carrier liable for other losses the Customer may have experienced as a consequence of transit times greater the expected. 2. In the event of a Carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the date of invoice to file a claim request in writing with Xenon If Xenon does not receive a claim request or receives the request after the allowable ten (10) business days, the service provided by the Carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. 3. In no event shall Xenon be liable nor will any account be credited if the Customer does not use Xenon Booking System

XIV. Exclusions of Liability:

Customer agrees that Xenon will not be held liable for any loss, missed delivery or non-delivery caused by the act, default or omission 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. 1. Xenon will not be held liable for losses, missed delivery or non-delivery caused by Customer's violation(s) of the Terms and Conditions contained in the Bill of Lading or of the Carrier's General Rules Tariff including, but not limited to: improper or insufficient packing, securing, marking or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipping. 2. Xenon is not liable for losses, missed delivery or non-delivery caused by the acts of God, perils of the air, public authorities, acts or omissions of Customs or quarantine, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment. 3. Xenon is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of Xenon 4. Subject to the limitations of liability contained in the Carrier's General Rules Tariff, Xenon shall only be liable for loss, damage, missed delivery, or non-delivery caused by Xenon's own negligence or gross negligence. Xenon's liability therefore shall be limited to the fees that Xenon has earned with respect to the subject shipment.

XV. Limitations of Liability:

All shipments are covered under the Carrier's limited liability coverage as noted below based on either Full Truck Load or (TL) or Less Than a Truck Load (LTL) services (see below Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.

XVI. Full Truck Load Freight:

Truck load (TL) Freight Carriers are required by law to carry a minimum of $100,000.00 of cargo insurance. This coverage protects the Customer from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.

XVII. Less than a Truck Load (LTL):

All less than a truck load shipments arranged through Xenon are covered by the respective Freight Carrier at a limited liability of $0.10 cents per pound. Optionally, Customer may choose to secure Freight Insurance from any 3rd party freight insurance company.

XVIII. Filing Carrier Claims for Loss or Damage:

The Customer must file all freight cargo claims in writing with Xenon within 48 hours of delivery. This process may be done using our online claims form at Xenonfs.com/claims. Xenon will act as liaison and assist the Customer in the processing of their claim with the Freight Carrier. The filing of a claim does not relieve Customer for payment of freight charges. Customer's account must be paid in full prior to processing a claim for loss or damage. Please contact Xenon for more details regarding carrier insurance or carrier liability.

XIX. Venue, Forum Selection and Choice of Law:

Customer acknowledges that Xenon is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by Xenonwere limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of California The Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by Xenon Understanding this, the Customer agrees to hold Xenonharmless for services (i.e. transportation of freight) performed by the Freight Carrier. Customer agrees to pay Xenon per agreement regardless of any disputes that may or may not occur with the Freight Carrier. Therefore: All parties including Xenon, the Customer and the Carrier agree any claim, dispute or controversy between Customer and Xenon (and/or made by/or against anyone connected with Customer or Xenon or claiming through Customer or Xenon) arising from/or relating to Customer's use of Xenon's website or services provided by Xenon including claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect, subject to these Terms and Conditions at a mutually agreed location within Los Angeles County, State of California, USA. Any claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California and that the venue for any dispute shall any legal action relating to services provided by Xenon or its website Xenon, shall be filed in California. Customer shall be liable for all legal and collection fees.

XX. Cancellation of Services:

Customer may request cancellation at any time up to 24 hours before the Scheduled Dispatch date without cost. However if the Customer elects to cancel the service, Xenon will have to pre-approve that the vehicle has not been dispatched and will 10% cancellation and processing fee will be applied. If a vehicle has been dispatched the customer will be liable for the full cost of the move. For shipments requiring special services Xenon will offer to arrange transport by appropriate alternative Carrier(s). Charges will be based on actual services as required with full credit applied.

XXI. Changes In Terms & Conditions:

Xenon shall have the right at any time to change or modify the terms and conditions applicable to Customer's use of Xenon, or any part thereof, or to impose new conditions, including but not limited to adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on Xenon, through electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of Xenon by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.

XXII. Binding Acceptance:

Acceptance of Xenon's TERMS and CONDITIONS is redundantly required in the course of booking each shipment. This occurs by the Customer's use of Xenon, when securing a quote, when registering as a Customer, and/or when tendering a shipment.