Delivery Agreement Terms

Delivery Agreement Terms

Frayt operates as a marketplace to connect and facilitate agreements between independent third-party transportation carriers (“Drivers”) and individuals or businesses in need of transportation services (“Customers”) for items or pallets (“Items”).  FRAYT IS NOT A TRANSPORTATION CARRIER.  Frayt is not a party to any agreement or contract that results from a connection made on or through the Services (“Delivery Agreements”) and has no responsibility or liability for any pick-up, carry and delivery services provided to you or by you through your use of the Services.  Drivers and Customers may enter into Delivery Agreements in their sole discretion and may decline to enter into any particular Delivery Agreement. The parties to any Delivery Agreements are solely responsible for verifying that the Delivery Agreements are executed and performed in accordance with all applicable laws and regulations, including without limitation, tax laws.  You expressly agree that Frayt has no obligations under any Delivery Agreements and that Frayt shall not be included as a party in any dispute related to any Delivery Agreements.  These Terms as well as the Frayt Terms of Use, Privacy Policy, Customer’s Responsibilities and Driver’s Responsibilities, which are hereby incorporated by reference, apply to any Delivery Agreements you enter into on the Services.

By entering into any Delivery Agreement, you expressly agree to the following terms:

1.         Customer and Driver Identity

You are solely responsible for your interactions with any other Frayt User. You understand that Frayt may not conduct criminal background checks or other screenings on Users of the Services. Frayt makes no representations or warranties as to the identity, propriety or conduct of any Users and your use of the Services is at your own risk.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES. 

2.         Item Location

All items are to be transported by Frayt from door to door.  Frayt Drivers will not, for any reason, enter into a dwelling or business unless the item to be delivered is located inside of an apartment building, multi-unit dwelling, or office building and the pickup or delivery door is inside a larger building.  Drivers are solely and exclusively liable for any damages or losses that occur related to Driver’s failure to comply with this requirement. 

3.         Item Description

Customer is solely responsible for verifying that the location, size, contents, value or other information related to a request for delivery services is truthful, accurate and that Customer has the full right and authority to make the transportation request.  Customer is responsible for indicating whether the item will be located or delivered inside of an apartment or office building, not on the ground floor, or in any other location that may cause unexpected inconvenience or subject the delivery to additional fees. 

Customer will be solely responsible for any additional fees, damages or losses related to any inaccurate or incomplete information. 

The Services may not be used to transport people or any other item listed here or that may not be transported under applicable law (e.g., no transport of unlawful or hazardous materials), including without limitation: accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other similar valuable articles, paintings, statuary and other works of art, manuscripts, mechanical drawings, live animals, tobacco, cigars, cigarettes, non-ferrous metal in scrap and/or ingot form, or furs and skins.​         

You agree not to do anything that causes Frayt to become subject to regulation as a transportation carrier or provider of taxi services.

4.         Matches. 

Frayt will match Drivers and Customers based on the location of the item pickup and the location of an appropriate Driver (“Match”). 

Both Drivers and Customers must then accept the Match on the Services to create a Delivery Agreement.  Drivers are responsible for logging on the Services: (i) acceptance of a Match; (ii) time of arrival at the location; (iii) time of delivery of the item.  Upon arrival at the pickup location, Driver shall inspect, photograph, and note any preexisting damage evident on Items.

Customers or Drivers may decline to accept a Match for any reason that is not discriminatory. 

5.         Fees. 

Basic fees for Delivery Agreements will be quoted on the Services.  Customer will also be responsible for any additional fees and expenses incurred by the Driver in the normal course of completing its obligations under the Delivery Agreement, including without limitation, any tolls (“Fees”).  Customer agrees that, in the event the pickup location or delivery location is not located on the ground floor or is otherwise complicated or inconvenient, the Driver may charge an additional fee as provided on the Services at the time of the Match.     

By accepting a Match and entering into a Delivery Agreement, Customer expressly authorizes Frayt to charge Fees to Customer’s payment method of record.  Customer will be charged “Detention Fees” at a rate of $1/min for every minute beyond an initial allotted loading time a Driver is required to wait at a pickup or drop off location.  Detention fees will be incurred as follows:
 

Car = Fee starts after 15 minutes

Midsize / Pickup = Fee starts after 15 minutes

Cargo Van's = Fee starts after 30 minutes

Box Truck's = Fee starts after 60 minutes
 

Wait times for pick up and drop off will be counted separately and will not be aggregated.  The fees will not be charged if a Driver is late for a properly scheduled pickup.  If the Driver waits for more than two hours, the Driver will leave the location unless Customer authorizes in writing via email for the Driver to continue waiting and incurring the Detention Fee.

Any cancellations of Delivery Agreements may be subject to a cancellation charge, not to exceed 50% of quoted Fee.  ALL FEES ARE NON-REFUNDABLE.

6.         Insurance. 

Risk of damage or loss for Items passes to Drivers at the time Driver begins to physically transport the Item.    Risk of loss passes to Customer at the time Driver delivers the Item to the address provided by Customer.  At no time does Frayt bear the risk of damage or loss for Items.

Driver is solely responsible for obtaining insurance (as provided on the Driver’s Responsibilities) that will cover any damages or losses, including without limitation, damage to the shipped item; damage to the premises; traffic accidents; or any other damage or loss. 

6.         Disputes

A.         Item Damages.  Customers shall inform Drivers if they believe an item has been damaged during shipping.  Drivers will inform Frayt of the alleged damage and provide Frayt with information regarding how the matter has been resolved.  Customer expressly agrees that, if Items are in a sealed box or cannot be identified by a Driver, Customer’s maximum claim for damages will be $100.  Both parties expressly acknowledge that Frayt is not liable or responsible for any damages or losses that occur during shipping or performance of the Delivery Agreement.

B.         Other Disputes.  Any other Dispute regarding the Delivery Agreement shall be addressed between Customer and Driver.  Frayt may, but is not required, to assist the parties resolve any dispute related to a Delivery Agreement. 

C.         Customer and Driver expressly agree that Frayt shall not be named as a party in any legal proceeding or other dispute related to fulfillment of a Delivery Agreement or use of the Services.