Transportation
Terms & Conditions

01 Scope & business information

These Transportation Terms & Conditions (“Terms”) govern commercial freight transportation arranged directly with C&D Transportation (“C&D,” “we,” or “us”) when expressly incorporated into an accepted transportation estimate (“Estimate”). “Customer” means the business identified in that Estimate.

We provide LTL Transportation, Palletized Freight Delivery, Liftgate Delivery, Final Mile Delivery, and Commercial Freight Transportation using 26-foot box trucks, with liftgate service available. Our service area is Southern California, with transportation services available to the Bay Area and other approved destinations. Availability, equipment, capacity, and handling requirements must be confirmed for each shipment.

Household goods exclusion. These Terms do not automatically apply to residential household-goods moves or other services subject to special consumer moving rules. Such services require separate applicable documents and legally required disclosures. A commercial booking does not change a shipment’s legal classification.

02 Estimates & express acceptance

Estimates remain valid for 7 calendar days from their issue date. Pricing depends on the shipment details provided, route, schedule, access, and services specified. Material changes may require a revised Estimate and express approval before the changed service proceeds.

Before dispatch, the Customer must expressly accept the Estimate and the specific version of these Terms, using an acknowledgment checkbox and signature on the Estimate. Acceptance may be documented by a signed Estimate returned by email or another legally valid electronic signature method. Merely viewing this page, remaining silent, or a previous transaction does not constitute acceptance.

The signing representative must identify their name, title, company, and acceptance date, and confirm authority to bind the Customer. C&D will preserve the accepted Estimate, acceptance record, and a dated copy of the applicable Terms. The Estimate should identify the Terms’ version and effective date and provide a copy or durable access to that version before signature.

Mandatory law controls. Subject to that law, a shipment-specific provision expressly agreed in writing by both parties controls a conflicting provision in these Terms. A bill of lading documents receipt and carriage; an unsigned or later-presented document does not by itself authorize a new liability limitation or override an expressly accepted agreement. Later website revisions do not change an already accepted shipment agreement without express mutual agreement.

03 Payment terms

Full payment (100%) is required upon acceptance of the transportation Estimate and prior to dispatch. Dispatch will not be authorized until payment has been received and verified. Accepted payment methods may include ACH, Zelle Business, and secure Square Payment Links, as confirmed by C&D.

C&D reserves sole discretion to approve alternative payment arrangements for selected Customers. Any exception must be expressly authorized in writing by C&D. No credit terms are automatically available or implied through previous transactions or verbal agreements.

Additional authorized services may be invoiced separately at the agreed rate, with payment instructions and due date stated in the written authorization or supplemental invoice. No automatic credit-card surcharge is imposed by these Terms. Cancellation refunds are calculated under Section 5; prepayment is not automatically forfeited.

04 Detention & appointment timing

The first 60 minutes of waiting time at pickup and the first 60 minutes at delivery are complimentary. After the applicable free period, detention is $75 per hour, billed in prorated 15-minute increments: $18.75 per full 15 minutes, with a partial final increment prorated to actual elapsed minutes ($1.25 per minute). There is no rounding up to a full hour or quarter hour.

Waiting time begins when the driver has arrived at the agreed location, is ready and able to provide the agreed service, and properly notifies the Customer or facility using the agreed check-in process. For a scheduled appointment, the clock begins no earlier than the appointment time, even if the truck arrives early, unless the Customer expressly authorizes an earlier service time. For an agreed arrival window, time begins no earlier than the opening of that window. An early arrival does not consume the free period.

Waiting time ends when the facility makes the shipment and necessary access or receiving personnel available and the agreed loading or unloading can proceed. Ordinary loading or unloading time is not automatically classified as waiting under this clause; unusual handling must be separately agreed. Time caused by C&D, including carrier-caused inability to meet the agreed appointment, is excluded. If C&D misses an appointment, replacement timing and any chargeable waiting must be agreed rather than treating the resulting delay as Customer detention.

C&D may document detention through GPS, arrival/check-in records, departure records, communications, and other reasonable evidence, and will provide the calculation on request. Pickup and delivery free periods are separate; the free period does not restart because of a temporary interruption during the same visit. Layover and detention may not cover the same time.

05 Cancellation & truck ordered not used (TONU)

“Dispatch” means C&D has assigned the truck and driver to the accepted shipment and instructed the driver to begin travel or operational performance for it after payment verification. Issuing an Estimate or tentatively reserving availability is not dispatch. C&D will maintain a time-stamped dispatch record and notify the Customer when dispatch occurs.

Before dispatch: cancellation does not automatically create a TONU charge. Only direct, nonrecoverable expenses expressly authorized by the Customer in advance may be deducted, with supporting documentation.

After dispatch, before loading: a Customer cancellation or Customer-caused inability to use the dispatched truck is subject to a $150 minimum TONU charge, subject to the safeguards below. The minimum is intended as a reasonable advance estimate of dispatch-related loss that may be difficult to measure precisely, rather than a penalty or an automatic forfeiture.

If reasonable, documented cancellation-related loss exceeds the amount covered by the minimum, C&D may charge only the additional, nonduplicative amount. Eligible incremental costs may include deadhead mileage, additional driver time, fuel and operating expenses, and other direct, nonrecoverable cancellation costs. C&D will itemize these amounts, explain what the $150 covers, credit costs already included in that amount or other rates, and account for avoided costs and reasonable mitigation. A mileage rate that includes fuel cannot be charged again as separate fuel expense. The $150 is not simply added to the full amount of the same loss.

The charge must remain reasonable in relation to loss anticipated when the agreement was made and applicable law, including California Civil Code section 1671 where applicable. If the minimum is unreasonable or unenforceable in the circumstances, it will not operate as a guaranteed floor; recovery is limited to amounts otherwise lawfully recoverable. These Terms do not establish that the charge is enforceable in every case.

After freight has been loaded, a cancellation or return request is handled as a change of instructions under Section 8, with payment for transportation actually performed and authorized additional costs, without duplicative TONU. No Customer TONU applies to a cancellation attributable to C&D’s failure to provide the agreed service; any other Customer responsibility remains subject to applicable law.

Prepayment and refunds: C&D will provide an itemized reconciliation, deduct only applicable lawful cancellation charges and any other authorized amounts properly due, and refund the remaining balance. We will initiate the undisputed refund promptly, ordinarily within 7 business days after cancellation, subject to any shorter legal requirement; financial institutions may require additional processing time. A disputed charge does not justify retaining an undisputed balance. If lawful charges exceed prepayment, any balance will be separately itemized and invoiced.

06 Additional services & accessorial charges

Only services specified in the accepted Estimate are included. Additional work requires Customer authorization, preferably by email or another preserved written communication, identifying the scope and rate before it begins. The following base rates apply when not included or replaced by an expressly agreed shipment-specific rate.

Charges may be combined only for distinct services or costs. Detention does not accrue during an overnight period charged as layover. A revised transportation rate, redelivery rate, or destination-change charge must identify any included stop, driver time, mileage, or handling to avoid duplicate charges.

Liftgate availability does not imply that inside delivery, manual unloading, stairs, assembly, or additional personnel are included. C&D may decline unsafe maneuvers or services requiring personnel, equipment, rated capacity, or site conditions that are unavailable. Acceptance of these Terms does not authorize every possible extra service in advance.

07 Freight information & Customer responsibilities

The Customer must provide complete, accurate information before quotation and promptly disclose changes, including:

• Commodity description, pallet count, total shipment weight, and dimensions.
• Pickup and delivery addresses, contacts, appointments, access restrictions, and site conditions.
• Loading and unloading arrangements, dock or liftgate needs, and available personnel and equipment.
• Special handling requirements, unusual value or fragility, and any regulated or hazardous characteristics.

The Customer must ensure freight is appropriately packaged, palletized where agreed, labeled, and prepared for normal transportation and the disclosed handling requirements. The parties must confirm who performs loading and unloading. C&D remains responsible for its own applicable inspection, safe loading, securement, and transportation duties; Customer responsibilities do not eliminate those duties.

Materially inaccurate information, inadequate packaging, or undisclosed requirements may require a revised Estimate, safe-service suspension, or rescheduling. The Customer is responsible only for reasonable, documented additional costs or damage attributable to its acts or omissions to the extent permitted by law, with proper causation and no duplicate recovery. There is no blanket release of C&D’s liability for its own conduct or mandatory carrier obligations. Regulated or special freight may be tendered only after express review and approval.

08 Failed delivery, refused freight & redelivery

If the receiver refuses freight, the address is incorrect, no authorized person is available, access is impossible or unsafe, or the Customer requests a return to origin, C&D will document the issue and make reasonable efforts to contact the Customer’s designated representative for instructions.

When reasonably possible, C&D will obtain authorization for a revised destination, redelivery, return transportation, layover, or extraordinary custody or storage expense before incurring it. The Customer must provide timely lawful instructions and a receiving location able to accept the freight. Applicable detention may accrue while awaiting instructions under Section 4; the same time cannot also be charged as layover or included again in another time-based charge.

Reasonable additional transportation, waiting, redelivery, and authorized third-party custody or storage expenses attributable to Customer or receiver circumstances may be charged at agreed rates with supporting records. Costs caused by C&D’s own failure remain subject to C&D’s legal responsibility.

If the Customer cannot be reached and immediate action is reasonably necessary to protect people or freight or comply with law, C&D may take proportionate protective measures, seek authorization as soon as practicable, and document the reason and costs. This is not an unrestricted authorization for extraordinary expenses. Any recoverable emergency costs remain subject to necessity, reasonableness, and applicable law. C&D will not abandon, sell, dispose of, or treat freight as forfeited merely because delivery fails; any such action must follow applicable notice, custody, and legal procedures.

09 Cargo liability, proof of delivery & claims

Applicable liability rules

Liability for loss, damage, shortage, or delay is determined by the law governing the shipment, its actual transportation character, and any valid, expressly agreed shipment documents. For transportation subject to federal interstate jurisdiction, the Carmack Amendment, 49 U.S.C. § 14706, and applicable federal regulations may govern. A trip entirely within California may still be part of an interstate movement; endpoints alone do not determine the governing law.

For genuinely intrastate California commercial freight, applicable California carrier, contract, and other mandatory laws govern to the extent not federally preempted, including California Civil Code section 2194 where applicable. These Terms do not automatically import federal claim deadlines into California intrastate transportation.

No per-pound, per-shipment, declared-value, insurance-based, or other monetary liability cap is created by these Terms. No blanket consequential-damage exclusion is imposed. Any proposed limitation or released-value arrangement requires separate, legally compliant disclosure and agreement. Insurance coverage does not itself define the Customer’s legal recovery. Defenses, exclusions, and limits apply only to the extent established under governing law and any valid agreement; mandatory rights are preserved.

Delivery records & damage reporting

The parties may document delivery with a signed or electronic proof of delivery (POD), delivery receipts, photos, timestamps, and other reasonable records. Customers and receivers should inspect accessible freight at delivery, record visible damage or shortages accurately on the POD, and notify C&D promptly. A clean receipt or failure to note damage does not automatically waive a valid concealed-damage claim or mandatory rights. Prompt notice assists investigation and is not a new shortened claim deadline.

Submitting a claim

Send written cargo claims to edward@cndtransportation.pro. Identify the shipment and dates, assert carrier responsibility, describe the loss or damage, and state a specified or determinable amount claimed. Provide reasonably available supporting documents such as the Estimate, bill of lading, POD, invoices establishing value, photos, and repair or replacement information. Missing supporting documents may be supplemented; a timely sufficient written claim is not automatically invalid because every supporting document was not attached initially. A POD damage notation alone may not constitute a formal claim under applicable federal rules.

Keep damaged freight and packaging available for reasonable inspection when practical, mitigate further loss, and coordinate salvage or disposal; do not delay necessary safety measures. C&D will investigate and handle claims in accordance with applicable law, including applicable acknowledgment, response, and status-update requirements. A delivery signature is not a release of all cargo claims.

Claim and lawsuit deadlines

For claims governed by 49 U.S.C. § 14706, an agreement cannot allow less than 9 months to file a claim or less than 2 years to bring a civil action, with that action period measured from written notice disallowing all or part of the claim. Those are statutory minimum periods, not newly imposed deadlines in these Terms. Applicable law and valid shipment documents determine the actual deadlines; these Terms do not shorten them. California intrastate claims are governed by their applicable state-law deadlines and any valid lawful agreement. Contact C&D promptly and obtain advice about the deadline applicable to your shipment.

10 Service limitations, safety & events beyond control

C&D may refuse or suspend an unsafe or unlawful service, a shipment with materially inaccurate information, or work exceeding the reasonable capabilities or rated capacity of the truck, liftgate, equipment, or available personnel. C&D will explain the issue, notify the Customer when practicable, and seek safe alternative instructions. A safety refusal alone does not automatically establish Customer fault or authorize a cancellation fee.

Pickup and delivery times are estimates unless C&D expressly agrees in writing to a specific guarantee and its conditions. Traffic, severe weather, road closures, emergencies, government restrictions, or other events beyond a party’s reasonable control may affect service. The affected party will give reasonable notice, mitigate disruption, and cooperate in rescheduling or finding a lawful alternative.

Such an event does not automatically excuse cargo loss, negligent conduct, payment for services properly performed, or any nonwaivable obligation. Additional costs require the authorization and documentation described above. If service cannot reasonably proceed, the parties will reconcile performed services, lawful nonrecoverable costs, and unearned prepayment; a force-majeure event alone does not automatically trigger Customer TONU.

11 Governing law & disputes

Federal transportation law governs wherever applicable and controls over inconsistent state law or contract provisions. Otherwise, California law governs these Terms to the extent permitted by applicable choice-of-law rules and mandatory law.

The parties should first attempt to resolve a dispute through direct written communication, identifying the shipment, relevant records, disputed amounts, and requested resolution. This informal process is voluntary and is not a prerequisite to a timely claim or lawsuit. It does not suspend or extend a deadline unless a legally effective written agreement provides otherwise.

Either party may pursue available remedies in a court with jurisdiction and venue permitted by applicable law, including applicable federal transportation venue rules. These Terms do not impose mandatory arbitration, exclusive forum selection, a jury-trial waiver, or a waiver of mandatory statutory remedies. If a provision cannot lawfully be applied, it will be ineffective only to that extent; the remaining provisions apply insofar as lawful.

12 Contact & version records

C&D Transportation
Email: edward@cndtransportation.pro
Phone: (323) 474-8312
Website: https://cndtransportation.pro

For a shipment, quote the Estimate number and the version and effective date of these Terms. Ask for a copy before signing if you cannot access the applicable version. C&D will retain the accepted version with the shipment record; subsequent updates apply prospectively only after the required acceptance.