Shipping Services Agreement
This Shipping Services Agreement (the “SSA”) is incorporated by reference into the Terms of Service (the “Agreement”) and governs the brokerage relationship between the Merchant and Provenance SCS Inc., doing business as “ShipEasy” (“Broker”). It applies whenever you tender a shipment through the App.
1. Broker authority and appointment
1.1 Broker authority
ShipEasy operates as a federally licensed property broker authorised by the Federal Motor Carrier Safety Administration (“FMCSA”) under MC-1483730. We maintain a BMC-84 broker surety bond as required by 49 U.S.C. § 13906 and 49 C.F.R. § 387, Subpart C. ShipEasy is not a motor carrier, does not operate motor vehicles, and does not take possession of goods.
1.2 Appointment
You appoint ShipEasy as your non-exclusive agent and broker to solicit, negotiate, and arrange the transportation of your shipments with motor carriers (“Carriers”) for the duration of the Agreement.
1.3 No agency beyond brokerage
ShipEasy’s appointment as your broker does not create a general agency, partnership, joint venture, or employment relationship.
2. The Booking flow
2.1 Quote
You request a freight Quote through the App. The Quote is an estimate, valid for twenty-four (24) hours unless otherwise stated.
2.2 Booking authorisation
When you click “Create BOL” in the App, you authorise ShipEasy to tender the shipment, authorise charging the Total Charge to Shopify App Billing, acknowledge the Carmack Amendment waiver and released-value limitations described in § 6, and represent that the shipment complies with the Acceptable Use Policy.
2.3 Bill of Lading issuance
ShipEasy generates a BOL in the App. The BOL is the contract of carriage between you (as the named shipper) and the selected Carrier. ShipEasy is named on the BOL as the broker of record.
2.4 Tender
ShipEasy electronically tenders the BOL and shipment details to the Carrier via the connected TMS API (TAI Software). Pickup is scheduled per the pickup window you select; pickup times are estimates and are not guaranteed unless a Carrier-confirmed guaranteed service product has been purchased.
2.5 Tracking
ShipEasy writes Carrier-provided tracking updates back to your Shopify order. We make no guarantee as to timeliness or completeness of Carrier-provided tracking data.
3. Carrier selection
3.1 Default selection
When the App presents multiple Carrier offerings, the default-selected Carrier is the one that returned the lowest delivered cost satisfying your stated service-level preference. You may override the default and select any other returned Carrier before authorising the Booking.
3.2 Carrier qualification
ShipEasy contracts only with Carriers that have active FMCSA operating authority, current auto-liability coverage of at least $1,000,000 per occurrence, current cargo-liability coverage in accordance with the Carrier’s tariff, and a satisfactory or unrated FMCSA safety rating.
3.3 No guarantee of Carrier performance
ShipEasy uses commercially reasonable efforts to select qualified Carriers but does not guarantee Carrier performance.
4. Merchant responsibilities
You will enter accurate origin/destination addresses, package dimensions and weights, NMFC freight classifications, and accessorial requirements; be available at the scheduled pickup window; present the shipment in a Carrier-acceptable condition; mark the BOL with the correct PRO; and comply with the Acceptable Use Policy. Failure may result in re-pickup, dry-run, reweigh, or reclassification fees billable to you under Terms § 8.3.
5. Charges and payment
Each Booking incurs a Total Charge as defined in Terms § 8.1. Charges are billed via Shopify App Billing. Carriers may reweigh, redimension, or reclassify after pickup; the resulting adjustment is billed (or refunded) per Terms § 8.3 within sixty (60) days of pickup. Carrier-side fees (cancellation, dry run, redelivery, storage, demurrage) are governed by the Carrier’s tariff and passed through.
6. Carrier liability; Released Value; Carmack waiver
This section restates the substantive provisions of Terms § 14 and Terms § 15 and is the operative brokerage-side limitation.
6.1 Carrier liability under the Carmack Amendment
Carrier liability for loss, damage, or delay of an interstate shipment is governed by 49 U.S.C. § 14706 (the “Carmack Amendment”) and by the Carrier’s published tariff and BOL.
6.2 Released-value limitations
THE APPLICABLE CARRIER TARIFF AND BOL TYPICALLY LIMIT CARRIER LIABILITY TO A “RELEASED VALUE” OF $0.10 TO $0.50 PER POUND DEPENDING ON FREIGHT CLASSIFICATION, NOT TO EXCEED THE LESSER OF THE PER-POUND LIMIT, A PER-OCCURRENCE CAP, OR THE REPLACEMENT COST OF THE CARGO. THIS IS NOT THE FULL VALUE OF YOUR GOODS.
6.3 Carmack waiver
BY TENDERING A SHIPMENT THROUGH SHIPEASY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER THE CARMACK AMENDMENT (49 U.S.C. § 14706) TO THE EXTENT THEY EXCEED THE RELEASED-VALUE LIMITATIONS SET FORTH IN THE APPLICABLE CARRIER TARIFF AND BOL. THE BOOKING UX SURFACES THIS WAIVER AS A CONSPICUOUS ACKNOWLEDGEMENT BEFORE YOU AUTHORISE A BOOKING.
6.4 Shipper’s-interest insurance
SHIPEASY DOES NOT OFFER OR ARRANGE SHIPPER’S-INTEREST INSURANCE. If you require full-value coverage, you must arrange it independently with a cargo insurer or marine insurance broker before tendering the shipment. You assume all risk of loss in excess of the released-value coverage.
6.5 Broker liability cap
ShipEasy’s liability for any claim arising from or relating to a specific shipment is capped at the fees actually earned by ShipEasy on that specific shipment (ShipEasy’s service margin on the Booking) per Terms § 17.2.
7. Claims procedure
7.1 Claim against the Carrier
Claims for cargo loss, damage, or delay must be filed directly with the Carrier in writing within nine (9) months of delivery (or expected delivery), per the Carmack Amendment. Suit for unresolved claims must be brought within two (2) years of the Carrier’s written denial.
7.2 ShipEasy assistance
ShipEasy will provide reasonable assistance with claim filing, including providing copies of the Booking, BOL, Carrier selection, and tracking events. ShipEasy is not the obligor on the Carrier’s performance and is not responsible for the Carrier’s denial, payment, or partial payment of a claim.
7.3 Documentation the Merchant should retain
Retain (a) the original signed delivery receipt, (b) photographs of any damage taken at delivery, (c) the original product invoice or purchase order documenting replacement cost, and (d) any communications with the Carrier regarding the claim.
8. Term and termination
This SSA is in force for the duration of the Agreement. Either party may terminate by terminating the Agreement under Terms § 20. Termination does not affect the obligation to pay for Bookings tendered before termination, reweigh / reclassification adjustments under § 5 within the 60-day window, claims procedures for shipments tendered before termination, or survival of those sections of the Agreement and this SSA so identified.
9. Record retention
ShipEasy retains brokerage records for seven (7) years as required by 49 C.F.R. § 371.3. Personal data within those records is anonymized per the Privacy Policy § 8 retention schedule.
10. Governing law; dispute resolution
This SSA is governed by California law and is subject to the dispute-resolution provisions of Terms § 22 (Orange County, California; binding JAMS arbitration; class-action waiver).
11. General provisions
The general provisions of Terms § 25 (entire agreement, severability, no waiver, assignment, no third-party beneficiaries, independent contractors, notices) apply equally to this SSA.