By requesting or accepting goods or services from Murphy Shipping & Commercial Services, INC d.b.a. Murphy Global Logistics, and/or its subsidiaries and affiliates (collectively, “Murphy”), the Customer agrees to the following terms and conditions of service (“Terms and Conditions”).
Murphy may from time to time change these Terms and Conditions. Any changes are effective immediately upon publication on our website at www.murphyship.com.
Murphy Payment Terms & Conditions
- Bank Account Payments. By choosing to use a bank account as your payment method, you will be able to complete your purchase using any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. Whenever you choose to pay for an order using your bank account, you are authorizing Murphy (or its agent) to debit your bank account for the total amount of your purchase (including applicable taxes, fees and shipping costs). Your transaction must be payable in U.S. dollars. Murphy, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
- ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a “writing signed by you” under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize Murphy (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, (d) you authorize Murphy (or its agent) to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments, and (e) you authorize Murphy to debit your bank account or payment card on file, in order to settle any invoices not paid in full by the due date. You acknowledge that Murphy relies upon your ACH authorization when determining whether to provide transportation services to you. Therefore, in consideration for Murphy agreeing to rely, in whole or in part, upon your ACH authorization as a means of payment, you irrevocably authorize Murphy to debit your bank account for any changes related to any shipment that has been delivered for future shipments for which you have not accepted a quote by notifying Murphy in writing via email@example.com, provided, however such revocation shall not be effective for invoices that have already been shared with you or for foreseeable changes related to any quoted shipment at the time of your revocation. If you take any action to frustrate an ACH transaction authorized by these Terms and Conditions, then Murphy, automatically and without further notice revokes any credit terms or other payment accommodation which it may have previously afforded to you, accelerates you entire account balance, and your entire balance is immediately due and payable.
- Credit Card Payments. If you authorize Murphy to charge a credit card as a method of payment (a “Credit Card Authorization”), then you authorized Murphy, in its sole discretion, to charge the credit card account for the amount shown on any and all invoices presented to you without further notice to you. All credit card transactions will include credit card processing fee equal to 3.5% of the outstanding balance paid by credit card. You acknowledge that Murphy relies upon your Credit Card Authorization when determining whether to provide transportation services to you. Therefore, in consideration for Murphy agreeing to rely, in whole or in part, upon your Credit Card Authorization as a means of payment, you irrevocably authorize Murphy to charge your credit card for any charges related to any shipment that has been delivered or that is in transit. You may revoke your Credit Card Authorization for future shipments for which you have not accepted a quote by notifying Murphy in writing via firstname.lastname@example.org, provided, however such revocation shall not be effective for invoices that have already been shared with you or for foreseeable charges related to any quoted shipment at the time of your revocation. If you take any action to frustrate a transaction authorized by these Terms and Conditions, then Murphy, automatically and without further notice, revokes any credit terms or other payment accommodation which it might have previously afforded to you, accelerates your entire account balance, and your entire balance is immediately due and payable.
- Partial Debits and Returned Payments. If your full invoice total is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. If any of your payments are returned unpaid, you authorize Murphy (or its agent) to make a one-time electronic fund transfer from your account to collect a return fee. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. In addition to any applicable late fees or charges, any unpaid principal balance shall accrue interest at the rate of 2% per month (24% per annum), calculated monthly, commencing the day after the invoice due date, until the balance is paid. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees.
- Contacting Murphy. Transactions that we process using your bank account will be identified as “Murphy” (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. You may contact us regarding your invoices or any payments made using your bank account and by writing to us at email@example.com . You may also view your billing history with Murphy at any time in the “Billing” tab of the Murphy website/app.
- Transaction Errors. If you believe that any payment transaction initiated by Murphy (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as provided in Section 4 of these Terms and Conditions. We reserve the right to cancel the ability to pay by bank account for any reason at any time.
- No Offsets; Notice of Disputes. Customer shall pay all freight and accessorial charges in full, without any reduction based upon an alleged offset, counterclaim or other deduction. Full payment of freight and accessorial charges shall be a condition precedent to Customer’s right to assert an offset, counterclaim or other deduction. Customer must contest/dispute any freight or accessorial charges in writing by email for Murphy’s review within 30 days of its receipt of an invoice that includes the contested charges.
- Credit and Payment Terms. Murphy’s standard payment terms require receipt of cash before performance of services. We may, in our sole discretion, extend credit to you. The amount and terms of credit are subject to our periodic review. Murphy may in its sole discretion increase, decrease, suspend or revoke credit at any time for any reason and without advance notice. Except to the extent we otherwise agree, Murphy has no obligation to make or incur any expense, guarantee or advance for any purpose.
- Compensation of Murphy. The compensation of Murphy for its services and advances shall be included with and is in addition to the rates and charges of all third parties to handle, transport, load, unload, store, clear, enter, deliver, distribute or otherwise deal with the goods, and shall be exclusive of any brokerage, commissions, dividends or other revenue received by Murphy from insurers or other Persons. Customer shall pay all costs, expenses and fees (including reasonable attorneys’ fees) incurred by Murphy in connection with (a) the enforcement of payment or performance of any indebtedness or obligation of Customer (including by any action or participation in, or in connection with, a bankruptcy or insolvency proceeding, wherever pending) or (b) any dispute between Murphy and Customer or any other Person. All amounts owed to Murphy must be paid in the lawful currency specified in Murphys’ invoices in immediately available funds, without abatement, counterclaim, set-off, recoupment, and free and clear of, and without any deduction or withholding for, any taxes, duties, confiscation, detention, or other matters. If any amount is not paid when due, it shall accrue interest until paid at two percent (2%) per month (24% per annum).
- Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and us on this website or at the primary e-mail address associated with your Murphy customer account. You should print and retain a copy of all such disclosures and communications.