Terms and Conditions

Customer understands, accepts, and expressly agrees to be bound by the terms and conditions set forth below (“these Terms”) and manifests its assent to be bound to these Terms solely by the act of tendering any goods to Company for packaging, transportation, and/or any other services to be rendered by Company (“Services”).
 

1. These Terms constitute the entire contract between the parties with respect to all Services rendered and/or goods provided by Company to Customer.  These Terms may not be waived, modified, or amended in any way, except in writing, signed by an officer of Company.  Any additional or different terms that may be contained in Customer’s order or otherwise presented by Customer are not accepted by Company and shall not be binding upon Company.
    

2. Customer agrees to pay all sums due to Company within 15 days of the last date on which Company performs Services or from the date of issuance of Company’s invoice, whichever is earlier.  No offsets may be taken against invoiced charges.  If any amount owing is not paid when due, interest shall accrue on the unpaid principal balance at the rate of two percent (2%) per month, or the highest rate permitted by law, whichever is higher.  Customer also shall be liable to reimburse Company for all costs and attorney fees incurred in collection activities.
    

3. Company shall have a general lien on any property of Customer in its possession for the charges and expenses incurred in connection with any Services or goods provided to Customer, and, if such claim remains unsatisfied for ninety (90) days after demand for payment is made, Company is given the right to sell at public auction or private sale, without notice to Customer, Customer’s property or so much thereof as may be necessary to satisfy such lien, and to apply the net proceeds of such sale to the payment of Company’s charges.
    

4. When goods are shipped on a “freight collect” basis, it is mutually agreed that, if the freight, packaging, and/or other charges are not paid by the consignee, the charges shall be paid by Customer.
    

5. Company relies upon the information provided by Customer and the prior preparation of the goods by Customer.  It  is Customer’s responsibility to: 1) advise Company in writing if goods are fragile or have any other unique characteristics that would make such goods susceptible to damage from the normal rigors of transportation by air, land, and/or ocean (including vibration, sudden movement, strong lateral forces, moisture penetration, temperature changes, and the like); 2)  to accurately describe the dimensions, weight, composition, properties and/or character of the goods Customer is tendering; 3) to advise Company in writing of any other special needs, requirements, or instructions; 4) to declare to Company if any goods Customer is tendering constitute or contain “hazardous materials,” as that term is defined in the Hazardous Materials Transportation Act, 49 U.S.C. §5101, et seq, as amended, and in the Regulations promulgated thereunder; 5) to provide to Company a Safety Data Sheet for all goods tendered; and 6) to internally secure, drain, charge, label, and/or otherwise prepare the goods in accordance with all applicable laws, regulations, carrier requirements, and/or industry practices.
    

6. All goods tendered for packaging, storage and/or transportation shall be delivered to Company in a segregated manner, properly marked, described, declared, and prepared in accordance with these Terms and all applicable laws and regulations. Customer acknowledges that it has chosen the mode of transportation and warrants that it is familiar with all applicable laws, regulations and carrier specific requirements pertaining to the export and/or shipping of such goods, and goods tendered to Company shall comply with such laws, regulations and requirements.
    

7. Customer represents and warrants that all hazardous materials or dangerous goods tendered or to be tendered to Company have been described, declared, labeled, prepared, and delivered to Company in accordance with the provisions of all applicable federal and state laws and regulations, the laws and regulations of any other jurisdictional body having control over the labeling, packing or shipping of hazardous materials, any applicable carrier requirements, and Customer has provided the correct Safety Data Sheet for all goods tendered or to be tendered. Customer must notify Company and receive written permission from Company specifically authorizing the shipment of any hazardous materials prior to tendering the same to Company. Customer shall be fully liable for and shall indemnify and save harmless Company from and against any and all loss, damage and expenses, including attorney fees, which Company may incur or sustain as a result of Customer’s breach of the foregoing representations and warranties or any of these Terms.
    

8. In addition to the requirements of Paragraph 7, Customer shall notify Company of any other characteristics of Customer’s goods that may present a hazard to other property, Company or any persons. If Company reasonably determines that goods received from Customer are a hazard to other property, Company or any persons as a result of a quality or condition of the goods of which Customer failed to provide notice to Company at the time of delivery, upon notice by Company to Customer of same, Customer shall promptly remove such goods from Company’s facility at Customer’s expense. Company shall not be obligated to perform any further Services or any other obligations of Company hereunder with respect to such goods, although Customer shall pay Company for the value of any Services performed prior to Company’s discovering the unsafe quality or condition. If Customer fails to remove such goods from Company’s premises within two (2) business days of the date of notice, Company may remove the goods from Company’s facility and may, but is not obligated to, properly dispose of such goods. Customer shall reimburse Company for all costs and expenses incurred by Company in segregating, removing, storing, and/or disposing of such goods, and shall indemnify and defend Company from and against any all other claims, demands and liabilities which may arise as a result of such goods, their handling or disposal.
    

9. Company does not accept for carriage any single package or item with an actual value of more than $100,000; firearms; ammunition; alcoholic beverages; pharmaceuticals; tobacco; drugs; musical instruments; appliances; watches; clocks, radios, or other electronic devices (except as component parts of completed, assembled motor vehicles); cameras; jewelry; currency; money; precious stones; biologic materials; perishable items; and/or food (collectively, “Prohibited Items”). COMPANY SHALL HAVE NO LIABILITY FOR ANY DAMAGES TO OR FROM SHIPMENT OF ANY PROHIBITED ITEMS BY CUSTOMER, including shipment of any Prohibited Items which may be contained in an automobile, container, or closed package.   
    

10. Customer shall defend, indemnify, and hold harmless Company and its officers, directors, and employees from and against all claims, demands, suits, enforcement procedures, damages, costs, expenses, including attorney fees, caused by, arising out of, or related to the shipment of any Prohibited Item and/or the dangerous or hazardous character, condition, or nature of any good tendered by Customer to Company, whether declared or not, and/or Customer’s noncompliance with any rules, laws, regulations, or these Terms.
     

11. The Customer agrees that the Company shall only be liable for any loss, damage expense or delay to the goods resulting from the negligence or other fault of the Company; such liability shall be limited to an amount equal to ($50.00) per shipment.  Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
     

12. The Company will make reasonable efforts to effect marine, fire, theft and other insurance upon the goods only after specific written instructions have been received by the Company in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the kind and amount of insurance to be placed. The Company does not undertake or warrant that such insurance can or will be placed. Insurance can be affected with one or more insurance companies or other underwriters to be selected by the Company. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to the Company by the Customer, or that the shipment was insured under a policy in the name of the Company. Insurance premiums and the charge of the Company for arranging the same shall be at the Customer's expense. Unless specifically agreed in writing, the Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
     

13. Company shall not be liable under paragraph 11 for any claims not presented to it in writing within 90 days of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand here under shall be maintained against the Company unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statute(s) of the State having jurisdiction of the matter.
     

14. RELATIONSHIP OF THE PARTIES. Each party acknowledges and agrees that, in performing Services hereunder, Company is acting as an independent contractor.  Unless and only to the extent a power of attorney has been granted to Company for specific Services, nothing contained herein shall be construed in such a manner as to create the relationship of principal and agent between Company and Customer or the relationship of employee/employee between Customer and any individuals assigned by Company to perform the Services, nor shall it be construed to find Company to be a carrier, broker or third-party logistics provider.
     

15. NON-WAIVER. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.
     

16. ASSIGNMENT. Neither party shall assign any of its rights or obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
     

17. SEVERABILITY. If any provision of these Terms and Conditions shall be held to be invalid, or illegal or unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby.
     

18. VENUE. Customer consents to the exclusive venue and jurisdiction of the state and federal courts of the state in which Company received the goods from Customer and agrees that any action relating to or arising from these Terms, the rendering of services by Company, and or the Goods shall be brought only in said courts.  Customer consents to the exercise of in personam jurisdiction by said courts over it, but agrees that any action to enforce a judgment may be instituted in any jurisdiction.