Terms and Conditions for Raleigh, NC
Terms & Conditions
In tendering this shipment, all parties/parties/party/ contracted party herein refers to at least one of the Seller/Shipper/Consignee /Payor in which signed this Contract, expressly agree to the terms and conditions set forth below, and on the back of this Contract:
Parties shall declare the value of the item(s) shipped. If parties' fail to declare a higher value craters and freighters' maximum liability for loss or damage of the item(s) shipped shall be One Hundred Dollars ($100.00). All parties hereby release ShipOnSite, its employees, agents and franchisees from any liability in excess of One Hundred Dollars ($100.00) in the absence of a declared value.
If parties declare a value of the item(s) shipped which exceeds One Hundred Dollars ($100.00), parties shall pay excess valuation charges based on applicable carrier and/or ShipOnSite's rates, and the item(s) shall be insured per the Contract.
Contracted party hereby accept responsibility for notifying Consignee of the terms and conditions of this Contract, and hereby agrees to hold ShipOnSite harmless for any loss or damage related to the shipped item(s) in excess of that described in (1) and (2) above. In any instance of arbitration or litigation relating to this Contract, or the item(s) shipped hereunder, the prevailing party shall be awarded its attorneys' fees and costs.
Additional terms of this House Bill (Contract): In tendering this shipment, all parties/parties/party/contracted party herein refers to at least one of the Seller/Shipper/Consignee/Payor in which signed this Contract, expressly agree to the terms and conditions set forth below on this Contract (House Bill). If the House Bill title on the first page/side of this document reads "Limited Liability Coverage", then proceed to a) below; if the House Bill title on the first page/side of this document reads "Standard", "Used Machinery/Equipment", or "JSO", then ignore a) and proceed to b) below:
a) Contracted party acknowledges that the item(s) shipped under this Contract are insured only for the disappearance of an entire package. Contracted party acknowledges that a choice was given regarding the type of insurance to ship the item(s) under and that contracted party knowingly and voluntarily made the decision to ship the item(s) with disappearance only coverage. Contracted party acknowledges and agrees that ShipOnSite shall not be responsible for any visible or concealed damage to the item(s) shipped hereunder, or for any delay in transportation. Contracted party shall declare the value of the item shipped. If contracted party fails to declare a higher value, ShipOnSite maximum liability for loss of the item(s) shipped shall be Fifty Dollars ($50.00). Contracted party hereby releases ShipOnSite, its employees, agents and franchisees from any liability in excess of Fifty Dollars ($50.00) in the absence of a declared higher value.
b) If contracted party declares a value of the item shipped which exceeds Fifty Dollars ($50.00), he/she shall pay excess valuation charges based on applicable carrier and/or ShipOnSite rates, and the item shall be insured for loss and damage up to the declared value listed on the front of this Contract. The following terms and conditions apply to all House Bills and all parties/parties/party/contracted party (Seller/Shipper/Consignee/Payor) agrees to the following terms and conditions:
By signing this Contract, party agrees to pay all sums due in accordance with the terms set forth herein. In the event that any payment required by this Contract is not paid when due, ShipOnSite shall be entitled to receive, in addition to the principal amount due, interest calculated at the rate of one and one-half percent (1.5%) per month, from the date of invoice until paid. Contracted party agrees that, in the event any sums due under this Contract become subject to any collection activity, ShipOnSite shall be entitled to receive all reasonable costs and expenses of collection and/or suit, including but not limited to its attorneys' fees and costs. Contracted party agrees that this agreement is made and entered into in the city and state, of the shipping location, as appears on the front of this Contract and that performance by payment is made at the city and state that appears on this Contract.
No agent, employee or servant of either contracted party or ShipOnSite may alter, amend or otherwise modify any term, provision or condition of this Contract. Any such alteration, amendment or other modifications shall be void and of no force or effect.
In tendering customer packed goods for carriage, party warrants that the shipment is packed adequately to protect the enclosed goods to ensure safe transportation with ordinary care and handling, and that each package is appropriately labeled and is in good order (except as noted) for carriage as specified.
International air carriage is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed by Warsaw, October 12, 1929.
In the absence of a declared value, ShipOnSite's liability with respect to this shipment is expressly limited to the maximum sum of Fifty Dollars ($100.00). Except as otherwise expressly provided herein, ShipOnSite's liability is limited up to the declared value of the shipment, the amount of invoice, or if there is no invoice, the actual cash value at the time the loss or damage occurs, or the cost to repair or replace the item(s) with material of like kind and quality, whichever is lower. With the exception of Limited Liability Coverage, ShipOnSite and/or its insurance carrier may at their sole option, cause any damaged items(s) to be repaired or restored by their designee and such repair and/or restoration shall exonerate ShipOnSite and/or its insurance carrier from any further claims or damages whatsoever.
If the face of this Contract is designated as a Job Service Order (JSO), the coverage is in effect only while the item(s) are in the care, custody, and control of ShipOnSite. There will be no motor carrier shipping documents attached therefore; ShipOnSite will not be liable for any damages to the contents of the containers.
Contracted party must itemize the values of each item on a multiple item shipment. In the event of a claim without itemized values, the maximum amount that will be paid per item will be determined by dividing the party's total declared value by the number of items in the shipment.
ShipOnSite is only liable for loss, damage, delay, misdelivery, or nondelivery caused by its own negligence. ShipOnSite is not liable for loss, damage, delay, misdelivery or nondelivery caused by (i) the act, default or omission of contracted party, or any other party who claims an interest in the shipment, (ii) the nature of the shipment or any defect, or any characteristic thereof, (iii) violation by any party of any of the conditions of Contract contained in this Contract, including, but not limited to improper or insufficient packaging, securing, marking or addressing, or failure to observe any of the rules relating to the shipment(s) not acceptable for transportation or shipments acceptable only under certain conditions, (iv) acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts of omissions of customs or quarantine officials, riots, strikes or other local disputes, civil commotions, hazards incident to a state of war or acts of terrorism, weather conditions or mechanical delay of aircraft, or (v) acts or omissions of any person other than ShipOnSite, including compliance with delivery instructions from contracted party. Further, ShipOnSite shall not be liable for: (a) Customer packed goods where there is loss or damage to articles loaded or sealed in packages provided by party; (b) any mechanical failure of any electronics, musical instruments, appliances, clocks, radios, cameras, or other mechanical or electronic items of any kind or nature; (c) any claims for damage where such damage recurred in a place where prior damage existed, or where such prior damage was previously repaired or restored; (d) for any claims or damages resulting from or to finishes incompletely or inadequately cured or dried, or which were previously broken down from age, abuse, or otherwise; (e) any claims for loss or damage to abandoned goods or for shipments refused, delayed, redelivered, misdelivered or not delivered by reason of the fault of the contracted party, whether in the possession of ShipOnSite, Carrier, or any third party; (f) any internal, unsecured or insufficiently secured, or other inherent vice contained within item(s) shipped which results in damage to item(s); (g) spoilage, contamination, freezing, rusting, oxidization, discoloration, scratching, denting, marring, chipping, mechanical and/or electrical derangement, extremes of temperature or air pressure, shrinkage, evaporation, change in flavor, appearance, or texture; (h) damage caused by hazardous materials where proper information was not provided prior to tendering the item(s).
IT IS THE CONTRACTED PARTY'S RESPONSIBILITY TO ALERT SHIPONSITE SHOULD THE COMMODITY TENDERED FOR PACKAGING CONTAIN ANY HAZARDOUS MATERIALS OR DANGEROUS GOODS. THE TERM "HAZARDOUS MATERIAL" AND "DANGEROUS GOOD" SHALL BE DEFINED BY FEDERAL, STATE AND/OR LOCAL LAW.
SHIPONSITE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, INTEREST, OR INCOME WHETHER OR NOT CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
WRITTEN NOTICE OF LOSS DUE TO DAMAGE OR SHORTAGE MUST BE REPORTED BY A PARTY TO SHIPONSITE WITHIN FIVE (5) DAYS FOR VISIBLE DAMAGE AND TWELVE (12) DAYS FOR CONCEALED DAMAGE AFTER THE DELIVERY OF THE SHIPMENT. WRITTEN NOTICE OF LOSS DUE TO NONDELIVERY MUST BE REPORTED BY A PARTY TO SHIPONSITE WITHTIN THIRTY (30) DAYS AFTER ACCEPTANCE OF THE SHIPMENT FOR CARRIAGE. Supporting documentation for all claims must be submitted in writing to ShipOnSite within ninety (90) days after delivery, in order to process the claim. In the event additional documentation is required to evaluate the claim then all parties agree that such additional documentation must be submitted to ShipOnSite within nine (9) months after delivery. No cargo, loss, or damage claim will be processed until all charges have been paid. The amount of a claim may not be deducted from the charges. Receipt of the shipment by Consignee without written notification of damage on the delivery receipt shall be prima facie evidence that shipment was delivered in good condition, except in the case of claims for concealed damage which is not discovered at the time of delivery. A party shall notify the shipping ShipOnSite location promptly in writing after the discovery of concealed damage and in any event no later than twelve (12) days from the date of delivery. All parties must make the original shipping cartons and packaging available for inspection by ShipOnSite. Claims for overcharges and refunds must be made in writing to ShipOnSite within thirty (30) days of the billing date. All claims must be filed by a party, and the party shall require its Consignee to (a) note all damages on the carrier's delivery receipt, (b) retain all packaging materials, (c) provide photographs of the damaged items and the packaging materials, and (d) notify contracted party and ShipOnSite of any loss within the time(s) specified herein. Suits for loss, damage, injury or delay shall be instituted against the shipping ShipOnSite location no later than two (2) years and one (1) day from the day when written notice is given by ShipOnSite to a party that ShipOnSite has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, then ShipOnSite shall not be liable for such claim, and such claims will not be paid.
Unless contracted party specifies prior to shipment, ShipOnSite is responsible to transport with reasonable dispatch but is not bound by a particular schedule or time in any market or mode of transportation. ShipOnSite may forward any shipment via another carrier without approval or notification.
For international shipments, all parties assert that what is being shipped to the country of destination is not illegal. ShipOnSite assumes no liability or responsibility for any shipment that is of an illegal nature in the importing country. Furthermore, ShipOnSite is not a customs broker, nor does ShipOnSite act as a facilitator between all parties and the Customs Authorities for the importing country. Freight charges do not include any customs clearance whatsoever. All duties, taxes, fees, storage, etc. imposed by the importing country are the sole responsibility of the contracted party. ShipOnSite's sole responsibility is the transporting of goods to the country of destination.
Contracted party shall enter the amount of any Shipper's COD charges which shall be collected subject to the fees and rules of the delivering carrier.
By signing this Contract, contracted party agrees to all the terms and conditions stated in this agreement and additionally certify that this cargo does not contain any unauthorized explosives, incendiaries or hazardous materials (unless contracted party has previously notified ShipOnSite in writing of the presence of such hazardous materials). Contracted party consents to a search of this cargo. Contracted party is aware that this endorsement and original signature, along with other shipping documents, will be retained on file for at least thirty (30) days.
(a) Due to fault or mistake of the Party and the shipment is unable to be delivered, the liability, except as otherwise limited below, shall then become that of a warehouseman. ShipOnSite shall promptly attempt to provide notice to Party as designated on this Contract, by telephonic or electronic communication. Storage charges shall start no sooner than the next business day following the attempted notification. Storage may be, at ShipOnSite's option, in any location that provides reasonable protection against loss or damage. ShipOnSite may place the shipment in public storage at the Party's expense and without liability to ShipOnSite. (b) If ShipOnSite does not receive disposition instructions within 48 hours of the time of its attempted first notification, ShipOnSite will attempt to issue a second and final confirmed notification. If ShipOnSite does not receive disposition instructions within ten (10) days of 2nd notification, ShipOnSite may, at their discretion, dispose of or offer the shipment for sale at a public auction and has the right to offer aforementioned. The amount of sale will be applied to ShipOnSite's incurred expenses for transportation, storage and other lawful charges. The Party will be responsible for the balance of charges not covered by the sale of the goods. (c) Where ShipOnSite has attempted to follow the procedure set forth in subsections (a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of ShipOnSite at its option to sell the property under such circumstances and in such manner as may be authorized by law. (d) Where ShipOnSite is directed by Party to unload or deliver property at a particular location other than origin and/or destination as designated on this Contract, the risk after unloading or delivery shall not be that of ShipOnSite.
Any problems, questions or concerns encountered must be directed to the shipping ShipOnSite location.