SHIPPING AGREEMENT TERMS AND CONDITIONS
1. This agreement and its terms and conditions (“Agreement”) are made a part of Arrow Express Packing and Shipping’s (“Arrow”) quotes, estimates, and invoices.
2. “Goods” shall mean any and all items provided to Arrow for shipping, packaging, delivery, or storage.
3. “Consignor” or “Customer” shall mean the person or entity providing the Goods to Arrow.
4. “Carrier” shall mean the third party shipping company contracted by Arrow to transport the Goods on behalf of the Consignor.
5. “Consignee” shall mean the person or entity receiving the Goods.
TERMS OF AGREEMENT
6. By permitting Arrow to take procession of the Goods, Customer agrees to the terms and conditions contained herein.
7. Customer agrees to permit Arrow, if necessary, to utilize Carriers selected by Arrow.
8. Any statement by Arrow with regard to the delivery date, time or related scheduling is merely a statement of opinion and an estimation by Arrow and is not warranted or guaranteed in any way. Arrow is not liable for delays in shipping or delivery caused by forces outside of its control or as outlined in paragraph 15 herein.
9. The terms of Arrow invoices are 30 days unless otherwise agreed to between Arrow and Customer in writing prior to Arrow taking possession of the Goods except for customers that reside outside the 48 contiguous states, or are first time customers of Arrow, to which invoices are due prior to Arrow conducting any work. All invoices that remain unpaid after 30 days are subject to interest at one and a third percent (1.3%) per month.
10. Any work cancelled or rescheduled by Customer without twenty – four (24) hours notice will be subject to a one hundred dollar ($100.00) cancellation/rescheduling fee.
11. Arrow shall be granted and hold a lien on all Goods handled by Arrow until all invoices related to the goods have been paid in full.
12. Arrow expressly reserves the right to charge storage fees related to any Goods that remain in its possession for a period longer than 15 days. Storage rates are to be billed at a rate of $10.00 per skid, pallet or crate, per day. To the extent Goods remain in Arrow’s possession and are unpaid for a period longer than 90 days, Arrow assumes legal title to said Goods and shall have the right to dispose of said Goods as Arrow sees fit. Any proceeds from such a disposition will be applied to the amounts due Arrow. Any amounts that remain due after proceeds, if any, will remain the responsibility of the Customer.
13. Customer is responsible for any fees or expenses incurred in handling the Goods that are caused by Customer’ actions or inactions, including any storage fees for failure to take delivery of the shipment and any incorrect information provided by customer, including address and shipping information. This also includes any parking related fines, charges or related fees incurred by Arrow because of the location of the Goods or the Customer’s location for shipping or delivery.
14. A $75.00 fee shall be added to an invoice for any delivery or shipment that requires Arrow to provide a Certificate of Insurance (“COI”). If an umbrella policy of $ Five million dollars is requested, there will be a charge of $100.00.
LIMITATION ON LIABILITY
15. Declaration of a “statement of value” is not and does not constitute insurance or the purchase thereof. Arrow is not an insurance company and does not separately insure Goods. Customer acknowledges that Arrow has offered them insurance for their Goods through a third party insurance company. Any refusal by Customer of said insurance is done at the Customers own discretion. Arrow’s liability on uninsured shipments will be limited to $0.50 per pound up to a maximum of $50.00 per shipment unless a greater amount is declared prior to shipment, on the invoice, and applicable insurance charges paid thereon.
16. Arrow shall not be liable for any loss, damage, delay, misdelivery, or non-delivery, or other result caused by:
a) The act, default or omission of the consignor;
b) Improper or insufficient packing, securing, or addressing or any other violation of
the terms contained herein; or
c) Acts of God, perils of the air, insects, vermin, gradual deterioration, normal wear and tear, public enemies, public authorities acting under the authority of the law, quarantine, riots, labor disturbances, civil commotions, fuel shortages, water, rust, fire, changes in temperature, fumigation and deterioration after perils of the air, or hazards incident to a state of war.
17. Notwithstanding the foregoing, Arrow in no event shall be liable for any consequential, incidental or special damages, which may arise, from loss, damage, non-delivery or delay of any shipment. This limitation shall apply to and include, but not be limited to damages for loss of profit, loss of income or loss of business opportunity.
18. Arrow or its assignees will not be liable for items of extraordinary value including, but not limited to electronic or computer equipment, works of art, jewelry, money, precious metals, gems, furs, coins, bullion, or securities and other negotiable items. Said items are subject to the same terms as contained in paragraph 14 herein.
19. Customer acknowledges that Arrow contracts with Carriers for its shipments and that Arrow shall not be liable for any damage or loss caused by any party other than Arrow, including any liability with regard to the selection of the Carrier used.
20. Arrow will not consider any claim on previously damaged Goods or any claim with regard to damage that is noted and acknowledged by the Customer on the packing invoice. Any claim submitted with regard to previously damaged Goods or damage that is noted and acknowledged by the customer on the packing invoice will be considered fraud against Arrow and its insurance company and will be handled accordingly.
21. All tariffs or invoices must be paid in full before a claim can be processed. The amount of claims may not be deducted from transportation charges.
22. All claims for lost or damaged shipments must be made in writing and received by Arrow within 7 days after date of acceptance of the shipment by the Customer or their assignees or agents.
23. Refusal of any shipment will negate your right to file an insurance claim.
24. Any and all damaged Goods must be retained in its ORIGINAL packaging and crating for inspection by Arrow or its agents.
25.Customer agrees to take all steps necessary and prudent to mitigate all loss or damage to the Goods.
26. A Proof of Loss, satisfactory to Arrow and its insurance company, must be furnished including:
a) Photographs of the alleged damaged Goods;
b) Invoices and proof of payment of any repairs or replacements; and
c) Any other supporting documents related to the damaged Goods.
27. Customer agrees to assist Arrow in recovery of any loss associated with damaged Goods from any insurer or third party and Arrow invokes all legal rights it may have to minimize the effect of any loss.
28. Arrow and its insurance company shall become subrogated to all rights and remedies, if any, of the Customer in respect to such a loss.
29. Arrow warrants that the Goods are packaged to prevent damage from normal care in the handling of air, ground, or ocean shipments. Any glass, fragile items or electronic equipment must be identified as such by the Customer prior to Arrow taking possession or any claim against such shipment will be denied. To the extent the Goods are “Packaged By Owner”, Arrow assumes no liability as to the contents or loss or damage that is a direct result of the packaging or crating.
30. Arrow only is responsible for the items contained on the bill of lading or invoice. Customer warrants that the invoice contains an accurate description of the Goods and that any claim for loss or damage will only be entertained if a description of the Goods is contained on the invoice or bill of lading.
31. The Consignor and Consignees shall be liable, jointly and severally, for all unpaid charges payable on account of such shipment including sums advanced or disbursed by Arrow on account of shipment.
32. Customer warrants that they have, to the extent applicable, informed all involved parties to the shipment of the Terms and Conditions of this Agreement.
33. Arrow reserves the right to open and inspect all Goods and reserves the right to refuse any Goods. Arrow will not package, ship or deliver hazardous material, illegal items, or contraband.
34. Arrow reserves the right to adjust all final prices based upon the actual weights, dimensions of the item(s) and quantity of items. Any adjustment and charges related to a correction of weight, dimensions and quantity will be added to the final invoice and customer agrees to pay any and all charges resulting there from.
35. This agreement supersedes all prior written or oral representation of Arrow and with the invoice constitutes the entire agreement between Customer and Arrow and may not be changed except in writing.
36. If any provision or part of this Agreement is held to be invalid or unenforceable, all other parts of this Agreement remain in effect. The laws of the State of New York shall govern this Agreement. Any legal action related to this Agreement must be filed in New York State Court, County of Nassau or the United States District Court for the Eastern District of New York. BY EXECUTING THIS AGREEMENT, CUSTOMER WAIVES ANY AND ALL RIGHTS TO LITIGATE ELSEWHERE. The prevailing party in any litigation initiated under this agreement shall be entitled to reasonable attorney’s fees and court costs incurred.