EXHIBIT EXPRESS, INC.
TERMS AND CONDITIONS OF CONTRACT
1. DEFINITIONS As used in this contract, the term, “We”, “Our”, and “Us” refer to EXHIBIT EXPRESS, its employees, agents, subsidiaries and contractors. “You” and “Your” refer to the sender, recipient, their employees and agents.
2. TERMS OF AGREEMENT By giving us your shipment, you hereby consent to all of the terms in this waybill and in our current tariffs and service guide which is available upon request. If there is a conflict between our tariffs or current service guide and this waybill, the tariff or service guide shall prevail. No agent, employee or representative of ours has the authority to alter, modify or waive any terms of this agreement.
3. RESPONSIBILITY FOR THE COMPLETING THE WAYBILL You are responsible for accurately completing this waybill. We reserve the right to correct any part of the waybill to accurately reflect the articles shipped based upon inspection of the shipment.
4. RESPONSIBILITY FOR PACKAGING By tendering the shipment for carriage hereunder, you warrant that the shipment is packaged accurately to protect the goods and insure safe transportation with ordinary care and handling, and labeled for proper handling and delivery of the goods. Uncrated, unprotected, or improperly packaged merchandise is handled by us at the sole risk of the sender and no liability is assumed in the event of damage to any such merchandise. You further warrant that the contents of the shipment may be lawfully carried over public highways and/or aboard airline, aircraft and is not a prohibited or restricted commodity under any applicable law or regulation or requiring special documentation or labeling.
5. LIABILITIES NOT ASSUMED OR INSURED AGAINST Except as applicable laws may otherwise require we shall not be liable to you or any other person for any damage delay, decay, spoilage, discoloration, bruising, decomposition, freezing, thawing, rusting, oxidation, or loss of any nature (hereinafter collectively referred to as “damage”) arising out of or in connection with the carriage of your shipment, unless such damage is proved to have been caused by our negligence or willful fault and there has been no contributory negligence on the part of the sender, recipient, or any other party. We shall not be liable for any damage directly, or indirectly caused by (a) Acts of God, public enemies, quarantine, riots, strikes, civil disorders, commotions, or hazards or dangers incident to a state of war; (b) any default or acts of omissions, including but not limited to improper or insufficient packing, securing, making or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the shipment; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) any violation by you or the recipient of the terms of our agreement; (e) compliance with laws, governmental regulations, orders or requirements of any jurisdiction or from any other cause beyond our control; (f) events we cannot control such as weather conditions, mechanical delays or failures; or (g) loss or damage to shipment of cash, currency, or other prohibited items as specified in our tariffs or service guide.
6. LIMITS OF LIABILITY AND INSURED VALUE LIMITS The charges for carriage hereunder have been in part based upon either the value declared by the sender or in the absence of such insured value our limitation of liability. Our liability should in no event exceed your insured value stated on the face of the waybill, and, in the absence of such insured value and payment of the additional charges for such insurance, our liability for that part of the consignment lost or damaged shall be limited to the lower of the following: (a) actual value, or (b) $50 per pound per piece of that part of the shipment which is lost, destroyed, or damaged. You may eelect to declare a higher value only by your written declaration on the waybill and by payment of the additional charge or such declared-value insurance. You may declare a value up to the specific limits in our current tariffs or service guide, by payment of the additional charges for such. Shipments containing certain articles will not be accepted for transportation or will be accepted subject to the special limitations of liability as set forth in our current tariffs or service guide. These articles include but are not limited to shipments prohibited by law, gold silver and similar precious metals, money, jewelry, negotiable paper and all like valuables, works of art, antiques, furs, watches, personal effects, original film prints, original wearing apparel designs, live stock, alcoholic beverages, and hazardous waste. We will not be liable for breakage or damage to paintings, statuary, and other works of art and articles of virtue. We will not be liable for any consequential, incidental, or special damages regardless of whether or not we have such knowledge that such damages might be incurred including but not limited to loss of income profits. All claims shall be subject to proof of value and the limitations of insurance enumerated in the actual policy obtained in your behalf a copy of which is available on request from carrier.
7. CLAIMS If the recipient accepts the shipment without noting any damage on the delivery record, this shall be prima facie evidence that the shipment was delivered in good condition, and act as a bar to the assertion of any claim for loss or damage. In the event of a claim for concealed damage, we must be notified immediately upon discovery, and in the event no later than three (3) days from the date of delivery, and we shall be entitled to make an inspection within a reasonable time of such notification, of this shipment, its contents, the original shipping carton and all packing material. The failure to follow the foregoing rules shall bar any recovery. In any event, no claim for loss, damage or delay shall be considered unless presented in writing to our office within 270 days from the date of acceptance of the shipment by us. As a condition of precedent to the consideration of any claim by us, all transportation charges must be paid in full. No claim may be deducted from any transportation charges due to us. Any right to bring an action for enforcement of any claim for damages or loss shall be extinguished if not commenced within two (2) years of our denial of claim or any portion thereof. Any claim for overcharge of duplicate billing must be made in writing and received by us within 90 days of shipment, and any action to enforce same shall be extinguished if not commenced within one (1) year from the date of our denial of claim or any portion thereof.
8. RIGHT TO INSPECTION We may at our option, open and inspect any shipment for any reason, including but not limited to verification of contents prior to or after acceptance of the shipment for transportation.
9. RESPONSIBILITY FOR PAYMENT Irrespective of the instructions given for collection of the transportation, insurance and other charges incurred on the shipment, including but not limited to charges for returning, rerouting, or storage charges, by sending a shipment, the shipper hereby guarantees payment of all charges accruing on the shipment, unconditionally. You and the recipient shall jointly and severally indemnify us of all claims, fines, penalties, damages, cost and other amounts which may be incurred by and imposed upon us by reason of any breach by the sender or the recipient of any provisions of this contract or law. We shall have a lien on any of your shipments for all amounts due and payable to us.
10. QUALIFIED ACCEPTANCE We reserve the right to reject your shipment at any time, when in our sole judgment such shipment might cause damage or delay to other shipments, equipment or personnel, or if the transportation of your shipment is prohibited by law or is in violation of any rules contained in the waybill, or tariffs of our service guide.
11. WEIGHTS AND CORRECTIONS Transportation charges for this shipment are based on the greater of the actual or dimensional weight based on 194 cubic inches per pound. We may reweigh or measure any shipment at any time and make appropriate corrections on shipping and billing documents.
12. UNENFORCEABILITY AND INVALIDITY To the extent that any provision of this contract is held to be unenforceable as contrary to any applicable law or governmental regulations, such provisions shall be effective to the extent that it is not held to be unenforceable. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provision hereof.