COURIER TERMS AND CONDITIONS
    • Defined: Any shipment picked up/delivered in a Car, Cargo Van, SUV, Mini-Van, Sprinter, Pickup Truck, etc

Declared Value and Insurance

1.) 24/7 Express Logistics, Inc., liability in the absence of a higher declared value for carriage is limited to $0.50 per pound up to a maximum of $50.00 unless greater amount is declared prior to the shipment, declared on the bill of lading, and applicable declared value charges paid thereon. The maximum declared value for any shipment is $10,000.00.

This limitation is subject to revision as published in 24/7 Express Logistics, Inc. tariffs in effect at the time of a shipment. Declared value for carriage shall be subject to an excess valuation charge of $0.65 per $100.00 of declared value.

2.) 24/7 Express shall not be liable for any loss, damage, delay, mis-delivery, non-delivery or other result caused by:

(a) Any act, default or omission of the consignor.

(b) The nature of the shipment or inherent thereof.

(c) Improper or insufficient packing, securing or addressing or any other violation of the terms contained herein.

(d) Acts of God, perils of the air, public enemies, public authorities acting under the authority of the law, quarantine, riots,       labor disturbances, civil commotions, fuel shortages or hazards incident to a state of war.

3.) Notwithstanding the foregoing, 24/7 Express Logistics, Inc 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, loss of interest or loss of business opportunity.

4.) 24/7 Express Logistics, Inc and/or its assignees will not be liable for items of extraordinary value including, but not limited to: electronics, computer equipment, and works of art, jewelry, money, precious gems, furs, coins, bullion, securities and other negotiable items. Such items may be accepted but the maximum liability is $50.00 per shipment.

5.) For a financial document shipper: liability limits include but are not limited to, deposit records, checks and similar items, 24/7 Express Logistics, Inc liability limits as described above applies only to the cost of reproduction, not actual value. Appropriate risk management requires shipper’s keeping records: that permit it to identify its depositors and endorsers on a cash item or returned check in case the item is lost or destroyed; and which would be needed to reconstruct a transaction account and to trace a check deposited in such account.

6.) Shipper warrants that the shipment is packaged sufficiently to prevent damage that would arise in the normal handling of air or truck shipments. Any glass, fragile items or electronic equipment must be identified as such and be professionally packaged or crated for shipment or any claim against such shipment will be denied.

7.) The consignor and consignee shall be liable, jointly and severally, for any unpaid charges due and payable on account of such shipments, moved in their behalf including sums advanced or disbursed by the forwarder on account of any such shipment.

8.) 24/7 Express Logistics, Inc also reserves the option to deal with any shipment tendered to it as an agent for the shipper.

9.) Shipper warrants that the shipment is properly described on the freight document (bill) as to its proper contents and/or value. 24/7 Express Logistics, Inc reserves the right to open and inspect any shipment.

10.) All items tendered to 24/7 Express Logistics, Inc are subject to reweighing by 24/7 Express Logistics, Inc and are subject to recalculation of charges based on such reweighing. Regardless of actual classification, or that claimed by the shipper, carrier shall reserve the right to determine dimensional or actual weight or reweigh while in its possession to be transported on a correctly stated freight bill. To determine dimensional weight, the extreme measurements of the length times the width times the height of the article (s), in inches shall total the cubic inch content. For ground shipments, the chargeable weight is computed by dividing the cubic inch content by a factor of 250 cubic inches per pound. For all Air shipments, weight is determined by the greater of: actual shipment weight or the dimensional weight (length times width times height) divided by 194.

 

Payment of Charges/Default

1.) On approved credit and with a valid 24/7 Express Logistics, Inc. Customer Account number, 24/7 Express Logistics, Inc credit terms require invoices to be paid upon receipt or agreed upon net terms with late fees starting at 15 days from customer’s receipt of invoice. (After 30 days add 10% to total invoice, after 45 days add 15% to total invoice, after 60 days add 20% to total invoice.)

2.) Nonpayment of any invoiced shipments or any other default by any and all parties under these Terms and Conditions of Services shall constitute a claim by 24/7 Express Logistics, Inc against such parties and such parties, in addition to accepting liability for such claim of payment or other damages, shall be liable for all costs related to the collection of such claim, including but not limited to, court costs, attorney’s fees, and related expenses.

 

Claims

1.) Claims Procedures

(a) All claims for lost or damaged shipments must be submitted in writing and received by 24/7 Express Logistics, Inc within the prescribed limits of the date the shipment is accepted by the consignee (or reasonable time has been allowed for delivery to occur).

  1. Courier limits are 15 days and freight limits are 9 months from the date any shipment should have delivered. Consignees must accept damaged freight until the claims process can be initiated.
  2. Merchandise must be retained in its original shipping container until an inspection can be scheduled and completed. 24/7 Express Logistics, Inc will arrange for or perform the inspection within 15 days of notification.
  3. Satisfactory proof of loss must be furnished including invoices and supporting documents such as repair bills.
  4. Claimant agrees and understands that federal regulations require every effort be made to reduce the loss and assist 24/7 Express Logistics, Inc. in recovery from any insurer and invoke all legal rights shipper may have to minimize the effect of any loss.
  5. 24/7 Express Logistics, Inc or its insurer shall honor all rights and remedies, if any, of claimant in respect to such a loss, based on the respective mode of transport used and that mode’s respective liabilities.

(b) Claims for overcharges must be made in writing to 24/7 Express Logistics, Inc within one year of the shipment’s delivery date. Freight shipments have 18 months in which to file overcharges.

(c) No claims for loss or damage to a shipment will be processed until all transportation charges have been paid. The amount of any open claims may not be deducted from transportation charges.

 

2.) In the event that any provision of the Claims Procedures Agreement shall be deemed invalid, it shall not invalidate any remaining clause, phrase or section of this agreement.

 

Rate Changes

24/7 Express Logistics, Inc reserves the right to change its shipping tariffs on all shipments without serving prior notice to shipper and any such surcharge may apply for any period of time as deemed necessary by 24/7 Express Logistics, Inc.

Fuel Surcharges

24/7 Express Logistics, Inc reserves the right to assess a fuel surcharge on all shipments without serving prior notice to shipper and any such surcharge may apply for any period of time as deemed necessary by 24/7 Express Logistics, Inc. The price of fuel is obtained from the Energy

Information Administration website:

http://www.eia.doe.gov. Every Tuesday we check the previous Monday’s fuel price in the U.S. region to determine our fuel surcharge. You may click on the links to see your fuel surcharge addendum.

Courier – Gasoline

http://www.eia.doe.gov/oil_gas/petroleum/data_publications/wrgp/mogas_home_page.html

Governing Law/Jurisdiction for Disputes

The Terms and Conditions of Service contained herein shall be governed by and constructed in accordance with the laws of the Commonwealth of Missouri and, in the event of any disputes whatsoever under such Terms and Conditions of Service, each of the parties herein irrevocably submits to the non-exclusive jurisdiction of the Courts of the Commonwealth of Missouri.


FREIGHT TERMS & CONDITIONS
  • Defined: Any shipment picked up/delivered in a Straight Truck (16ft, 24ft, 26ft, 28ft, etc), Semi-Trailer Truck

LIMITATION OF CARRIER’S LIABILITY

Except as otherwise provided herein, carrier’s maximum liability for goods lost or damaged in transit shall be limited to the actual value of the goods, not to exceed the maximum value per pound as outlined herein. The maximum value per pound shall be determined by the actual Class of the articles tendered for transportation, as published in the NMFC 100 series, or at an exception class, whichever is less, and will apply to the weight of the lost or damaged articles. In no case shall 24/7 Express Logistics liability for loss or damage to articles be greater than the amounts referenced below. The maximum liability shall never exceed $100,000 per occurrence.

 

Class                     Maximum Value Per Pound

50                                        $ 1.00

55                                        $ 1.00

60                                        $ 2.00

65                                        $ 2.00

70                                        $ 3.00

77.5                                     $ 3.00

85                                        $ 4.00

92.5                                     $ 4.00

100                                      $ 5.00

110                                      $ 5.00

125                                      $ 5.00

150                                      $ 5.00

175                                      $ 5.00

200                                      $ 5.00

250                                      $ 5.00

300                                      $ 5.00

400                                      $ 5.00

500                                      $ 5.00

 

NOTE: This item does not apply on those commodities named in the NMFC that are subject to specific released value provisions which are lower than the maximum value per pound outlined in this ITEM, nor as provided in Item 196 of this Tariff.

 

  1. If the shipper does not properly describe the freight on the Bill of lading or uses a description of “FAK” or “Freight All Kinds” or other language that does not properly identify the commodities shipped, subsequent claims for shortage or damage will be based on the     lowest value of any commodity contained in the shipment.

 

  1. Liability for loss, damage or destruction to any shipment of furniture, cabinets, vanities, whirlpools, spas, tubs, consumer electronics, appliances, motorized vehicles such as motorcycles, scooters, dune buggies shall be limited to be a maximum of $1.00 per pound per distribution package

 

  1. Liability for loss, damage or destruction to any shipment or part thereof in connection with Spot Quote or Volume Quote pricing shall be limited to the following:

a) Actual invoice cost of the shipment

b) Applicable limit of liability provided in the NMFC

c) $1.00 per pound per package, subject to a maximum of $10,000 per shipment.

 

  1. Carrier is fully exempt from any liability in cases where cargo loss or damage is caused by acts of local, state or federal governments, extreme weather conditions, or any Acts of God.

 

 

LIABILITY ON REFURBISHED OR USED ARTICLES

Shipments of any used or refurbished articles will be accepted by 24/7 Express Logistics only when the entire shipment is released to a value not exceeding $0.10 per pound per article. If the shipper fails or declines to execute the released valuation statement or designates a value exceeding $0.10 per pound per article, the shipment will not be accepted. If the shipment is inadvertently accepted by 24/7 Express Logistics, the released valuation shall be $0.10 per pound per article and the shipment shall move from origin to destination at that released value.

 

CLAIMS, LOSS AND DAMAGE

For principles and practices for the investigation and disposition of freight claims, see National Motor Freight Traffic Association, Inc., Agent NMF 100 series. To file a claim you may contact claims@247expresslogistics.com to submit the necessary documents.

 

PAYMENT OF CHARGES                                                                                                 

All rates, charges and other amounts named in this tariff, or in tariffs made subject to this tariff, are stated in the United States currency and are to be paid in lawful money of the United States.

(1) Credit Period: Unless otherwise provided, 24/7 Express Logistics credit period is 15 days and begins on the day following presentation of the freight bill. It includes Saturdays, Sundays and legal holidays. Freight charges must be paid within the 15-day credit period. If payment is not made within the 15-day credit period, service charges will be applied.

(2) Extended Credit Periods (Beyond 15 days): When the credit periods for specific customers are extended for more than 15 days (up to a maximum of 30 days) by published tariff rules as authorized by the Code of Federal Regulations (49 CFR § 377.203) and the payer of the freight charges fails to make payment within the authorized credit period, service charges will be applied.

(3) Remitting Payments: When remitting freight charges, payer must enclose with remittance, a statement advising which pro(s) payment pertains. Notwithstanding this requirement, payments may be allocated pursuant to provisions of paragraph (4) of this Item (directly below).

(4) Allocation of Payments: When you (hereinafter Shipper/Payer) tender freight to us (hereinafter Story Transport) subject to provisions of this rules tariff, you authorize us to allocate your payments and credits in a way that is most favorable to or convenient for us. Your authorization is granted in consideration of credit terms extended by us and grants us full discretion as to how payments are applied. For example, you authorize us to apply your payments and credits to your oldest balances before we apply them to your more current balances.

(5) Notification to Customers Regarding Service Charges: Pursuant to requirements in 49 CFR § 377.203 associated with the establishment of service charges, 24/7 Express Logistics does by this item establish service charges as described below and does hereby notify shippers of the following:

(1) The only purpose of the service charges is to prevent a shipper who does not pay on time from having free use of funds due to the carrier.

(2)  24/7 Express Logistics does not sanction payment delays; and,

(3) Failure to pay within the authorized credit period will, despite this provision for service
charges, continue to require 24/7 Express Logistics, before again extending credit,to
determine in good faith whether customer will comply with the credit regulations in the future.

(6) Service Charges: When the payor of the freight charges fails to make payment within the applicable credit period, the following will be assessed on the day following the last day of the authorized credit period, on each unpaid freight bill, in addition to all other lawful, freight and accessorial charges as provided in applicable tariffs.

The greater of a charge of 50% of the unpaid balance or removal of the discount provided and subject to a minimum charge $123

NOTE 1: This paragraph is only applicable to the nonpayment of original, separate and

independent freight bills and does not apply to the aggregate balance due claims sought for a collection on any past shipments by a bankruptcy trustee, or any other person or agent.

NOTE 2: This paragraph shall not apply to instances of clerical or ministerial error such as non-

receipt of carrier’s freight bill, or a shipper’s payment check lost in the mail, or a carrier mailing the freight bill to the wrong address.

NOTE 3: This paragraph shall not apply in any way to a charge for transportation service if the carrier’s bill-of-lading independently provides that the shipper is liable for fees incurred by the carrier in collection of freight charges on that transportation service.

(7) Responsible Parties: Shippers, Consignees, Third-parties and Agents for Shippers or Consignees, Holders of Bills-of-Lading and Owners of property moved by carrier are jointly and severally liable for freight charges and collection charges in accordance with the Rates, Classifications and Rules Tariffs that have been established by the carrier, each of which is available from the Carrier upon request. Such parties are responsible:

(a) For all unpaid charges on account of a shipment pursuant to the Bill-of-Lading Contract, tariff or other contract covering the shipment regardless of whether all parties are listed or “in privity” of the contract under which the shipment moved; and,

(b) To pay and/or indemnify carrier for all claims, fines, penalties, damages, costs and other

sums, including attorneys’ fees, which may be incurred by carrier by reason of any violation of the shipment contract/tariff or any other default of the shipper, consignee or their agents.

Example: Under this paragraph, carrier is entitled to recover all of his costs, including attorneys’ fees, of collecting delinquent freight bills. Carrier is also entitled to seek payment from any of the parties listed above when the party initially responsible for payment fails to pay.

(8) Offsetting Charges Not Allowed: Customer shall not offset from or delay the payment of lawfully established transportation charges due 24/7 Express Logistics as a result of any overcharge claim, charge-back, duplicate payment or loss and/or damage cargo claim. A formal claim shall be filed and processed separately.

 

Rate Changes

24/7 Express Logistics, Inc reserves the right to change its shipping tariffs on all shipments without serving prior notice to shipper and any such surcharge may apply for any period of time as deemed necessary by 24/7 Express Logistics, Inc.

 

Fuel Surcharges

24/7 Express Logistics, Inc reserves the right to assess a fuel surcharge on all shipments without serving prior notice to shipper and any such surcharge may apply for any period of time as deemed necessary by 24/7 Express Logistics, Inc. The price of fuel is obtained from the Energy

 

Information Administration website:

http://www.eia.doe.gov. Every Tuesday we check the previous Monday’s fuel price in the U.S. region to determine our fuel surcharge. You may click on the links to see your fuel surcharge addendum.

 

Trucking – Diesel

http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp

 

Governing Law/Jurisdiction for Disputes

The Terms and Conditions of Service contained herein shall be governed by and constructed in accordance with the laws of the Commonwealth of Missouri and, in the event of any disputes whatsoever under such Terms and Conditions of Service, each of the parties herein irrevocably submits to the non-exclusive jurisdiction of the Courts of the Commonwealth of Missouri.