The customer upon requesting services is agreeing to these Terms and Conditions for Service ("Agreement"). The applicant(s) ("Customer") executing the Application found on Cargo Services Express's website hereby agree(s) that liability and payment for all services is subject to the following terms and conditions:

1. Agreement. In the absence of a written agreement or in conjunction with a written agreement signed by any freight forwarder or broker or its affiliates, principals, agents, franchisees, and distributors (hereinafter "Customer") and Cargo Services Express, Inc. (hereinafter "Carrier"), these Terms and Conditions (hereinafter "Agreement") and those in Customer's alert (together, the "Agreement") are controlling, as well as govern the offer, sale, and/or services provided by Carrier to Customer. By accepting Carrier's quotation or transmitting to Carrier an alert, delivery instruction, delivery receipt, purchase or confirmation order, bill of lading, master air waybill, house air waybill, acknowledgment, or similar document (oral, written, electronic) (hereinafter "Alert"), or engaging Carrier to perform any service, including but not limited to pick-up, delivery, storage, or packing, Customer evidences its agreement to be bound by this Agreement.

This Agreement supersedes all previous Terms and Conditions for Service, amendments, supplements, and other prior or subsequent statements concerning liability, rates, and conditions of Cargo Services Express, Inc. to which these terms and conditions apply. The downloadable version (PDF) of the Cargo Services Express, Inc., Terms and Conditions at www.cargoservicesexpress.com effective on the date of shipment is controlling.

Cargo Services Express, Inc. reserves the right to unilaterally modify, amend, change or supplement the Terms and Conditions for Service, including, but not limited to, the rates, service, features of service, without notice. Only an executive officer of Cargo Services Express, Inc., may authorize a supplement to, modification, change or amendment of, the Agreement. No other agent or employee of Cargo Services Express, Inc. of Cargo Services Express, Inc. is authorized to do so.

2. NON-WAIVER. Any failure by Carrier to enforce or apply a term, condition, or provision of the Agreement shall not constitute a waiver of that term, condition, or provision or otherwise impair our right to enforce or apply such a term, condition or provision in the future.

3. RATES AND SERVICE QUOTATIONS. If there is a conflict between this Agreement and the terms and conditions on any other written agreement or Alert, the terms and conditions in this Agreement will control.

Rates and service quotations by our employees or agents are based upon the information you, the Customer, provide, but final rates and service may vary based upon the shipment actually tendered and the application of these Terms and Conditions for Service.

4. PAYMENTS. Customer agrees that all amounts due for services provided by Cargo Services Express, Inc. are payable at P.O. Box 823835, Pembroke Pines, FL 33082-3835.

Customer agrees that all amounts due are not payable in installments, but are payable upon receipt of invoice. Cargo Services Express, Inc. reserves the right to demand payment of all outstanding and past due freight charges as a pre-condition for releasing any shipment(s) to consignee. Customer unconditionally, absolutely and irrevocably guarantees and promises to pay Cargo Services Express, Inc, on demand and in lawful money of the United States, all indebtedness and/or obligations of Customer to Cargo Services Express, Inc. Customer agrees to pay all attorney's fees and all other costs and out-of-pocket expenses which may be incurred by Cargo Services Express, Inc., in the enforcement of this guarantee. If amount due is not paid within said period a delinquency charge or late fee will be applied in the amount of $25.00 per month plus compound interest at the rate of 18% annually of the delinquent balance.

Customer is ultimately liable for and agrees to pay all Charges, even in the event of customer's insolvency, bankruptcy, or non-payment.

All charges must be paid in the lawful money of the United States of America.

All new accounts require a credit card account on file. In the event that Customer's invoices become delinquent for more than sixty (60) days from the date of invoice issuance, Cargo Services Express, Inc. is hereby authorized to charge the credit card on file. Furthermore, if Charges are paid by payment card or by an electronic payment method, Customer expressly authorizes Cargo Services Express, Inc. to assess any charges and to obtain payment of the charges by use of the payment card or electronic payment method. If, for any reason, any such transaction is rejected or declined, the Customer will pay to Cargo Services Express, Inc. a declined transaction fee of ten dollars ($10) per incident, in addition to any late payment fees assessed by Cargo Services Express, Inc. and any collection costs that may be incurred by Cargo Services Express, Inc.

If, for any reason, a negotiable instrument submitted for Charges is returned unpaid, or an electronic request is dishonored, Cargo Services Express, Inc. may charge the customer a dishonored payment fee of twenty dollars ($25) per incident, in addition to any late payment fees assessed.

In the event the Account becomes delinquent and is turned over for collections, Customer agrees to pay all reasonable attorneys' and collectors' fees, plus all attendant collection/court costs. Cargo Services Express does not employ brokers or intermediaries to collect freight charges. Payment of freight charges to any entity other than Cargo Services Express, Inc., will not discharge the payment obligation of the Customer.

5. CONDITIONS OF SERVICE. This section sets out various restrictions and conditions that apply to the carriage of shipments by Cargo Services Express, Inc.

Service Restrictions and Conditions. This section sets out various restrictions and conditions that apply to the carriage of shipments by Cargo Services Express, Inc.

(i) Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Cargo Services Express, Inc. or its agents/affiliates, or the export or import of which is prohibited by applicable law.

(ii) Prohibited by Law: No service shall be rendered by Cargo Services Express, Inc. or its affiliates that is prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin country. It is the responsibility of the Customer to ensure that a shipment tendered to Cargo Services Express, Inc., or its affiliates, does not violate any federal, state, provincial, or local laws or regulations applicable to the shipment.

Right of Inspection. Cargo Services Express, Inc., reserves the right in its sole discretion to open and inspect any shipment tendered to it for transportation, but is not required to do so.

 

Claims

A. Definitions

Shortage means that the piece count of a shipment as received by Cargo Services Express is less than the piece count tendered at time of delivery or thereafter.

Non-Delivery means the entire shipment that was received by Cargo Services Express has not been delivered to the consignee.

Misdelivery means that a shipment received by Cargo Services Express, Inc.was not delivered to the correct local destination in Florida.

Concealed damage means damage that has occurred to the freight and is not visible or discernable because the exterior of the package is not damaged or has been received with no marking or notations indicating damage by the consignee on the delivery receipt.

Misrouted freight means freight that was diverted or directed to the wrong place or by the wrong route. Misrouted freight includes mispalletized freight traveling to the same location.

B. Time Limits

i. Claims for Shortage, Non-Delivery, or Misdelivery. We must receive notice of a claim due to shortage, non-delivery, or misdelivery in writing by postage prepaid certified return receipt U.S. Mail, within seven (7) calendar days after delivery of the shipment or of shipment's contracted delivery date if a non-delivery. Time is of the essence. Any claim not timely submitted for shortage, non-delivery, or misdelivery will be denied if not received within seven (7) calendar days of delivery or contracted delivery date. Cargo Services Express, Inc. requires this short notice to attempt to locate the missing or misdelivered shipment as well as mitigate damages and takes the position that if not timely notified by written prepaid postage certified return receipt U.S. Mail it may not be able to avoid damages that could have been remedied or mitigated with timely notice to the right parties and as such Cargo Services Express, Inc. will not be liable for damages for these types of claims if untimely made. Claims for shortage, non-delivery, or misdelivery, must be received within seven (7) days by our legal department at P.O. BOX 823835, Pembroke Pines, FL 33082-3835 or at the Law Office of Omaida Delgado, 10050 NW 116 WAY, STE 13 B, MEDLEY, FL 33178. Again, any delay in notification of our legal department within seven (7) days will result in a denied claim for shortage, non-delivery, or misdelivery.

ii. Claims for Damage. We must receive notice of a claim due to damage (visible only), within 60 calendar days after delivery of the shipment.

iii. Claims for misrouted freight, concealed damage, delay, and improper drafting of documentation. Cargo Services Express, Inc. does not entertain claims for concealed damage, delay, misroutes, or improper drafting of air waybills or bills of lading. Cargo Services Express, Inc. does not accept liability and is not insured for damages or consequential damages arising out of delay, misrouting of freight, concealed damage, or improper drafting of paperwork such as, but not limited to, air waybills, bill of ladings, and shipper hazardous declarations. Fully drafted documents should be submitted to Cargo Services Express, Inc. for tendering of shipments to the appropriate destinations. Any documentation filled out by Cargo Services Express, Inc.'s personnel is done purely as a courtesy and at the direction of Customer and Cargo Services Express, Inc. refuses to accept liability for any mistakes appearing on those documents.

iv. Other Claims. We must receive notice of all other claims within ninety (90) calander days after the package was tendered to Cargo Services Express, Inc. for shipment. Other claims are claim types not specified in other paragraphs of this Agreement.

C. FILING OF CLAIMS FOR LOSS OR DAMAGE TO PROPERTY

All claims for loss of or damage to property transported or accepted for transportation must:

(1) be in writing and must include reference to source document and date of shipment or other documents sufficient to identify the shipment involved;

(2) assert the liability of Cargo Services Express, Inc. for loss or damage;

(3) make claim for payment of a specified or determinable amount of money;

(4) and be accompanied by a copy of Carrier's invoice and proof of payment for that invoice.

All claim demands are to be mailed to: Cargo Services Express, Inc., Attn: Legal Department, PO BOX 823835, Pembroke Pines, FL 33082-3835.

D. Notice of all claims must be in writing. All claims must be made within the time limits set forth above. Time is of the Essence.

E. Your notice of claim must include shipper and recipient information, as well as date of shipment, reference number, air waybill number, number of pieces, and shipment weight.

F. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (A) through (C) will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.

G. In all types of claims, written documentation supporting the amount of the claim should accompany the filing of the claim. In any claim where documentation supporting the amount is submitted separately, the documentation must be submitted to prior to nine (9) months from the date the package was tendered to Cargo Services Express, Inc., for for delivery. Such documentation, may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, proof of payment, or other records. These documents must be verifiable to our satisfaction. Failure to submit documentation supporting amount timely or failure to submit verifiable documentation will result in denial of your claim. This claus does not create any exceptions to the required time limitations for filing claims nor does it enlarge the time for filing any claim.

H. We are not obligated to act on any claim until transportation charges have been paid and the account is in good standing. Good standing means the open or unpaid invoices of the account are within credit terms. The claim amount may not be deducted from these charges or from any outstanding balance owed to us. Any account that is past due will not receive payment for any claim and Carrier in its sole discretion may set off payment of that claim from open or unpaid invoices.

I. Cargo Services Express, Inc reserves the right to inspect a damaged shipment on the recipient's premises as well as the right to retrieve the damaged package for inspection at Cargo Services Express, Inc.'s facility. All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.

J. Receipt of the shipment by the recipient without written notice of damage on whatever paper is used as a delivery receipt is prima facie evidence and serves as non-rebuttable presumption of proof that the shipment was delivered in good condition.

K. Only one claim can be filed in connection with a shipment. Acceptance of any monies as payment of a claim shall extinguish any right to recover in connection with that shipment.

L. When we resolve a claim by paying full value for a shipment, we reserve the right to pick up the package for salvage, and all rights, title to, and interest in the package shall vest with us.

M. Customer agrees that unless a higher value is declared on the Customer's bill of lading as well as explicit instructions directed to Cargo Services Express to charge for the declared value on the Customer's Alert, and a higher valuation paid for, the Customer hereby releases the property to a value of fifty cents ($.50) per pound, subject to a $50 minimum.

N. Where shipments have declared values, Cargo Services Express's liability for shortage or damage shall be prorated by weight when part of a shipment is lost or damaged. Cargo Services Express's liability shall be determined by multiplying the weight of the lost or damaged article by fifty cents ($.50) per pound. All damage claims shall be notified in writing within ninety (90) calendar days or shall be barred. If payment from Cargo Services Express, Inc. has not been tendered to Claimant after a claim has been filed, and an action has not filed with in a Miami-Dade Courthouse within nine (9) months of the delivery date or contracted delivery date if a non-delivery the Claim shall be barred. The parties agree that claims will be presented and adjusted in accordance with the guidelines established by the Interstate Commerce Commission and successor agencies and set forth at 49CFR1005. ICC Administrative Rulings 65 and 128 shall apply. Unless otherwise agreed to in writing, the maximum liability for shortage or physical damage shall be fifty cents ($.50) per pound not to exceed $1000.00. If the declared value of the shipment shown on the Customer's bill of lading and shipment alert exceeds fifty cents ($0.50) per pound, an insurance surcharge of sixty-five cents ($0.65) per One Hundred Dollars ($100.00), or portion thereof, excess value shall be assessed and paid for. Neither Cargo Services Express nor the subcontractor(s) retained by it shall be liable for damages in excess of Ten Thousand Dollars ($10,000.00) per shipment, regardless of the value declared. Customer understands and agrees that the rates do not include insurance or other compensation for loss other than as expressly provided herein and limited hereby. Accordingly, Customer agrees that in the event it desires coverage for loss, it will obtain insurance, and that said will contain a waiver of subrogation clause waiving any subrogation rights to and on behalf of such insurance carrier. In the event Customer fails to obtain a waiver of subrogation, Customer will defend, indemnify and hold harmless Carrier and any subcontractor(s) retained by it with respect to claims made by Customer or third parties acting as subrogates of Customer. Cargo Services Express shall not be liable for damage caused by force majeure, Act of God, or the inherent vice of the shipment. Temperature controlled service is not provided.

O. Requests for research or refunds of payment must be received within 30 days from date of payment.

P. Receipt of the shipment by the recipient without written notice of damage on the delivery receipt at time of delivery by recipient is prima facie evidence and establishes non-rebuttable presumption that the shipment was delivered in good condition. Our liability for any loss or damage will not exceed the actual amount of the damage or the declared-value amount, whichever is less.

Q. Any effort to declare a value in excess of the maximums allowed in the Agreement is null and void. Our acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of the Agreement as to such shipment.

R. Regardless of the declared value of a package, our liability for loss, damage, delay, misdelivery, non-delivery, misroute, misinformation, any failure to provide information, or misdelivery of information, will not exceed a shipment's repair cost, its depreciated value, its replacement cost, undeclared value, or declared value, whichever is less.

S. You can file a claim in the following manner:

1. Send written claim, including complete claim information and supporting documentation, via certified mail to:

Cargo Services Express, Inc.

Attn: Legal Department

P.O. BOX 823835

Pembroke Pines, FL 33082-3835

Claim is deemed received when signed for by the Carrier at the above stated address.

T. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN DENIAL OF YOUR CLAIM.

6. NOTICES.

All notices must be sent to Carrier at Cargo Services Express, Inc. PO BOX 823835, PEMBROKE PINES, FL 33082-3835.

Customer agrees to notify Cargo Services Express, Inc by certified mail of any changes in ownership of Customer and further agrees to be liable for all losses incurred as a result of failure to comply with said notifications.

7. CREDIT TERMS

A. Customer authorizes Cargo Services Express, Inc., to investigate all credit history, bank references and any other information required to process the application associated with this Agreement and as it deems necessary in the future.

As a condition of extending credit privileges, Cargo Services Express, Inc. reserves the right to require business customers to provide current financial information, agree to bank draft arrangements for payment on account, provide a security deposit, provide a credit card on file, or provide a bank letter of credit.

B. When credit privileges are extended, Cargo Services Express, Inc. reserves the right to establish and enforce a credit limit on your account. At our sole discretion, we may review and amend a credit limit on your account.

C. The invoice dates begins the credit term cycle, and payment is due within ten (10) days from the invoice date. Failure to keep your account current will result in your account being placed on credit hold and/or cash-only status. This status may impair your ability to use our services and delay your shipments.

D. If the account number to be billed is not in good credit standing, the package may be held or stopped in transit until you make alternative payment arrangements.

E. The Customer, or any other party who is liable for payment, is responsible for all reasonable costs incurred by Cargo Services Express, Inc. in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorney's fees, collection agency fees, interest, and court costs.

F. Credit privileges will not be restored until Customer has paid all past-due balances in full and all costs, fees and expenses incurred by Cargo Services Express, Inc. in collecting or attempting to collect such balances. Cargo Services Express, Inc., may require establishment of electronic funds transfer as a prerequisite to credit restoration. Cargo Services Express, Inc. may decline to restore credit privileges even if all costs, fees and expenses are paid.

G. At our sole discretion, we may apply payments made on your account to any unpaid invoice issued on your account.

H. Requests for research or refunds of payment must be received within 30 days from date of payment.

 

8. DECLARED VALUE AND LIMITS OF LIABILITY

A. The declared value of any package represents our maximum liability in connection with a shipment, including, but not limited to, any loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment. It is the Customer's responsibility to prove actual damages. Exposure to and risk of any loss in excess of the declared value is assumed by the Customer. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE OF ANY KIND. Receipt of the shipment by the recipient without written notice of damage on delivery receipt is prima facie evidence and a non-rebuttable presumption that the shipment was delivered in good condition. Our liability for any loss or damage will not exceed the actual amount of the damage or the declared-value amount, whichever is lower.

B. The maximum declared value for the contents of any shipment is .50 cents per pound, not to exceed $1,000.00

C. If customer wishes to exceed the above detailed amounts the Customer will obtain insurance. Said policy will contain a waiver of subrogation clause waiving any subrogation right to and on behalf of such insurance carrier. In the event Customer fails to obtain a waiver of subrogation, Customer will defend, indemnify and hold harmless Cargo Services Express, Inc. and any affiliate, agent, subcontractor retained by it with respect to claims made by Customer or third parties acting as subrogates of Customer.

D. The parties agree that in no event shall Cargo Services Express, Inc. be liable for for delay, misroute, or misdelivery.

 

9. LIABILITIES NOT ASSUMED

Cargo Services Express Inc. will not be liable for any damages in excess of the declared value of a shipment, whether or not Cargo Services Express, Inc. knew or should have known that such damages might be incurred.

In no event shall Cargo Services Express, Inc., including, without limitation, agents, contractors, employees, affiliates, be liable for any special, incidental, or consequential damages, including, without limitation, loss of profits or income, whether or not Cargo Services Express, Inc. had knowledge that such damages might be incurred.

Carrier will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, non-delivery, misinformation or any failure to provide information, except such as may result from our sole negligence.

Carrier will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:

A. The act, default, omission of any person or entity, other than Cargo Services Express, Inc. including those of any local, state, or federal government agencies.

B. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.

C. Customer violation of any of the terms and conditions contained in the Agreement, as amended or supplemented, or on an air bill, bill of lading, or delivery receipt including but not limited to, the improper or insufficient packing, securing, marking, and addressing, of shipments, or use of an account number not in good credit standing, or failure to give notices in the manner and time prescribed.

D. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), labor disruptions, pandemic conditions, natural disasters (hurricanes, floods, earthquakes are examples of natural disasters), conditions that present danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).

E. Carrier compliance or noncompliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient.

F. Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.

G. Our failure to honor package-orientation graphics (e.g., "up" arrows, "this end up" markings) fragile labels or other special directions concerning packages.

H. The Customer's failure to provide accurate delivery address information.

I. The Customer's failure to tender properly labeled boxes, pallets, skids, etc...

J. The Customer's failure to provide accurate weight and piece count.

K. The Customer's failure to provide accurate and timely routing information.

 

10. EXCLUSIONS FROM LIABILITY

Cargo Services Express, Inc., shall not be responsible for:

*loss or damage to articles of unusual value,

*loss or damage resulting from insects, moths, vermin, inherent vice, deterioration, dampness of atmosphere, extreme of temperature, ordinary wear and tear, or that which occurred or arose prior to or after the course of transportation by Cargo Services Express, Inc.,

*loss or damage to fluorescent tubes or bulbs,

*Loss or damage due to acts of God, natural disasters, war risks, acts of terrorism, nuclear damage, acts of public authorities acting with actual or apparent authority, acts or omissions of customs or similar authorities, authority of law, the application of security regulations imposed by the government or otherwise applicable to the shipment, riots, strikes or other labor disputes, civil unrest, disruptions in national or local air ground transportation networks, or adverse weather conditions.

*Under no circumstances shall Cargo Services Express, Inc., be liable for any special, incidental, or consequential damages, including but not limited to damages arising from loss, misdelivery of, misroute of, or damage to property. Under no circumstances shall Cargo Services Express, Inc., be liable for any damages whatsoever for delayed delivery.

*Cargo Services Express, Inc., does not accept liability for mislabeled or non-labeled shipments that result in a delay or in misrouted freight. Carrier does not accept liability for delays partially caused by comparative negligence, miscommunications, and/or lack of communications.

 

11. LIMITATIONS OF LEGAL ACTIONS

Any right Customer might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against Carrier under any cause of action arising from the transportation of any shipment pursuant to the Agreement shall be extinguished unless you file an action in Miami-Dade County and properly serve CSE within 9 months from the date of delivery of the shipment or from the date on which the shipment should have been delivered.

Any right that Customer might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against Carrier under any cause of action arising from the transportation of any package shall be extinguished unless you first comply with all applicable notice periods and requirements in these terms and conditions including, but not limited to, the periods and requirements for providing notice.

Customer and Carrier understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and Customer must plead compliance with those conditions precedent on the face of any complaint that Customer files against Carrier.

Customer and Carrier agree that Cargo Services Express, Inc. cannot be considered to have breached any obligation to Customer unless or until Carrier wrongfully denies a claim submitted to Carrier pursuant to the notice periods and requirements contained in these terms and conditions. Finally, Customer and Carrier agree that Customer will comply with applicable notice periods and requirements even if Customer believes that such compliance will not result in relief from Carrier or if Customer lacks knowledge regarding whether such compliance will result in relief from Carrier.

Customer agrees that Customer will not sue Carrier as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Cargo Services Express, Inc. Nothing in this paragraph, however, limits Customer's rights to bring a lawsuit as an individual plaintiff.

 

12. APPLICABLE LAW AND VENUE

Customer and Cargo Services Express, Inc. agree that Florida law is applicable to any controversy or claim, whether at law or equity, that arises between the Customer and Cargo Services Express, Inc. and that venue for any action shall lie in Miami Dade County, Florida. To the extent that any court finds that state rather than federal law applies to any provision of this Agreement, the controlling law is the substantive law of Florida.

Customer hereby agrees that Florida Law shall control any claim or controversy that may arise between Customer and Carrier and that venue for any action between Customer and Carrier shall lie only in Miami-Dade County, Florida. Customer further agrees that it may be served outside of Florida in order to initiate litigation or arbitration in Florida including, but not limited to, litigation in a Florida small claims court. In any event, if the case is removed to federal court, venue shall lie in the 13th Judicial Circuit.

 

13. WARRANTIES

CARRIER MAKES NO WARRANTIES, EXPRESS OR IMPLIED.

 

14. REFUSAL OF SERVICE

Cargo Services Express, Inc., reserves the right to refuse to provide service for any shipment that in its sole judgment may be dangerous to, hazardous to, or due to other character of its content may soil, taint or otherwise damage, other shipments or Cargo Services Express, Inc.'s equipment. Cargo Services Expess, Inc. also reserved the right to refuse to provide service for any shipment that is improperly or insecurely packed or wrapped, as determined by Cargo Services Express, Inc.

Before accepting any shipment, Cargo Services Express, Inc. reserves the right to require sufficient verification, as determined by Cargo Services Express, Inc. in its sole discretion, of the shipper's or customer's name and address, or any other information necessary to accept the shipment for service. Cargo Services Express, Inc. reserves the right to refuse to provide service for any shipment to or from any location, or to provide alternative service arrangements, or to intercept, hold or return any shipment when, among other reasons, Cargo Services Express, Inc. in its sole discretion, determines that it is unsafe or economically or operationally impracticable to provide service, that its services are being used in violation of federal, state, or local law, or for fraudulent purposes, or when the account of the person or entity responsible for payment is not in good standing.

 

15. CORRECT ADDRESS AND SHIPPING INFORMATION

It is the sole responsibility of the customer to provide Cargo Services Express, Inc. with the correct and complete name, delivery address, shipping information, forwarding instructions, pieces, weight, hours of operation, equipment requirements, and necessary import/export instructions. If failure on behalf of client to provide the above mentioned details results in additional costs to Cargo Services Express, Inc. the customer will reimburse Carrier fully.

 

16. FUEL SURCHARGE

We reserve the right to assess fuel surcharge and other charges on shipments without notice. The duration and amount of any surcharge, will be determined at our sole discretion.

 

17. STORAGE CHARGES

In the event that Customer's shipment is held over in Cargo Services Express, Inc., facility, through no fault of Cargo Services Express, Inc., Cargo Services Express, Inc. reserves the right, at its sole discretion, to charge storage fees. Carrier may agree on flat rates with Customer for storage charges, but if Customer's account becomes delinquent over sixty (60) days, Carrier may rescind the flat rate agreement without notice and shall charge full storage rates as per Carrier's published rates.

Acknowledgment

Customer and Cargo Services Express, Inc. acknowledge and agree that pursuant to these Terms:

-Customer and Carrier agree that we are waiving the right to have a trial by jury to resolve any dispute alleged,

-Claimant and Carrier agree that we are waiving the right to have a court, other than a state court of limited jurisdiction as defined above, resolve any dispute alleged against claimant, Cargo Services Express, Inc. or related third Parties.

19. INCORPORATION OF TERMS AND SEVERABILITY OF PROVISIONS

This agreement incorporates by reference Cargo Services Express's Credit Application, Rates, and Service Conditions and sets forth the full and complete duties and obligations of Cargo Services Express with respect to the Customer and beneficial owners of the subject shipment(s).

Cargo Services Express, Inc. may engage subcontractors to perform transportation and incidental services. Cargo Services Express, Inc., contracts on its own behalf and on behalf of its servants, agents, and subcontractors, each of whom shall have the benefit of these Terms. No such party has authority to waive or vary these Terms. Cargo Services Express, Inc., reserves the right to unilaterally modify or amend any portion of the Terms and Conditions at any time without prior notice. Any failure to enforce or apply a term or provision of the Terms and Conditions shall not constitute a waiver of that term or provision by Cargo Services Express, Inc., and shall not diminish or impair Cargo Service Express, Inc.'s right to enforce such term or provision in the future. If one or more provisions of the Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be so affected or impaired.

 

20. DUTIES OF CARRIER

Cargo Services Express will undertake to deliver the lading described on Customer's bill of lading under reasonable dispatch utilizing the next available equipment and shall attempt to effectuate delivery pursuant to schedules and transit times as otherwise set per Customer's alerted instructions. Cargo Services Express does not guarantee that delivery will be effectuated to meet any particular market, dispatch, exhibition, or sailing. Cargo Services Express does not accept liability for special or consequential damages for delays in delivery. The parties agree that in any event, Cargo Services Express's maximum liability for delay, misroute, or misdelivery shall be an amount equal to the freight charges incurred by Customer.