Standard Terms and Conditions
NOW COURIER, INC.
1. Scope. Except as otherwise set forth herein, the provisions of these Standard Terms and Conditions (the “Terms”) apply to all services provided by Now Courier, Inc. (“Carrier”) in interstate, intrastate and/or foreign commerce between points in North America (the “Services”). For purposes of these Terms, the term “Customer” or “Shipper” means any person or entity at whose request, for whose benefit, or on whose behalf Carrier provides any Services, including any third party logistics provider, shipper, consignor, consignee, beneficial cargo owner, or any agent acting on behalf of such person or entity. By tendering goods to Carrier for Services, Customer accepts these Terms and warrants that acceptance of these Terms has been authorized by a representative of Customer as of the date the Services were first provided to Customer by Carrier (collectively the “Parties” and individually each a “Party”).
Unless and except to the extent expressly superseded, waived, or disclaimed by a written agreement signed by authorized representatives of Carrier and Customer (a “Service Contract”), including but limited to a Shipper-Carrier Agreement, the Terms shall apply to all Services provided by Carrier. Carrier and Customer may, in a Service Contract, agree to additional or amended Service terms. In the case of conflict between any of these Terms and any Service Contract, the terms of the Service Contract will govern. Customer certifies and represents to Carrier that any information inserted on the face of any shipping document, including any bill of lading, proof of delivery, waybill, cargo receipt applicable to any Services is complete and accurate. The bill of lading, waybill or other transportation document evidencing the Services shall be used only to document the service parameters of the Shipment (e.g., commodity, origin, destination, special handling requirements, etc.). The terms and conditions of any such document shall not apply to Services provided by Carrier under these Terms and these Terms shall supersede any terms and conditions contained on the shipping document.
Carrier may modify these Terms. The terms and conditions on this site on the date a shipment is tendered to Carrier shall apply to such shipment.
2. Carrier’s Operating Authority. Carrier represents and warrants that it is duly and legally qualified to provide all transportation Services contemplated herein, including that it will hold motor carrier authority issued by the FMCSA and that its drivers will be duly licensed for the provision of the Services. Shipper shall provide to Carrier an accurate and complete description of all goods tendered for transportation. Shipper shall give Carrier written notice prior to requesting Services for which special permits or authorities may be required, including, but not limited to, transportation of hazardous materials, oversize or overdimension loads, etc. In no event will Shipper tender for transportation by Carrier any product regulated as waste or otherwise intended for disposal. Shipper shall not tender to Carrier cargo moving to, from or within Mexico.
3. Bills of Lading. Each shipment hereunder shall be evidenced by a bill of lading. The bill of lading shall act as a receipt only and in no event shall any terms, conditions and provisions of the bill of lading, manifest or other form of receipt apply to transportation performed pursuant to this Agreement. Carrier’s failure to issue a bill of lading shall not affect its liability hereunder. Carrier shall notify Shipper within a reasonable timeframe of any exception made on the bill of lading or delivery receipt.
4. Freight Charges and Payments.
(a) The freight charges and payment terms for the services performed hereunder shall be in accordance with the rates, charges and rules set forth in [insert].
(b) Payment shall be made by Shipper within fifteen (15) days of the date of Carrier’s invoice, and in the event the payment is not made within fifteen (15) days, Shipper agrees that interest shall accrue daily and be payable to Carrier at the interest rate of 1.5 percent per month (18% per annum), together with any and all collection costs, including attorney fees. In no event shall Shipper offset any amount owed to Carrier by Shipper against any Carrier invoice.
(c) Carrier and Shipper agree that any payments made are made in payment of debts incurred in the ordinary course of business and are made according to ordinary business terms. Shipper shall be liable for all charges arising out of Services requested by Shipper and performed by Carrier.
(d) Shipper understands and agrees that in the event of failure to pay freight charges as due, Carrier shall be entitled to a general lien on any cargo in the possession of Carrier which is tendered or owned by Shipper regardless of whether such freight charges apply to the cargo in the possession of Carrier. Carrier’s rights and obligations with respect to disposal of such cargo and enforcement of its lien shall be as set forth under the law of the state selected by the Parties to govern disputes under the Terms assuming a valid carrier lien under such state law regardless of whether the lien at issue qualifies for enforcement under such law.
5. Freight Loss, Damage or Delay.
(a) Carrier shall be liable for cargo loss or damage, including cargo loss or damage caused by Carrier’s failure to exercise reasonable dispatch (in no event shall a time quotation be considered a guarantee of delivery time), in accordance with the provisions of 49 U.S.C. § 14706, which liability shall be limited to the lesser of the cost to repair or replace the goods or $1,000 per shipment (goods moving on a single bill of lading or in a single box or container) and in the event multiple shipments are on the same vehicle or in the same location, in no event greater than $50,000 per incident or accident.
(b) In the event Shipper wishes to declare higher values of liability than are set forth in Section 6(a) with respect to any shipment(s) subject to these Terms, Shipper must make such request to Carrier in writing prior to the scheduled pick-up which request is not valid unless agreed upon in writing by an officer of Carrier. If such request is accepted by Carrier in a signed writing, and Shipper pays additional freight charges applicable thereto, then Carrier will be liable for the full value declared by Shipper, but such liability shall in no event exceed the lesser of the full cost to repair or replace the goods, or $10,000 per shipment (goods moving on a single bill of lading or in a single box or container) and in the event multiple shipments are on the same vehicle or in the same location, in no event greater than $50,000 per incident or accident, whichever is less.
(c) The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. Part 370. Carrier shall have no liability with respect to cargo loss or damage unless Shipper shall submit to Carrier written notice of any cargo claim, for loss, damage or delay, within sixty (60) days of the delivery date of the shipment or, if no delivery, the date delivery would have been reasonably expected. Any proceeding related to any such cargo claim must be filed no later than two (2) years from the date of denial of all or any part of such claim, or Carrier shall be relieved of any liability with respect to any such claim.
(d) The foregoing notwithstanding: (i) in no event will the concept of deviation apply to Services provided hereunder; and (ii) Carrier will not be liable for cargo loss, damage or delay occurring or arising in Mexico and if it is unclear whether such a claim arose in Mexico there will be a rebuttable presumption that loss, damage or delay arose in Mexico unless rebutted by Shipper by clear and convincing evidence.
(e) In no event will Carrier be responsible for any chargebacks or other penalties or assessments imposed by the consignor or consignee with respect to late deliveries.
(f) Carrier’s sole liability, and Shipper’s sole recovery, with respect to cargo loss, damage or delay will be as set forth in this Section and in no event will Carrier be liable under any other theory of law, nor to any party other than the actual beneficial owner of cargo, or its direct assignee, with respect to any claim arising from or related to loss or damage to cargo or delay. If Shipper is not the beneficial cargo owner, then Shipper warrants and represents that it is authorized to bind the beneficial cargo owner to this provision.
(g) The value of shipments involving documents (including checks, bonds, stock certificates, or any other negotiable or non-negotiable instrument), records and data records, without limitation as to the type, including but not limited to electronic or paper hard copy, shall be limited to the value of the actual media upon which it is contained. Further, no costs, expenses, or claims of any nature will be assumed or accepted which is associated with the replication, duplication or recreation of lost data or documentation. For example, in the case of paper documents the value shall be limited to the value of the paper.