Terms and Conditions
The Shipper (“Shipper”) and Archgate TMS, Inc., an Illinois corporation (“Archgate”), hereby agrees as follows:
1. In tendering this shipment, the shipper agrees to these Conditions of Contract of Carriage, which no agent or employee of the parties may alter and that this shipping document is non-negotiable and has been prepared by the shipper. The shipper certifies and represents to ARCHGATE that the information inserted on the face of these shipping documents completed and accurate. It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by ARCHGATE’s tariffs, available for inspection at ARCHGATE’s offices, and which are hereby incorporated into this contract, and a copy of which will be supplied upon request. NOTE: “Shipper’’ on this contract means the party from whom the shipment is received, the party who requested the shipment be transported by ARCHGATE, and party having an interest in the shipment, and any party who acts as an agent for any of the above. Except to the extent of any written contract between shipper and ARCHGATE, this shipping document supersedes and negates any claimed, alleged or asserted oral or written contract, promise, representation or understanding between the parties with respect to this shipment.
2. In the event that shipment is tendered to ARCHGATE on a straight bill of lading or any other shipping document, ARCHGATE’s rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.
3. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure sale transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers, ARCHGATE shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery NOTE: A Shipment in which delivery is made in exchange for a clear delivery receipt shall be prime fascia evidence of having received ordinary care in handling.
4. At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima fascia evidence of having received ordinary care in handling.
5. ARCHGATE, SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT ARCHGATE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
6. Overcharge claims must be received in writing by ARCHGATE within one year after date of acceptance of the shipment by ARCHGATE. Written notification on all other claims (except concealed loss/damage claims) must be received in writing by ARCHGATE within 7 days after ARCHGATE delivered the shipment. Notification of concealed loss/damage claims (i.e., claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by ARCHGATE within 14 days after delivery, or for perishables verbally within 48 hours. For damage claims and concealed loss claims, ARCHGATE must be allowed the privilege to make inspection of the shipment and the container(s) and packaging material(s) at place of delivery. Claims must be perfected within 180 days after delivery or date delivery was intended. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed ARCHGATE. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by ARCHGATE, in whole or in part.
7. ARCHGATE’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.50 per pound, per piece, of cargo lost, damaged, mis-delivered or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in ARCHGATE’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
8. Unless each piece of the shipment has a declared value stated and is specifically identified on the ARCHGATE’s shipping document at the time of the shipment and is so identified on the delivery receipt as being lost, damaged, destroyed, or otherwise affected at time of delivery. ARCHGATE shall be liable subject to tariff provisions in effect at the time of the shipment for the ‘’average declared value’’ of the shipment. The "average declared value" of the shipment shall be determined by first dividing the total declared value of the shipment by the total weight of the shipment. This figure, multiplied by the packaged weight of the piece(s) adversely affected, shall then establish the amount of ARCHGATE’s liability. The total declared value amount must be inserted in the DECLARED VALUE box on the face of this shipping document. ARCHGATE’s liability shall in no event exceed the actual invoice value of the goods adversely affected.
9. In the event of the failure or inability of the consignee to take delivery of the shipment, ARCHGATE will notify shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of ARCHGATE’s notice. ARCHGATE will return shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned. ARCHGATE may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by ARCHGATE in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent from the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.
10. ARCHGATE shall not be liable for loss, damage, delay or monetary loss of any type caused by : Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts of omissions of customers or quarantine officials; the nature of the freight or any defects thereof; public enemy’s; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation of freight acceptable only under certain conditions outlined below.
11. ARCHGATE’s liability for aggregate losses at any one time at any one place is limited to $1,000,000.00. For shipments having declared values over $25,000. ARCHGATE must be given advance notice prior to pick up.
12. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
13. If this is an international shipment, a) all rules relating to liability as established by the Warsaw Convention shall apply, b) except as otherwise provided in ARCHGATE’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply.
14. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
15. This shipment is subject to inspection by ARCHGATE; however, ARCHGATE is not obligated to perform such inspection.
16. The shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account if this shipment pursuant to this contract and to pay or indemnify ARCHGATE for claims, fines, penalties, damages, costs (storage, handling, re-consignment, return of freight to shipper, etc.,) or other sums which may be incurred by ARCHGATE by reason of any violation of this contract or any other default of the shipper or consignee or their agents. ARCHGATE shall have a lien on any goods shipped for failure to pay charges payable on account of this shipment pursuant to this contract. ARCHGATE may refuse to surrender possession of the goods until such charges are paid. Should ARCHGATE bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract. ARCHGATE shall be entitled to reasonable attorney fees and costs. All invoices not paid within 30 days of invoice date will be subject to a charge of 5% per month.
18. Shipper and consignee shall hold ARCHGATE and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the shipper or consignee and arranged by ARCHGATE as a customer service unless such services are actually performed by ARCHGATE of its agents. Such limitation of liability shall extend to the selection by ARCHGATE of the providers of the auxiliary services. Auxiliary services are those which are performed prior to subsequent to transportation and which may be billed directly by the provided of the services or by ARCHGATE. Providers of auxiliary services are contractors for the shipper or consignee and are not agents for ARCHGATE. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of ARCHGATE for any monetary loss which is a result of any auxiliary services performed by ARCHGATE or its agents be greater than the liability contained in this contract.
19. Should ARCHGATE successfully defend itself or any legal actions brought by any party with an interest in this shipment, ARCHGATE shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than $15,000.00 is to be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by ARCHGATE if the claim is unacceptable for arbitration by both the above arbitrators.
20. Shipments are subject to security controls by cameras and, where appropriate, by government agencies. Copies of shipping documents will be returned for two years.
21. Insurance coverage is based on the ARCHGATE’s open insurance policy in effect on the date of the shipment. Failure to properly complete the INSURANCE OPTION on the face of this shipping document shall void the coverage this option affords. Failure to insert at least full invoice value of the shipment shall reduce any insurance payment proportionately by the applicable percentage that the shipment was so under-insured. There are exceptions and/or special insuring conditions to the insurance option. Contact ARCHGATE for details.