Delivery Service Terms and Conditions
1. GENERAL: TGT Transport, Inc. (“TGT”) is a motor carrier and property broker that provides delivery service for shipments with prior to subsequent movements by air and water, either domestic or international. TGT warrants it is compliant with applicable supply chain security requirements with respect to shipments having a prior or subsequent shipment by air and water that it will transport and/or arrange for transportation utilizing only properly qualified ground and air service providers.
2. HAZARDOUS MATERAL WARRANTIES: Shipper hereby certifies that all shipments it tenders to TGT shall be acceptable for transport under U.S. DOT and FAA regulations based upon mode selected and reflected on the shipping documents. The hazardous nature of any shipment tendered to TGT shall be properly identified as time of booking and shall be properly reflected on the shipping documents at time of pickup by TGT. Shipper agree to indemnify and hold harmless TGT from all claims, fines, and liabilities arising out of their individual and collective failure to properly tender, label, identify or tender hazardous material for transport.
3. AIR CARGO COMPLIANCE: It is contemplated that Shipper will tender to TGT only shipments having a prior or subsequent movement by air from direct and indirect air carriers, subject to regulation by the Transportation Security Administration (“TSA”). Shipper warrants compliance with TSA safety protocols and agrees to indemnify and hold TGT harmless from any breach in such compliance.
4. COMMODITIES NOT ACCEPTED FOR TRANSPORT: TGT does not transport the following hazardous materials under any circumstances: explosives, toxic gas, infectious substances, radioactive material. It is the Shipper's responsibility to property disclose, package and tender the proper documentation for any and all hazardous materials provided to TGT; Shipper will be liable for any and all costs incurred by TGT for its failure to do so. Items of a fragile nature that may be inadvertently accepted without the written approval of an TGT corporate officer shall still be subject to all terms and conditions, including but not limited to limitation of liability, whether or not any declared value is made.
5. REASONABLE DISPATCH & ROUTING: No time is fixed for the completion of carriage, and TGT shall not be liable for any loss or damage caused by failure to commence or complete carriage within a certain time. In addition, TGT assumes no obligation to carry goods over any particular route nor assumes no obligation to carry the goods in any particular vehicle. TGT is and is authorized to select alternate means of transportation and deviation from route without liability and may tender shipments provided to them by Shipper to other carriers.
6. CARGO LOSS OR DAMAGE:
a. STANDARD CARGO LIABILITY LIMIT: Unless otherwise agreed in writing at or before the time the shipment is booked, all services shall be arranged and rates quoted on a standard maximum liability for all claims arising out of loss or damage to any shipment in transit of the greater of (i) fifty cents per pound ($.50) and (ii) fifty dollars ($50) per shipment, not to exceed fifty thousand dollars per shipment ($50,000).
b. CARGO LIABILITY LIMITATIONS BASED ON SERVICE: Notwithstanding the terms of Section 6(a) the following limits of cargo liability, specific to service, shall apply to TGT and any of its contracted service providers:
i. Shipments having a prior or subsequent movement by international air and moving on a through waybill shall be quoted at the time of booking and released to a maximum value for all claims arising out of loss or damage in transit of nine dollars and seven cents ($9.07) per pound or twenty dollars ($20.00) per kilogram, not to exceed one hundred thousand dollars ($100,000) per occurrence.
ii. Shipments having a prior or subsequent movement by water and moving pursuant to a door-to-door ocean bill shall be quoted and released to a maximum value of the lesser of five hundred dollars ($500) per package (COGSA limitation) and one hundred thousand dollars ($100,000) per shipment.
iii. Shipments tendered as truckloads shall be subject to a maximum liability of one hundred thousand dollars ($100,000) per occurrence unless a lower limit of liability is specified in sections 6(b)(i) and 6(b)(ii) above.
iv. No signature shipments, in the absence of prior special arrangements, these shipments shall be released to a value of zero dollars ($0.00).
c. ALTERNATIVE RATES AVAILABLE: At the time of booking Shipper may declare an increased valuation above the applicable per article limitation. Shipper may make special arrangements for liability coverage greater than the amounts stated above by calling TGT at 516-792-3354 and requesting an increased limit form an authorized representative. In the absence of special arrangements, neither TGT nor its contracted service providers, shall be liable for cargo damages in excess of fifty thousand dollars ($50,000) per shipment regardless of declared value. If Shipper executes a release rate in excess of fifty thousand dollars ($50,000) per shipment without having made special arrangements and obtaining special rate approval, and the shipment is inadvertently accepted by TGT, it shall be considered released at fifty thousand dollars ($50,000) per shipment and will move subject to such limitations, applicable rates, and insurance charges.
d. CARGO INSURANCE; CUSTOMER INDEMNIFICATION: Shipper understands and agrees that the rates charged for TGT’s services do not include insurance or other compensation for loss other than as expressly provided herein. TGT’s contracts with its service providers are made in reliance upon the limits of liability established by TGT under its contracts, including these Delivery Service Terms and Conditions, with each Shipper. Accordingly, Shipper agrees to indemnify and hold TGT and its contracted service providers harmless from any demand for any sums greater than the limits of cargo liability provided for herein by any third party, including beneficial owners and subrogees. Unless requested by Shipper to do so in writing and confirmed to Shipper, TGT is under no obligation to procure insurance on TGT’s behalf.
e. MEXICAN SHIPMENTS: TGT and Shipper agree that all shipments either originating in or ultimately destined for Mexico shall be deemed as either originating or terminating at the border point in the United States, despite the issuance of a through waybill. As permitted by 49 U.S.C. § 14706(b)(1) TGT and Shipper expressly waive all rights and remedies they may have as to each other under 49 U.S.C. § 14706 for all cargo loss, delay or damage, or destruction claims arising in Mexico, and Shipper agrees that TGT shall not be liable for any and all such claims. In the event that the shipment loss or damage is first discovered after delivery of the freight to the consignee, whether the load originated in Mexico or was ultimately destined for Mexico, the damage will be presumed to have occurred in Mexico.
7. NO SPECIAL DAMAGES: TGT shall have no liability for any special or consequential damages. Shipments which do not have a prior or subsequent shipment by air shall be governed by the Carmack Amendment, 49 U.S.C. § 14706 and the released rate provisions contained herein shall be construed as complying with the notice, election of rates and other requirements.
8. EXCEPTIONS FROM LIABILITY: Without waiver of any other provision of these Terms and Conditions TGT shall not be liable for any damage or loss of any nature caused by: (a) acts of God, public enemy, or public danger incident to a state of war; (b) any default of the shipper or consignee; (c) the nature of the shipment, or any defect, characteristic or inherent vice of the shipment; (d) violations by the shipper or consignee of any conditions of these terms and conditions; (e) compliance with laws, governmental regulations, orders or requirements of any jurisdiction; or (f) any other cause beyond the control of TGT; (g) any liability discovered after delivery to and inspection by screening facilities.
9. ADDITIONAL EXCEPTIONS FROM LIABILITY: Without waiver of any other provision of these Terms and Conditions:
a. The Shipper, Consignee, or third party’s violation of any of the terms and conditions contained in these Terms and Conditions, as amended from time to time, or on a Waybill, including but not limited to, improper or insufficient packing, securing, marking or address of shipments.
10. CLAIMS - REPORT PROCEDURES & TIME LIMIT: Cargo claims for loss or damage of surface transportation moves must be filed within 9 months in accordance with 49 C.F.R. § 370. Lawsuits, or other legal proceedings, relating to freight claims must be filed within 2 years and 1 day after issuance of written denial. For shipments having a prior or subsequent movement by air, the deadline for filing a lawsuit or other legal proceeding shall be 1 year after the claim is denied in whole or in part. All claims should be sent to TGT Transport, Inc. Attn: Robert Gesell 340 Industrial Drive, Lawrenceburg, Indiana 47025 with a copy to Truck Insure Attn: Tim Adams 2540 Kent Ave., West Lafayette, Indiana. No claims shall be considered and no claims shall be paid unless and until all transportation charges have been paid and customer agrees that cargo claims cannot be offset against freight charges. 11. RATES AND PAYMENT: TGT shall charge rates for services inclusive of charges payable to its retained service providers which will be made available to customer upon request at time of the customer’s service request. 12. PAYMENT TERMS: Customer shall pay for all charges applicable to services rendered without setoff within thirty (30) days from date of invoice. Any objection to the rates and charges for services rendered must be submitted in writing within 10 days of receipt of invoice or shall be waived. If customer fails to make payment when due, customer shall pay TGT a late fee equal to two percent (2%) of the total past due amount per month or any part thereof or the maximum allowed by applicable law, whichever is less. Invoices not paid within forty five (45) days of receipt will be subject to collection fees in the amount of 30% or $300, whichever is less. 13. LIEN: TGT And its service providers shall have a contractual lien on any cargo in its possession or the possession of its service providers for the payment of freight charges past and present which may be exercised in the event of customer’s default. 14. CONFLICT AGREEMENT TERMS AND CONDITIONS CONTROL: If there is a conflict between these Terms and Conditions and the terms and conditions on any freight Waybill and or bill of lading these Terms and Conditions will control. The terms and conditions of TGT’s waybill or bill of lading tendered by it at time of pickup shall constitute a receipt for goods and the contract of carriage incorporating these Terms and Conditions. Any bill of lading or shipping document which is inconsistent with the terms of these Terms and Conditions shall be considered executed for convenience only and shall be invalid to the extent it conflicts with these Terms and Conditions. TGT’s drivers are not authorized to bind TGT to different terms and conditions and sign non¬conforming bills of lading or air waybills as receipt of goods only. These Terms and Conditions shall apply notwithstanding the issuance of any other air waybill or bill of lading by any party tendering a shipment to TGT. The party tendering shipments to TGT shall indemnify and hold TGT and its carriers harmless from any demand or obligation that exceeds those set forth herein. 15. GOVERNING LAW: General principles of federal transportation law shall apply and any action against TGT relating to any services TGT may perform for Shipper shall only be brought on State Court or Federal Court (where applicable) having jurisdiction in New York, New York. Shipper also consents to personal jurisdiction in New York, New York relating to any actions TGT may file against Shipper to recover any unpaid freight charges.
b. Acts or omissions of any person or entity other than TGT including compliance with verbal or written delivery instructions from the Shipper, Consignee or persons claiming to represent the Shipper or Consignee.
c. Loss or damage to articles packed and sealed in packages by the Shipper, provided that the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the Consignee without written notice of damage on the delivery record.
d. Erasure of data from magnetic tapes, or the other storage media or erasure of photographic images or sound tracks from exposed film.
e. TGT inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
f. Damage in transit or in the handling of, or concealed or other damage to, florescent tubes, neon lighting, neon signs, x-ray tubes, glass or other inherently fragile items.