Service Terms
Express Logistics LLC is a federally licensed property broker operating pursuant to Docket Number MC-493116. The following Service Terms are applicable to all shipments arranged for by Express Logistics LLC and shall extend to the licensed and qualified service providers whose services Express Logistics LLC arranges. These contractual terms shall bind Express Logistics LLC and its service providers on the one hand and its customers on the other upon tender of shipment to Express Logistics LLC and shall apply to all services rendered by or through Express Logistics LLC unless otherwise agreed in writing.
Application of Service Conditions
These service conditions supersede all previous service conditions and other prior statements concerning rates and conditions of Express Logistics LLC services. Express Logistics LLC reserves the right, from time to time, to modify, amend, or supplement its rates, features of service, products and service conditions without notice. Copies of these service conditions may be obtained by contacting Express Logistics LLC. Rates and service quotations by our employees or agents will be based upon information provided by you, but final rates and service may vary depending upon vehicle availability, and weight and dimensions of the actual shipment tendered and the application of service conditions herein. Any conflict or inconsistency between any written or oral statements concerning rates, features of service, products and service conditions applicable to Express Logistics LLC service will be controlled by these service conditions and the bill of lading. Express Logistics LLC makes no other warranties, express or implied. Monetary amounts stated in these service conditions refer to U.S. Dollars.
Express Logistics LLC Bill of Lading
The terms of
Express Logistics LLC’s Bill of Lading for pickup shall
serve as a receipt of goods. These service terms shall apply
to all shipments tendered to Express Logistics LLC.
Other Bills of Lading or Shipping Documents
Any bill of lading or shipping document which is
inconsistent with the transportation contract and receipt
for goods published in these Service Terms and Conditions
shall be executed for convenience only and shall be invalid
to the extent it conflicts with these Terms and Conditions.
Drivers employed by Express Logistics LLC and other
qualified service providers acting on its behalf are not
authorized to bind Express Logistics LLC to different Terms
and Conditions.
Convenience Interlining and Substituted Service Authorized
To ensure convenient and efficient operations, Express
Logistics LLC reserves the right to other licensed and
insured service providers to render all or part of the
delivery of any shipment. Express Logistics LLC shall be
solely responsible for the selection and retention of such
qualified service providers and shall indemnify and hold
harmless shipper from vicarious liability arising out of its
choice of substituted service providers. The terms and
conditions set forth in these Service Terms and Conditions
shall apply to all substituted service rendered under this
provision.
Customer and Shipper Warranties
Any party tendering shipments to Express Logistics LLC which
is not the beneficial owner of the goods represents and
warrants to Express Logistics LLC that it is authorized by
the beneficial owner, shipper or consignee to tender the
shipment to Express Logistics LLC on its behalf and to bind
it to the terms and conditions of these Service Conditions.
Any customer tendering cargo to Express Logistics LLC
further agrees to indemnify and hold harmless Express
Logistics LLC and its substituted carriers (if any) from any
claim that it lacked authority to act on the principal’s
behalf and bind it to the terms and conditions set forth
herein, including limitations of liability.
Liability for Freight Charges
Subject to its sole discretion, Express Logistics LLC may extend credit to qualified customers and may by agreement initially bill an intermediary, the named consignor, or the named consignee, for services. All charges shall be paid within 7 days of invoice without offset. Invoices not paid within 7 days shall be subject to interest at the rate of 1 1/2% per month until paid. If collection efforts are required by Express Logistics LLC to collect any amount due, collection fees at the rate of one-third or $500, whichever is less, shall apply.
Express Logistics LLC does not employ other intermediaries
as its agents to solicit shipments and bills such parties as
a disclosed agent of the shipper who guarantees payment upon
default. Express Logistics LLC preserves recourse to the
consignor and consignee as shown on the shipping documents
in the event freight charges are not paid and reserves the
right to demand prepayment of charges at any time.
Express Logistics LLC shall have a lien on all shipments in
its possession, whether actual or constructive, tendered to
it by the shipper for any and all amounts due by shipper.
This shall be a general lien on all shipments for payment of
freight charges past and present and shall not be limited to
a specific lien on shipments for which charges are due.
Enforcement of this spreading lien may be on commercially
reasonable terms.
Express Logistics LLC Warranties
Express Logistics LLC warrants that it and any carrier
retained by its broker affiliate are properly licensed and
authorized to conduct operations in accordance with federal
and state law, maintaining sufficient cargo insurance to pay
any claim subject to the limitations of this circular; and
are independent contractors and not employees of their
customer for purposes of employment law or any other reason.
Cargo Loss or Damage
The following provisions shall govern all claims for cargo
loss or damage made against Express Logistics LLC or
substituted service carriers retained by its broker
affiliate.
All shipments, regardless of origin and destination, size of
shipment or the size of the vehicle in which it is
transported, or prior or subsequent movement by any other
mode, shall be subject to termination in accordance with
general principles of federal transportation law, including
but not limited to 49 U.S.C. '14706 (the Carmack Amendment).
As is customary in the expedited freight industry, Express
Logistics LLC follows simplified freight all kinds rating
procedures predicated upon a released evaluation of 50 cents
per pound per article. Unless otherwise noted or agreed to
in writing, this limit of liability shall apply to all
shipments tendered to Express Logistics LLC and shall limit
not only Express Logistics LLC’s liability, but also the
liability of any substituted motor carrier in whose care,
custody and control the shipment is tendered pursuant to
arrangements made by its broker affiliate.
In order to ensure strict compliance
with surface transportation statutes, Express Logistics
LLC’s customers are allowed to choose an alternative higher
limit of liability.
Express Logistics LLC and its substituted carriers shall not
be liable for special or consequential damages resulting
from failure to make delivery by any appointed time. The
types of special and consequential damages for which Express
Logistics LLC shall not be liable include but are not
limited to (1) waiting construction or crane services; (2)
idle production facilities, sailings, sales dates, etc.
Higher Per Shipment Evaluation Rates
A shipper may declare a higher released evaluation for a
shipment of not to exceed $25,000 per shipment, in writing,
at or before pickup without special corporate approval. In
addition to standard rates, shipper shall pay $.65 for every
$100 of additional evaluation over $.65 per pound.
Any shipment with a declared value of in excess of $25,000
which is inadvertently accepted without prior written
approval of a Express Logistics LLC corporate officer will
be released to a maximum of $25,000 per shipment, and
subject to the surcharge provided for herein.
Regardless of the release rate
applicable to the shipment, Express Logistics LLC’s
liability shall be further limited to the full actual value
of the shipment.
In the absence of proof of the
weight of any damaged or lost article, claims will be
adjusted by dividing the weight of the shipment by the
number of articles shipped.
Commodities Not Accepted for Transport
Items of a fragile nature shall not be accepted for carriage
unless agreed to in writing with by a Express Logistics LLC
corporate officer. Such items shall include but not be
limited to: statues of any kind, antiques of any kind,
glass, crystal ware, glass bottled goods, china, audio and /
or video equipment of any type, cameras, clocks, stoneware,
pottery, earthenware, marble and marble tiles, lighting
fixtures with or without bulbs, display booths or cases
which include lighting fixtures with or without bulbs,
paintings and artwork, electric bulbs, vacuum flasks,
vitreous enameled objects, cast iron objects, bricks,
firebricks, crucibles, asbestos, cement products,
carborundum wheels, and radio/TV/cathode ray and similar
transmitting or receiving tubes. Hazardous materials shall
not be accepted for carriage under any circumstances. Items
of a fragile nature that may be inadvertently accepted
without the written approval of a Express Logistics LLC
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.
Currency, negotiable instruments, documents of title, object
d’art, and one of a kind articles will not be accepted.
Reasonable Dispatch
No time is fixed for the completion of
carriage, and neither Express Logistics LLC nor its carriers
shall be liable for any loss or damage caused by failure to
commence or complete carriage within a certain time. Express
Logistics LLC and its carriers assume no obligation to carry
goods over any particular route.
Express Logistics LLC and its carriers assume no obligation
to carry the goods in any particular vehicle, and are
authorized to select alternate means of transportation and
deviation from route without liability. Express Logistics
LLC will endeavor to arrange for expedited transportation of
shipments tendered to it without unreasonable delay.
No Special Damages
Express Logistics LLC nor its substituted carriers shall
have any liability for any special or 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.
Claims Handling-Time Limits and Procedures
Cargo claims for loss or damage of surface transportation
moves must be filed within 9 months in accordance with 49
C.F.R. 370. The statute of limitation for filing suit shall
be 2 years and 1 day after issuance of written denial. For
shipments having a prior or subsequent movement by air, the
deadline for instituting suit shall be 1 year after the
claim is denied in whole or in part. All claims should be
sent to Express Logistics LLC in writing at P.O. Box 9682,
Erie, PA 16505-8682. Service upon Express Logistics LLC
shall be immediately forwarded to any substituted carrier
for claims administration by Express Logistics LLC. 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. General principles of federal
transportation law shall apply and any action against
Express Logistics LLC shall only be brought in State Court
or Federal Court (where applicable) having jurisdiction in
Erie, PA.
In addition to the released evaluation agreed to pursuant to
these terms and conditions, Customer agrees that any lower
limit of liability agreed to between the Shipper and the
logistics provider which retains Express Logistics LLC shall
apply and that no party shall seek to recover from Express
Logistics LLC or its carriers a greater sum than any
limitation agreed to pursuant to a through bill of lading.
Where a forwarder, broker, or logistics provider tendering
traffic to Express Logistics LLC has agreed to higher limits
of liability with its shipper, in tendering shipments to
Express Logistics LLC, it agrees that the maximum liability
of Express Logistics LLC and its carriers shall not exceed
the released rate limitation set forth herein and that it
will indemnity and hold harmless Express Logistics LLC and
its carriers from all claims, including attorney’s fees in
the event that amounts greater than agreed to herein are
sought.
Exceptions From Liability
Without waiver of any other provision of these terms and
conditions, Express Logistics LLC and its carriers shall not
be liable for any damage or loss of any nature caused by (i)
acts of God, public enemy, or public danger incident to a
state of war; (ii) any default of the shipper or consignee;
(iii) the nature of the shipment, or any defect,
characteristic or inherent vice of the shipment; (iv)
violations by the shipper or consignee of any conditions of
these terms and conditions; (v) compliance with laws,
governmental regulations, orders or requirements of any
jurisdiction; or (vi) any other cause beyond the control of
Express Logistics LLC.
Miscellaneous Terms
If any provision or provisions of
these terms and conditions shall be unenforceable, all
remaining provisions shall remain, and the parties bound to
them.
These terms and conditions may be changed without notice,
and the effective version of these terms and conditions
shall be as posted at www.ExpressLogisticsLLC.com and shall
also be available upon request. The version of these terms
and conditions in effect as of the date the shipment is
tendered to Express Logistics LLC shall be the applicable
version.
The Express Logistics LLC website at
www.ExpressLogisticsLLC.com is for the convenience of
Express Logistics LLC customers, and shall be subject to its
terms of use, and shall not affect these terms and
conditions.
Air Cargo Rules and Security Protocol
Neither Express Logistics LLC nor its
network carriers are entities subject to direct regulation
by the Transportation Security Administration. All shipments
having a subsequent movement by air cargo must be tendered
to Express Logistics LLC by direct air carriers or indirect
air carriers (IACs) who accept TSA responsibility for the
shipment. Advance notice of air freight shipments must be
given to Express Logistics LLC to ensure compliance with
applicable TSA rules.
These Service Terms and Conditions set forth the entire
agreement between Express Logistics LLC and its customers
and can only be modified or changed by a properly executed
written agreement.