NATIONWIDE EQUIPMENT TRANSPORTATION, INC.
TERMS AND CONDITIONS OF CONTRACT
These Terms and Conditions of Contract of Nationwide Equipment Transportation, Inc. are effective December 06, 2005, and are subject to change without notice.
In tendering the shipment for delivery, the Shipper, Consignee and any other party with an interest in the shipment agree to these Terms and these Terms shall supersede all previous Terms. These Terms shall apply to all shipments unless otherwise required or mandated by local, state or federal law, rule or regulation applicable to the shipment.
NO EMPLOYEE, AGENT OR REPRESENTATIVE OF NATIONWIDE EQUIPMENT TRANSPORTATION, INC., OTHER THAN AN OFFICER OF NATIONWIDE EQUIPMENT TRANSPORTATION, INC., NOR ANY OTHER PERSON OR PARTY IS AUTHORIZED TO CHANGE OR MODIFY THESE TERMS. If there is a conflict between these Terms and any other transit documentation, these Terms contained herein shall control. As used herein and on any of our documents, the words “Nationwide Equipment Transportation,” “our,” “we,” and “us” shall refer to Nationwide Equipment Transportation, Inc. and its employees and agents.
Nationwide Equipment Transportation, Inc. is a freight broker and NOT a freight carrier. Therefore, we reserve the right to refuse any shipment at any time. The General Rules Tariffs, set forth by the carriers used to transport our customer’s freight, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over Nationwide Equipment Transportation, Inc. Terms and Conditions.
I. ADVANCEMENT OF CHARGES
a. Upon request, we will advance the charges not performed by us when a sufficient guarantee is given by either the party paying for the shipment.
b. We will not advance charges on any shipment on which prepayment of charges is required unless the amount of such advances has been deposited by check with us.
II. BILLS OF LADING
a. All Bills of Lading are NON-NEGOTIABLE and have been prepared by the customer or by Nationwide Equipment Transportation, Inc. on behalf of the customer and shall be conclusively deemed to have been prepared by the customer. Any unauthorized alteration or use of bills of lading or tendering of shipments to any carrier other than that designated by Nationwide Equipment Transportation, or the use of any bill of lading not authorized or issued by Nationwide Equipment Transportation shall VOID our obligations to make any payments relating to this shipment and VOID all rate quotes.
b. The Bill of Lading is binding upon the Shipper, Consignee, and any other party with interest in the shipment, us, and our agents.
c. In tendering the shipment, the shipper and the consignee agree to these Terms and Conditions. No employee, agent or representative of the parties is authorized to modify any of the Terms and Conditions. All Terms and Conditions, including but not limited to Limitations of Liability contained herein, shall apply to our agents and their contracting carriers.
d. If requested, we will provide the shipper with a copy of the Waybill, Bill of Lading, or other non-negotiable shipping document on which the shipment was tendered to us.
e. It is the shipper’s sole responsibility to accurately describe the contents of the shipment.
III. APPLICATION OF CHARGES
a. Except as otherwise provided for herein, transportation charges for a shipment will be assessed on the gross weight of the shipment based on the greater of:
i. The actual weight, or
ii. The cubic dimensional weight.
IV. CHARGES PREPAID, COLLECT OR THIRD PARTY
a. Shipments will be accepted either with the charges to be prepaid by the shipper or to be collected from the consignee, or when requested by the shipper or the consignee, the charges will be billed to a third party. If the third party should refuse payment for any reason, liability for payment shall revert to the shipper or consignee whichever requested third party billing. The shipper and consignee shall be liable jointly and severally for all unpaid charges payable on account of a shipment.
V. CHECK TO SHIPPER (“C.T.S.” OR “C.O.D.”) SHIPMENTS
a. Will be accepted only for shipments moving within the United States.
VI. CLAIMS PROCEDURE
i. Receipt of shipment by the consignee or the consignee's agent without written notification of damage or loss on the delivery receipt and/or delivery manifest will be prima facie evidence that the shipment was delivered in good condition.
ii. No claim will be processed by us unless all transportation charges have been paid. The amount of the claim may not be deducted from the transportation charges.
VII. DANGEROUS GOODS
a. Nationwide Equipment Transportation, Inc. does not accept Dangerous Goods of any kind.
VIII. LIABILITIES NOT ASSUMED
a. We are not liable to the shipper or to any other person for any mis-delivery, missed pickup, non-delivery, delay, damage or loss of whatever nature arising out of or in connection with the shipment or other services performed by us, unless such damage is proven to have been caused by our negligence and there has been no contributory negligence on the part of the shipper, consignee or other claimant.
b. Without limiting the generality of Paragraph (A), we shall not be liable for any loss, damage, mis-delivery, non-delivery, or other result caused by:
1. The act, default or omission of the shipper, consignee or any other party claiming an interest in the shipment.
2. The nature of the shipment or any defect, characteristics or inherent fault thereof.
3. Failure of the shipper or consignee to observe any of the rules contained in this document or including but not limited to, improper or insufficient packing, securing, addressing or marking any shipment, or failure to follow any rule related to shipments not acceptable for transport or shipments accepted only under certain conditions.
4. Acts of God, weather conditions, mechanical delay of aircraft or other equipment failures, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omission of custom officials, authority of law, quarantine, riots, strikes or civil commotion.
5. Acts or omissions of any person other than us including delivery instructions from the shipper or consignee complied with by us.
6. We cannot guarantee delivery by a specific time or date and shall not be liable for special or consequential damages due to delay, mis-delivery or non-delivery. Our liability shall be limited to a refund of the shipping charges in the event of a delay.
c. Our liability shall in no event exceed that as set forth in the Limitations of Liability provision contained herein.
IX. LIABILITY FOR CHARGES AND IDEMNIFICATION
a. The Shipper and Consignee shall be liable, jointly and severally, for all unpaid charges payable on account of any shipment.
b. The shipper and consignee shall be liable, jointly and severally, to pay or indemnify and hold us harmless for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed for any violation of any of the rules contained herein or any other default of the shipper or such other party with respect to a shipment.
X. LIENS ON SHIPMENTS
a. We shall put a lien on the shipment for all sums due and payable to us. In the event of non- payment of any sum payable to us, the shipment may be held by us and be subject to storage and/or disposed of at public or private sale, with notice to shipper or consignee, paying us out of the proceeds of such sale all sums due and payable to us including storage charges. The shipper and/or consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.
XI. LIMITATIONS OF LIABILITY
a. Our liability for shipments between points in the U.S. shall be limited to $.50 per pound multiplied by the number of pounds of each piece(s) of the shipment which may have been lost or damaged (but not less than $50.00 per shipment), or the actual value of such piece(s), whichever is less, plus the amount of any transportation charges relating to such shipment or piece for which we may be liable, unless at the time the shipper tendered the shipment, the shipper made a declaration of declared value for carriage in the space designated on our Waybill, and an additional valuation charge is paid. When such a declaration is made, our liability shall in no event exceed the declared value of the shipment plus applicable freight charges or the amount of loss or damage sustained, whichever is lower.
b. When the shipper makes a declaration of value, a valuation charge of $.60 per $100.00 of valuation will be charged on declared values up to $5,000.00. For increments above $5,000.00, the valuation charge will be $.75 per $100.00 of valuation. Maximum Declared Value NET will accept on any shipment is $25,000.00 per shipment, unless prior authorization is received from a Corporate Officer.
c. Notwithstanding Paragraph (A) above, shipments containing the following items of extraordinary high risk are limited to a maximum liability to NET of $50.00 per shipment, plus the amount of any freight charges relating to such shipment:
i. Architectural Models
ii. Artwork (paintings crated in wood, sculptures, ceramics, statues, etc.)
iv. Bulbs (electrical)
v. Costumes and costume jewelry
vi. Fur and fur-trimmed articles
vii. Glass, glassware, mirrors and glass tubes
viii. Liquids in bottles
ix. Musical Instruments
x. Nursery stock and plants
xi. Original Film Products
xii. Original wearing apparel designs
xiii. Porcelain Radio Tubes
xiv. Television Tubes
xv. Used Merchandise
xvi. Watches, clocks, and chronographs
d. Any declared value in excess of the maximums allowed herein is null and void and the acceptance by us for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums.
e. We shall in no event be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not we had knowledge that such damages might be incurred.
XII. NOTICE OF DISPOSITION OF PROPERTY
a. We will promptly notify the shipper and consignee when the shipment arrives at destination if we are not going to be delivering them to the Consignee.
XIII. PACKING AND MARKING REQUIREMENTS
a. Shipments must be packed by the Shipper to ensure safe transportation with ordinary care in handling.
b. Each piece must be legibly marked with the name and address, of both the shipper and the consignee.
XIV. PAYMENT OF CHARGES
a. Rates and charges are stated in United States currency and are accepted in United States currency only and are due and payable fourteen (14) days from the date of billing, and any payment which is past due shall be subject to an additional charge of 2% per month of the average outstanding balance due.
b. Shipper must apply and qualify for a credit account with Nationwide Equipment Transportation, Inc.
c. All prepaid charges are payable by company check, money order, wire transfer, or credit card at the time we accept the shipment.
XV. PICKUP AND DELIVERY SERVICES
a. Pickup and/or delivery service will be provided during normal business hours Monday through Friday (except certain holidays) and on weekends with special arrangements.
b. When vehicles are held for unloading or loading for more than 15 minutes, an additional charge may apply.
XVI. PROOF OF DELIVERY
a. When requested we will furnish a copy of the delivery record signed for by the Consignee or designated agent.
a. The applicable rates and charges for services are those in effect on the date we receive the shipment and will be determined by:
i. A rate quote confirmation number given within 30 days prior to shipment date.
ii. As set forth in a customer specific rate sheet.
iii. Shipper should contact us for a complete list of accessorial charges and/or surcharges.
iv. All rates are subject to change without notice.
XVIII. RE-DELIVERY SERVICE
a. A shipment which cannot be delivered on the first attempt to the Consignee, will be returned to the terminal until arrangements can be made with the consignee to have the shipment re-delivered. Additional charges may apply.
XIX. ROUTING AND RE-ROUTING
a. We will determine the routing, method and modes of transportation of all shipments based on the customers service needs.
XX. SHIPMENTS ACCEPTABLE
a. Shipments are acceptable for transportation only when the rules and regulations shown herein and all laws, ordinances, and other governmental rules and regulations governing the transportation thereof have been compiled with by the shipper and/or consignee.
XXI. SHIPMENTS NOT ACCEPTABLE FOR TRANSPORT BY NATIONWIDE EQUIPMENT TRANSPORTATION, INC.
b. Corpses, cremated or Disinterred remains
e. Hazardous Waste Materials
f. Live animals
h. Money, currency, bonds, Bills of Exchange, Deeds, Promissory Notes, Negotiable Securities and Stock Certificates
i. Original manuscripts or electronic media, of which no other copy exists
j. Personal effects
k. Postage, trading or revenue stamps, stamp collections and coin collections.
l. Precious metal, including but not limited to, gold, silver or platinum in the form of bullion, jewelry or any other form.
m. Used furniture or household goods uncrated or unwrapped.
n. Shipments containing alcohol and/or tobacco, except when to be delivered to licensed dealers.
o. Shipments not expressly covered by these rules, or which would be likely to cause damage to other shipments, equipment, crew or passengers, the carriage of which is prohibited by law.
p. Shipments of an inherent nature or defect, which indicates to us that such transportation, could not be furnished by us without loss of or damage to the shipment.
q. Shipments requiring a DOT poison gas, or poison inhalation hazard or poison label or an IATA toxic label.
r. Shipments requiring a DOT “Etiologic Agent” or an IATA “Infectious Substance” label.
s. Shipments requiring a DOT explosive A or B, or IATA Explosives 1.1, 1.2, 1.3, 1.4F or 1.5 label.
t. Shipments which require that we obtain a federal, state or local license for their transportation if we have elected not to comply with such license requirements.
u. Shipments prohibited by U.S. Federal or State, or foreign countries governing laws, rules and regulations either at origin or destination.
v. Shipments from unknown shippers for movement on aircraft.
XXII. SHIPMENTS SUBJECT TO ADVANCED ARRANGEMENTS
a. Any shipments having a declared or insured value exceeding $10,000.00.
b. Shipments requiring pickup or delivery of pieces which cannot be handled by one individual.
c. Excessive weight or size shipments.
d. Shipments requiring special devices for safe handling.
XXIII. SHIPMENTS SUBJECT TO DELAY
a. If the dimensions of the shipment are too large for available aircraft.
b. If the length of the shipment exceeds 125".
c. Shipments that are improperly packaged or lack proper documentation.
d. Shipments on which the shipper has omitted or provided an incorrect consignee address on the Waybill.
e. C.T.S. and C.O.D. shipments
f. Shipments difficult to handle, oversized or unwieldy, single pieces in excess of 250 pounds.
g. Shipments not complying with US Department of Transportation, Transportation Security Administration (TSA) regulations.
h. Shipments subject to inspection by Regulatory Authorities.
XXIV. SHIPMENTS SUBJECT TO INSPECTION
a. All shipments are subject to inspection by Nationwide Equipment Transportation, Inc., our agents, or any approved government official.
a. The provisions of these Terms shall be severable, and if any part, term, or provision herein shall be held invalid, such holding shall not affect the validity or enforceability of any part, term or provision herein.