General Terms, Conditions and Liabilities
1. In tendering shipments to QW Express (hereinafter QWE) for transportation, Shipper/QWE’s Customer (hereinafter Customer) agrees to the following terms and conditions. These terms and conditions are non-negotiable unless otherwise agreed to in writing by both parties. No employee, agent or an independent contractor of QWE has any authority to waive any of the terms and conditions contained herein. Both Parties expressly waive all right, duties and obligations permitted under 49 USC 14101(b).
2. Customer warrants that all shipments will be tendered in apparent good order and condition and will thus be properly described on the applicable bill of lading. Customer further warrants that all packages will be properly marked, labeled and addressed and that their contents will be adequately packaged and secured as to prevent damage during the rigors of normal transportation. Customer acknowledges that any applicable packaging guidelines set fort by the National Motor Freight Classification (NMFC) must be strictly adhered to.
3. Unless otherwise expressly provided in writing, the following items will not be accepted for transportation: any shipment prohibited by law, bonds, negotiable securities, currency, money, coins of any kind, gems or precious stones (cut or uncut), pearls, industrial diamonds, precious metal as processed concentrates or bullion. Within the limitations noted, the following items are acceptable for transportation, furs, fur clothing, jewelry, art work (original or reproduced), antiques or watches when the declared value for carriage of said items does not exceed two thousand dollars ($2,000.00); film (processed or unprocessed) when the declared value for carriage does not exceed one thousand dollars ($1,000.00); bids, contracts or other time sensitive written material when the declared value for carriage does not exceed twenty-five cents ($0.25) per pound; used goods, used machinery, reconditioned goods, electronics, household goods, or personal effects when declared value for carriage does not exceed twenty-five cents ($0.25) per pound. QWE reserves the right to prohibit or restrict any item from transportation at any time at its sole discretion.
4. In accepting any shipment, QWE agrees to provide ordinary care in handling but does not imply the contents are properly packaged for carriage. QWE has the right to inspect this shipment and its contents but is not obligated to do so.
5. QWE does not guarantee pickup, transportation or delivery of this shipment by a stipulated date or a stipulated time, nor shall QWE be liable for any consequences arising from its failure to do so.
7. All parties to shipments tendered to QWE shall hold QWE harmless from any special, incidental or consequential damages, including but not limited to loss of profits, income, interest or utility or loss of market, resulting from the transportation of this shipment regardless of whether or not QWE had knowledge that such damages might be incurred.
8. QWE is not liable for any loss, damage, delay or mis-delivery caused by: the act, default or omission of the Customer, consignee or other party claiming interest in this shipment, the nature of the shipment or any defect thereof; failure of the Customer or consignee to abide by the terms of these terms and conditions, including but not limited to improper or insufficient packing, securing, marking or addressing for the shipment; acts of God; perils of the air; public enemies; public authorities; acts or omission of customs or quarantine officials; war; acts of terrorism; riots; strikes or other labor disputes; weather conditions; mechanical delay of truck, aircraft or other equipment; compliance with delivery instructions from the Customer, consignee or other party claiming interest in the shipment; or acts or omissions of any person other than QWE. Furthermore QWE is not liable for loss, damage, destruction, delay, theft, mis-delivery, non-delivery or any other adversity not caused by the actual negligence of itself, its employees, its agents or its independent contractors.
9. QWE may substitute carriers or modes of transportation and select the routing for any shipment. QWE may at its discretion tender the Customer’s goods to a Third Party subject to the Third Party’s limitations of liability and subject to all other terms and conditions of the Third Party’s service. Customer understands and agrees that Third Parties to whom QWE entrusts Customer’s goods may impose terms and conditions of their service, including limiting their liability for loss or damage. Absent the Customer’s written request, QWE is not required to inform Customer regarding any such liability limitations or other terms or conditions of a Third Party. Customer agrees that in no event shall QWE’s liability ever be greater than that of the underlying Third Party’s liability as provided for in its tariff with QWE at the time of the shipment. Note: QWE will request coverage from the Third Party exceeding the Third Party’s limitation and the Third Party’s modification or waiver of its other terms and conditions only upon written instructions from the Customer. Customer agrees to and accepts all charges applicable to the requested increase in liability.
10. Quotations as to fees, rates of duty, freight charges, insurance premiums, and other charges given by QWE to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon QWE unless QWE in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between QWE and the Customer.
11. Any shipment on which a quoted rate or discount has been applied will be subject to the full tariff rate if not paid within thirty (30) days from invoice date. Any invoice not paid within 30 days from invoice date is deemed delinquent.
12. QWE is not obliged to procure insurance on Customer’s behalf absent Customer’s written request when Customer requests QWE’s services for a particular transaction. Customer shall pay all premiums and costs incurred by QWE in connection with procuring requested insurance
13. If charges invoiced for the transportation of this shipment are not paid in full within 30 days from invoice date, QWE may assess a late payment charge of up to 1.5% monthly or the maximum rate amount permitted by law, whichever is less, on the unpaid balance.
14. Customers and consignees shall be liable jointly and severally (a) for all unpaid charges payable on account of this shipment pursuant to this contract and (b) to pay or indemnify QWE for all claims, fines, penalties, damages, costs, or other sums which may be incurred by QWE by reason of any violation of this contract or any other default of the Customer, consignee, or their agents.
15. QWE shall have a lien on this shipment for all sums due and payable to QWE on account of Customer or consignee. QWE may refuse to surrender possession of this shipment until such sums are paid. Should QWE bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, QWE shall be entitled to reasonable attorney fees and costs incurred in pursuing its remedies hereunder.
16. Receipt of a shipment by the consignee or the consignee’s agent without written notice of exception on the delivery receipt / bill of lading shall be prima facie evidence that the shipment received ordinary care in handling and was delivered in good condition. QWE is not responsible for concealed loss or damage to any shipment that received ordinary care in handling and was delivered in apparent good condition.
17. All claims must be made in writing to QWE at its corporate address shown above, no later than one-hundred and twenty (120) days after the date of delivery. No claim will be accepted unless all outstanding transportation charges have been paid. Claim amounts may not be deducted from transportation charges or other sums owed QWE. Legal action to enforce a claim must be brought against QWE within one (1) year after the claim has been denied in whole or in part by QWE. QWE shall have no liability for any such claims for which notice and documentation is not filed within the time limits specified in this section.
18. These terms shall be governed and construed in accordance with the laws of the State of Wisconsin. Any controversy or dispute arising out of, or relating to, these terms, unless settled by mutual accord shall be submitted to and advanced in the jurisdiction and venue of QWE’s corporate office.
19. Customer agrees that these terms, conditions and liabilities shall be binding upon all shipments tendered to QWE, their successors and assigns. Should any provision of these terms be held invalid or unenforceable, the remainder of the provisions and the application thereof other than those provisions as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue valid and enforceable to the fullest extent permitted by law or equity.
20. Except as otherwise provided herein, QWE warrants to Customer that QWE shall use reasonable care, diligence, and skill to provide QWE’s services, and QWE makes no other express or implied warranty in connection with its services or the services of any Third Party. (b) QWE’s recommendation or engagement of a Third Party to render services for or on behalf of Customer shall not constitute QWE’s representation or warranty that such Third Party will render adequate services. QWE shall not be liable to Customer for any negligent or intentional act, omission, or inaction of such Third Parties, including without limitation, any delay or loss that occurs while a shipment is in the custody or control of a Third Party. QWE shall not be liable for its negligent selection or entrustment of a Third Party. Customer shall bring all claims involving any negligent or intentional act, omission, or inaction of a Third Party solely against that Third Party, whether or not the Third Party was recommended or engaged by QWE. QWE shall not be liable to Customer for any delay or loss caused by the selection or change of a particular shipping route or shipping procedure, whether or not recommended, selected, or changed by QWE or by any Third Party. (c) QWE shall be liable only for its own actions and omissions, including QWE’s breach of these terms and conditions, the terms of any invoice or bill of lading, and the terms of any other agreement with the Customer. (d) In no event shall QWE be liable or responsible for any actual, consequential, or incidental damages including but not limited to Customer’s lost profits, loss of goodwill, or increased overhead, even if QWE knew or should have known that the Customer would or might incur additional damages and even if such additional damages were caused by any action of omission by or on behalf of QWE that was intentional, reckless, willful and wanton, in violation of any law, constitutes ordinary or gross negligence, was hazardous or ultra hazardous, or could give rise to strict liability or liability assessed without fault.
The Customer shall forever indemnify, defend, refrain from suing, and hold harmless QWE, its parent company, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, contractors, representatives, and Third Parties engaged by QWE, of and from all claims, damages, losses, lawsuits, administrative proceedings, all other proceedings, liabilities, costs, and expenses, wherever and whenever brought or occurring, wholly or partially caused by or involving: (a) any latent or patent condition, any quality, or any part of Customer’s goods, (b) any conduct, omission, or misstatement, by the Customer or of any Third Party acting for on behalf of Customer, whether or not intended, unintended, negligent, or knowingly or unknowingly in violation of any law, treaty, convention, agreement, Documentation, or industry practice, (c) any Documentation, information, or instruction, or the lack thereof, given or not given to QWE or any Third Party by the Customer or any Third Party acting for or on behalf of the Customer, and (d) any release of the Customer’s goods by QWE contrary to any Third Party instruction. By way of example and not limitation, the foregoing shall include claims for property damage, personal injuries; fines and penalties; the expenses of domestic and international travel; storage and demurrage charges; lodging, meals; and the fees of consultants, experts, and attorneys.