Terms and Conditions
These Terms and Conditions apply to all shipments of cargo for which Trans-Expedite, Inc. (“TEI”) makes arrangements for transportation and logistics, whether by air, water, rail, or motor carrier or other related services. "TEI" means Trans-Expedite, Inc. or any of its subsidiaries or affiliated companies, acting as an indirect air carrier, an ocean freight broker, a surface freight forwarder, or any similar or related service. Service Provider means any air carrier, ocean carrier, motor carrier, rail carrier, warehouse, or other provider of transportation or transportation related services when arrangements for transportation are made by TEI. "Customer" means the shipper, consignor, consignee, owner or any other party or its agent with an interest in the shipment. These Terms and Conditions are part of every agreement between TEI and its customers, as if they were fully written and contained in each agreement. These Terms and Conditions may be updated by TEI at any time, so please check www.trans-expedite.com for the most current Terms and Conditions. No TEI employee, agent or representative other than an officer of TEI may waive or alter any of the limitation set forth herein.
Customer Responsibilities - Customer must properly mark, pack and label cargo so it will safely endure ordinary handling in transit. Customer must provide proper shipping instructions and documentation to enable TEI and Service Providers to safely and securely provide transportation services. Unless otherwise agreed in writing, customer is responsible for proper loading and unloading of the cargo onto TEI's or Service Providers equipment. Customer, including shipper, consignor, consignee, and owner of the cargo, are jointly and severally liable to TEI for any fines, penalties, or damages resulting from Customer's breach of this provision.
Uncrated, unprotected or improperly packaged merchandise is handled on a “hold harmless” basis, and liabilities will not be assumed in the event of damage to any such merchandise. TEI accepts shipments on an outer-pack level and does not recount or inspect inner-packs or their internal contents. The internal content of the shipment is considered as “Said to Contain” (STC) and/or “Shipper Load and Count” (SLC). It is recommended that for High Risk shipments such as High Value or Vulnerable Commodities, the shipper utilize tamper evident packaging or tape or other means to further protect the product. Any disturbance to this tamper evident packaging or tape must be noted on the delivery receipt at the time of delivery. The shipper shall comply with all applicable laws, customs, and other governmental regulations of any country to, from, through or over which the goods may be carried, including those relating to the packaging, carriage, or delivery of the goods, and the shipper shall furnish such information and attach such documents to the waybill as may be necessary to comply with any of such laws, customs, and regulations. The Shipper is responsible to assign a customs broker for Customs clearance. TEI shall not be liable for loss, damage, delay, detention, storage or other expenses arising out of the shipper’s failure to comply with any such laws, customs or regulations.
Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels. Dangerous Goods must be identified, packaged, marked, labeled, and documented by the Shipper in accordance with applicable regulations.
Rates and Charges; Overcharge/Undercharge claims - Rates and charges will be negotiated between Customer and TEI and confirmed in writing prior to shipment. All TEI services are subject to a fuel surcharge (“FSC”). TEI reserves the right to modify the FSC based on market conditions and stability. Any claim for overcharge or undercharge must be presented in writing to the other party within 30 days of the date of shipment or the claim will be time-barred.
Payment - Customer shall pay all charges invoiced to it within 30 days of receipt of an invoice. Invoices not paid within 30 days of receipt will be subject to interest of 1 _% per month
Liability for Loss, Damage or Delay - Neither TEI nor Service Providers will be liable for delay to cargo. TEI and its Service Providers shall not be liable for loss or damage to cargo caused by or to:
a)Act, default, or omission of the shipper, consignee, or any other party claiming an interest in the shipment; or property stopped in transit at the direction of the shipper, consignee or any other party claiming an interest in the shipment;
b)The nature of the cargo, defect, or inherent vice of the cargo, including loss or damage to perishable or temperature controlled items or natural shrinkage or evaporation;
c) Acts of God, weather conditions, perils of the air or of the sea, or any other events that are not under the control of TEI or Service Providers.
d)Acts of the public enemy, riots, strikes, terrorism, or acts of war;
e)Acts of public authority, including customs officials, border patrol officials, homeland security officials, drug enforcement personnel and other law enforcement personnel.
f) Any documents, specie, or any articles of extraordinary value not specifically rated in our classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are agreed upon in writing prior to shipment.
g) Any explosives or dangerous goods, without previous full written disclosure to TEI or Service Provider of their nature.
Limitation of Liability - The liability of TEI and Service Providers shall be limited to the lesser of (1) invoice value of the goods lost or damaged (2) repair cost of the cargo damaged, or (3) unless a higher value is declared and an ad valorem charge paid, the following limitations of liability based on the mode of transportation:
1. Shipments by Air - If shipments are moving domestically within the United States, liability shall be limited to $50 per shipment or $0.50 per pound per piece of cargo lost or damaged, whichever amount is greater, based on the weight of the lost or damaged cargo unless a higher value is declared on the bill of lading and an ad valorem additional insurance charge paid. In no event shall amount exceed the actual invoice value of the goods or damages sustained by shipper. If moving internationally, liability shall be limited to 19 Special Drawing Rights ("SDRs") per kilogram, based on the weight of the goods lost or damaged. These limitations of liability apply door-to-door, during carriage by air or substituted service by other modes, and during related motor carrier transportation, including ground handling, warehousing, and customs clearance services.
2. Shipments by Water - Liability shall be limited to $500 per container based on the number of packages lost or damaged, unless a higher value is declared on the bill of lading and an ad valorem charge paid, unless such limitation is prohibited by law, in which case the lowest limitation allowed by law will apply. This limitation of liability applies during water transportation, and all related services, including ground handling, warehousing, customs clearance service, stevedoring, motor carriage or rail transportation.
3. Shipments by Motor Carrier - If part of a through air or water shipment, liability may be limited as specified above or by such through bill of lading. If not so limited, liability shall be limited to $50 per shipment or $0.50 per pound per piece of cargo lost or damaged, whichever amount is greater, based on the weight of the lost or damaged cargo unless a higher value is declared on the bill of lading and an ad valorem charge paid. In no event shall amount exceed the actual invoice value of the goods or damages sustained by shipper. For loss or damage to cargo that occurs in Mexico, liability is limited to $.10 per pound times the weight of the cargo lost or damaged. If Customer desires insurance to cover the risk of loss or damage to shipments in Mexico, Customer is responsible for obtaining such insurance.
Declared Value and Increased Liability - If Customer desires, TEI may accept additional liability of the cargo, but the amount of liability requested must be received by TEI in writing from Customer before the shipment moves. TEI does not guarantee or warrant that such additional liability will be accepted for all products. All increased liability contains exceptions and it is the obligation of Customer to be aware of such. TEI will charge additionally for such increased liability. The maximum declared value permitted on TEI is $500,000.00 USD. Any declared value in excess of the maximum herein shall be null and void, and the acceptance by TEI for carriage of any shipment with a declared value in excess of the allowed maximum shall not constitute a waiver of this maximum.
NO CONSEQUENTIAL DAMAGES - NEITHER TEI NOR SERVICE PROVIDERS ARE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY GIVING RISE TO SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF MERCHANTABILITY, LOSS OF PROFITS OR INCOME, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Cargo Claims Processing - All claims for loss or damage to cargo must be filed in writing and received by TEI within the time limits specified below and must be presented in a TEI standard claim form for cargo loss or damage. All supporting documentation required on this form must accompany the claim form in order to consider this a Proper Claim. Failure to include any of the supporting documents may be grounds for denial and/or may delay the conclusion of the claim. The claim must identify the shipment, allege liability on the part of TEI or Service Provider, and provide evidence to support the amount claimed and that damages alleged were caused by negligent handling during transit. Receipt by consignee of the shipment without written notification of damage or loss on the delivery receipt shall be prima facie evidence that the shipment has been delivered in good order. All contents and packaging materials shall be retained in the original shipping container, in the same condition as when loss or damage was discovered, until inspected by TEI.
Each claim must include evidence that all transportation charges have been paid. Claims may not be deducted from transportation charges or any other charges due TEI. No agent or employee of TEI or Service Provider shall have the authority to alter or waive the provisions of this Paragraph.
Concealed Damage/Loss - For shipment claims for loss or damage to contents of a shipping container that could not have been noted at time of delivery shall be reported to a local TEI office within 72 hours from date of delivery. A request for inspection must be made at that time.
TEI will not consider claims on concealed loss/damage claims on shipments consisting of used medical, scientific, electrical, telephone, computer, or other sensitive machinery. Additionally shipments with increased liability should be thoroughly inspected by the consignee at time of receipt. Any damages or shortages must be clearly noted on the delivery receipt. Signing the delivery receipt will be prima facie evidence to the fact that the entire contents of the shipment were received complete and in good condition without damage. No claims of freight loss or damage will be entertained if the delivery receipt is signed without exceptions. Claims of concealed damage on shipments with increased liability or declared value will not be accepted.
Time Limits for Claims and Suites for Cargo Loss, Damage or Delay - The following time limits apply, unless prohibited by law, in which case the shortest length of time allowed by applicable law will apply:
1. Shipments by Air. Any claim for loss or damage, must be filed with TEI within 30 days of the date shipment is delivered. Any suit to recover a claim for loss or damage to cargo must be filed within one year of the date of shipment.
2. Shipments by Water. Any claim for loss or damage must be filed with TEI within 60 days of the date shipment is delivered. Any suit to recover a claim for loss or damage to cargo must be filed within one year of the date of shipment.
3. Shipments by Motor Carrier. Claims must be filed with TEI within 9 months of the date shipment is delivered, or, in the case of non-delivery, within 9 months of the date shipment should have been delivered. Any suit to recover a claim for loss or damage to cargo must be filed within two years of the date the claim or any part of it is denied.
Waiver - To the fullest extent legally allowed, these Terms and Conditions constitute a waiver of any conflicting provisions in any otherwise applicable laws, regulations, treaties, or agreements, including but not limited to the Interstate Commerce Act, the Montreal Convention, and the Carriage of Goods by Sea Act.
Minimum Security Requirements - TEI adheres to a secure operational program based on TSA, C-TPAT and ISO 28000 standards requiring all business relationships are with organizations who also execute a safe and secure process throughout their operations and within their supply chain. Customer assures that it is or promptly will adhere to a comprehensive safety and security process within their organization, covering procedural, physical and conveyance security; data controls; personnel security; employee awareness and communication with other sectors in the international trade supply chain about the need for enhanced security as applicable to Customer. By partnering on a commitment to these principles, TEI and Customer will be able to enhance security.
Screening Consent - ALL cargo, whether intended for transport by air or ground, is subject to inspection by TEI but TEI shall not be obligated to perform such inspections.
Prior to accepting cargo for air transport for or from any customer, TEI is required by TSA to obtain written consent for inspection of cargo. TSA requires TEI to refuse such cargo if the shipper does not consent to inspection. Customer hereby consents to the inspection of its cargo.
Construction of Terms and Venue - The terms and conditions shall be construed according to the laws of the State of Texas. SHIPPER AND COMPANY AGREE THAT ANY CLAIM OR DISPUTE ARISING BETWEEN THEM, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING EL PASO COUNTY, TEXAS. SHIPPER AND COMPANY HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS.