TERMS AND CONDITIONS
Application of Service
Conditions
If there is a conflict between these Service Conditions
and the terms and conditions on any ACTION COURIER SERVICES, INC. or ACTION
COURIER SERVICES of OREGON, INC. (Here after referred to as ACS, INC/ACSOR,
INC.) waybill, the ACS, INC/ACSOR, INC. Waybill will control. These Service
Conditions supersede all previous service conditions and other prior statements
concerning the rates and conditions of ACS, INC/ACSOR, INC. service. ACS, INC/ACSOR,
INC. 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 current Service Conditions may be obtained by contacting ACS, INC/ACSOR,
INC.
Rates and service quotations by our employees and agents
will be based upon information provided by you, but final rates and service may
vary based upon the shipment actually tendered and the application of the
Service Conditions herein. Any conflict or inconsistency between any other
written or oral statements concerning the rates, features of service, products
and Service Conditions applicable to ACS, INC/ACSOR, INC. service will be
controlled by the ACS, INC/ACSOR, INC. Waybill and these Service Conditions, as
modified, amended or supplemented by ACS, INC/ACSOR, INC. from time to time. WE
MAKE NO WARRANTIES, EXPRESS OR IMPLIED. Monetary amounts stated in these Service
Conditions refer to U.S. dollars.
ACS, INC/ACSOR, INC. Waybill
The terms and conditions of the ACS, INC/ACSOR, INC.
freight waybill tendered by the carrier selected by ACS, INC/ACSOR, INC. for
pickup shall serve as a receipt for goods and shall contain the terms and
conditions set forth hereto in. These service terms and conditions, and the
terms and conditions of the ACS, INC/ACSOR, INC. waybill shall apply.
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 the terms and conditions.
Driver employees of ACS, INC/ACSOR, INC.’s qualified service providers are not
authorized to bind ACS, INC/ACSOR, INC. or its carriers to different terms and
conditions.
These service conditions and limitations shall apply
notwithstanding the issuance of any other air waybill or bill of lading by any
party tendering a shipment to carrier. The party tendering shipments to ACS,
INC/ACSOR, INC. shall indemnify and hold ACS, INC/ACSOR, INC. and its carriers
harmless from any demand or obligation which exceeds those set forth herein.
Definition of Parties
“Shipper” means any and all entities tendering
shipment to ACS, INC/ACSOR, INC. for carriage, including entities physically
tendering shipment and entities on whose account shipment is to be made.
"Shipper" means the person or entity with whom the shipment
originates, and whose name is listed on the freight.
Waybill as the Shipper, and includes the Shipper,
Consignor and their agents, servants and employees, and any other person or
entity having or claiming an interest in or beneficial ownership in a shipment.
As used herein, “shipper” shall include, but is not limited to, air freight
forwarders, property brokers, surface forwarders / consolidators, customs
brokers, and other logistics providers who tender shipments to ACS, INC/ACSOR,
INC.. Regarding all shipments tendered by any Shipper as defined above, the
shipper represents that it has the authority to enter into this agreement on
behalf of its customer and warrants that it is the disclosed agent of its
customer.
The term “Customer” has used herein shall include any
shipper, air freight forwarder, property broker, surface
forwarder/consolidators, customs brokers, or other third party tendering
shipments to ACS, INC/ACSOR, INC.. Where any intermediary, other than the
beneficial owner of the freight, tenders shipments to ACS, INC/ACSOR, INC., such
intermediaries shall be the disclosed agent of the beneficial owner of the goods
and the term “Customer” shall include its principal. ACS, INC/ACSOR, INC.,
Inc. is a licensed property broker authorized to arrange for surface
transportation, utilizing a network of motor carriers and cartage agents under
continuing contract with it.
The term “Carrier” or “Carriers” as used herein
shall mean the independently owned and operated motor carriers and other
qualified service providers under contract with ACS, INC/ACSOR, INC. into whose
care, custody and control shipments shall be tendered by ACS, INC/ACSOR, INC.
subject to these service conditions.
Customer and Shipper Warranties
Any party tendering shipments to ACS, INC/ACSOR, INC.
which is not the beneficial owner of the goods represents and warrants to ACS,
INC/ACSOR, INC. that it is authorized by the beneficial owner, shipper or
consignee to be named on the bill to tender the shipment to ACS, INC/ACSOR, INC.
and to bind its principal to the terms and conditions of these Service
Conditions. Any such customer, when tendering cargo to ACS, INC/ACSOR, INC.,
further agrees to indemnify and hold harmless ACS, INC/ACSOR, INC. and its TSP
(including cartage agents, motor carriers, and other independent contractors)
from any claim that it lacked authority to bind its principal to the terms and
conditions set forth herein, including limitations of liability.
Hazardous
Material Warranties
Shipper and customer certify that all shipments 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 ACS, INC/ACSOR, INC. shall be properly identified at time
of booking and shall be properly reflected on the shipping documents at time of
pickup by ACS, INC/ACSOR, INC.’s contract service provider.
Customer and Shipper agree to indemnify and hold harmless
ACS, INC/ACSOR, INC. and its transportation service providers 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.
Air
Cargo Compliance
We will only accept shipments having a prior or
subsequent movement by air from direct and indirect air carriers, subject to
regulation by the Transportation Security Administration. All customers
tendering air freight to us warrant compliance with TSA safety protocols and
agree to indemnify and hold us and our subcontractors harmless from any breach
in such compliance. We submit to a standard safety protocol designed to feasibly
meet the security requirements of the multiple customers we serve. Prior to
utilizing our service for ex-air moves, customers are advised to contact our
Director of Security at 253-395-3501 to obtain information concerning our
security protocols and to ensure that the supply chain is not compromised.
Liability for Freight Charges
Subject to its sole discretion, ACS, INC/ACSOR, INC.
shall extend credit to qualified customers and may by agreement initially bill
an intermediary, the named consignor, or the named consignee on the air waybill.
All freight charges shall be paid within thirty (30) days of invoice without
offset. Invoices not paid within thirty (30) days shall be subject to interest
at the rate of one and a half percent (1 ˝%) per month until paid. If
collection efforts are required by ACS, INC/ACSOR, INC. to collect any amount
due, collection fees at the rate of one-third or three hundred USD ($300),
whichever is less, shall apply. ACS, INC/ACSOR, INC. 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 of its
disclosed agent, ACS, INC/ACSOR, INC. acquires recourse to the consignor and
consignee under the shipping documents in the event freight charges are not
paid. ACS, INC/ACSOR, INC. reserves the right to demand prepayment of charges.
ACS, INC/ACSOR, INC. reserves the right to demand
prepayment of charges by bank check or money order on any shipment. A
twenty-five USD ($25) fee will be applied for any check dishonored due to
insufficient funds or incorrect or insufficient signature of the drawer.
Send remittance to:
(Via U.S. Postal Service) (Via overnight letter, etc.)
ACS, INC/ACSOR, INC.
22140 76th Ave. S.
Kent, WA 98032
ACS, INC/ACSOR, INC. 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 it by the shipper. This shall be a general lien on
all shipments in its possession tendered by the shipper, and not limited to a
specific lien on shipments for which charges are due. Enforcement of liens may
be on any commercially reasonable terms..
ACS, INC/ACSOR, INC. reserves recourse to the shipper and
the beneficial owner of goods for payment of freight charges in the event of
default by the party tendering the shipment to ACS, INC/ACSOR, INC. for
transport.
ACS,
INC/ACSOR, INC. Warranties
ACS, INC/ACSOR, INC. warrants to Shipper that it will
retain qualified motor carriers which meet the following criteria:
Carrier shall have all risk cargo insurance in the amount
of not less than $100,000 per shipment;
Carrier shall maintain public liability insurance in the
amount of not less than $1,000,000 as required by federal regulations (BMC-91X
on file);
Carrier shall maintain workers compensation insurance as
required by state law;
Carrier shall provide certificates of insurance upon
request;
Carrier is authorized by U.S. DOT to provide proposed
services;
With respect to air cargo, all carriers have subscribed
to a uniform safety and security protocol;
Upon payment of freight charges to it, ACS, INC/ACSOR,
INC. warrants that all third party carriers will be paid in full.
Weights and Measures
Unless specifically otherwise agreed to in writing, ACS,
INC/ACSOR, INC. retains the right to reweigh and/or measure, for the purpose of
applying correct charges, any shipment(s) at any time while in ACS, INC/ACSOR,
INC.’s custody and control, and to collect the appropriate charges without
first advising, reporting back to, pre-alerting, or otherwise notifying the
Shipper, Consignee or other interested party. ACS, INC/ACSOR, INC. reserves the
right to assess transportation charges based on volumetric standards.
Dimensional weight pricing is applicable on all shipments with a total volume of
more than 194 cubic inches.
Dimensional weight is calculated by multiplying length by
width by height of each package (all in inches) and dividing by 194. The
dimensional weight of each package in the shipment is added, and the total
dimensional weight of the shipment is then compared to the actual weight of the
shipment. If the dimensional weight exceeds the actual weight, transportation
charges for the shipment are based on the dimensional weight.
Cargo
Loss or Damage
Liability for loss or damage is applicable to ACS, INC/ACSOR,
INC. and its carriers. ACS, INC/ACSOR, INC. arranges for transportation of all
surface moves which may be governed by 49 U.S.C. '14706 and for movements having
a prior or subsequent movement by air and other shipments which are exempt from
federal statute.
As is customary in the expedited freight industry, ACS,
INC/ACSOR, INC. follows simplified rating procedures predicated upon a release
rate evaluation of 50 cents per pound per article. Unless otherwise noted and
agreed to in writing, this limit of liability shall apply to all shipments
tendered to ACS, INC/ACSOR, INC. and shall limit not only ACS, INC/ACSOR,
INC.’s liability, but also the liability of the motor carriers and other
transportation service providers in care, custody and control of shipments
pursuant to arrangements made by ACS, INC/ACSOR, INC.. In order to ensure strict
compliance with surface transportation statutes, ACS, INC/ACSOR, INC.’s
customers are allowed to choose an alternative higher limit of liability.
In the absence of declared value, the liability of ACS,
INC/ACSOR, INC. and its transportation service providers shall be 50 cents per
pound for that part of the shipment damaged or lost, but not less than fifty USD
($50) per shipment. The weight used to determine the limit of liability shall be
the same that is used to determine the freight charges of the shipment. In the
event that the weight of a lost or damaged article cannot be determined and the
lost article was part of a larger shipment, an average weight of each piece may
be used in the settlement of the claim. Such average will be determined by
dividing the weight by the total number of pieces in the shipment. Shipments
with a declared value in excess of fifty cents ($0.50) per pound or fifty USD
($50) per shipment, whichever is greater, shall be subject to increased freight
charges. Any shipment with a declared value of in excess of $25,000 which is
inadvertently accepted without prior written approval of a ACS, INC/ACSOR, INC.
corporate officer will be released to a maximum of two dollars fifty cents USD
($2.50) per pound and subject to the surcharge provided for herein.
In the event the party tendering shipment to ACS, INC/ACSOR,
INC. is obligated for greater limits of liability pursuant to a through air bill
by contract or otherwise, it shall assume sole responsibility for the liability
to the extent it exceeds the agreed release rate and shall indemnify ACS, INC/ACSOR,
INC. and its carriers, and shall waive subrogation with respect to any insurance
purchased to provide excess liability coverage.
Commodities
Not Accepted for Transport
Items of a fragile nature shall not be accepted for
carriage unless agreed to in writing with by a ACS, INC/ACSOR, INC. 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 ACS, INC/ACSOR, INC. 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.
Reasonable
Dispatch
No time is fixed for the completion of carriage, and
neither ACS, INC/ACSOR, INC. nor its carriers shall be liable for any loss or
damage caused by failure to commence or complete carriage within a certain time.
ACS, INC/ACSOR, INC. and its carriers assume no obligation to carry goods over
any particular route. ACS, INC/ACSOR, INC. 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.
No
Special Damages
Neither ACS, INC/ACSOR, INC. nor its carriers shall have
any liability for any special or consequential damages. All terms and conditions
of the standard waybill attached hereto as Appendix A shall apply. 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 ACS, INC/ACSOR, INC. in writing
via certified mail or the like at
Service upon ACS, INC/ACSOR, INC. shall be considered as
service upon its carrier in possession and control and ACS, INC/ACSOR, INC. will
provide claims administration services for its network of carriers. 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 ACS, INC/ACSOR, INC. shall only be brought on State
Court or Federal Court (where applicable) having jurisdiction in
Exceptions
from Liability
Without waiver of any other provision of these terms and
conditions, ACS, INC/ACSOR, INC. and its carriers 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 ACS, INC/ACSOR,
INC..
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.action-sea.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 ACS, INC/ACSOR, INC. shall be the applicable version. The ACS, INC/ACSOR,
INC. website at www.action-sea.com is for the convenience of ACS, INC/ACSOR,
INC. customers, and shall be subject to its terms of use, and shall not affect
these terms and conditions.
Assembly
and Set-Up Services
In addition to point-to-point transportation to be
provided pursuant to the rates and schedules set forth herein or as otherwise
agreed in writing, ACS, INC/ACSOR, INC.’s service provider, upon shipper’s
request and for charges to be determined, may provide inside delivery and setup
of cargo. When such service is rendered, the consignee shall first sign
carrier’s bill of lading, noting any damage to external packaging prior to
unpacking. Signature without notification or exception shall constitute prima
facie evidence that the shipment was not damaged in transit. Then, if during the
unpackaging of goods, concealed damages are found, the consignee shall note such
concealed damages on the house waybill and shall contact the shipper
immediately. Shipper acknowledges that neither ACS, INC/ACSOR, INC. nor its
carrier pack goods for transportation or inspect shipments prior to acceptance
of goods into the carrier’s care, custody and control. Accordingly, shipper
shall have the burden of proof to demonstrate that any concealed damages were
caused by shipper negligence.
Air
Cargo Rules and Security Protocol
Neither ACS, INC/ACSOR, INC. 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 ACS, INC/ACSOR, INC. Distribution, Inc. by direct air carriers or
indirect air carriers (IACs) who accept TSA responsibility for the shipment.
Each carrier in the ACS, INC/ACSOR, INC. network subscribes to a uniform
security protocol which has been approved by existing customers. A copy of this
protocol is available for review and incorporation by qualified IACs and other
regulated parties.
In tendering air cargo shipments to ACS, INC/ACSOR, INC.,
the customer certifies that it is in compliance with TSA security requirements
and that the services of ACS, INC/ACSOR, INC. are those of a non-exclusive
ground service agent.