Terms and Conditions

Contract of Carriage

1. In tendering the shipment described herein for carriage, shipper agrees to these conditions of contract which no agent, or employee of the parties may alter, and that this bill of lading is non-negotiable and has been prepared by the shipper or upon instruction from the shipper by Delivered on behalf of the shipper. Note: Shipper in this contract means (a) the party tendering the shipment to Delivered; (b) the party requesting the shipment be tendered to Delivered; (c) any party having a controlling interest in the shipment; (d) any party acting as an agent for (a) through (c) above. It is mutually agreed that the conditions of carriage for this shipment are governed by Delivered’s current tariffs, rules and regulations, available at shipdelivered.com, by reference, are hereby incorporated into this contract.
2. Shipper warrants that the contents of this shipment are in apparent good order and condition, except as noted and are thus properly described on the face of this bill of lading, each package in this shipment is properly marked, labeled and addressed, and its contents are adequately packaged and secured to prevent damage with ordinary care in handling during transportation.
3. Unless otherwise expressly provided in Delivered’s tariffs, rules and regulations, and subject to any restrictions contained therein, the following items will not be accepted for transportation; any shipment prohibited by law, bonds, negotiable securities, currency, money, coins of any kinds, gems or precious stones (cut or uncut), pearls, industrial diamonds, precious metal as processed concentrates or bullion, furs, fur clothing, jewelry, artwork (original or reproduced), antiques or watches; film (processed or unprocessed) bids, contracts or other time sensitive written material when the declared value for carriage exceeds fifty cents ($0.50) per pound, and such other items provided in Delivered’s governing rules, regulations and tariffs. These limitations are subject to revision as published in Delivered’s governing rules, regulations and tariffs. Delivered is not liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this bill of lading, and no employee, agent or an independent contractor of Delivered has any authority to accept such items for transportation or to waive the limitations contained herein.
4. In accepting this shipment for carriage, Delivered agrees to provide ordinary care in handling but does not imply the contents are properly packaged for carriage. Delivered has the right to inspect the shipment and its contents but is not obligated to do so.
5. Delivered has the right to transport this shipment by method and routing of its choice. Delivered may substitute carriers or modes of transportation and select the routing for this shipment, even though such substitution, mode or routing may deviate from that requested on the face hereof.
6. Delivered does not guarantee pick-up, transportation or delivery of this shipment by a stipulated date or a stipulated time, nor shall Delivered be liable for any consequences arising from its failure to do so.
7. All parties to this shipment shall hold Delivered 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 whether or not Delivered had knowledge that such damages might be incurred.
8. Delivered is not liable for any loss, damage or misdelivery caused by the act, default or omission of the shipper, consignee or other party claiming interest in this shipment; the nature of the shipment or any defect thereof; failure of the shipper or consignee to abide by the terms of this contract, including but not limited to, improper or insufficient packing, securing, marking or addressing for the shipment; acts of God, perils of the air or sea, public enemies; public authorities; acts or omissions of customs or quarantine officials; war, acts of terrorism; riots; strikes or other labor disputes; weather conditions; mechanical delay of aircraft, vessel or other equipment, compliance with delivery instructions from the shipper, consignee or other party claiming interest in the shipment; or acts or omissions of any person other than Delivered.
9. Delivered is not liable for loss, damage, destruction, delay, theft, misdelivery, non-delivery or any other adversity not caused by the actual negligence of itself, its employees, its agents or its independent contractors.
10. For domestic shipments, including Canada, Delivered’s liability, in the absence of a higher declared value for carriage having been entered in the appropriate area on the face hereof, is limited to a minimum of ten dollars ($10.00) or fifty cents ($0.50) per pound with a maximum limit of one hundred dollars ($100.00) per piece of Delivered lost, damaged or otherwise adversely affected. Declared value for carriage in excess of fifty dollars ($50.00) or fifty cents ($0.50) per pound is subject to an additional fee as provided for in Delivered’s governing rules and regulations in effect on the date of this shipment. In no event shall Delivered’s liability exceed the declared value of the shipment or the amount of loss or damage actually sustained, whichever is lower.
11. If this is an international shipment, except Canada, liability rules under the Warsaw Convention shall apply and Delivered accepts this bill of lading as a shipper’s letter of instruction with authorization to prepare and sign on shipper’s behalf an international bill of lading and any required documentation from the information shown herein. Delivered further reserves the option to act as agent of the carrier instead of as a forwarder, in which event the direct carrier’s tariffs shall apply to this shipment.
12. Unless the shipper indicates, at the time of shipment, a specific declared value for each package in this shipment individually, and the consignee, at time of delivery, so identifies an individual package as being lost, damaged or otherwise adversely affected claim recovery for this shipment will be based on average declared value per pound of the entire shipment multiplied by the weight (in pounds) of those pieces actually lost, damaged or otherwise adversely affected with a maximum limit of one hundred dollars ($100.00) per package.
13. Without prior notification, Delivered is insured for aggregate losses at any one time at any one place under a Delivered policy with maximum limit of one hundred dollars ($100.00) per piece.
14. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
15. Any shipment on which a quoted rate or discount has been applied will be subject to the full tariff rate if not paid within fifteen (15) days from the invoice date. Any invoice not paid within fifteen days from the invoice date is deemed delinquent.
16. Charges invoiced for the transportation of this shipment, if not paid in full within fifteen (15) days from the original invoicing date, are subject to a service fee of one and one half percent (1-1/2%) per month of the then existing delinquent balance.
17. The shipper and consignee 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 Delivered for all claims, fines, penalties, damages or costs or other sums which may be incurred by Delivered by reason of any violation of this contract or any other default of this shipper, consignee or their agents.
18. Delivered shall have a lien on this shipment for all sums due and payable to Delivered on account of shipper or consignee. Delivered may refuse to surrender possession of this shipment until such sums are paid. Should Delivered bring legal action for the enforce­ment of this contract or collection of any sums due and payable under this contract, Delivered shall be entitled to reasonable attorney fees and costs incurred in pursuing its remedies hereunder.
19. Receipt of this shipment by the consignee or the consignee’s agent without written notice of exception on the delivery receipt shall be prima facie evidence that the shipment received ordinary care in handling and was delivered in good condition.
20. All claims other than overcharge, concealed loss or damage, or service failure must be made in writing to Delivered, at osd@shipdelivered.com on front of form, within fifteen(15) days after the date of acceptance of the shipment by Delivered.

A claim involving concealed loss or damage must be made in writing to Delivered, at osd@shipdelivered.com, within fourteen (14) days from the date of shipment delivery. The shipment, its container(s), and packing material must be made available for inspection by Delivered at the delivery location.

A claim for overcharge must be made to Delivered in writing within one hundred and twenty (120) days from the initial invoice date.

A claim for service failure must be reported to Delivered in writing within ninety (90) days after the date of acceptance of the shipment by Delivered.

No claim will be entertained until all transportation charges have been paid. Claim amounts cannot be deducted from transportation charges or other sums owed Delivered. Legal action to enforce a claim must be brought against Delivered within one (1) year after the claim has been denied in whole or in part by Delivered.

Note: For information about filing a claim please contact Delivered at claims@shipdelivered.com. Delivered shall have no liability for any such claims for which notice and documentation is not filed within the time limits set forth herein.

21. Any controversy or dispute arising out of or relating to this contract, unless settled by mutual accord, shall be submitted to an advanced in the jurisdiction and venue of Delivered’s corporate office.
22. This contract shall be governed and construed in accordance with the laws of the State of Ohio.
23. Should any provision of this contract or the application thereof, to any extent, be held invalid or unenforceable, the remainder of this contract 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.
24. This contract shall be binding upon and inure to the benefit of the parties hereto, their successors and as­signs.