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Terms and Conditions1. AGREEMENT TO TERMS AND CONDITIONS. In tendering the shipment, the Shipper agrees to these terms and conditions, which no agent or employee of the parties may alter, and that this airbill is nonnegotiable and has been prepared by the Shipper. The Shipper also agrees to these terms and conditions on behalf of any person or entity with an interest in the shipment. The Shipper warrants and represents to On Target Professionals that the information inserted on the face of this airbill is complete and accurate. It is also agreed among the parties that the shipment where applicable is governed by On Target Professionals' tariff(s) which are hereby incorporated into this contract and Shipper agrees to be bound by the terms and conditions of said tariff(s). A copy of said tariff is available for inspection at the offices of On Target Professionals by request. To the extent these terms and conditions conflict with the tariff(s), this airbill shall control. Except to the extent of any written contract between shipper and On Target Professionals, this airbill supersedes and negates any claimed, alleged or asserted oral agreement, promise, representation or understanding between the parties with respect to this shipment.2. SHIPPER'S WARRANTY. Shipper warrants that each package in this shipment is properly and completely described on this airbill, is properly marked and addressed, is packaged properly and adequately to protect the contents in the normal course of transportation, and except as noted on the airbill, is in good order and condition. 3. At time of delivery, the consignee must note on the delivery receipt any exceptions to the condition of the shipment or the shipping containers. On Target Professionals shall not be liable for concealed damage not noted on the delivery receipt unless Shipper is able to prove that such loss or damage occurred while the Shipment was in On Target Professionals' possession. In addition, On Target Professionals shall not be liable for damage to exterior packaging and outside shipping containers, damage/loss to articles that are adequately packaged but shipped in unenclosed containers and marked to insure safe transportation with ordinary care in handling unless mishandling an/or loss is evident and is so noted on the delivery receipt at time of delivery. On Target Professionals must be notified in writing of any loss or damage to the shipment no later than 14 days after the date of delivery. On Target Professionals is entitled to inspect the shipment and any materials used to package or protect the shipment for transportation at the place of delivery. The failure to give timely notice of any loss or damage or the failure to permit or arrange inspection as required herein shall constitute a bar to any claim for loss or damage: it is incumbent upon the claimant and any other interested party to mitigate the damages to the extent that is reasonably possible. ALL claims for loss or damage must be received in writing by On Target Professionals no later than 180 days after the date of delivery. Such claims must include copies of the airbill, delivery receipt, invoice and any other documents supporting the claim; no claim will be considered until all transportation charges have been paid. Claims may not be deducted from transportation charges. In the event On Target Professionals pays a claim, On Target Professionals shall be entitled to possession of the portion of the shipment for which claim was made as salvage. The failure to provide the salvage shall be a bar to recovery of any claim. Claims for overcharges must be received in writing by On Target Professionals no later than 6 months after the date of delivery. Suit to recover for any loss, damage or overcharge must be instituted within one year from the date the claim has been denied in writing, in whole or in part, by On Target Professionals. Note, a clear delivery receipt shall be prima facie evidence of ordinary care in handling and receipt of the shipment in good condition. Any claim for damage to consignee's premises incurred during delivery will be deemed untimely unless noted on the front hereof or reported to the delivering carrier within 24 hours of delivery. Failure of the consignee to notify On Target Professionals of any such damage in a timely manner will be grounds for declination of any such claim; and the consignee will be barred from pursuing any such claim in a court of law or otherwise. In order for On Target Professionals to consider any claim, On Target Professionals must be allowed the privilege to make inspection of any property damage. 4. Due to the inherent nature of the transportation business, On Target Professionals does not guarantee pick up, transportation, or delivery by a stipulated time, nor shall On Target Professionals be liable for the consequences of failure to do so. 5. On Target Professionals shall not be liable for loss, damage, delay or monetary losses of any type caused by: Acts of God, public authorities acting with actual or apparent authority, strikes, labor disputes, weather, mechanical failures, aircraft failures, civil commotions, acts or omissions of customs or quarantine officials, the nature of the freight or any defects thereof, public enemies, hazards incident to a state of war, acts of terrorism, and by acts, defaults, or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packing, marking, incomplete / inaccurate shipping instructions and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions as outlined below. 6. On Target Professionals' limitation of liability, in the absence of a higher declared value for carriage, is limited to $0.50 per pound per piece lost or damaged with a minimum of $50.00 per shipment or the actual invoice value of the article or articles lost or damaged if a lesser amount. Value Insured for carriage by the shipper at the time of receipt of the shipment by On Target Professionals shall be subject to a valuation charge of $.70 per $100 insured; the Insured amount must be equal to the actual invoice value of the shipment. In the event the Insured amount is less than total invoice value, On Target Professionals will only be liable for the same fraction of the insured amount. On Target Professionals will not accept shipments for transportation with a declared value in excess of $20,000 unless a specific arrangement for additional cargo coverage or self insurance has been received in writing. Failure to provide this advanced notification will nullify any claims. In the event that such a shipment is inadvertently accepted, the standard limits of liability will apply. Unless prior arrangements are made, On Target Professionals individual limit per shipment shall not exceed $2000.00. 7. PROHIBITED CARGO. The following articles will not be accepted for carriage: any shipment prohibited by law; original works of art, antiques; bonds; coins of any kind; currency; currency equivalents; furs; fur clothing; gems or stones (cut or uncut); industrial diamonds; gold or silver; coined concentrates; jewelry (other than costume jewelry); pearls; precious metals; securities (negotiable); time sensitive written material (e.g. bids, contract proposals, etc. when the declared value exceeds $0.50 per pound); one-of-a-kind articles or models; prototypes; valuable rugs (i.e. Oriental rugs, Persian rugs) and prints or lithographs and household goods and/or personal effects when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece. On Target Professionals shall not be liable for any loss, damage, delay, liabilities, penalties or fines resulting from the transportation of any of the foregoing articles, however described or misdescribed in this shipping document, and no employee or agent of On Target Professionals has any authority to accept for transportation such articles or to waive the limitations herein contained. On Target Professionals retains the right to refuse any such shipment prior to acceptance. In the event On Target Professionals discovers after acceptance of a shipment that the shipment contains any of the herein mentioned articles, it reserves the right to refuse the shipment, or if already in transit, to refuse to deliver the shipment to the consignee. Shipper agrees to pay all expenses, freight charges, fines and penalties for said shipment. Shipper further agrees to indemnify and hold harmless On Target Professionals from any and all loss, damage, delay, liabilities, penalties or fines of whatsoever nature arising out of or related in any way to said shipment. 8. In accordance with the Transportation Security Administration (TSA), shipper, consignee and bill-to parties authorizes consent to screen all cargo tendered to On Target Professionals or authorized agents. 9. Shipper and consignee shall hold On Target Professionals and its agents harmless for loss / damage / delay or any monetary losses which are a result of auxiliary services including, but not limited to, local cartage, crating, uncrating, packing, warehousing, and unpacking, which are requested by the shipper or consignee and arranged by On Target Professionals as a customer service. Such limitation of liability shall extend to the selection by On Target Professionals of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by On Target Professionals. Providers of auxiliary services are contractors for the shippers or consignee and are not agents for On Target Professionals. NOTE: Under no circumstances will the liability of On Target Professionals for any monetary loss which is a result of any auxiliary services performed by On Target Professionals or is agents be greater than the liability contained in this contract. 10. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater. 11. The Shipper, the Consignee and the Bill to Party shall be jointly and separately liable for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify On Target Professionals for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by On Target Professionals by reason of any violation of this contract or any other default of the shipper or consignee or their agents. On Target Professionals shall have a general lien on any and all property within their care, custody and control for charges and expenses advanced by On Target Professionals. On Target Professionals may refuse to surrender possession of the goods until such charges are paid. Should On Target Professionals bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, On Target Professionals shall be entitled to reasonable attorney fees and costs. 12. Confidentiality - The shipper, receiver, bill to party and all other parties entitled access to this information will hold all information as proprietary and confidential. This information includes but is not limited to pricing, web tools, documents, process, procedures, agents and employees. These specific terms covered under item 12 of this agreement will remain in effect of 2 years after termination with the exception of items deemed as trade secrets which will remain in effect so long as these items remain trade secrets. These terms are governed in the Federal or State courts of Minnesota. Additionally, this agreement does not constitute a partnership, relationship or joint venture. 13. Partner is responsible for payment of all shipments made under their assigned Partner account number. All invoices not paid within terms will be subject to late payment fees until paid in full. 14. If this is an international shipment, a.) Rules as established by the Warsaw Convention and Montreal Protocol 4 shall apply b.) tariff rules and regulations shall apply to any shipment or portion of any shipment which is not governed by the Warsaw Convention, c.) accepts this shipping document as a shipper's letter of instruction with authorization to prepare and sign on shipper's behalf an international shipping document, d.) 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 and, e.) a shipper may avoid the applicable limitation of liability for loss or damage by declaring on the face of this shipping document the actual value of the shipment and by paying the applicable excess value charge as set forth in Section 6 above. 15. Collect on Delivery (C.O.D.) service is provided under the following conditions: a.) shipper must identify the shipment as a C.O.D. shipment in the Special Instructions box on the front of this shipping document and by entering the amount to be collected in the C.O.D. Amount box on the front of this shipping document; b.) shipper must specify the type of payment to be received (e.g., check, money order or cashier's check) in the special Instructions box on the front of this shipping document (no cash allowed); c.) each shipping container must be clearly marked C.O.D. and the amount to be collected must be marked on the side of the container containing the address label; and d.) On Target Professionals and shipper agree that On Target Professionals does not guarantee or verify that a check, money order, cashier's check or other such financial instrument is valid or negotiable. All payments are collected at shipper's risk. 16. On Target Professionals shall have the right to: a.) substitute alternate carriers or other means of transportation and b.) select the routing or deviate from that shown on the face hereof, provided, however, that no substitution, rerouting or deviation affects the requested delivery commitment. 17. Where On Target Professionals is not the Shipper and Partner is utilizing direct small parcel services or On Target Professionals Freight Broker services the following additional terms apply: a. Partner agrees to be bound by the terms of the carrier utilized. These terms can be found on utilized carriers' website or on the back of carriers' airbill. b. Partner agrees to be billed for services from On Target Professionals and to pay additional penalties assessed by carrier for non payment of services. c. Partner agrees to payment of additional charges assessed by carrier as a result of corrections, modifications, changes or any other reason. In these events, On Target Professionals will work on Partners behalf to overturn any inaccurate charges, however, all charges must be paid in full on due date per carriers terms. Any credits will be provided once and if resolved. 18. If any provisions in this agreement are found to be unenforceable, that portion will be enforced to the maximum allowable by law and all other portions will not be affected. Any portion that has been waived pursuant to court order does not affect the same portion on other agreements or occasions. |
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