DEFINITIONS: “Advanced Logistics” means Advanced Logistics, LLC, its subsidiaries, affiliated and related companies, and its agents, representatives and employees, both in the U.S. and overseas. “Customer” means the individual, corporation or other entity which has retained ADVANCED LOGISTICS to perform property brokerage Services, as well as all agents, representatives and subcontractors of said Individual, corporation or entity, including, but not limited to all shippers and consignees of the Shipment being transported, or the insurers thereof, and any other party claiming a right or interest in the Shipment. The Customer agrees to provide notice of these Terms and Conditions of Service to all parties falling within this definition of “Customer.” “Shipment” means the goods which are carried under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers, packages or pieces. “Third Parties” shall include, but not be limited to, the following: motor carriers, truckmen, cartmen, lightermen, freight forwarders, agents, warehousemen and others to which the Shipment is entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise.
Contract and Scope of Services: ADVANCED LOGISTICS is a licensed property broker operating under License No. MC-885064-B, which undertakes to arrange, as the “agent” on behalf of Customers, the interstate transportation of Shipments through Third Parties, from and to various origins and destinations throughout the United States, Canada and Mexico (the “Services”). Said Third Parties may limit their liability and may operate under terms and conditions further defining their rights, obligations, and defenses, and ADVANCED LOGISTICS is also authorized to agree to those terms on behalf of the Customer. As to all Services, ADVANCED LOGISTICS shall act as an independent contractor. None of the terms of this Agreement, or any act or omission of either Party shall be construed for any purpose to express or imply a joint venture, partnership, principal/agent, fiduciary, or employer/employee relationship between the Parties. Each Party shall provide sole supervisions and shall have exclusive control over the actions and operations of its employees, and agents used to perform its services hereunder. Neither Party has any right to control, discipline or direct the performance of any employees, or agents of the other Party. Neither Party shall represent to any party that it is anything other than an independent contractor in its relationship to the other Party.
Customer agrees that any insertion of ADVANCED LOGISTICS’s name as the carrier on a bill of lading shall be for Customer’s convenience only and shall not change ADVANCED LOGISTICS’s status as a property broker. All Services provided by ADVANCED LOGISTICS to Customer are governed by these Terms and Conditions of Service, as may be amended from time to time, which form a contract between ADVANCED LOGISTICS and the Customer. These Terms and Conditions of Service supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as stated herein. Copies of ADVANCED LOGISTICS’s most recent Terms and Conditions of Service may be obtained by contacting ADVANCED LOGISTICS and will be periodically updated on ADVANCED LOGISTICS’s website: www.advancedlogistics.us
Limited Liability: (a) ADVANCED LOGISTICS agrees to use reasonable care in the performance of Services, including the selection of the manner and means by which those Services will be performed, and in the selection of the Third Parties to whom the Shipment will be entrusted for transportation, handling, delivery, storage and related Services. However, ADVANCED LOGISTICS shall have no liability for any acts or omissions of Third Parties which may damage or delay the Customer’s Shipment, or cause other loss to the Customer and its interest in the Shipment, or for Shipments illegally obtained by unauthorized persons through identity theft and other fraudulent schemes. All claims in connection with the acts or omissions of a Third Party shall be brought solely against such Third Party and/or its insurer, and ADVANCED LOGISTICS has no liability for any failure of the Third Party or its insurer to pay such claims. ADVANCED LOGISTICS agrees to reasonably assist the Customer in bringing such claims against Third Parties; however, timely payment of ADVANCED LOGISTICS’s invoices to the Customer is a condition precedent to such assistance. ADVANCED LOGISTICS cannot assist with food damage claims without a USDA inspection report, salvage report, dumping receipt and commercial invoice.; (b) THE MAXIMUM LIABILITY OF ADVANCED LOGISTICS TO THE CUSTOMER FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND THE CUSTOMER’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO $50.00 PER SHIPMENT. EXCEPT AS MAY BE SET FORTH HEREIN, ADVANCED LOGISTICS MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ITS SERVICES. IN NO EVENT SHALL ADVANCED LOGISTICS BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED TO THE CUSTOMER, EVEN IF ADVANCED LOGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) In no case will the maximum liability of any Third Party for damages to a Shipment be greater than $100,000 (d) ADVANCED LOGISTICS SHALL HAVE NO LIABILITY TO CUSTOMER WITH RESPECT TO ANY PERSONAL INJURY OR DEATH CLAIMS ARISING OUT OF THE TRANSPORTATION, HANDLING, DELIVERY OR STORAGE OF CUSTOMER S SHIPMENTS BY THIRD PARTIES.
Insurance: Unless otherwise agreed in writing, ADVANCED LOGISTICS will select Third Parties which have certificates of insurance showing liability insurance coverage limits for loss or damage to cargo up to $100,000. In no event, however, shall ADVANCED LOGISTICS be responsible for any Third Party’s failure to actually maintain such insurance, for any exclusion from coverage which may apply, or for any fraudulent act by Third Parties or any other persons or entities presenting fraudulent or false information to ADVANCED LOGISTICS or the Customer. Upon request and for a separate charge, ADVANCED LOGISTICS can arrange first-party cargo insurance for the Customer’s Shipment. However, ADVANCED LOGISTICS is under no obligation to arrange such insurance unless it receives specific written instructions from the Customer to do so prior to transportation of the Shipment, and the Customer pays the required premium. The Customer agrees ADVANCED LOGISTICS assumes no agency role for the Customer in procuring such first-party cargo insurance coverage; such coverage shall be governed exclusively by the terms of the certificate of insurance coverage and policy issued by the insurance company to Customer; and the insurance company is solely responsible for the payment of insurance claims.
Credit: Payment terms and credit limits are subject to credit approval at the sole and absolute discretion of ADVANCED LOGISTICS, which shall be determined periodically and after submission of a Credit Application and may be revised if there is a change in Customer’s payment history or financial condition. Customer grants ADVANCED LOGISTICS the right to perform such credit history and background searches as ADVANCED LOGISTICS deems necessary and will submit a financial statement if requested.
Cash Collect Shipments: ADVANCED LOGISTICS can assist with Cash on Delivery (“C.O.D”) Shipments, but the Customer assumes the sole responsibility and liability for any failure of a consignee or bank to pay, and for any delay in the Shipment or loss to the Shipment that may result.
Payment of Services: Payment terms for all charges incurred for Services performed or arranged by ADVANCED LOGISTICS shall be net thirty (30) days from the date of the invoice issued by ADVANCED LOGISTICS, with the exception of any per diem, chassis use charges or other cash outlays upon the request of the Customer, which shall be payable upon receipt. Invoices submitted by ADVANCED LOGISTICS to Customer are deemed conclusively accepted and approved and fully payable on the terms contained therein unless disputed in writing by Customer within seven (7) business days of Customer’s receipt thereof. Any amount remaining unpaid after thirty (30) days shall accrue interest at a rate equal to the lesser of: (a) one and one-half percent (1.5%) per month; or (b) the highest rate allowed by law. ADVANCED LOGISTICS’s charges for the Services it performs are in addition to the charges of all Third Parties retained by ADVANCED LOGISTICS on the Customer’s behalf, which will be invoiced together. The Customer agrees to pay ADVANCED LOGISTICS’s invoices without reduction or deferment on account of any alleged claim, counterclaim or set-off it believes it has for cargo loss, damage or theft, and all charges therein shall be considered as earned by ADVANCED LOGISTICS at the moment the Shipment has commenced transportation. 7. Lien on Customer’s Goods. The Customer agrees that ADVANCED LOGISTICS has a general, contractual lien on all Shipments which are the subject of Services rendered by ADVANCED LOGISTICS while those Shipments are in possession of any Third Party for any accounts receivable owed by the Customer to ADVANCED LOGISTICS arising from the specific Shipment against which the lien is asserted, and/or arising from any previous Shipments. If ADVANCED LOGISTICS elects to hold any Shipment based on these lien rights, it will provide written notice of that election to the Customer, and Customer agrees ADVANCED LOGISTICS has the authority to direct Third Parties to hold shipments on the basis of these lien rights and to arrange unloading and storage at Customer’s expense. If the Customer fails to make payment arrangements or post security to ADVANCED LOGISTICS’s satisfaction within thirty days of such notice, ADVANCED LOGISTICS will have the right to sell the Shipment at private or public sale or auction, and will remit to the Customer any net proceeds after the sale which exceeds the total amount owed (including any accrued unloading, loading and storage charges). The Customer shall provide notice to any other parties having an interest in the Shipment of these lien rights and of any exercise of those rights by ADVANCED LOGISTICS.
Indemnification: The Customer agrees to indemnify, defend, and hold ADVANCED LOGISTICS harmless from and against any and all claims and/or liabilities, including, but not limited to attorney’s fees and costs, arising from the Customer’s acts or omissions In relation to the Shipment, and arising from the manner m which the Shipment was prepared and/or packed for Shipment.
Applicable Law, Venue and Time for Suit: These Terms and Conditions of Service shall be governed by New Jersey law, without the application of its conflict of laws principles, or by federal law where applicable. Any suit relating to this Agreement shall be instituted in a state or federal court in either Essex County, New Jersey. The parties irrevocably consent and waive all objections to the jurisdiction of any such court. A suit to enforce a judgment against the Customer may be filed in any jurisdiction where the Customer has assets. Any cause of action against ADVANCED LOGISTICS relating to or arising out of the Services ADVANCED LOGISTICS provides to the Customer will not be valid unless such action is commenced by the filing of a complaint in the required venue within one year of the date of the loss. ADVANCED LOGISTICS shall be entitled to recover its courts costs and reasonable attorney’s fees from the Customer in any action for collection of any payment due to ADVANCED LOGISTICS, or in any other action in which ADVANCED LOGISTICS prevails in the enforcement of these Terms and Conditions of Service.
Modification: No modification of Advanced Logistics Terms and Conditions of Service shall be of any force or effect unless (a) reduced to writing and signed by both ADVANCED LOGISTICS and the Customer prior to Shipment, and (b) expressly referred to as being a modification of these Terms and Conditions of Service.
Severability: The provisions set forth in these Terms and Conditions of Service are severable, and if any particular provision should be held invalid, unenforceable or illegal by a court having competent jurisdiction, the remainder of these Terms and Conditions shall not be affected and shall be construed as if such invalid, unenforceable or illegal provision(s) was (were) omitted. Rev. 03-20
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Advanced Logistics, LLC.
425 Eagle Rock Ave., Suite 400
Roseland, NJ 07068
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