Terms and Conditions of Contract
- As used in this contract. “RoadeEx” means RoadEx America. Inc, RoadEx CY Inc, and RoadEx Cargo Services Inc. and its authorized agents.
- In tendering the shipment for carriage, the shipper agrees to these Conditions of Contract. Which no agent or employee of RoadEx is authorized to waive or modify. The shipper also acknowledges that this bill of lading is non-negotiable and has been prepared by the shipper or on the shipper’s behalf by RoadEx. The conditions of contract of carriage for this shipment are governed by RoadEx’s tariffs. Available for inspection at RoadEx Corporate office. Except to the extent of any written contract between shipper and RoadEx. This Document supersedes and negates any claimed, alleged or asserted oral agreement, promise representation or understanding between the parties with respect to this shipment.
- Shipper warrants that each package in this shipment is packaged to protect the enclosed goods and to insure safe transportation with ordinary care in handling, and that each package is appropriately labeled and is in good order for carriage.
- All shipments may at RoadEx’s option be opened and inspected: however, RoadEx is not obligated to perform such inspection
- RoadEx shall not be liable for loss, damage, delay or other result caused by (1) acts of god, public enemies, public authorities acting with actual or apparent authority, authority if law, quarantine, riots, strikers civil commotion, or hazards or dangers incident to a state of war. (2) The act of the default of the shipper or consignee, including any breach of the warranty set forth in paragraph 3. (3) The Nature of the shipment or any defect characteristic or inherent vice thereof. (4) Violation by the shipper or consignee of any of these Conditions of Contract. (5) Compliance or non-compliance with delivery or special instruction.
- RoadEx does not guarantee pick up, transportation, or delivery will occur within a specific date or time. Nor shall RoadEx be liable for the consequences of failure to do so.
- RoadEx shall have the right to (1) substitute alternative carriers or other means of transportation and (2) Select the routing or deviate from that shown on the face hereof
- Roadex shall not be liable in any event for any special incidental or consequential damages including but not limited to loss of profits, income interest, utility or loss of market, whether or not toadex had knowledge that such damage might be incurred.
- Unless a greater value is declared on the reverse, the shipper, consignee and bill to party agrees and declares that the value of the property of released to an amount not exceeding a minimum of $50.00 (dollars U.S.) per shipment or $0.50 per pound (cent U.S.) includes trans boarder Canadian shipments. Declared values for carriage in excess of $0.50 per pound per piece, shall be subject to an excess valuation charge.
- Unless each piece of the shipment has a declared value stated and is specifically identified on the RoadEx bill at the time of shipment and is so identified on the delivery receipt as being lost, damaged, destroyed or otherwise adversely affected at the time of delivery. RoadEx shall be liable for the average declared value of the shipment. Multiplied by the packaged weight of the piece(s) adversely affected the average declared value shall be determined by dividing the total declared value of the shipment by the total weight of the shipment. The declared value amount for each shipment must be inserted on the face of air bill for this provision to apply.
- Consignee must note on the delivery receipt at the time of delivery any exceptions to the shipment that would indicate an overage, shortage, damage or other discrepancy. The consignee may not inspect the contents of shipment until the delivery receipt is signed. A clear delivery receipt shall be evidence of shipment having received ordinary care in handling. Failure to note exceptions at the time of delivery will reduce the liability of RoadEx.
- Collect on Delivery (C.O.D) Shipper is responsible for stating amount and type of payment to be collected in the appropriate boxes on the face of this bill. RoadEx does not guarantee nor verify that a check money order, cashier’s check or other instrument is valid or negotiable. All Payments collected are at shipper’s risk. Unless otherwise noted on the face of air bill in Declared Value box, the C.O.D amount of the shipment will also be considered as the declared value for carriage amount and subject to excess valuation charge and C.O.D fee.
- Claims for loss or damage discovered by the consignee after delivery and after a clear delivery receipt has been given to RoadEx must be reported in writing to RoadEx within fifteen days after delivery of a shipment with privilege to RoadEx to inspect the shipment and its original container(s) and packing material within fifteen days after receipt of such notice.
- Claims for loss, damage, or delay must be made in writing and received by RoadEx within 180 days from ship date for visible damage, shortage, pilferage or non-delivery. For claims involving concealed loss pilferage or damage, letter of intent to file claim must be received with 15 days of delivery with a formal claim received within 45 days of ship date.
- RoadEx shall not be liable for loss or damage occurring after the property has been delivered to or received by the consignee or shipper or authorized agent of either. When directed to unload or deliver property shall be at the risk of the shipper. After unloading or delivery.
- No claim of loss, damage or delay shall be entertained until all charges thereon are pain. The amount of claims may not be deducted from transportation charges.
- RoadEx shall not be liable in any action unless claim has been filed in accordance with the paragraphs 13 and 14 and such action is brought within one year after the date written notice was given to the claimant that RoadEx has disallowed the claim in full or in part.
- DANGEROUS GOODS. Any Party, directly or indirectly tendering to RoadEx, any explosives or dangerous goods, or corrosive chemicals, without pervious full written disclosure to RoadeEx and stating nature of goods on face of bill of lading. Shall be liable for and indemnify RoadEx against all loss or damage caused by such goods. Goods may be warehoused at shipper’s risk and expense, or destroyed without compensation. Cost of disposal will be to shipper.
- To the extent that it is not governed by Federal Law. This contract and the tariff incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the Laws of California. If any provision of this contract is determined to be invalid or unenforceable, the remainder of the contract shall not be affected there by; all interstate shipments are governed by 49 U.S.C Section 14706.
- Shipper, consignee and bill to party are jointly and severally liable for all charges related to this shipment charges may be reversed to the responsible parties if shipment is refused or payment not made by the originally designated party.
- Shipper Consignee and bill to party agree to pay all reasonable legal and/or collection fees incurred by RoadEx in securing payment of all charges related to this shipment.
- LIEN NOTICE. The shipper’s failure to pay billed charges may result in a lien on future shipment. RoadEx shall have a lien on freight in its possession or on future shipments of freightage, charges for services and advances due on freight previously delivered upon promise of the shipper to pay freightage. Charges and advances the lien shall include billed freight charges, cost of storage and appropriate security for the subsequent shipment held by RoadEx. The lien shall include the cost of keeping and selling the property, including publication costs. Collection service and attorney fees incurred in order to comply in order to comply with California Civil Code Sections 3051.5 and 3052. The proceeds of the sale shall be applied to the discharge of the lien. The remainder if any must be paid over to the legal owner of the property. The shipper shall remain liable for any deficiency; If RoadEx is not paid in full within ten (10) days, after providing written notice to the shipper and consignee that their freight is being held pursuant to a possessory lien. Then RoadEx may proceed to sell such property, Provided that no sale of the property may take place for at least thirty-five (35) days from the date that possession of the property is delivered to RoadEx.
- LATE PAYMENT PENALTY In the even that shipper or third party billing payer does not pay this invoice within thirty (30) days a late penalty of 1.5% per month shall be imposed starting thirty (30) days after the date of invoice and accruing until paid.
- ATTORNEY’S FEES in the event that any dispute between RoadEx and any other party to the shipment described on this document, the prevailing party is entitled to attorney’s fees. Litigation and court costs and collection of costs, In the even that RoadEx exercises a possessory lien, the shipper, consignor or third party billing payer shall also pay for RoadEx’s attorney’s fees incurred in connection with the possessory lien, even if prior to litigation.
- DISCOUNTED RATE. The rate provided to the customer is a discounted rate, valid for only thirty (30) days after the date of shipment. Timely payment is a precondition of this discounted rate. Failure to pay for this shipment shall result in the full, non-discounted rate is 40% more than the discounted rate.
- FORUM JURISDICTION AND VENUE SHALL BE EXCLUSIVELY IN LOS ANGELES COUNTY, CALIFORNIA FOR ALL PROCEDDINGS.
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Classic Brands LLC has a long standing relationship with RoadEx America Inc. Our business fluctuates dramatically throughout the year, so we require a partner that can scale to meet our needs quickly and efficiently. RoadEx has consistently met that challenge and always provides the highest level of customer service. We highly recommend their services if you are in the market for a full service port supply chain solution.
Classic Brands, LLC, West Coast Distribution Center Manager
The RoadEx team provides seamless end-to-end trucking services. When I send over a delivery order, I never have to think twice. Their team is capable, professional, and available whenever I need them. They have always been, and will be, my go-to for complex multimodal deliveries. Air, ocean, warehousing, you name it, RoadEx does it better than anyone else.
Trucking Team Manager, Flexport International
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What We Provide
RoadEx, having the reputation of being a reliable and dependable company have built networks and partnerships with larger carriers that offers cost effective means for Interstate shipment deliveries at which RoadEx will pass on the cost savings to Customers. Whether RoadEx delivers with own fleet, or partners, RoadEx offers the right Interstate Solutions.