Terms and Conditions

STAT Freight Systems, Inc.
Terms and Conditions

1. Definitions.  “Forwarder” means STAT Freight Systems, Inc.  “Carrier” includes Forwarder and all freight carriers that transport goods hereunder or perform any other service related to such carriage.  “Shipper” means you and any consignee. 
2. Forwarder’s Services.  Shipper agrees to retain Forwarder to arrange for the transportation of Shipper’s goods as set forth on this waybill.  Forwarder may, in its sole and absolute discretion, determine the means, route and procedure to be followed in the handling, storage and transportation of Shippers’ goods, regardless of anything to the contrary on the waybill.  Any shipment to be performed under this Contract by more than one carrier shall be deemed a single shipment.
3. Shipper’s Representations.  (a) Shipper’s goods to be transported pursuant to this Contract have been packed properly, and do not pose a risk to safety or property; (b) Shipper’s goods do not contain any hazardous substance as that term is commonly defined under applicable federal and/or state law; (c) Shipper has adequate cargo, property and liability insurance covering its goods and this shipment; (d) Shipper has complied with all applicable laws and regulations; and (e) no other freight forwarder or broker has been retained by Shipper in connection with this shipment. 
4. Fees; Late Charges; Interest.  The shipper and its consignee, if any, shall be jointly and severally liable for all transportation-related charges hereunder.  Shipper agrees to grant Forwarder a lien on the shipment for all amounts payable to the Forwarder, including any previous shipments.  In the event recipient fails to pay “collect” freight charges, Shipper will be responsible for all applicable charges.  Shipper agrees to pay promptly to Forwarder any and all applicable charges hereunder.  Our invoices are due upon receipt.  Shipper acknowledges that late payments of any amounts due to Forwarder will cause Forwarder to incur costs not contemplated hereunder, the exact amount of which will be extremely difficult to ascertain.  Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Forwarder by the Carrier and other third party vendors.  Accordingly, if any amount due shall not be received by Forwarder within fifteen (15) days after such amount shall be due, Shipper shall pay to Forwarder a late charge equal to ten percent (10%) of such overdue amount ("Late Charge").  The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Forwarder will incur by reason of late payments by Shipper.  In addition, if an invoice is not paid when due, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the invoice.  All such amounts due but unpaid shall bear interest from the due date at the greater of 1 1/2% per month or the maximum rate allowed by law.
5. No Warranty.  Shipper acknowledges that Forwarder does not guarantee to complete the shipment in any specific timeframe and that the Forwarder may without notice substitute alternate carriers or modes of transportation or routes. 
6. International Carriage.  International air carriage is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as may be amended from time to time.
7. Power of Attorney.   Shipper appoints Forwarder as its attorney-in-fact to act on its behalf in any lawful way and to execute on its behalf all necessary documents, in connection with the shipment contemplated under this Contract. 
8. Indemnity.  Shipper agrees to defend Forwarder (by counsel satisfactory to Forwarder) and to indemnify Forwarder and hold Forwarder harmless from and against any claim, demand, cause of action, delay, liability or expense (including attorneys’ fees and costs) asserted against or incurred by Forwarder in connection with its services hereunder and Shipper’s breach of any representation, warranty or covenant contained in this Contract.
9. Limitation of Liability. 
1. Unless Shipper declares a higher value for carriage in advance of shipment, Forwarder’s liability to Shipper is limited to the higher of either $50.00 per shipment or 50 cents per pound per piece of cargo lost, damaged, improperly delivered, or otherwise adversely affected, but in no event shall Forwarder’s liability exceed the actual replacement value of the goods.
2. Declared value charge will be calculated at a rate of .85 cents per $100.00 of declared value or fraction thereof. 
3. SHIPMENTS INCLUDING DECLARED VALUE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM FORWARDER’S EXECUTIVE MANAGEMENT IN ORDER TO OBTAIN COVERAGE. 
4. Forwarder will not be liable for concealed loss/damage claims on shipments consisting of used medical, scientific, electrical, telephone, computer, or other sensitive machinery. 
10. Claims Procedures. 
1. Overcharge claims must be received in writing within one (1) year after the date of acceptance of the shipment by the consignee or other recipient. 
2. Notifications of all other claims (except concealed loss/damage claims) must be received in writing within 120 calendar days after acceptance of the shipment by consignee or other recipient.
3. Concealed loss/damage claims (I.e., claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by Forwarder within twelve (12) days after delivery, or if perishables, verbally within 48 hours. The Forwarder shall have the right to make an inspection of the shipment, its container(s) and packing material(s) within twelve (12) calendar days of such complaint. All claims must be perfected within six (6) months of notification. 
4. Except as provided in paragraph (c) above, acceptance of the shipment by the recipient without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment was delivered in good condition. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee must inspect the content of the shipping containers before consignee signs for the shipment on the delivery receipt. Note: Notations such as “subject to inspection” are not exceptions. 
5. All applicable charges must be paid in full to Forwarder as due, and prior to the pursuit of any claim. 
6. Only the lawful owner of the goods in question may file a claim for loss or damage of a shipment. 
7. All claims for loss of damage must be reported in writing, within the time limits set forth herein, to:

                                                                STAT Freight Systems, Inc.
2973 Harbor Blvd, Suite 465
Costa Mesa, California 92626                                                        

1. All claims determined by Forwarder to require further clarification or supporting documentation must be perfected within three (3) months of Forwarder’s request unless the claimant in writing to the Forwarder requests an extension and approval is granted in writing by the Forwarder. 
2. Shipper shall have six (6) months to file suit on claims denied in whole or in part by the Forwarder. 
• Arbitration.  Unless contrary to applicable law, the parties agree to submit all controversies, claims and matters of difference arising out of or relating to this Contract and to Forwarder’s services to arbitration in Orange County, California.
• Attorney’s Fees.  The prevailing party in any arbitration or other court proceeding shall be awarded its reasonable costs and attorneys' fees incurred in connection with the dispute.
• Independent Contractor.  Forwarder is, and at all times while acting under this Contract shall be, an independent contractor.  Nothing contained herein shall be construed to make Forwarder a partner, joint venturer, or employee of the Shipper, or cause the Forwarder to be liable for any obligation of Shipper. 
• Force Majeure.  Notwithstanding anything to the contrary in this Contract, Forwarder shall not be liable for any failure of performance or loss or damage due to anything reasonably beyond its control, including but not limited to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, regulations or controls, judicial orders, enemy or hostile action, civil commotion, fire or other casualty. 
• Entire Agreement.  This Contract contains the complete understanding and agreement of the parties and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to Forwarder’s services.  Any waiver, modification or amendment of any provision of this Contract will be effective only if in writing and signed by an executive officer of Forwarder. In the event that shipment is tendered to Forwarder on a straight bill of lading or other shipping document, Forwarder’s Contract, rules and regulations will supersede any terms or conditions contained on any other shipping documents.
• Severability.  In the event that any provision of this Contract shall be adjudicated to be void, illegal, invalid, or unenforceable, the remaining terms and provisions shall not be affected thereby, and each of such remaining terms and provisions of this Contract shall be valid and enforceable to the fullest extent permitted by law.
• Waiver.  No waiver of any provision of this Contract shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver.
• Governing Law; Jurisdiction.  This Contract shall be governed by, and construed in accordance with, the laws of the State of California as applied to agreements made in California, without regard to choice of law principles.  Each party consents to jurisdiction and service of process within California for any action or proceeding arising under this Contract, and venue in any such proceeding will lie in Orange County, California.

 

 





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