Agreement to Terms
In tendering the shipment to US which no agent or employee of Pillow Logistics may alter. Shipper also agrees to these terms and conditions on behalf of any third party with an interest in the shipment. BOL’s may be prepared by the Shipper or by Pillow Logistics with the Shipper’s authority and on its behalf.
Pillow Logistics will provide transportation services as requested by Shipper and will arrange for air and/or surface transportation as required. Pillow Logistics reserves the right to use agents or other third parties to fulfill these services.
Payment for Services
Payment is due net 30 days when the Shipper has an established account. Shipper must have established an account with Pillow Logistics prior to pick-up. Rates and quotes provided by Pillow Logistics employees and agents are based upon information provided by Shipper. Final rates may vary based upon actual shipment size, weight and services rendered. Shipper will always be primarily responsible for shipping costs, despite any alternate payment instructions, as well as any cost incurred in either returning the shipment or warehousing it pending disposition.
Shipment Weight and Inspection.
All shipments tendered to Pillow Logistics are subject to re-weighing and recalculation of charges based upon such re-weighing. Increments over one pound are rounded to the next pound. All shipments are subject to inspection by Pillow Logistics or government officials at its discretion without notice.
Shipper is responsible for adequately preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary handling. Shipper must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments. Shipper is responsible for any errors in completing the BOL’s that may result in additional billing, including, but not limited to incorrect addresses, incorrect weight information and incorrect pick-up or delivery times. If Shipper communicates to Pillow Logistics that no delivery signature by recipient is required, Pillow Logistics shall not be responsible for any loss that occurs after the delivery of the shipment.
Right of Refusal
Pillow Logistics reserves the right to refuse or reject any shipment and may do so in its sole discretion and without liability. Pillow Logistics may exercise this right at any time, and includes situations (among others) when a shipment may cause damage to or delay other shipments, property or personnel; is likely to sustain damage or loss in transit due to improper packaging; contains prohibited items; the account of Shipper is not in good standing; or when acceptance of a shipment may jeopardize Pillow Logistics’ ability to provide service to other customers.
Pillow Logistics will hold undeliverable shipments and will notify Shipper. If Shipper cannot be notified, the shipment will be held for 30 days after the attempted delivery date. After 30 days, the shipment will be disposed of at Pillow Logistics’ discretion. Shipper will be responsible for all transportation, delivery attempts, storage and disposal charges.
Limitation on Liability and Liabilities Not Assumed
Unless Shipper declares a higher shipment valuation and pays an additional fee, Pillow Logistics’ liability for any loss, damage or delay to, or involving, a domestic shipment (which shall include all documents or packages consigned to Pillow Logistics under a single BOL) is limited to the lesser of $100.00 (U.S.) or the actual value of the shipment. Pillow Logistics reserves the right to use subcontractors in the transportation of Shipper’s shipment. Any exclusion or limitation of liability applicable to Pillow Logistics shall apply to Pillow Logistics’ agents, subcontractors and employees and to any person whose equipment is used in the transportation of the shipment.
Pillow Logistics shall not be liable for loss, damage, delay or other result caused by any circumstances beyond the control of Pillow Logistics, including, but not limited to, weather, governmental action, mechanical delays, acts of God, strikes or labor disturbances, civil commotion, war, terrorism, fuel shortages, any act or default of Shipper or consignee, inherent vice or defect of the shipment, or violation by Shipper or consignee of any of these Terms and Conditions.
PILLOW LOGISTICS WILL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT PILLOW LOGISTICS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
All Claims for lost or damaged shipments must be made in writing and received by Pillow Logistics at its offices located at 5128 W. 79th St, Indianapolis, IN 46268 within 10 days after the date of acceptance of the shipment from Pillow Logistics. Any damaged shipment and its original packing material must be made available to Pillow Logistics for inspection at the delivery location shown on the Waybill. Pillow Logistics is not obligated to act on any claim until Shipper has paid all charges related to such shipment. The amount claimed cannot be deducted from outstanding charges related to shipments transported under this or any other Waybill. Shipper is responsible for providing adequate documentation to support the actual or declared value of the loss.
Choice of Law
These terms and conditions shall be interpreted and enforced according to the laws of the State of Indiana or applicable federal law.