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The Shipper agrees that carriage and other services performed hereunder are subject to these conditions AND to the rates, rules, and classifications set forth in LINK Logistics Solutions, Inc. (LINK) recently effective Rules and Regulations Tariff (herein referred to as “Tariff”), service guide, or supplement, which are available for inspection and incorporated into this contract by reference. LINK Rules and Regulations Tariff is available to the public for review via the Internet at www.linklogisticslax.com. The below is a summary of certain portions of LINK’s Rules and Regulations Tariff.
The arrangement of services and the provision of services are two distinct responsibilities with distinct areas of liability as outlined below:
The arrangement of services allows a service offering through a single source that provides the following functions:
The provision of services includes assumption of responsibility for the services performed, and the risks incidental to the service performed including, but not limited to, the following:
LINK shall provide claims coordination services to all entities for whom it arranges transportation and warehousing, by:
The Rules and Regulations Tariff explains LINK services. Exceptions to any of the items in this publication will be noted in customer specific pricing agreements, statements of agreed pricing or contracts that apply for individual customers.
Waiver of Provisions: Failure on the part of LINK in any or more than one instance, to insist upon the performance of any terms, covenants, or conditions of these Rules and Regulations, or to exercise any right or privilege contained within these Rules and Regulations, or the waiver by LINK of any breach of any other terms, covenants, or conditions of these Rules and Regulations shall not be construed as waiving any such terms, covenants, conditions, rights or privileges. Each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.
LINK reserves the right to modify, amend or supplement the rates, features of service, services, terms and conditions and Tariff to all customers without notice and will secure concomitantly an adoption. All modifications, amendments or supplements may only be authorized by the President of LINK and no other agent or employee of LINK is authorized to do so.
To the extent that conflict or inconsistency exists between these Rules and Regulations and the terms or conditions of any bill of lading, manifest, stamp, shipping label or other documentation, the Rules and Regulations Tariff, as amended, modified, changed, or supplemented, will control as between a shipper, entity requesting service, third party, LINK and any involved.
Rates and service quotations by LINK’s employees and agents will be based upon information provided by the entity requesting service, but final rates and service will be based upon product actually received and the application of the Rules and Regulations herein.
LINK encourages its customers to review this publication as items are subject to limitations of liability, released value or other requirements, which may relate directly to your shipment. All shippers are further encouraged to evaluate their personal or corporate cargo insurance policies so they may ship their goods at the lowest possible rate while still being insured for full value.
Except as otherwise provided in Tariffs governed hereby, LINK assumes no obligation to arrange for the commencement of transportation of a shipment within a specified period. All transportation services will be provided within reasonable dispatch.
LINK reserves the right to arrange for the diversion of any shipment in order to facilitate delivery. Transportation charges will be the freight charges from origin to destination via the route and level of service requested on the bill of lading, transit documentation or other shipping memorandum.
The shipper, consignee, 3rd party, entity requesting service and/or beneficial owner will be liable, jointly and severally. In the event an ambiguity or question of intent or interpretation arises, the Tariff shall be construed as if drafted jointly by LINK and the other involved parties. Any references to statutes include rules and regulations promulgated thereunder.
Unless otherwise provided, requests for changes to service must be in writing. LINK will accept no oral modifications. The signature of LINK in any capacity on shipping documentation only acknowledges receipt of freight. Terms and Conditions of the Tariff shall always apply.
LINK makes no warranties—oral or written, express or implied—with respect to any services provided and its liability is limited as set forth herein. It is the responsibility of the shipper to ensure that a shipment tendered does not violate any federal, state or local laws or regulations applicable to the shipment.
Nothing in the Tariff shall require LINK to perform pickup or delivery service at any location from or to which it is impracticable. Proper packing of cargo for transportation is the responsibility of the shipper.
The shipper shall prepare and present a bill of lading or other form of freight receipt and may provide additional shipping documentation with each shipment tendered. Any inconsistent terms of the bill of lading or additional shipping documentation shall not apply if inconsistent with the Rules and Regulations of LINK.
Rates provided contemplate loading of the freight by the shipper and the unloading of the freight by the consignee, except when otherwise requested. At delivery, the consignee must note exceptions on shipping documentation for discrepancies or damage. Notations like “subject to inspection” or “subject to recount” are not exceptions.
LINK may, at its sole discretion, open and inspect any shipment without notice. The Transportation Security Administration (TSA) requires that all cargo tendered for air transportation is subject to screening; upon tendering, the shipper consents to screening including opening and inspection. LINK shall not be liable for delay due to inspection.
LINK’s general policy is NOT TO arrange Hazardous and Dangerous goods for transportation. LINK, under specific guidelines, accepts arrangement of certain restricted articles only with written authorization from LINK’s certified Hazardous Materials employee and advance arrangements. If LINK inadvertently arranges such a shipment without authorization, LINK will not accept liability and the shipper is responsible to reimburse LINK for expenses incurred.
The depositor declares that damages are limited to $0.50 per pound of lost or damaged product; such liability may be increased upon written request within 5 calendar days of receipt by the warehouseman, subject to additional monthly charge. Property stored has not been insured by the warehouseman for the benefit of the depositor against fire or any other casualty.
LINK is not liable for loss/damage/delay which is a direct result of auxiliary services performed by contractors for the shipper or consignee (e.g., crating, uncrating, crane or lift services, packing/unpacking) which are requested and arranged by LINK. This limitation extends to selection of contractors.
Except as provided in the Tariff exceptions, all charges are payable at the time of acceptance if the shipment is “prepaid” or at the time of delivery if the shipment is “collect”.
EXCEPTION: When LINK extends credit to the shipper or consignee, credit will be extended for a period of 30 days from the date of billing.
The invoice date begins the credit term cycle; payment is due within 30 days. Failure to keep account current may result in “cash only” status. Credit privileges will not be restored until all balances and collection costs are paid. LINK may decline to restore credit privileges even if balances are paid.
The shipper, consignee, 3rd party, beneficial owner, and entity requesting services are jointly and severally liable for all sums due to LINK. LINK will have a lien on cargo for sums due and may dispose of cargo after 30 days notice for non-payment and pay itself from sale proceeds.
Customs penalties, storage charges, or other expenses due to failure to provide proper Customs documentation will be charged to the consignee along with duty and tax. Shipper and other parties remain liable if consignee fails to pay.
If consignee refuses to pay duties/taxes to release shipment from Customs, LINK will contact the shipper who may elect to pay. If shipper refuses, shipment may be returned to shipper (if allowed), and shipper will be responsible for all related charges.
LINK reserves the right to assess a fuel or security surcharge on applicable shipments. A current schedule of Fuel Surcharges is available upon request.
LINK will arrange for Shipper’s Interest Insurance, when requested and if the shipment is an acceptable commodity. Insurance coverage is based on the open policy in effect on the shipment date. Cargo insurance is a contract between shipper and insurer; LINK accepts no responsibility for shipper/consignee failure to comply with insurance terms. Applicable premiums apply.
The amount of insurance requested is the responsibility of the requester. Insurance amount should equal value of shipment plus insurance, incurred duty and freight charges, plus 10%. Under-insurance reduces any payment proportionately. A premium per $100 of amount requested will be charged.
Advance arrangements required for insurance exceeding $50,000; no insurance will be accepted in excess of $100,000. Any amount requested above the maximum is null and void.
If shipper does not request or pay for insurance, the shipper assumes risk over standard limits of liability.
In absence of a greater declared/released value noted on the Bill of Lading at time of tender, the limits of liability set forth herein shall prevail as the maximum liability assumed.
If shipper desires value in excess of limits, it must declare it in writing on the Bill of Lading at tender and pay supplemental charges. LINK’s maximum liability shall not exceed $50,000 per shipment (inclusive of transportation cost) unless approved in writing in advance by LINK’s Director of Risk Management.
The declared/released value of any shipment represents the maximum liability for any loss, damage, delay, mis-delivery, non-delivery, misinformation, or failure to provide information. Shipper may transfer risk to an insurer. When Shipper’s Interest Insurance is requested, the amount requested represents the maximum liability. The shipper is responsible to prove actual damages.
In any freight claim, the minimum liability is $50.00 per shipment or the actual cost value of the shipment, whichever is less, inclusive of transportation cost.
All claims must follow the procedures below. Failure to comply will result in claim denial.
LINK will not be liable for, nor will any adjustment/refund/credit be given as a result of, any loss, delay, mis-delivery, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from information provided by shipper.
Issued By:
LINK Logistics Solutions, Inc — 220 W. Victoria St. — Rancho Dominguez, CA 90220
Delivering reliable and cost-effective logistics support to help businesses move smarter, faster, and safer.
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