Terms and ConditionsLINK LOGISTICS SOLUTIONS, INC TERMS AND CONDITIONS OF CONTRACT

Introduction

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.

SERVICES

Pick up and/or Delivery for Air Transportation

Domestic expedited transportation provided indirectly through forwarding services by authorized indirect air carrier (airfreight forwarder) service following the guidelines of the Transportation Security Administration.
International air transportation provided indirectly through forwarding services by authorized indirect air carrier (airfreight forwarder) service following the guidelines of International Air Transport Association (“IATA”) and prior, subsequent or substituted movements by motor carrier pursuant to 49 USC § 13506(a)(8)(B).

Warehousing and Special Services

Warehousing: Provided by a warehouseman issuing a receipt for product received.
Special Services: Including but not limited to assembly service, distribution service, signature service, delivery reports, storage, over-packing, and auxiliary services.

ARRANGEMENT AND PROVISION OF SERVICES

The arrangement of services and the provision of services are two distinct responsibilities with distinct areas of liability as outlined below:

Arrangement of Services

The arrangement of services allows a service offering through a single source that provides the following functions:

The acceptance of a request for service;
The determination of the appropriate mode of service with a recommendation as to the method to the entity requesting service;
The solicitation, negotiation and securement of rates and services for the benefit of the entity requesting service;
The compilation of all costs of service, payment of all costs to carriers and the documentation of the service provided;
The invoicing to and collection of all services from the entity requesting service, soliciting any requested credit and accepting the obligation for the payment of the service provided; and
The facilitation of any claim filing by the entity requesting service or the entity having the right to file a claim and resolve that claim.

Provision of Services

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:

The responsibility for product received;
The responsibility for all claims subject to the terms applicable thereto in the Tariff;
The exclusive liability (excluding any liability for any such claim on the part of the entity arranging transportation), if any, for all claims subject to the terms applicable thereto in the Tariff; and
The service responsibility includes motor vehicle, rail vehicle, ocean vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of property, and services related to arranging for, receipt, delivery, transfer in transit, protection of shipment, storage, handling, packing, unpacking, and interchange of all property on a shipment.

CLAIMS MANAGEMENT

LINK shall provide claims coordination services to all entities for whom it arranges transportation and warehousing, by:

Accepting claims as an accommodation and not as a responsible entity to the shipper or other similar claiming entity;
Relaying information to/from any applicable party in an effort to expedite and resolve the claim;

GENERAL

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.

Liability & Documentation

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.

Restricted Articles, Hazardous & Dangerous Goods

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.

Warehousing Limitation of Damages

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.

Auxiliary Services

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.

PAYMENT OF CHARGES

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.

Late Payment & Collections

Invoices unpaid 30 days from billing may be subject to an additional charge at 1½% per month or the highest rate permitted by law, whichever is greater.
Invoices unpaid 60 days may be subject to the same additional charge and may forfeit discounts; LINK reserves the right to re-rate unpaid shipments exceeding 60 days based on LINK’s Regular Tariff or published ground rates.
If collection agents/attorneys are engaged, the shipper/entity agrees to pay reasonable costs including professional fees and costs, 25% of the balance due or a flat fee of $200.00 (whichever is greatest), plus costs. Exclusive jurisdiction shall be before the courts of California, venue within Los Angeles County.
LINK shall have a lien on goods for failure to pay charges and may refuse to surrender possession until charges are paid.

CREDIT TERMS

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.

LIABILITY FOR CHARGES

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.

FUEL AND SECURITY SURCHARGE

LINK reserves the right to assess a fuel or security surcharge on applicable shipments. A current schedule of Fuel Surcharges is available upon request.

SHIPPER’S INTEREST INSURANCE

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.

GENERAL CLAIMS 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.

CLAIM PROCEDURES

All claims must follow the procedures below. Failure to comply will result in claim denial.

All overcharge claims must be submitted in writing within 180 days following acceptance of freight for transportation. LINK holds no liability for overcharge claims for shipments whose charges were unpaid within 30 days of invoice.
Annotations of damage/loss on delivery receipt DOES NOT qualify as notice. A written notice of intent to file must be filed within time limits below.
Obvious damage/loss annotated on delivery receipt must be reported within 30 calendar days following delivery.
Shipments lost in their entirety must be reported within 30 calendar days of the ship date.
All goods must be retained for inspection at delivery site for 15 days following notification. Goods must be retained in original shipping container with packing materials for inspection. Failure to allow inspection within 15 days (or provide a written waiver) forfeits inspection privilege.
All formal claims for cargo loss/damage must be submitted in writing using a Standard Form of Presentation of Loss and Damage Claims and must be received within 9 months of delivery. Include complete shipper/consignee information, tracking numbers, date of shipment, weights, piece counts, cost invoices, repair estimates, or statements why repairs cannot be made, purchase orders, appraisals, or other verifiable records. Filing suit does not constitute compliance with the claim provisions.

LIABILITY NOT ASSUMED

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.

LIMITATIONS OF LEGAL ACTIONS

The right to damages arising from services pursuant to these Rules shall be extinguished unless action is brought within two years of the date service was completed or should have been completed.
The right to damages shall be extinguished unless the claimant has complied with all applicable notice periods in these Rules and Regulations.
By utilizing the Tariff, parties acknowledge sufficient contacts with California to vest jurisdiction there, waive objection to exclusive California jurisdiction, agree to venue in Los Angeles County, waive jury trial rights, and agree not to raise defenses based on venue or jurisdiction. Parties shall indemnify LINK for costs if such jurisdiction/venue are contested unsuccessfully.
Each dispute shall be decided on an individual basis and will not be consolidated in class actions. Parties agree not to sue as class plaintiffs, join as class members, or participate in class lawsuits related to the Tariff or services provided.

Issued By:
LINK Logistics Solutions, Inc — 220 W. Victoria St. — Rancho Dominguez, CA 90220 — http://www.linklogisticslax.com