Terms of use
Terms of use
The entire agreement between Bad Birdie Transportation (“driver or Carrier”) and the enrolled customer, shipper and/or consignee, as the case may be (“Customer”), consists of: (i) the terms on any quote prepared by Customer or Broker for Customer, (ii) these Terms and Conditions of Transportation Services, and (iii) any additional terms and conditions proposed by Driver in writing and signed by Customer ((i) through (iii) collectively, the “Agreement”). The Agreement shall become binding when accepted by Customer. These Terms and Conditions of Transportation Services shall apply to all shipments scheduled by Customer and may be amended from time to time by Broker (if applicable), in its sole discretion. Any terms and conditions proposed by Customer which are additional to or inconsistent with the terms and conditions contained in the Agreement shall be void, unless specifically agreed to by Driver in writing, signed by Driver’s duly authorized representative (if applicable).
1.) Transportation Documents Each shipment under this Agreement shall be evidenced by one or more transportation documents, which may include, but not be limited to, bills of lading, air waybills, ocean bills of lading, warehouse receipts manifests or any other documents purporting to control the custody and/or movement of the Goods (collectively, the “Transportation Documents”), showing the kind, quantity and condition of the Goods received and delivered by Broker or its subcontractors at the loading and unloading points, respectively. In the case of a conflict with any term or condition of this Agreement, the Transportation Document or the carrier’s General Rules Tariff, the carrier’s General Rules Tariffs shall take precedence and govern, then the Transportation Document, then this Agreement – in that order of priority. If a shipment originated outside the United States, the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment.
2.) Limitations of Liability The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The Broker is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the carrier. The Broker is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. The Carrier is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the provisions of the Transportation Document or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Broker is not liable for losses, mis-delivery or non-delivery caused by events of Force Majeure (defined in Section 3 below). The Broker is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of the Broker. THE CARRIER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES PERFORMED HEREUNDER. THE BROKER CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE BROKER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE BROKER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
3.) Force Majeure Any delay or failure of performance of Carrier under these Terms and Conditions of Transportation Services shall not constitute a breach or default hereof or of any Transportation Document, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the reasonable control of the Broker, including, but not limited to, acts of God, acts of governmental authorities, public enemies, acts or omissions of Customs or quarantine officials, war, riots, rebellions, strikes, sabotage, fire, explosions, accidents, floods, strikes, lockouts, labor disputes, weather conditions, mechanical delay or failure of aircraft or other equipment, the discovery of materially different site conditions, or changes in laws, regulations, or ordinances.
4.) Non-Exclusivity Customer understands and agrees that this Agreement is non-exclusive and that Carrier shall be free to provide similar services to companies other than Customer and that Customer shall be free to utilize logistics services from companies other than Carrier provided that these actions do not interfere with the parties’ ability to perform under this Agreement.