Terms & Conditions
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 ALG Worldwide Logistics, LLC (ALGWW) recently effective Rules and Regulations Tariff ALGW1000 (herein referred to as “Tariff”), service guide, or supplement, which are available for inspection and incorporated into this contract by reference. ALGWW Rules and Regulations Tariff is available to the public for review via the Internet at www.algworldwide.com.
- 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).
- Surface Transportation:
- Freight Forwarding is provided using a motor carrier or rail carrier and assuming responsibility for the
transportation from the place of receipt to the place of destination.
- Motor Carriage is provided by a motor carrier for hire assuming responsibility for an origin to destination providing
responsibility for direct service or assuming responsibility indirectly on shipments of a freight forwarder, an indirect
air carrier, a non vessel ocean common carrier or a railroad transported intermodal shipment.
- Rail Intermodal transportation is arranged through the use of the combined intermodal services of railroads,
equipment providers, cartage companies and intermodal service companies commonly known as intermodal
marketing companies.
- Brokerage is provided using an entity, that as a principal sells, offers for sale, negotiates for, or holds itself out by
solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for
compensation.
- Rail transportation is arranged with railroads using open rates and contracts.
- Ocean Transportation:
- Ocean Transportation is arranged or provided by an Ocean Transportation Intermediary acting as an Ocean
Freight Forwarder (“OTI”)
- Ocean Transportation is arranged or provided by a Non Vessel Ocean Common Carrier (“NVOCC”).
- Pre-Postal Production Services:
- Co-Mailing: Unique mechanized process which processes U.S. mailings by merging multiple titles or publications
from its clients into a much larger mailing, which increases eligibility for Carrier Route and automation discounts
from the U.S. Postal Service for its clients.
- Co-Palletization: Unique mechanized operation, which processes trays of U.S. standard letter mail, which have
already been addressed and presorted, onto pallets in order to obtain drop ship discounts from the U.S. Postal
Service for its clients.
- Unique data processing that coordinates the processing of U.S. Mailings.
- 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.
- Claim Management Services:
- ALGWW shall provide claims coordination services to all entities using its services
Arranger of Services
ALG Worldwide Logistics, LLC shall be solely an arranger of services and those functions include solely those functions
as an arranger of services and no others and all other responsibilities or risks are those of the party providing service(s).
ALGWorldwide Logistics, LLC shall act on behalf of any shipper or entity and as such has arranged for services
availability, credit terms, claims responsibility and rate by having providers of services, hereinafter referred to as
“SERVICE PROVIDER” certain and named hereafter, as amended from time to time, who have adopted the Tariff
containing the freight terms, rules and regulations of each SERVICE PROVIDER that pertain to all rates (inclusive of
single shipment flat rates) pursuant to the obligations of 49 USC § 13710 (a) and other applicable statutes and
regulations. ALG Worldwide Logistics, LLC possesses a license for motor carrier broker operations contained in Docket #
538897 of the Federal Motor Carrier Safety Administration (“FMCSA”) and, as such, does not and will not assume any
liability for services, including specifically, but not limited to warehousing and cargo liability of any type and kind. ALG
Worldwide Logistics LLC shall be known as ALGWW herein.
Provider of Services
- The following providers of services have adopted the Tariff as the governing and controlling rules and regulations
Tariff for all services contracted and provided an entity that shall exclude ALGWW and as defined in the Tariff as
“Shipper”:
- Admiral Air Express, Inc. acts to provide services pursuant to the Tariff as a surface freight forwarder pursuant to
authority contained in Docket # FF 2063 of the FMCSA, as an Ocean Transportation Intermediary (Ocean Freight
Provider and Non Vessel Ocean Common Carrier) pursuant to Docket # 920618 of the Federal Maritime
Commission, as an Indirect Air Carrier (Air Freight Provider) pursuant to license issued by the Transportation
Security Administration, special services, and warehousing pursuant to # 500468 of the Illinois Department of
Agriculture, and as such, performs indirect air carrier transportation, indirect rail and motor carrier transportation,
indirect ocean carrier transportation, special services, and warehousing, with direct responsibility for all liabilities
and service provided. Admiral Air Express, Inc. shall be known as service provider.
- American Logistics Group, Inc acts to provide services pursuant to the Tariff as a surface freight forwarder
pursuant to authority contained in Docket # FF 2586 of the FMCSA, special services, and warehousing pursuant
to # 500467 of the Illinois Department of Agriculture, and as such, performs indirect rail and motor carrier
transportation, special services, and warehousing, with direct responsibility for all liabilities and service provided.
American Logistics Group, Inc shall be known as service provider.
- Print and Mailing Solutions, LLC (PAMS) acts to provide services pursuant to the Tariff as a Pre-Postal
Production provider for printers of US Mail including co-mailing, co-palletization/Ink Jet, and related data
processing services, pursuant to authority issued by the United States Postal Service (USPS) to operate under
Operational Procedures (OP), as evidenced under Customer Service Agreement (CSA) # 3073978 and Customer
Registration Identification Number # 5077274, and by assigning a Detached Mail Unit (DMU) to operate within the
PAMS facility, and as such, performs co-mailing, co-palletization/Ink Jet, and related data processing services,
with direct responsibility for all liabilities and services provided. PAMS shall be known in this Tariff as service
provider.
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 from service provider for the benefit of
the entity requesting service;
- The compilation of all costs of service, payment of all costs to service providers 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 with the assumption of responsibility of the services performed, and the risks
incidental to the service performed including at the least, 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 a 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 the arranging for, receipt, delivery, transfer in transit, protection of
shipment, storage, handling, packing, unpacking, and interchange of all property on a shipment.
Claims Managment
- ALGWW shall provide claims coordination services to all entities for whom it arranges transportation, warehousing,
and Pre-Postal Production services by:
- Accepting claims as an accommodation and not as a responsible entity to the shipper or other similar claiming
entity;
- Forwarding claims received to the applicable SERVICE PROVIDER;
- Relaying information to/from any applicable party in an effort to expedite and resolve the claim;
- Upon a timely written request (within sixty (60) calendar days of the shipment date) ALGWW will provide an
EXPEDITED CLAIMS PROCESSING option. This option is provided for cargo related claims only. The service of the
EXPEDITED CLAIM option shall be subject to the following conditions:
- Shipper or entity representing ownership of the claim will file a written cargo claim in compliance with this Tariff;
- Upon acknowledged receipt of all supporting documentation, as determined by ALGWW, ALGWW shall issue a
determination letter within fifteen (15) business days.
- If ALGWW determines the claim is an allowed claim that determination shall be an acceptance by ALGWW that
ALGWW is willing to take the risk of collection of the claim and ALGWW will pay the claim in the amount allowed
by the SERVICE PROVIDER within fifteen (15) business days of ALGWW’s receipt of a notice of a written
acceptance of the claim amount as finally and completely resolving the claim by the Shipper or entity filing and
owning the claim.
- ALGWW possesses authority as an arranger of services, and does not act in any capacity as a provider of services,
therefore there is no direct claim liability assumed by ALGWW. Any shipper or entity using ALGWW services
expressly recognizes this as a material condition and shall indemnify and hold ALGWW harmless (inclusive of legal
fees and costs) from any costs arising from an assertion of claim liability against ALGWW.
General
- The Rules and Regulations Tariff explains ALGWW 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. ALGWW will secure from a SERVICE PROVIDER, in accordance with the SERVICE Provider’s
obligations under the Interstate Commerce Commission Termination Act, Section 13710, and will provide to the
shipper, on request of the shipper, this publication or any other written or electronic copy of the rate, classification,
rules and practices. In addition, this publication, which binds SERVICE PROVIDER, appears on ALGWW’s Internet
site and may be accessed at any time, by any party without cost. (www.algworldwide.com).
- Waiver of Provisions: Failure on the part of ALGWW and/or SERVICE PROVIDER, or any agent or employee of
SERVICE PROVIDER 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 ALGWW and/or SERVICE PROVIDER 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, but the same shall continue and remain in full force and effect, the same as if no such forbearance
or waiver occurred, nor shall any single or partial exercise of any right or remedy hereunder preclude any other future
exercise of any right or remedy granted hereby or by any related document or law. If any provision of the Tariff, or the
application thereof to any party or circumstance shall be determined by any court of competent jurisdiction to be
invalid or unenforceable to any extent, the remainder of the Tariff, or the application of such provision to any entity or
person or circumstance other than that which is determined to be invalid or unenforceable, shall not be affected
thereby. Each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.
- ALGWW 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 by a participating
SERVICE PROVIDER. All modifications, amendments or supplements may only be authorized by the President of
ALGWW and no other agent or employee of ALGWW, nor any other agent or party is authorized to do so.
- To the extent, if any, 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 ALGW1000, as amended, modified, changed, or supplemented, will control as between a shipper, entity
requesting service, third party, ALGWW and any involved SERVICE PROVIDER.
- Rates and service quotations by ALGWW and SERVICE PROVIDER’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.
- In an effort to provide shippers, third parties and consignees with quality service and competitive rates, commodities
are shipped at less than full value. ALGWW 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. Therefore,
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, ALGWW’s assumes no obligation to arrange for the
commencement by a SERVICE PROVIDER of transportation of a shipment within a specified period. All
transportation services will be provided within reasonable dispatch.
- ALGWW reserves the right to arrange for the diversion of any shipment in order to facilitate delivery. The
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,
to pay the SERVICE PROVIDER through ALGWW or indemnify ALGWW and/or its SERVICE PROVIDER by any
reason of any violation of any of the terms contained in applicable Tariffs.
- Construction and Interpretation. In the event an ambiguity or question of intent or interpretation arises, the Tariff shall
be construed as if drafted jointly by ALGWW, SERVICE PROVIDER, Carrier, Shipper, Consignee, Third Party, entity
requesting service or Beneficial Owner, and no presumption or burden of proof shall arise favoring or disfavoring any
party by virtue of the authorship of any of the provisions of the Tariff. Any reference to any federal, state, local or
foreign statute, law or ordinance shall be deemed also to refer to all rules and regulations promulgated thereunder.
- Unless otherwise provided, requests for changes to service must be in writing. ALGWW and/or SERVICE
PROVIDER will accept no oral modifications.
- The signature of ALGWW in any capacity or by SERVICE PROVIDER on shipping documentation only acknowledges
receipt of freight. Terms and Conditions of the Tariff shall always apply.
- ALGWW 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 to SERVICE PROVIDER does not violate any
federal, state or local laws or regulations applicable to the shipment.
- Nothing in the Tariff shall require ALGWW to arrange for a SERVICE PROVIDER to perform pickup or delivery
service at any location from or to which it is impracticable, through no fault or neglect of ALGWW or SERVICE
PROVIDER.
- The terms and conditions of the Tariff shall apply to all shipments arranged by ALGWW and handled by SERVICE
PROVIDER regardless of whether same are subject to economic regulation or whether the shipments moves in
interstate, intrastate, or foreign commerce.
- Proper packing of cargo for transportation is the responsibility of the shipper and only the shipper is aware of the
manner in which goods have been packaged.
- 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 terms or conditions of the bill of lading or additional
shipping documentation shall not apply if they are inconsistent with the Rules and Regulations of ALGWW as they
supplement the Tariff. SERVICE PROVIDER or SERVICE PROVIDER’s agent’s signature does not constitute
acceptance of any terms which may vary from ALGWW Rules and Regulations and continued use will not, and does
not, constitute an implied acceptance or ratification by ALGWW. Failure by SERVICE PROVIDER, SERVICE
PROVIDER’s agents and/or the shipper to sign the shipping documentation does not negate the Rules and
Regulations contained herein. Each shipment tendered for transportation to SERVICE PROVIDER will be subject to
ALGWW Rules and Regulations Tariff in effect on the date SERVICE PROVIDER accepts the cargo.
- Rates provided contemplate loading of the freight by the shipper and the unloading of the freight by the consignee,
except that if the shipper or consignee requests and SERVICE PROVIDER furnishes extra labor to load or unload the
vehicle, all charges for such labor are to be paid by the shipper or consignee, and will be billed accordingly.
- It is the sole responsibility of the consignee at the time of delivery to note on the shipping documentation (delivery
receipt) any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment,
damage to the containers, or possible damage to the contents of the containers). If shipping containers appear to be
in good condition, the consignee must accept the entire shipment and may not open any shipping container to verify
or inspect the contents until the consignee signs the delivery receipt. Such notations as “subject to inspection” and
“subject to recount” are not exceptions.
- SERVICE PROVIDER, at its sole discretion, reserves the right, but is not required to open and inspect any shipment
without notice.
- The Transportation Security Administration (TSA) mandates all cargo tendered for air transportation is subject to
screening by the Indirect Air Carrier, the Air Carrier or the TSA. Upon tendering cargo for air transportation, the
shipper consents to the screening of cargo including opening and inspection of the shipment. It is further understood
and agreed that SERVICE PROVIDER shall not be liable for delay due to inspection of cargo.
- Shipments accepted under special conditions as defined by Item 300 of the Rules and Regulations will only be
accepted when the shipper contacts ALGWW and Advance Arrangements have been made with ALGWW. If
SERVICE PROVIDER receives a shipment without Advance Arrangements being made, SERVICE PROVIDER’s
legal liability will not exceed $0.50 per pound of product damaged and/or lost, or a maximum of $5,000.00, whichever
is less, regardless of the declared/released value or insured value for exports, and in cases where the article is
restricted by governing federal, state, or local laws, regulations or ordinances, the shipper is solely responsible for and
will reimburse and indemnify ALGWW and SERVICE PROVIDER for any expenses it incurs in connection with the
shipment.
- It is agreed and understood that SERVICE PROVIDER’s maximum liability for a shipment shall not exceed $50,000
per shipment, inclusive of transportation cost, unless approved in writing, in advance of shipment tender, by
ALGWW’s Director of Risk Management; provided, at no time, including any special circumstances is ALGWW liable
for cargo damage.
- Prohibited Articles not accepted for transportation: As defined in Item 310 of the Rules and Regulations Tariff, these
articles are NOT acceptable for the arrangement of transportation by ALGWW, unless approved in writing by
ALGWW’s Director of Risk Management. If SERVICE PROVIDER receives a prohibited article for transportation,
SERVICE PROVIDER’s legal liability will not exceed $0.10 per pound of product damaged and/or lost, or a maximum
of $5,000.00 per shipment, whichever is less, regardless of declared/released value or insured value for exports, and
in cases where the article is restricted by governing federal, state or local laws, regulations or ordinances, the shipper
is solely responsible for and will reimburse and indemnify ALGWW and SERVICE PROVIDER for any expenses it
incurs in connection with the shipment.
- Restricted Articles, Hazardous and Dangerous Goods: As defined in Item 320 of the Rules and Regulations Tariff, it
is the general policy of ALGWW NOT TO arrange Hazardous and Dangerous goods for transportation. ALGWW,
under specific guidelines, accepts the arrangement of transportation and warehousing of certain restricted articles.
Restricted Articles will only be accepted for transportation if written authorization from ALGWW’s certified Hazardous
Materials employee and Advance Arrangements have been made with ALGWW. If ALGWW inadvertently arranges a
shipment of hazardous and/or dangerous goods without written authorization from ALGWW’s certified Hazardous
Materials employee and Advance Arrangements being made, ALGWW and SERVICE PROVIDER will not accept any liability for damage and or loss, and in cases where the article is restricted by governing federal, state or local laws,
regulations or ordinances, the shipper is solely responsible for and will reimburse and indemnify ALGWW and
SERVICE PROVIDER for any expenses it incurs in connection with the shipment.
- Warehousing Limitation of Damages: The depositor declares that damages are limited to $0.10 per pound of lost or
damaged product, however, such liability may be increased on all of the goods, upon written request by the depositor
within 5 calendar of receipt by the warehouseman, in which event a monthly charge of two tenths of one percent per
month on the excess valuation will be made in addition to the regular monthly storage charge. Property stored has
not been insured by the warehouseman for the benefit of the depositor against fire or any other casualty.
- Auxiliary Services: ALGWW and SERVICE PROVIDER, are not liable for loss/damage/delay which is a direct result
of auxiliary services performed by contractors for the shipper or consignee, including but not limited to crating,
uncrating, crane or lift services, packing and unpacking which are requested by the shipper or consignee and
arranged by ALGWW as a customer service. Such limitation of liability shall extend to the selection by ALGWW of the
contractors performing auxiliary services.
Payment of Charges
- Except as provided in the exceptions within the Tariff, all charges are payable at the time of acceptance if the
shipment is “prepaid” (a shipment on which all charges are paid by the shipper) or at the time of delivery if the
shipment is “collect” (a shipment on which all charges are to be paid by the consignee).
- EXCEPTION: When ALGWW extends credit to the shipper or consignee, credit will be extended for a period of 30
days from the date of billing.
- In the event that payment on credit accounts is past due, ALGWW reserves the following rights:
- Any outstanding invoice, which is unpaid 30 days from the date of billing, may be subject to an additional charge
at a rate of 1½ percent per month of the outstanding balance, or the highest rate of interest permitted by
applicable law, whichever is greater.
- Any outstanding invoice, which is unpaid 60 days from the date of billing, may be subject to an additional charge
at a rate of 1½ percent per month of the outstanding balance, or the highest rate of interest permitted by
applicable law, whichever is greater, and may forfeit any and all discount rates, skid rates or spot pricing.
ALGWW reserves the right to re-rate all unpaid shipments exceeding 60 days based on ALGWW’s Regular Tariff
(RT500) for air freight shipments, or on a zip-code to-zip-code basis using current CZAR LITE non-discounted
rates as published by SMC for ground transportation.
- In the event ALGWW engages a collection agent and/or attorney to collect unpaid balances, or to enforce any
part of the Rules and Regulations Tariff, the shipper, entity requesting service, consignee, Third Party and
beneficial owner acknowledge that by entering into any contract, they shall pay all reasonable costs including, but
not limited to, professional fees and costs, 25% of the balance due or a flat fee of $200.00, whichever is greatest,
plus costs. It is further stipulated that exclusive jurisdiction shall be before the courts of the State of Illinois, venue
shall be proper within the county of DuPage, and the shipper, consignee, entity requesting service, Third Party
and beneficial owner acknowledges that performance of any contract was performed within the State of Illinois, all
as more fully described at ITEM 640.
- ALGWW and SERVICE PROVIDER shall have a lien on any goods shipped for failure to pay for charges payable
on account of any shipment pursuant to these Rules and Regulations. ALGWW or SERVICE PROVIDER may
refuse to surrender possession of the goods until such charges are paid.
Credit Terms
The invoice date begins the credit term cycle, and payment is due within 30 days from the invoice date. Failure to keep
shipper’s account current with ALGWW may result in the account being put on a “cash only” status. This status may
impair shipper’s ability to use ALGWW service. In the event prompt payment is not made and an account is placed on a
“cash only” basis, credit privileges will not be restored until all balances are paid current, including, but not limited to, all
costs, fees and expenses incurred by ALGWW in collecting or attempting to collect such balances. ALGWW may decline
to restore credit privileges even if all costs, fees, and expenses are paid.
Liability for Charges
- The shipper, consignee, 3rd party, beneficial owner, and entity requesting services are liable jointly and severally for
payment of all sums due to ALGWW related to or accrued on account. ALGWW and SERVICE PROVIDER will have
a lien on such cargo or product for sums due and payable. In case of non-payment, ALGWW and SERVICE
PROVIDER will have right upon 30 days notice to the shipper and consignee at the address shown on the bill of
lading to dispose of the cargo or any part thereof at public or private sale without further notice. ALGWW and
SERVICE PROVIDER may pay itself out of the proceeds of that sale.
- Customs penalties, storage charges, or other expenses incurred as a result of an action by Customs or a failure by
the shipper or consignee to provide Customs proper documentation to obtain a required license or permit, will be
charged to the consignee along with duty and tax, if applicable. However, the shipper, Third Party and all other
parties having an ownership interest in the shipment shall be liable for payment in the event of non-payment by the
consignee.
- If a consignee from whom reimbursement confirmation is requested refuses to pay the duties and taxes necessary to
release the shipment from Customs, ALGWW will contact the shipper, who may elect to pay such amounts. If the
shipper refuses to make satisfactory arrangements to reimburse ALGWW, the shipment will be returned to the shipper
if allowed by Customs. The shipper will then be held responsible for payment of both the original transportation
charges and the return transportation charges. If ALGWW advanced any amounts as duties or taxes at either
destination or upon return to origin, the shipper, Third Party and all other parties having an ownership interest in the
shipment shall also be liable for such amounts.
Fuel and Security Surcharge
Due to extreme fluctuations and changes in the industry, ALGWW reserves the right to assess a fuel or security surcharge
on applicable shipments. A current schedule of Fuel Surcharges is available upon request.
General Claims Liability
- It is agreed and understood that if the shipper desires to declare/release a value in excess of the limits of liability
herein, the shipper must declare the excess value in writing on the Bill of Lading at the time of tender and pay any
supplemental charges for excess value requested.
- It is agreed and understood that SERVICE PROVIDER’s maximum liability for a shipment shall not exceed $50,000
per shipment, inclusive of transportation cost, unless approved in writing, in advance of shipment tender, by
ALGWW’s Director of Risk Management; provided it is specifically understood that as an arranger of transportation
ALGWW has no liability in this regard whatsoever.
- The declared/released value of any shipment represents the maximum liability in connection with a shipment,
including, but not limited to, any loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide
information, or misdelivery of information relating to a shipment. The shipper assumes exposure to and risk of any
loss in excess of the declared/released value. Shipper may transfer the risk to an insurance carrier of Shipper’s
choice through the purchase of an insurance policy. Contact an insurance agent or broker if Shipper desires
insurance coverage.
- For international export shipments where Shipper’s Interest Insurance is requested, the amount of insurance
requested represents the maximum liability in connection with a shipment, including, but not limited to, any loss,
damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of
information relating to a shipment. It is the shipper’s responsibility to prove actual damages. The shipper assumes
exposure to and risk of any loss in excess of the amount of insurance requested.
Limits of Liability
- Surface Transportation Limits of Liability:
- Pursuant to Item 540 of the Rules and Regulations: For ground transportation with both an origin and destination
in the United States, where a freight class is annotated on the bill of lading at time of tender, SERVICE
PROVIDER’s liability shall be limited to the value per Class or commodity specific values as outlined below,
unless the shipper declares a higher value and pays a supplemental charge. If the rate base charged to the
customer is a FAK rate, liability will default to the lowest FAK class rates billed. In no event shall liability be
greater than the amount of loss or damage. The value per Class or commodity specific values is provided below:
| Freight Class |
Max Liability per Pound |
| 50 |
$0.75 |
| 55 |
$1.50 |
| 60 |
$2.25 |
| 65 |
$3.50 |
| 70 |
$5.50 |
| 77.5 |
$7.25 |
| 85 |
$11.00 |
| 92.5 |
$14.75 |
| 100 + |
$15.00 |
- Pursuant to Item 550 of the Rules and Regulations: For ground transportation with both an origin and destination
in the United States, where a freight class is NOT annotated on the bill of lading at time of tender, or the shipment
is quoted based on a spot quote (space available), SERVICE PROVIDER’s liability shall be limited to FAK class
rate 50 as outlined in Item 540, unless the shipper declares a higher value and pays a supplemental charge. In
no event shall liability be greater than the amount of loss or damage.
- Pursuant to Item 560 of the Rules and Regulations: For ground transportation with both an origin and destination
in the United States, where a the shipment is accompanied by a PS8125 form, SERVICE PROVIDER’s liability
shall be limited to $0.86 per pound, unless the shipper declares a higher value and pays a supplemental charge.
In no event shall liability be greater than the amount of loss or damage.
- Pursuant to Item 580 of the Rules and Regulations: For ground transportation from Canada to the United States,
from the United States to Canada or both an origin and destination in Canada, SERVICE PROVIDER’s liability
shall be limited to $2.00 Canadian per pound, unless the shipper declares a higher value and pays a
supplemental charge. In no event shall liability be greater than the amount of loss or damage.
- Pursuant to Item 590 of the Rules and Regulations: For ground transportation from Mexico to the United States,
from the United States to Mexico, or both an origin and destination in Mexico, SERVICE PROVIDER’s liability
shall be limited to $0.50 per pound, unless shipper is granted Shipper’s Interest insurance. In no event shall
liability be greater than the amount of loss or damage. SERVICE PROVIDER assumes no liability on Mexico
portion of the transportation on shipments of fresh fruits, plants, flowers, hazardous materials or corrosive
chemical. These commodities are transported at the shipper’s risk.
- Air Transportation Limits of Liability
- Pursuant to Item 570 of the Rules and Regulations: For expedited transportation with both an origin and
destination in the United States, SERVICE PROVIDER’s liability shall be limited to $0.50 per pound, unless the
shipper declares a higher value and pays a supplemental charge. In no event shall liability be greater than the
amount of loss or damage.
- Pursuant to Item 600 of the Rules and Regulations: For air transportation from United States to All Countries, and
from All Countries to United States, SERVICE PROVIDER’s liability shall be limited to $13.15 per pound, unless
the shipper declares a higher value or is granted Shipper’s Interest Insurance and pays a supplemental charge.
In no event shall liability be greater than the amount of loss or damage.
- Ocean Transportation Limits of Liability
- Pursuant to Item 610 of the Rules and Regulations: For ocean transportation from United States to All Countries,
and from All Countries to United States, SERVICE PROVIDER’s liability shall be limited to $500.00 per package,
or in a case of goods not shipped in packages, per customary freight unit, unless the shipper declares a higher
value or is granted Shipper’s Interest Insurance and pays a supplemental charge. Shipments of goods packed in
steamship containers will be limited to $500.00 for the contents of the entire container if they state, i.e., “one 40’
container of xxx” or similar qualification. Bills of Lading must state the number and type of packaging if the cargo
owner desires to recover the full value of the goods shipped, up to $500.00 per package or customary freight unit.
In no event shall liability be greater than the amount of loss or damage.
Claim Procedures
- All overcharge claims, must be submitted in writing to ALGWW within 180 days following the date of acceptance of
the freight for transportation. ALGWW hold no liability for overcharge claims applicable to shipments whose
transportation charges were not paid within 30 days of invoice date.
- Reporting of Claims: With respect to any and all incidents of claims, the following shall strictly apply. Failure to abide
by the following procedures will result in declination of a claim:
- Annotations of damage and/or loss on the delivery receipt DOES NOT qualify as notice. A written notice of intent
to file a loss and/or damage claim must be filed within the time limits below.
- Obvious damage and/or loss as annotated on the delivery receipt must be reported within 15 calendar days
following delivery.
- Concealed damage and/or loss (not annotated on delivery receipt) must be reported within three business days of
delivery.
- Written notification of intent to file a loss and/or damage claim must be submitted within 15 calendar days
following delivery or 30 calendar days from the date of shipment for shipments lost in their entirety.
- All goods must be retained for inspection at the delivery site for 15 days following notification of damage and/or loss.
The goods must be retained in the original shipping container and all materials used in packing the cargo for
transportation must be held for inspection. If inspection has not been performed within 15 days of notification, or a
written waiver for inspection has been issued, privilege to perform such inspection is forfeited. While awaiting
inspection, the consignee must hold the shipping container and its contents in the same location and condition they
were in when the damage and/or loss was discovered. Failure to abide by these procedures will result in claim denial.
- All formal claims for cargo loss and/or damage must be submitted in writing using a Standard Form of Presentation of
Loss and Damage Claims and must be received within 90 days after the date of acceptance of the shipment (ship
date). Your claim must include complete shipper and consignee information, as well as the tracking number (i.e., pro
#, air bill #, invoice #), date of shipment, total weight and applicable weight of the damaged or lost portion of the
shipment, total number of pieces and applicable number of pieces damaged and/or lost. Documentation supporting
the claim must include a cost invoice for the original shipment, estimates or invoices for repair or a statement as to
why repairs can not be made, and may include purchase orders, expense statements, appraisals or other records.
These documents must be verifiable to our satisfaction. The filing of a lawsuit does not constitute compliance with
these provisions. Failure to abide by these procedures will result in denial of a claim. It is the responsibility of the
claimant to obtain and complete a Standard Form of Presentation of Loss and Damage Claims.
Liability Not Assumed
- ALGWW and SERVICE PROVIDER will not be liable for, nor will any adjustment, refund or credit of any kind be given
as a result of, any loss, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or
resulting in whole or in part from:
- The violation of these Rules and Regulations, as amended or supplemented, including, but not limited to, the
improper or insufficient packing, securing, marking and addressing of a shipment, or failure to give notices in a
manner and time prescribed.
- Loss, damage, delay, or other result caused by any circumstance beyond the control of ALGWW and/or
SERVICE PROVIDER, including, but not limited to, perils of air, public enemies, acts of terrorism, public
authorities acting with actual or apparent authority, acting or actual authority on the premises, authority of law,
quarantine, riots, mechanical delay of aircraft, vehicles or other equipment, local disputes, civil commotion,
hazards incident to a state of war, local or national weather conditions (as determined by SERVICE PROVIDER),
national or local disruptions in air or ground transportation (as determined by SERVICE PROVIDER), strikes or
anticipated strikes (of any entity, including, but not limited to, ALGWW and SERVICE PROVIDER, vendors or
suppliers), natural disasters (earthquakes, floods, and hurricanes are examples of natural disasters), conditions
that present a danger to ALGWW and SERVICE PROVIDER personnel, and disruption or failure of
communication and information systems (including, but not limited to, ALGWW and SERVICE PROVIDER
systems).
- Damage or loss of articles packaged and sealed by the sender or by person(s) acting at the sender’s direction,
provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient
accepts the shipment without noting damage or loss on the delivery record.
- Indirect, consequential, special or exemplary or incidental damages, whether or not ALGWW or SERVICE
PROVIDER had knowledge that such damages might be incurred, including, but not limited to, loss of profits,
income, utility, wages, interest, loss of market, or loss of warranty.
Limitations of Legal Actions
- The right to damages under any cause of action arising from services pursuant to these Rules and Regulations shall
be extinguished unless action is brought within two years of the date service was completed or the date on which the
service should have been completed.
- The right to damages under any cause of action arising from services pursuant to the Rules and Regulations of
ALGWW shall be extinguished unless the claimant has complied with all applicable notice periods in these Rules and
Regulations.
- Shipper, consignee, Third Party, entity requesting services, and beneficial owner, inter alia, acknowledge that by
utilizing and benefiting from the Tariff, including but not limited to the tender of a shipment to which the Tariff applies
or the receipt for a shipment constitutes entering into a contract with a material nexus so that they have sufficient
contacts with the State of Illinois to vest jurisdiction therein and hereby forever waive any objection to exclusive Illinois
jurisdiction, agree thereby to proper venue within DuPage County, Illinois, agree to be subject to the jurisdiction of the
State of Illinois, waive any right to a trial by jury, and agree not to raise, and hereby waive, any defense based on
venue, lack of personal or subject matter jurisdiction or sufficiency or service or process; provided further, that in the
event such jurisdiction and venue is contested unsuccessfully, they and each of them shall indemnify (inclusive of
attorney fees and costs) and hold ALGWW and SERVICE PROVIDER harmless from all costs incurred.
- Each dispute shall be decided on an individual basis and will not be consolidated in any action with the disputes or
claims of other parties. Parties agree by the implementation and use of the Tariff not to sue as a class plaintiff or
class representatives, join a class as members, or participate as adverse parties in any way in a class lawsuit with
respect to any dispute or claim relating to the Rules and Regulations or the services provided.
- These Rules and Regulations, procedures and respective obligations of the parties will inure to their respective
successors and assigns.