Terms & Conditions

1. Agreement

The entire agreement between Company and Customer consists of: (i) the terms of any quote prepared by Company for Customer, (ii) these Terms and Conditions of Transportation Services, and (iii) any additional terms proposed by Company in writing and signed by Customer (collectively, the "Agreement"). The Agreement becomes binding when accepted by Customer through acknowledgment or by Company's performance. Company may amend these Terms and Conditions from time to time, in its sole discretion. Any terms proposed by Customer that are additional to or inconsistent with this Agreement are void unless specifically agreed to in writing by Company's authorized representative.

2. Company's Role

Company provides ground and air transportation services either directly, using Company-owned or Company-contracted equipment and drivers, or indirectly, by arranging transportation through qualified, properly licensed and insured third-party motor carriers and air carriers. Where Company arranges transportation through a third-party carrier, Company acts as a property broker for purposes of that shipment and is not the carrier. Company reserves the right, in its sole discretion, to refuse to schedule, dispatch, or transport any shipment at any time.

3. Transportation Documents

Each shipment is evidenced by one or more transportation documents, which may include bills of lading, air waybills, delivery receipts, or similar documents (collectively, "Transportation Documents"), showing the kind, quantity, and condition of the goods received and delivered. In the event of a conflict between this Agreement and a Transportation Document, the Transportation Document governs the specific shipment it covers. If Customer does not complete the documents required for carriage, or the documents submitted are inappropriate for the requested service, Customer authorizes Company to complete, correct, or replace those documents at Customer's expense, though Company is not obligated to do so.

4. Customer Responsibilities

Customer represents and warrants that:

• Customer is the legal owner of the goods tendered, or is authorized to tender them for transportation;
• Customer will comply with all applicable laws, rules, and regulations, including those governing hazardous materials;
• Customer will provide complete, accurate, and timely information regarding each shipment, including accurate weights and dimensions;
• all items will be marked to enable identification of the contents without opening any container; and
• Customer's authorized representative will be available at the point of origin to sign all documents evidencing pickup.

Customer agrees to indemnify, defend, and hold Company harmless against any liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from Company acting on Customer's instructions, any breach of these warranties, or the negligence or willful misconduct of Customer, its employees, or its agents.

5. Payment

Unless otherwise agreed in writing, all charges are payable in U.S. dollars and are due net thirty (30) days from the invoice date, subject to credit approval. Shippers, consignors, consignees, and any third-party freight brokers are jointly and severally liable for freight charges relating to a shipment under this Agreement. Customer has thirty (30) business days from the invoice date to dispute any charge in writing; disputes not received within that window are deemed accepted. If Company engages counsel or a collection agency to recover unpaid charges, Customer is responsible for reasonable collection costs and attorneys' fees in addition to the outstanding balance.

6. Claims

All claims for loss, damage, delay, or non-delivery must be submitted in writing within nine (9) months of the delivery date, or the date delivery should have occurred, or such claims are waived. Acceptance of goods without noting damage on the delivery receipt is evidence the goods were delivered in good condition. Original packaging and contents should be retained for inspection. Filing a claim does not relieve Customer of its obligation to pay freight charges. Claims should be submitted to the contact listed at the bottom of this page. Any lawsuit arising from a shipment must be filed within two (2) years of the date Company declines the claim, in whole or in part.

7. Limitations of Liability

Where Company arranges transportation through a third-party motor carrier, that carrier is primarily liable for loss, damage, or delay under 49 U.S.C. § 14706 and the carrier's own terms, and Company's liability is limited accordingly. Where Company transports a shipment using Company-owned equipment, Company's liability for loss or damage directly resulting from its negligence is limited to the lesser of (i) the invoice value of the goods, less salvage value, or (ii) $100,000 per occurrence, unless Customer declares a higher value in writing prior to pickup and pays any associated charge. For domestic air transportation, liability is limited to the greater of $50 per shipment or $0.50 per pound of the affected cargo, unless a higher value is declared and the corresponding charge is paid.

COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. COMPANY IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER OR NOT COMPANY HAD KNOWLEDGE SUCH DAMAGES MIGHT BE INCURRED. Company is not liable for loss, damage, or delay caused by acts of Customer, the inherent nature of the goods, improper packing or marking by Customer, or events of Force Majeure described below.

8. Quotations and Rates

Quotations are for informational purposes only, are subject to change without notice, and do not bind Company unless Company confirms specific rates and payment terms in writing. Rates are based on the information provided by Customer at the time of quote, including weight, dimensions, equipment type, and accessorial needs; Company reserves the right to adjust or re-invoice a rate if that information proves inaccurate or if additional services are required to complete the shipment.

9. Cargo Insurance

Unless Company agrees otherwise in writing, Company does not purchase or hold cargo insurance on Customer's behalf. Customer may, at its own expense, obtain shipper's interest insurance through a third-party carrier. COMPANY IS NOT AN INSURANCE COMPANY, does not provide insurance, and has no role in the issuance, denial, or payment of insurance claims. Failure to obtain cargo insurance limits Customer's recovery to the liability terms described in Section 7 above.

10. Restricted and Prohibited Shipments

Company reserves the right to reject any shipment in its sole discretion, including any shipment containing an item classified as a restricted article or hazardous material by the U.S. Department of Transportation (DOT) unless Company has expressly agreed in writing and confirmed the appropriate equipment, licensing, and handling procedures are in place. Absent such written agreement, prohibited items include:

• Live animals or plants
• Undeclared hazardous materials or chemicals
• Currency, negotiable instruments, or precious metals and stones
• Explosives or other dangerous goods
• Illegal substances or contraband of any kind

11. Independent Contractor Relationship

Where Company arranges carriage through a third-party motor carrier, that carrier acts as an independent contractor and is not an employee or agent of Company. Company exercises reasonable care in selecting third-party carriers but does not warrant or guarantee their performance, and is not liable for the acts or omissions of an independent third-party carrier or its agents, except as expressly provided in these Terms.

12. Force Majeure

Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, extreme weather, acts of governmental authorities, war, strikes, labor disputes, mechanical failure, or other similar occurrences.

13. Miscellaneous

This Agreement is non-exclusive; Customer may use other transportation providers, and Company may serve other customers, provided doing so does not interfere with either party's performance under this Agreement. This Agreement binds and benefits both parties and their respective successors and permitted assigns, and may not be assigned by either party without the other's written consent. Neither party's failure to enforce a provision of this Agreement waives that provision or excuses future performance. This Agreement states the complete understanding between Company and Customer regarding its subject matter and supersedes all prior negotiations or agreements, written or oral. If any provision of these Terms and Conditions is found unenforceable, the remaining provisions remain in full force and effect.

14. Governing Law

These Terms and Conditions, and any Transportation Document issued hereunder, are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any action arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and Customer irrevocably consents to the personal jurisdiction of those courts.

Contact Us

24/7 Live Routing Center: (814) 454-4373

Dispatch: csr@expressfamily.com

Sales: sales@expressfamily.com

Headquartered in Tampa, Florida.