On Demand Delivery Service, Courier Service - Phoenix, Mesa, Goodyear, Arizona

Service West Delivery Express Terms & Conditions

Bill of Lading When tendering a shipment, shipper agrees to the conditions of this contract, which no agent or employees of either party may alter. This bill of lading is NON NEGOTIABLE and it is mutually agreed that the conditions of carriage for shipments are governed by Service West Delivery Express.

Pricing and Payment Service West will deliver the products on behalf of Client in accordance with the current price list. Upon 30 days prior written notice to Client, Service West shall adjust the prices for delivery of the products to reflect increases in its costs and labor.

In addition to the prices set forth on the price list, Client shall pay to Service West a fuel surcharge amount on the total cost of the service rendered, as outlined on the fuel surcharge schedule. This schedule is considered part of these terms and conditions. Service West shall invoice its total charges at the completion of the service. Client shall pay in full all charges set forth on each invoice received from Service West. Invoice terms are Net 10 days, unless a separate agreement in writing is provided.

Delivery and Pick-up times Service West shall use its commercially reasonable efforts to meet anticipated delivery and pick-up times; however, Service West shall not be liable for any damages resulting from its failure to meet such delivery and pick-up times, even if Service West has been advised of the possibility of such damages. Service West or its assignees shall not be held liable for any special instructions not communicated directly to Service West’s CSR department.

Loss or damage It is the client’s responsibility to deliver items to Service West is a condition conducive to transportation of that item. Service West Delivery Express shall not be liable for loss, damage or delay caused by acts of God, terrorism, public authorities, strikes, labor disputes, weather or civil commotions.

Claims All claims for loss or damage must be reported within one week of the shipment. No claims will be paid until transportation charges have been paid. Claims may not be deducted from transportation charges. Claims should be substantiated by cost and other damages. Legal action should take the form whenever possible of binding arbitration. Enforcement of claims must be brought within one year after the claim has been denied in writing by Service West Delivery Express. All legal action and proceedings will be subject to the laws of the State of Arizona.

Insurance Service West will, at all times, obtain and maintain liability and casualty insurance in amounts standard within the industry for the conduct and operation of Service West’s business and, at Client’s request, shall deliver to Client a certificate evidencing such insurance that names Client as an additional insured if the volume of business warrants such evidence.

Indemnification Each party shall indemnify the other from and against claims, liabilities and expenses in favor of third parties incurred by such party in the course of performing its respective obligations due to any act of neglect or default attributed solely to such party or its agents, employees or subcontractors.

No Illegal or Dangerous Products Client will not use Service West’s services to engage in any deceptive, misleading, illegal or unethical business practice or to assist Client in the commission or attempted commission of a crime or fraud, including without limitation the pick-up, delivery or transportation of any illegal substances or items. Client must provide to Service West prior notice before the pick-up, delivery or transportation of any hazardous or dangerous materials

Relationship of the Parties Each party shall be considered an independent contractor of the other party. Nothing in this relationship shall be construed as establishing a joint venture or partnership or principal/agent or employer/employee relationship. No party is authorized to make any statement, claim representation or warranty or to act on behalf of the other.

Delivery Procedures Client shall make all Products available for pick-up by Service West F.O.B. Client’s facility, or, in the case of a pick-up from a third party’s facility for delivery to Client, F.O.B. such third party’s facility. Risk of loss shall pass to Service West at such time that the Products are loaded onto a Service West vehicle.

Inspection of Product Client shall, or Client shall cause its third party recipient to the products to, inspect the delivered products within five (5) days after their delivery and shall immediately notify Service West in writing of any damage to the products in connection with delivery of same. Products shall be deemed accepted without damage if the notification procedure set forth in the previous sentence is not timely complied with. Service West shall compensate Client for the amount of any undisputed damage to the Products incurred in connection with Service West’s delivery of such Products as mutually agreed by the Client and Service West. In the event that Client and Service West do not agree on the amount of the damage, the parties shall be bound by the determination of a third party appraiser to be appointed by Service West. In the event that the parties dispute whether or not any of the products were damaged during delivery, the parties may submit their dispute to a court of competent jurisdiction.

Compliance with Applicable Laws Service West shall perform all services in accordance with all applicable laws, rules and regulations of federal, state and local authorities and shall have obtained for itself, its employees and subcontractors all required licenses and permits. Clients shall render all necessary assistance to and shall cooperate fully with Service West to ensure that Service West is in compliance with all applicable laws, rules and regulations of federal, state and local authorities.

Right to Subcontract Client acknowledges and agrees that Service West shall have the right, in its sole and absolute discretion, to engage independent contractors to perform all or any portion of Service West’s obligations.

Miscellaneous IN NO EVENT WILL EITHER PARTY BE LIABLE FOR LOST PROFITS, OR ANY OTHER SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OR LIABILITY, CONTEMPLATED BY EACH PARTY. THIS LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PROPOSE OF ANY LIMITED REMEDY.

In the event Service West Delivery Express deems it necessary to use the service of a collection agency or attorney to collect any amounts due, applicant agrees to pay all collection costs, attorney fees, and court costs.

In any litigation or court proceeding between the parties the prevailing party shall be entitled to recover, in addition to any other amounts awarded, attorneys’ fees and all costs of proceedings incurred in enforcing these terms and conditions. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Arizona. Jurisdiction for litigation of any dispute arising out of or in connection with this Agreement shall be only in a court having jurisdiction located in Maricopa County, Arizona, and Applicant consents to such jurisdiction.

By clicking on the “I Agree” button below, you are indicating your company’s agreement to the aforementioned “Terms and Conditions”.

If you should experience problems with this form please call 480.668.6427.