Action Freight Services
Terms & Conditions

1. In tendering any shipment, Shipper specifically agrees to the terms and conditions of this contract. No agent or employee of the parties may bindingly alter this contract and that this tender is NON-NEGOTIABLE and has been prepared by shipper or on shipper's behalf by Action Freight Services, LLC. It is mutually agreed that the conditions of carriage for this shipment are governed by Action Freight Services, LLC rules and regulations available for inspection at our offices and which are hereby specifically incorporated into this contract by reference as if written hereon and become a part of this airbill contract.
2. In tendering the shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods and to insure safe transportation with ordinary care in handling and that each package is appropriately labeled, and is in good order for carriage as specified. Shipper also warrants that the commodity description is explicit and accurate.
3. Transportation of the shipment is subject to availability of equipment and space therein. Action Freight Services, LLC reserves the right to (i) substitute alternate or other means of transportation; and (ii) select the routing or deviate from that shown on the face hereof. Action Freight Services, LLC does not guarantee commencement or completion of freight shipment within a specified term unless stated otherwise on billing.
4. When written instructions are received to collect cash, Action Freight Services, LLC reserves the right to accept cash, cashier's check, certified check, money order or other instrument issued by or on behalf of the consignee. All checks (including cashier's checks and certified checks) and money orders tendered in payment of C.O.D.'s will be accepted at the shipper's risk including but not limited to risk of nonpayment and forgery and Action Freight Services, LLC shall not be liable upon any such instrument.
5. Shipper's instructions to collect a C.O.D. amount, will likewise be Action Freight Services, LLC instructions to insure or declare a value of an amount equal to the C.O.D. amount in the event of loss or damage to all or part of the shipment to which the C.O.D. applied. Action Freight Services, LLC tariff rate for such insurance/declared value charges will likewise apply in addition to the normal C.O.D. fee.
6. The shipper, the consignee and the third party shall be liable, jointly and severally, (i) for all unpaid charges payable on account of a shipment pursuant to this contract, including the costs of collection, and (ii) to pay or indemnify Action Freight Services, LLC for all claims, fines, penalties, damages, costs or other sums which may be incurred by Action Freight Services, LLC by reason of any violation of this contract or any other default. In addition, the shipper shall be liable for all costs in either returning the shipment to the shipper or warehousing the shipment pending disposition should the shipment be undeliverable.
7. All shipments may at Action Freight Services, LLC option, be opened and inspected.
8. Goods classified as hazardous materials are accepted subject to ability to arrange carriage on a direct carrier.
   
   

9. In consideration of Carrier's rate for the transportation of any shipment which is in part dependent upon the declared value of the shipment, Action Freight Services, LLC liability of any kind whatsoever shall be limited to the lessor of:
   1. The amount of any damages sustained or
   2. 1) $0.50 per pound (where no value is declared) multiplied by the number of pounds of that part of the shipment lost or damaged (but not less than $50.00 per shipment); with a $500.00 maximum liability.
10. Shipper may declare a higher value on the entire shipment, in which case an additional transportation charge as set forth in the Rate Tariff shall be required. For shipments where the Declared Value is $25,000 or greater, contact your local Action Freight Services, LLC office in advance for authorization.
11. As to the herein shipment described, the Action Freight Services, LLC shall not be liable for any loss or damage thereto or delay caused by an act of God, the public enemy, the authority of law, strikes, labor disputes, weather, mechanical failures, acts or omissions of customs or quarantine officials, the act or default of the owner or shipper, the inherent nature of vice of the shipment, or compliance or noncompliance with deliver or special instructions.
    1. Violation by the Shipper or Consignee of any of the rules contained in this carriage, including but not confined to, improper or insufficient packing, securing, marking or addressing and failure to observe any of the rules relating to shipments not acceptable only under certain conditions.
    2. Unavailability of equipment or space therein.
    3. Compliance with delivery instructions from the Shipper or Consignee or noncompliance with special instructions from the Shipper or Consignee not authorized by Carrier's rules.
    4. Shortage of articles loaded and sealed in containers by the Shipper provided the seal is unbroken at the time of delivery and the container retains its basic integrity.
12. ACTION FREIGHT SERVICES, LLC SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT ACTION FREIGHT SERVICES, LLC HD PRIOR KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
13. Except as provided the receipt by the Consignee of the shipment without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment has been delivered in good condition.
14. The liability of Action Freight Services, LLC will be that of a warehouseman if the shipment is not picked up by the consignee within 48 hours after notice of its arrival is given to the consignee. In such event, Action Freight Services, LLC will hold the shipment subject to storage charges with the right to sell the shipment at public or private sale not less than 30 days after having given written notice thereof to the shipper. Forwarder will pay itself out of the net profits of the sale for all charges due it and remit the balance to the shipper.
15. As a condition precedent to recovery, (i) claims for loss or damage must be completely filed in writing with Action Freight Services, LLC within 30 days after the date of acceptance of the shipment by Action Freight Services, LLC and (ii) claims for overcharges or duplicate billing must be filed in writing with Action Freight Services, LLC within 90 days after the date of acceptance of the shipment by the consignee. No claim for loss or damage will be entertained until all transportation charges have been paid.
16. As a condition precedent to recovery any damage or loss discovered after a clear receipt has been given to Action Freight Services, LLC must be reported in writing to Action Freight Services, LLC within 2 days after delivery to the consignee, with privilege to Action Freight Services, LLC to inspect the containers and contents within. Merchandise must be retained in original container, box, or packaging.
17. Action Freight Services, LLC shall not be liable unless an action is brought within 30 days after the date written notice is given to the claimant that Action Freight Services, LLC has disallowed the claim in whole or in part.
18. International air carriage is subject to the rules relating to the liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed Warsaw, October 12, 1929.
19. It is mutually acknowledged that any and all legal/collection fees incurred by Action Freight Services, LLC associated with the cost of collecting for any shipment shall become the responsibility of the shipper and/or the consignee and/or third party.
20. Parties agree that any and all claims or legal action of whatever nature brought against and/or for Action Freight Services, LLC for whatever reason, must be brought in the courts in the state of Michigan and no other state shall have jurisdiction over any such action.
21. Action Freight Services shall have a general lien on any and all property of the shipper, consignee, or bill to party, in its possession, custody, or control, or en route, for all claims for charges, expenses, or advances incurred by Action Freight Services in connection with any shipments of the shipper, consignee, or bill to party and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, Action Freight Services may sell upon ten (10) days written notice, registered mail (R.R.R.), to the customer, the goods, wares, and/or merchandise, or so much thereof as may be necessary to satisfy such lien.
22. All disputes for or against Action Freight Services must seek resolution in the State of Michigan and no other state or country shall have legal jurisdiction.
23. All parties (shipper, consignee, or third party bill to party) are equally responsible for the full payment in the event the designated payor fails to pay the bill. All charges are payable to Action Freight Services in US currency. In event of default, suit for collection may be brought at the home office of Action Freight Services. In the event of any suit arising under this contract, the prevailing party will be entitled, in addition to the other remedies, reasonable attorney fees and costs. Net 15 days-payments not received within 30 days of invoice date will be assessed interest of 1 1/12% per month of the invoices amount.
24. TSA Regulations - Action Freight Services, LLC is in full compliance with all Transportation Safety Administration regulations. All shippers of freight shipments must be in compliance with all TSA regulations and are subject to TSA authority.
25. Payment of discounted bills and invoices and/or charges applied under our published gross rates must be made within 30 days from date of invoice. Failure to comply with this provision will void the discount and/or any FAK or any other provisions applied and the billing will be modified based upon applicable published rates and description issued by Action Freight Services or the NMFC.