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Terms & Conditions

THESE “TERMS AND CONDITIONS” SUPERSEDE ALL PREVIOUS SERVICE CONDITIONS AND OTHER PRIOR STATEMENTS CONCERNING RATES AND CONDITIONS OF TEX-AIR DELIVERY SERVICES. TEX-AIR DELIVERY RESERVES THE RIGHT TO MODIFY, AMEND OR SUPPLEMENT ITS RATES, ITS SERVICE ELEMENTS, PRODUCTS AND CONDITIONS WITHOUT NOTICE.

RATES OR QUOTES GIVEN BY OUR EMPLOYEES WILL BE BASED UPON INFORMATION PROVIDED BY YOU; FINAL RATES AND SERVICE MAY VARY BASED UPON THE SHIPMENT ACTUALLY TENDERED AND SERVICES ACTUALLY REQUESTED OR REQUIRED AND THE APPLICATION OF THESE “TERMS AND CONDITIONS” HEREIN. ANY MONETARY AMOUNTS STATED REFER TO U.S. DOLLARS. ANY CONFLICT OR INCONSISTENCY BETWEEN ANY OTHER WRITTEN OR VERBAL STATEMENTS CONCERNING THE RATES, SERVICE ELEMENTS, PRODUCTS AND/OR TERMS AND CONDITIONS APPLICABLE TO TEX-AIR DELIVERY SERVICE WILL BE CONTROLLED BY THE WAYBILL AND THESE “TERMS AND CONDITIONS”, AS MODIFIED, AMENDED OR SUPPLEMENTED BY TEX-AIR DELIVERY. NO WARRANTIES OR GUARANTEES ARE EXPRESSED OR IMPLIED.

DEFINITIONS

“SHIPPER” MEANS ANY AND ALL ENTITIES TENDERING A SHIPMENT TO TEX-AIR DELIVERY FOR CARRIAGE, INCLUDING ENTITIES PHYSICALLY TENDERING SHIPMENT AND ENTITIES ON WHOSE ACCOUNT A SHIPMENT IS TO BE MADE. “SHIPPER” MEANS THE PERSON OR ENTITY WITH WHOM THE SHIPMENT ORIGINATES, AND WHOSE NAME IS LISTED ON THE WAYBILL AS THE SHIPPER, AND INCLUDES THE SHIPPER, CONSIGNOR, AND THEIR AGENTS, SERVANTS AND EMPLOYEES, AND ANY OTHER PERSON OR ENTITY HAVING OR CLAIMING AN INTEREST IN OR BENEFICIAL OWNERSHIP IN A SHIPMENT. AS USED HEREIN, “SHIPPER” SHALL INCLUDE, BUT IS NOT LIMITED TO, FREIGHT FORWARDERS, CONSOLIDATORS, PROPERTY BROKERS, CUSTOMS BROKERS, AND OTHER LOGISTICS PROVIDERS WHO TENDER SHIPMENTS TO TEX-AIR DELIVERY. REGARDING ALL SHIPMENTS TENDERED BY ANY SHIPPER AS DEFINED ABOVE, THE SHIPPER REPRESENTS THAT IT HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF ITS CUSTOMER AND WARRANTS THAT IT IS THE DISCLOSED AGENT OF ITS CUSTOMER.

“CUSTOMER” USED HEREIN SHALL INCLUDE ANY SHIPPER, FREIGHT FORWARDER, CONSOLIDATOR, PROPERTY BROKER, CUSTOMS BROKER, OR OTHER THIRD PARTY TENDERING SHIPMENTS TO TEX-AIR DELIVERY. WHERE ANY INTERMEDIARY, OTHER THAN THE BENEFICIAL OWNER OF THE FREIGHT, TENDERS SHIPMENTS TO TEX-AIR DELIVERY, SUCH INTERMEDIARIES SHALL BE THE DISCLOSED AGENT OF THE BENEFICIAL OWNER OF THE GOODS AND THE TERM “CUSTOMER” SHALL INCLUDE ITS PRINCIPAL.

THE TERM “CARRIER” OR “CARRIERS” AS USED HEREIN SHALL MEAN THE INDEPENDENTLY OWNED AND OPERATED MOTOR CARRIERS AND OTHER QUALIFIED SERVICE PROVIDERS INTO WHOSE CARE, CUSTODY AND CONTROL SHIPMENTS SHALL BE TENDERED BY TEX-AIR DELIVERY SUBJECT TO THESE SERVICE CONDITIONS.

BILL OF LADING

SHIPPER AGREES THAT THE GOODS DESCRIBED HEREIN ARE ACCEPTED IN APPARENT GOOD ORDER (EXCEPT AS NOTED) FOR TRANSPORTATION, SUBJECT OF GOVERNING RULES AND TARIFFS IN EFFECT AN THE DATE OF THIS BILL OF LADING. THE TERMS AND CONDITIONS OF THE TEX-AIR DELIVERY WAYBILL FOR PICKUP OR DELIVERY OF A SHIPMENT SHALL SERVE AS A RECEIPT FOR GOODS DESCRIBED. OTHER CARRIER OR CUSTOMER’S WAYBILL, BILL OF LADING OR SHIPPING DOCUMENT MAY, AT OUR DISCRETION, BE USED IN LIEU OF THE TEX-AIR DELIVERY WAYBILL FOR SERVICES RENDERED. ANY SHIPPING DOCUMENT INCONSISTENT WITH THE TRANSPORTATION CONTRACT AND RECEIPT OF GOODS PUBLISHED IN THESE TERMS AND CONDITIONS SHALL BE EXECUTED FOR CONVENIENCE ONLY AND SHALL BE INVALID TO THE EXTENT IT CONFLICTS WITH THESE TERMS AND CONDITIONS. DRIVER OR CUSTOMER SERVICE EMPLOYEES OF TEX-AIR DELIVERY, INC. DO NOT HAVE THE AUTHORITY TO BIND TEX-AIR DELIVERY TO DIFFERENT TERMS AND CONDITIONS.

WEIGHTS AND MEASURES

WEIGHTS LISTED ON BILL OF LADING ARE SUBJECT TO VERIFICATION. DIMENSIONAL WEIGHT WILL APPLY IF GREATER THAN ACTUAL WEIGHT. CALCULATION OF DIMENSIONAL WEIGHT FOR AIR SHIPMENTS IS DWT = (L X W X H)/194; FOR TRUCK SHIPMENTS IS DWT = (L X W X H)/250.

COMMODITIES NOT ACCEPTED FOR TRANSPORT

HAZARDOUS MATERIALS, HUMAN REMAINS OR LIVE ANIMALS SHALL NOT BE ACCEPTED FOR TRANSPORT.

LIMITATION OF LIABILITY

TEX-AIR DELIVERY’S LIABILITY FOR LOSS OR DAMAGE IS LIMITED TO $50.00 FOR ANY SHIPMENT OF 100 LBS OR LESS; AND $0.50 (FIFTY CENTS) PER POUND FOR ANY SHIPMENT GREATER THAN 100 LBS, UNLESS A GREATER VALUE IS DECLARED AND EXCESS VALUATION PAID FOR AT THE HIGHER VALUE; APPLICABLE ONLY TO THAT PORTION OF THE SHIPMENT ACTUALLY LOST OR DAMAGED. A HIGHER VALUE MAY BE DECLARED, UP TO A MAXIMUM OF $2.50 PER POUND, IN WRITING AT THE TIME OF OR BEFORE THE SHIPMENT IS RECEIVED BY TEX-AIR DELIVERY. ANY SHIPMENT WITH A DECLARED VALUE IN EXCESS OF $25,000 ACCEPTED WITHOUT PRIOR WRITTEN APPROVAL OF A TEX-AIR DELIVERY CORPORATE OFFICER WILL BE RELEASED TO A MAXIMUM OF $2.50 PER POUND AND SUBJECT TO THE EXCESS VALUATION CHARGE. DECLARED VALUE MAY NOT EXCEED ACTUAL VALUE. LIABILITY FOR COMPLETE LOSS OR DAMAGE WILL BE THE LESSER OF DECLARED VALUE OR ACTUAL VALUE. LIABILITY FOR PARTIAL LOSS OR DAMAGE WILL BE PRORATED BASED ON THE CHARGEABLE WEIGHT OF ENTIRE SHIPMENT, THE AVERAGE WEIGHT PER PIECE, AND THE NUMBER OF MISSING OR DAMAGED PIECE(S). TEX-AIR DELIVERY WILL CHARGE FOR EXCESS VALUATION DECLARED UNLESS A LETTER OF RELEASE IS ON FILE WITH TEX-AIR DELIVERY RELEASING TEX-AIR DELIVERY OF LIABILITY OVER THE AFOREMENTIONED MAXIMUM.

CLAIMS

TIME LIMITS FOR FILING A FORMAL WRITTEN CLAIM FOR LOSS, DAMAGE OR SHORTAGE IS SIXTY DAYS FROM DATE OF DELIVERY. NOTIFICATION OF VISIBLE DAMAGE OR SHORTAGE MUST BE NOTED ON DELIVERY RECEIPT AT TIME OF DELIVERY. TEX-AIR DELIVERY IS NOT RESPONSIBLE FOR CONCEALED DAMAGE. NO CLAIM FOR LOSS OR DAMAGE WILL BE PROCESSED UNTIL ALL TRANSPORTATION CHARGES HAVE BEEN PAID. CLAIMS CANNOT BE DEDUCTED FROM TRANSPORTATION CHARGES. CLAIMS MUST BE SUBMITTED IN WRITING TO TEX-AIR DELIVERY, INC., CLAIMS DEPARTMENT, 1061 TEXAN TRAIL, SUITE 600 GRAPEVINE, TX 76051.

PAYMENT LOCATION AND TERMS

INVOICES ARE PAYABLE TO 1061 TEXAN TRAIL, SUITE 600 GRAPEVINE, TX 76051. INVOICES ARE DUE UPON RECEIPT AND PAST DUE IF PAYMENT IS NOT RECEIVED WITHIN 30 DAYS OF INVOICE DATE.

FUEL SURCHARGE

WE RESERVE THE RIGHT TO ASSESS FUEL SURCHARGES ON SHIPMENTS WITHOUT NOTICE. THE AMOUNT AND DURATION OF ANY SUCH SURCHARGES WILL BE DETERMINED AT OUR SOLE DISCRETION. BY TENDERING YOUR SHIPMENT TO TEX-AIR DELIVERY, YOU AGREE TO PAY THE SURCHARGE IN EFFECT, AS DETERMINED BY TEX-AIR DELIVERY.

OTHER

NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF TEX-AIR DELIVERY, INC. HAS THE AUTHORITY TO ADD, ALTER, MODIFY, OR WAIVE ANY PROVISION OF THESE RULES OR TARIFFS.

INDEMNIFICATION

THE SHIPPER AND THE CONSIGNEE SHALL BE LIABLE, JOINTLY AND SEVERALLY, TO PAY OR INDEMNIFY TEX-AIR DELIVERY, INC. FOR ALL CLAIMS, FINES, PENALTIES, DAMAGES, ATTORNEY’S FEES, COURT COSTS AND FEES, OTHER COSTS AND SUMS WHICH MAY BE INCURRED, SUFFERED OR DISBURSED BY TEX-AIR DELIVERY, INC. BY REASON OF ANY VIOLATION OF ANY OF THE RULES AND REGULATIONS CONTAINED IN TEX-AIR DELIVERY, INC. RULES AND REGULATIONS OR ANY OTHER DEFAULT OF THE SHIPPER OR CONSIGNEE WITH RESPECT TO A SHIPMENT.

LIABILITY FOR CHARGES

THE SHIPPER AND CONSIGNEE SHALL BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL UNPAID CHARGES PAYABLE ON ACCOUNT OF A SHIPMENT PURSUANT TO APPLICABLE RULES AND REGULATIONS INCLUDING, BUT NOT LIMITED TO, SUMS ADVANCED OR DISBURSED BY TEX-AIR DELIVERY, INC. ON ACCOUNT OF SUCH SHIPMENT.

NO SPECIAL DAMAGES

NEITHER TEX-AIR DELIVERY NOR ITS CARRIERS SHALL HAVE ANY LIABILITY FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES.

EXCEPTIONS FROM LIABILITY

WITHOUT WAIVER OF ANY OTHER PROVISION OF THESE “TERMS AND CONDITIONS”, TEX-AIR DELIVERY AND ITS CARRIERS SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY NATURE CAUSED BY (I) ACTS OF GOD, PUBLIC ENEMY, OR PUBLIC DANGER INCIDENT TO A STATE OF WAR; (II) ANY DEFAULT OF THE SHIPPER OR CONSIGNEE; (III) THE NATURE OF THE SHIPMENT, OR ANY DEFECT, CHARACTERISTIC OR INHERENT VICE OF THE SHIPMENT; (IV) VIOLATIONS BY THE SHIPPER OR CONSIGNEE OF ANY CONDITIONS OF THESE “TERMS AND CONDITIONS”; (V) COMPLIANCE WITH LAWS, GOVERNMENTAL REGULATIONS, ORDERS OR REQUIREMENTS OF ANY JURISDICTION; OR (VI) ANY OTHER CAUSE BEYOND THE CONTROL OF TEX-AIR DELIVERY.

AIR CARGO SECUTITY

CUSTOMER CERTIFIES THAT IT IS IN COMPLIANCE WITH TSA SECURITY REQUIREMENTS WHEN TENDERING SHIPMENTS DESTINED FOR TRANSPORT VIA AIR CRAGO AND THAT THE SERVICES OF TEX-AIR DELIVERY AND ITS CARRIERS ARE OF A NON-EXCLUSIVE GROUND SERVICE AGENT.

TARIFF AND POINTS SERVED LIST

TEX-AIR DELIVERY, INC. RESERVES THE RIGHT TO CHANGE OUR TARIFFS, TARIFF RULES, AND POINTS SERVED LIST WITHOUT NOTICE. THE APPLICABLE VERSION WILL BE THE ONE EFFECTIVE AS OF THE DATE THE SHIPMENT IS TENDERED TO TEX-AIR DELIVERY.

WEBSITE

THE TEX-AIR DELIVERY WEBSITE LOCATED AT www.texairdelivery.com. IS OWNED AND OPERATED BY TEX-AIR DELIVERY AND IS FOR THE CONVENIENCE OF TEX-AIR DELIVERY CUSTOMERS. ANY UNAUTHORIZED USE OF THIS WEBSITE IS STRICTLY FORBIDDEN.

INFORMATION OBTAINED FROM THE WEBSITE MAY BE CHANGED AND UPDATED UNTIL FINAL BILLING IS COMPLETED. INFORMATION, INCLUDING CHARGES, RECEIVED VIA THE WEBSITE MAY BE ADJUSTED ACCORDING TO THE TARIFF IN PLACE AND ACTUAL SERVICES RENDERED AT THE TIME SHIPMENT IS HANDLED. TEX-AIR DELIVERY IS NOT BOUND BY CHARGES OR INFORMATION OBTAINED PRIOR TO FINAL BILLING.

MISCELLANEOUS TERMS

IF ANY PROVISIONS OF THESE “TERMS AND CONDITIONS” SHALL BE DEEMED UNENFORCEABLE, ALL REMAINING PROVISIONS SHALL REMAIN IN EFFECT, AND THE PARTIES BOUND TO THEM.

THESE “TERMS AND CONDITIONS” MAY BE CHANGED WITHOUT NOTICE, AND THE EFFECTIVE VERSION OF THESE “TERMS AND CONDITIONS” SHALL BE POSTED AT www.texairdelivery.com. THE VERSION OF THESE “TERMS AND CONDITIONS” IN EFFECT AS OF THE DATE THE SHIPMENT IS TENDERED TO TEX-AIR DELIVERY SHALL BE THE APPLICABLE VERSION.