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Conditions of Contract

In tendering a shipment for carriage, shipper (“Shipper”) agrees to these conditions of contract which no agent or employee of the parties may alter, unless specifically required by written and signed contract between the parties.

  1. As used in this contract, “LDK” means LDK Logistics, Inc. and its authorized agents.
  2. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules, and classification set forth in LDK’s currently effective tariffs, which are available for inspection and incorporated into this contract by reference.
  3. All shipments may, at LDK’s option, be opened and inspected.
  4. LDK shall not be liable for any loss, damage, delay, misdelivery, non-delivery, or other results not caused by its own negligence. In addition, LDK shall not be liable for special or consequential damages.
  5. LDK’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $.50 per pound per piece of cargo lost, damaged, misdelivered or otherwise adversely affected. Declared value for carriage in excess of $.50 per pound per piece shall be subject to an excess valuation charge.
  6. Unless each piece of the shipment has a declared value stated and specifically identified at the time of shipment and is identified to LDK as being lost, damaged, destroyed or otherwise adversely affected at the time of delivery, LDK shall be liable subject to tariff provisions in effect at the time of the shipment for the average declared value of the shipment (total declared value divided by total weight) multiplied by the package weight of the piece(s) adversely affected.
  7. Shipper and any consignee shall be liable, jointly and severally (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and (b) to pay or indemnify LDK for all claims, fines, penalties, damages, legal expense, cost or other sums which may be incurred by LDK by reason of any violation of this Contract or any other default of Shipper or such consignee or their agents.
  8. LDK shall have a lien on the shipment for all sums due and payable to LDK.
  9. In the event of the failure or inability of the consignee to take delivery of the shipment, LDK will notify Shipper in writing at the address provided and request disposition instructions. If Shipper fails to provide disposition instructions within thirty (30) days of such request, LDK will return the shipment to Shipper at Shipper’s expense. If Shipper fails to accept delivery of the shipment returned, LDK may dispose of the shipment at public or private sale and pay out of the proceeds to satisfy the transportation charges owing on the shipment. Shipper and the relevant consignee shall remain liable jointly and severally for deficiency.
  10. Claims for loss or damage discovered by the consignee after delivery and after a clear receipt must be reported within seven (7) days after delivery of the shipment, with privilege to LDK to inspect the shipment and its container(s) and packing materials within twelve (12) days after receipt of such notice.
  11. No claim with respect to a shipment, any part of which is received by the consignee, will be entered until all transportation charges have been paid in full.
  12. LDK will not be liable in any action unless a claim has been filed and such action is brought within one year after the date upon which written notice is given to the claimant that LDK has disallowed the claim in full or in part.
  13. To the extent that it is not governed by Federal law, this Contract and the tariffs incorporated by reference shall be determined in accordance with the laws of the State of Colorado. If any provision of this contract is determined to be invalid or unenforceable, the remainder of this contract shall remain in effect.
  14. Shipper warrants that each package is properly described, marked and addressed, and is packaged adequately to insure safe transportation. LDK shall not be liable for damage/loss unless evident and so LDK Logistics Inc. Page 1 of 2 noted on the receipt at the time of delivery. A clear receipt of delivery shall be prima facie evidence of having ordinary care in handling.
  15. At the time of delivery, consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate any discrepancy. The consignee may not inspect the contents of the shipping container until the consignee signs for the shipment on the delivery receipt. Notations such as “subject to inspection” or “subject to recount” are not valid exceptions.
  16. Terms: payment is due net 15 days from the shipment date. Past Due invoices (30 days past date of shipment) will be charged 1% interest per month with a $10.00 minimum or the maximum permitted by law.
  17. All charges are payable to LDK Logistics, Inc., P.O. Box 370838 Denver, Colorado 80237.
  18. Shipper, consignee and any other party affiliated with shall agree not to solicit or otherwise attempt to circumvent LDK by contact any of LDK’s vendors, employees, subcontractors, affiliates without the express written consent of LDK.
  19. Should LDK successfully defend itself for any legal action brought by any party, LDK shall be entitled to recovery of reasonable attorney fees, court cost and other associated fees.