Direct Rush, Inc. – Terms and Conditions

Agreement to Terms

The terms and conditions of this delivery request shall apply to all shipment orders placed through Direct Rush, Inc. In tendering all such shipments to Direct Rush for delivery, Shipper, filling & services (i.e. Customer) agrees to all the terms and conditions set forth herein which no agent or employee of Direct Rush, Inc. may alter. Shipper also agrees to these terms and conditions on behalf of any third party with interest in the shipment. By enrolling in Direct Rush, Inc. and accepting these terms and conditions, you agree that you are authorized to use Shipper’s account number to place shipment orders on behalf of Shipper and bind Shipper to these terms and conditions for all shipment orders placed by you through Direct Rush, Inc..

Services

Direct Rush, Inc. will provide transportation services as requested by Shipper and will arrange for air and surface transportation as required. Direct Rush, Inc. reserves the right to use agents or other third parities to fulfill these services.

Payment for Services

Payment is due at the time of ordering the service. Shipper must have established an account with Direct Rush, Inc prior to pick-up by authorizing the charge on the credit card. Shipment fees will be charged based on the greater of actual weight or dimensional weight (defined as length times width times height of the outside of the package, divided by 184, i.e., DIM weight). Rates and quotes provided by Direct Rush, Inc. employees and agents are based upon information provided by Shipper. Final rates may vary based upon actual shipment size, weight and services rendered. Shipper will always be primarily responsible for shipping costs, despite any alternate payment instructions, as well as any cost incurred in either returning the shipment or warehousing it pending disposition.

Shipment Weight and Inspection

All shipments tendered to Direct Rush, Inc. are subject to reweighing and recalculation of charges based upon such reweighing. Increments over one pound are rounded to the next pound. All shipments are subject to inspection by Direct Rush, Inc. at its discretion without notice.

Shipper’s Responsibility

Shipper is responsible for adequately preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary handling. Shipper must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments. Shipper is responsible for any errors in completing the Direct Rush, Inc. bill that may result in additional billing, including, but not limited to incorrect addresses, incorrect weight information and incorrect pick-up or delivery times. If Shipper communicates to Direct Rush, Inc. that no delivery signature by recipient is required, Direct Rush, Inc. shall not be responsible for any loss that occurs after the delivery of the shipment.

Right of Refusal

Direct Rush, Inc. reserves the right to refuse or reject any shipment and may do so in its sole discretion and without liability. Direct Rush, Inc. may exercise this right at any time, and includes situations (among others) when a shipment may cause damage to or delay other shipments, property or personnel; is likely to sustain damage or loss in transit due to improper packaging; contains prohibited items; the account of Shipper is not in good standing; or when acceptance of a shipment may jeopardize Direct Rush, Inc. ability to provide service to other customers.

Undeliverable Shipments

Direct Rush, Inc. will hold undeliverable shipments and will notify Shipper. If Shipper cannot be notified, the shipment will be held for 5 days after the attempted delivery date. After 5 days, the shipment will be disposed of at Direct Rush, Inc. discretion. Shipper will be responsible for all transportation, delivery attempts, storage and disposal charges.

Special Arrangement Required

Hazardous Materials / Dangerous Goods (hereinafter “HM/DG”, defined domestically under FAA guidelines and defined internationally under ICAO guidelines) may not be shipped under this shipment agreement. Although Direct Rush, Inc. has the ability to transport certain HM/DG shipments, certain restrictions do apply. Contact 1-800-980-3302 to make special arrangements to ship HM/DG.

Limitation on Liability and Liabilities Not Assumed

Unless Shipper declares a higher shipment valuation and pays an additional fee, Direct Rush, Inc. liability for any loss, damage or delay to, or involving, a domestic shipment (which shall include all documents or packages consigned to Direct Rush, Inc. under a single order) is limited to the lesser of $100.00 (U.S) or the actual value of the shipment.

Direct Rush, Inc. shall not be liable for loss, damage, delay or other result caused by any circumstances beyond the control of Direct Rush, Inc. including, but not limited to, weather, governmental action, mechanical delays, acts of God, strikes or labor disturbances, civil commotion, war, terrorism, fuel shortages, any act or default of Shipper or consignee, inherent vice or defect of the shipment, or violation by Shipper or consignee of any of these Terms and Conditions

Direct Rush, Inc. WILL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT Direct Rush, Inc. HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

Declared Value Limits

Shipper may elect to declare a higher valuation for loss or damage purposes (other than damage caused by delay) by designating the amount in the Declared Value field on the request form. The additional currant charge is $.55 per $100. Declared values for items of extraordinary value cannot exceed $500. Items of extraordinary value include shipments containing such items as artwork, jewelry, furs, film, precious metals, negotiable instruments or other unique one of a kind items. For all other shipments, the declared value may not exceed $5,000. Any declared value in excess of $5,000 must be pre-approved by Direct Rush, Inc. prior to shipment. Arrangements for declaring values in excess of $5,000 can be made by calling Direct Rush, Inc. Customer Support at 1-800-980-3302. In the event Shipper should declare a higher shipment valuation as permitted hereunder, Direct Rush’s maximum liability shall be the value so declared or the actual value of the shipment, whichever is less. Shipper is responsible for proving the actual loss or damage.

Claims

All Claims for lost or damaged shipments must be made in writing and received by Direct Rush, Inc. 5 days after the date of acceptance of the shipment from Direct Rush, Inc. Any damaged shipment and its original packing material must be made available to Direct Rush, Inc. for inspection. Direct Rush, Inc. is not obligated to act on any claim until Shipper has paid all charges related to such shipment. The amount claimed cannot be deducted from outstanding charges related to shipments transported under this or any other order. Shipper is responsible for providing adequate documentation to support the actual or declared value of the loss.

www.directrush.com
1-800-980-3302