Terms and Conditions
Application of Service Conditions
If there is a conflict between these Service Conditions and the terms and conditions on any ACTION COURIER SERVICES, INC. (Here after referred to as ACS, INC.) waybill, the ACS, INC. Waybill will control. These Service Conditions supersede all previous service conditions and other prior statements concerning the rates and conditions of ACS, INC. service. ACS, INC. reserves the right, from time to time, to modify, amend or supplement its rates, features of service, products and Service Conditions without notice. Copies of current Service Conditions may be obtained by contacting ACS, INC.
Rates and service quotations by our employees and agents will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered and the application of the Service Conditions herein. Any conflict or inconsistency between any other written or oral statements concerning the rates, features of service, products and Service Conditions applicable to ACS, INC. service will be controlled by the ACS, INC. Waybill and these Service Conditions, as modified, amended or supplemented by ACS, INC. from time to time. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED. Monetary amounts stated in these Service Conditions refer to U.S. dollars.
ACS, INC. Waybill
The terms and conditions of the ACS, INC. freight waybill tendered by the carrier selected by ACS, INC. for pickup shall serve as a receipt for goods and shall contain the terms and conditions set forth hereto in. These service terms and conditions, and the terms and conditions of the ACS, INC. waybill shall apply.
Other Bills of Lading or Shipping Documents
Any bill of lading or shipping document which is inconsistent with the transportation contract and receipt for goods published in these Service Terms and Conditions shall be executed for convenience only and shall be invalid to the extent it conflicts with the terms and conditions. Driver employees of ACS, INC. are not authorized to bind ACS, INC. or its carriers to different terms and conditions.
These service conditions and limitations shall apply notwithstanding the issuance of any other air waybill or bill of lading by any party tendering a shipment to carrier. The party tendering shipments to ACS, INC. shall indemnify and hold ACS, INC. and its carriers harmless from any demand or obligation which exceeds those set forth herein.
Definition of Parties
“Shipper” means any and all entities tendering shipment to ACS, INC. for carriage, including entities physically tendering shipment and entities on whose account shipment is to be made. "Shipper" means the person or entity with whom the shipment originates, and whose name is listed on the freight.
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, air freight forwarders, property brokers, surface forwarders / consolidators, customs brokers, and other logistics providers who tender shipments to ACS, INC.. 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.
The term “Customer” has used herein shall include any shipper, air freight forwarder, property broker, surface forwarder/consolidators, customs brokers, or other third party tendering shipments to ACS, INC.. Where any intermediary, other than the beneficial owner of the freight, tenders shipments to ACS, INC., 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 under contract with ACS, INC. into whose care, custody and control shipments shall be tendered by ACS, INC. subject to these service conditions.
Customer and Shipper Warranties
Any party tendering shipments to ACS, INC. which is not the beneficial owner of the goods represents and warrants to ACS, INC. that it is authorized by the beneficial owner, shipper or consignee to be named on the bill to tender the shipment to ACS, INC. and to bind its principal to the terms and conditions of these Service Conditions. Any such customer, when tendering cargo to ACS, INC., further agrees to indemnify and hold harmless ACS, INC. from any claim that it lacked authority to bind its principal to the terms and conditions set forth herein, including limitations of liability.
Hazardous Material Warranties
Shipper and customer certify that all shipments shall be acceptable for transport under U.S. DOT and FAA regulations based upon mode selected and reflected on the shipping documents. The hazardous nature of any shipment tendered to ACS, INC. shall be properly identified at time of booking and shall be properly reflected on the shipping documents at time of pickup by ACS, INC.
Customer and Shipper agree to indemnify and hold harmless ACS, INC. and its transportation service providers from all claims, fines, and liabilities arising out of their individual and collective failure to properly tender, label, identify or tender hazardous material for transport.
Air Cargo Compliance
We will only accept shipments having a prior or subsequent movement by air from direct and indirect air carriers, subject to regulation by the Transportation Security Administration. All customers tendering air freight to us warrant compliance with TSA safety protocols and agree to indemnify and hold us and our subcontractors harmless from any breach in such compliance. We submit to a standard safety protocol designed to feasibly meet the security requirements of the multiple customers we serve. Prior to utilizing our service for ex-air moves, customers are advised to contact our Director of Security at 253-395-3501 to obtain information concerning our security protocols and to ensure that the supply chain is not compromised.
Liability for Freight Charges
Subject to its sole discretion, ACS, INC. shall extend credit to qualified customers and may by agreement initially bill an intermediary, the named consignor, or the named consignee on the air waybill. All freight charges shall be paid within thirty (30) days of invoice without offset. Invoices not paid within thirty (30) days shall be subject to interest at the rate of one and a half percent (1 ½%) per month until paid. If collection efforts are required by ACS, INC. to collect any amount due, collection fees at the rate of one-third or three hundred USD ($300), whichever is less, shall apply. ACS, INC. does not employ other intermediaries as its agents to solicit shipments and bills such parties as a disclosed agent of the shipper who guarantees payment upon default of its disclosed agent, ACS, INC. acquires recourse to the consignor and consignee under the shipping documents in the event freight charges are not paid. ACS, INC. reserves the right to demand prepayment of charges.
ACS, INC. reserves the right to demand prepayment of charges by bank check or money order on any shipment. A twenty-five USD ($25) fee will be applied for any check dishonored due to insufficient funds or incorrect or insufficient signature of the drawer.
Send remittance to:
(Via U.S. Postal Service) (Via overnight letter, etc.)
ACS, INC.
22140 76th Ave. S.
Kent, WA 98032
ACS, INC. shall have a lien on all shipments in its possession, whether actual or constructive, tendered to it by the shipper for any and all amounts due it by the shipper. This shall be a general lien on all shipments in its possession tendered by the shipper, and not limited to a specific lien on shipments for which charges are due. Enforcement of liens may be on any commercially reasonable terms.
ACS, INC. reserves recourse to the shipper and the beneficial owner of goods for payment of freight charges in the event of default by the party tendering the shipment to ACS, INC. for transport.
ACS, INC. Warranties
ACS, INC. warrants to Shipper that it will meet the following criteria:
Carrier shall have all risk cargo insurance in the amount of not less than $100,000 per shipment;
Carrier shall maintain public liability insurance in the amount of not less than $1,000,000 as required by federal regulations (BMC-91X on file);
Carrier shall maintain workers compensation insurance as required by state law;
Carrier shall provide certificates of insurance upon request;
Carrier is authorized by U.S. DOT to provide proposed services;
With respect to air cargo, all carriers have subscribed to a uniform safety and security protocol;
Upon payment of freight charges to it, ACS, INC. warrants that all third party carriers will be paid in full.
Weights and Measures
Unless specifically otherwise agreed to in writing, ACS, INC. retains the right to reweigh and/or measure, for the purpose of applying correct charges, any shipment(s) at any time while in ACS, INC.’s custody and control, and to collect the appropriate charges without first advising, reporting back to, pre-alerting, or otherwise notifying the Shipper, Consignee or other interested party. ACS, INC. reserves the right to assess transportation charges based on volumetric standards. Dimensional weight pricing is applicable on all shipments with a total volume of more than 194 cubic inches.
Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by 194. The dimensional weight of each package in the shipment is added, and the total dimensional weight of the shipment is then compared to the actual weight of the shipment. If the dimensional weight exceeds the actual weight, transportation charges for the shipment are based on the dimensional weight.
Cargo Loss or Damage
Liability for loss or damage is applicable to ACS, INC. and its carriers. ACS, INC. arranges for transportation of all surface moves which may be governed by 49 U.S.C. '14706 and for movements having a prior or subsequent movement by air and other shipments which are exempt from federal statute.
As is customary in the expedited freight industry, ACS, INC. follows simplified rating procedures predicated upon a release rate evaluation of 50 cents per pound per article. Unless otherwise noted and agreed to in writing, this limit of liability shall apply to all shipments tendered to ACS, INC. and shall limit ACS, INC’s liability pursuant to arrangements made by ACS, INC. In order to ensure strict compliance with surface transportation statutes, ACS, INC.’s customers are allowed to choose an alternative higher limit of liability.
In the absence of declared value, the liability of ACS, INC. and its transportation service providers shall be 50 cents per pound for that part of the shipment damaged or lost, but not less than fifty USD ($50) per shipment. The weight used to determine the limit of liability shall be the same that is used to determine the freight charges of the shipment. In the event that the weight of a lost or damaged article cannot be determined and the lost article was part of a larger shipment, an average weight of each piece may be used in the settlement of the claim. Such average will be determined by dividing the weight by the total number of pieces in the shipment. Shipments with a declared value in excess of fifty cents ($0.50) per pound or fifty USD ($50) per shipment, whichever is greater, shall be subject to increased freight charges. Any shipment with a declared value of in excess of $25,000 which is inadvertently accepted without prior written approval of a ACS, INC. corporate officer will be released to a maximum of two dollars fifty cents USD ($2.50) per pound and subject to the surcharge provided for herein.
In the event the party tendering shipment to ACS, INC. is obligated for greater limits of liability pursuant to a through air bill by contract or otherwise, it shall assume sole responsibility for the liability to the extent it exceeds the agreed release rate and shall indemnify ACS, INC., and shall waive subrogation with respect to any insurance purchased to provide excess liability coverage.
Commodities Not Accepted for Transport
Items of a fragile nature shall not be accepted for carriage unless agreed to in writing with by a ACS, INC. corporate officer. Such items shall include but not be limited to: statues of any kind, antiques of any kind, glass, crystal ware, glass bottled goods, china, audio and / or video equipment of any type, cameras, clocks, stoneware, pottery, earthenware, marble and marble tiles, lighting fixtures with or without bulbs, display booths or cases which include lighting fixtures with or without bulbs, paintings and artwork, electric bulbs, vacuum flasks, vitreous enameled objects, cast iron objects, bricks, firebricks, crucibles, asbestos, cement products, carborundum wheels, and radio/TV/cathode ray and similar transmitting or receiving tubes. Hazardous materials shall not be accepted for carriage under any circumstances. Items of a fragile nature that may be inadvertently accepted without the written approval of a ACS, INC. corporate officer shall still be subject to all terms and conditions, including but not limited to limitation of liability, whether or not any declared value is made.
Reasonable Dispatch
No time is fixed for the completion of carriage, and ACS, INC. shall not be liable for any loss or damage caused by failure to commence or complete carriage within a certain time. ACS, INC. assume no obligation to carry goods over any particular route. ACS, INC. assume no obligation to carry the goods in any particular vehicle, and are authorized to select alternate means of transportation and deviation from route without liability.
No Special Damages
ACS, INC. shall not have any liability for any special or consequential damages. All terms and conditions of the standard waybill attached hereto as Appendix A shall apply. Shipments which do not have a prior or subsequent shipment by air shall be governed by the Carmack Amendment, 49 U.S.C.14706 and the released rate provisions contained herein shall be construed as complying with the notice, election of rates and other requirements.
Claims Handling-Time Limits and Procedures
Cargo claims for loss or damage of surface transportation moves must be filed within 9 months in accordance with 49 C.F.R. 370. The statute of limitation for filing suit shall be 2 years and 1 day after issuance of written denial. For shipments having a prior or subsequent movement by air, the deadline for instituting suit shall be 1 year after the claim is denied in whole or in part. All claims should be sent to ACS, INC. in writing via certified mail or the like at 22140 76th Ave. S. , Kent , WA 98032 .
No claims shall be considered and no claims shall be paid unless and until all transportation charges have been paid and customer agrees that cargo claims cannot be offset against freight charges.
General principles of federal transportation law shall apply and any action against ACS, INC shall only be brought on State Court or Federal Court (where applicable) having jurisdiction in King County ,Washington. In addition to the released evaluation agreed to pursuant to these terms and conditions, Customer agrees that any lower limit of liability agreed to between the Shipper and the logistics provider which retains ACS, INC. shall apply and that no party shall seek to recover from ACS, INC. a greater sum than any limitation agreed to pursuant to a through bill of lading. Where a forwarder, broker, or logistics provider tendering traffic to ACS, INC. has agreed to higher limits of liability with its shipper, in tendering shipments to ACS, INC., it agrees that the maximum liability of ACS, INC. shall not exceed the released rate limitation set forth herein and that it will indemnity and hold harmless ACS, INC. from all claims, including attorney’s fees in the event that amounts greater than agreed to herein are sought.
Exceptions from Liability
Without waiver of any other provision of these terms and conditions, ACS, INC. shall not be liable for any damage or loss of any nature caused by
(a) acts of God, public enemy, or public danger incident to a state of war;
(b) Any default of the shipper or consignee;
(c) The nature of the shipment, or any defect, characteristic or inherent vice of the shipment;
(d) Violations by the shipper or consignee of any conditions of these terms and conditions;
(e) Compliance with laws, governmental regulations, orders or requirements of any jurisdiction;
or
(f) Any other cause beyond the control of ACS, INC.
Miscellaneous Terms
If any provision or provisions of these terms and conditions shall be unenforceable, all remaining provisions shall remain, 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 as posted at www.action-sea.com, and shall also be available upon request. The version of these terms and conditions in effect as of the date the shipment is tendered to ACS, INC. shall be the applicable version. The ACS, INC. website at www.action-sea.com is for the convenience of ACS, INC. customers, and shall be subject to its terms of use, and shall not affect these terms and conditions.
Assembly and Set-Up Services
In addition to point-to-point transportation to be provided pursuant to the rates and schedules set forth herein or as otherwise agreed in writing, ACS, INC., upon shipper’s request and for charges to be determined, may provide inside delivery and setup of cargo. When such service is rendered, the consignee shall first sign carrier’s bill of lading, noting any damage to external packaging prior to unpacking. Signature without notification or exception shall constitute prima facie evidence that the shipment was not damaged in transit. Then, if during the un-packaging of goods, concealed damages are found, the consignee shall note such concealed damages on the house waybill and shall contact the shipper immediately. Shipper acknowledges that ACS, INC. does not pack goods for transportation or inspect shipments prior to acceptance of goods into the carrier’s care, custody and control. Accordingly, shipper shall have the burden of proof to demonstrate that any concealed damages were caused by shipper negligence.
Air Cargo Rules and Security Protocol
ACS, INC. is not an entity subject to direct regulation by the Transportation Security Administration. All shipments having a subsequent movement by air cargo must be tendered to ACS, INC. by direct air carriers or indirect air carriers (IACs) who accept TSA responsibility for the shipment. ACS, INC. subscribes to a uniform security protocol which has been approved by existing customers. A copy of this protocol is available for review and incorporation by qualified IACs and other regulated parties.
In tendering air cargo shipments to ACS, INC., the customer certifies that it is in compliance with TSA security requirements and that the services of ACS, INC. are those of a non-exclusive ground service agent.