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Terms and Conditions Print E-mail

SAME-DAY DISPATCH SERVICES

TERMS AND CONDITIONS OF BUSINESS

Garden State Express Transportation, LLC, Garden State Messenger (Courier Service NJ & Messenger Service NJ) here inafter called "Garden State" agrees to accept for transport and delivery your goods subject to the terms and conditions set forth below;

1. As the customer, you expressly warrant that you are the owner or the authorized agent of the owner of the goods or property to be transported and delivered and that you are authorized to accept the conditions set forth in this "terms and conditions" writing.

2. You shall comply with all applicable laws and government regulations including those related to packing and delivering of goods and you shall furnish such information and/or submit such documents as may be necessary in order to comply with such laws and regulations. Garden State shall not be liable to you for any loss or expense caused by your failure to comply with these provisions.

3. The customer warrants that all goods or property to be transported and/or delivered by Garden State shall be fit for the purpose of transportation or for any other purpose for which the goods have been delivered to Garden State.

4. You agree to indemnify, defend, and hold Garden State harmless against any claim, loss, damage, expense or injury arising from the nature or condition of the goods or property.

5. If Garden State agrees to accept dangerous goods for transport and delivery, such goods shall be accompanied by a written declaration of the nature and contents of the goods. The same shall be properly and safely packed in accordance with any relevant statute, rule or regulation. You agree to indemnify, defend and hold Garden State harmless from any loss, claim) damage, expense or injury arising out of the transport or delivery of dangerous goods. "Dangerous goods" shall be those goods or materials which are not readily accepted by United States railways, truckingcompanies, buses, or the like for conveyance on the ground due to their hazardous nature.

6. Garden State retains sole and absolute discretion as to the means, route and procedure employed in the transport and delivery, handling, storage and transportation of all goods and property.

7. Rates Quoted by Garden State for services are subject to change from time to time without prior notice.

8. Garden State's invoices are payable upon presentation but in no event later than 14 days after presentation.

9. Any amount owed by you but not paid to Garden State within thirty (30) days shall bear interest at a rate of 1.5% per month from the date the service was completed to the date the amount is paid by you. Garden State shall also be entitled to recover cost of collection incurred including, but not limited to, Court costs and reasonable attorney fees.

10. Garden State's liability for loss, damage, non-delivery or delay shall be limited to a maximum of $100.00 per engagement, An engagement shall include the transport and delivery of goods carried for you at one time in one load from one address to another in one or more packages. This limitation of liability shall apply even if the loss or damage and the like was caused by the negligence of Garden State or its agents or employees. In no event shall Garden State be responsible for consequential damages (e.g. loss of profit, loss of customers, third-party expense due to delay, loss of reputation, etc.), Payment of the $100.00 per engagement claim shall be made only upon receipt by Garden State of proof of actual monetary damage suffered. Receipt by the person entitled to the delivery of goods without written complaint within 48 hours of delivery shall be prima facia evidence that the same were delivered in acceptable condition and in accordance with the contract between you and Garden State. If Garden State fails or refuses to pay any allowable claim (i,e, maximum of $100,00 per engagement), you may sue Garden State but you must do so within one (1) year of the transport and delivery of the goods or you shall be forever barred from bringing suit. Garden State shall not be responsible for any loss, damage, non-delivery, mis-delivery or delay which is not their fault including, but not limited to that which arises from the following:

  • (a) road or traffic conditions;
  • (b) weather conditions;
  • (c) wear and tear to goods or property caused by natural deterioration or damage caused by vermin;
  • (d) earthquake, war, terrorism attack, strikes, riots, criminal activity or civil unrest;
  • (e) seizure of goods or property pursuant to legal process;
  • (f) improper packing;
  • (g) act or omission on your part or on the part of your agents or employees;
  • (h) insufficient or improper labeling or addressing; failure of third party to accept delivery of the goods and materials.

11. Any disputes arising under or in connection with these terms and conditions shall be governed by the laws of the State of New Jersey and shall be decided by arbitration only. The parties shall employ the services of the American Arbitration Association to resolve the dispute, if the American Arbitration Association no longer exists at the time of the dispute, the parties shall be obligated to select a similar independent arbitration body. 12. Garden State is not a "common carrier" and goods and property need only be accepted subject to the terms of this writing.