CUSTOMER CONTRACTUAL AGREEMENT AND GENERAL TERMS
These terms and conditions (“Terms”) of service are effective immediately and are subject to change without notice. These Terms supersede and replace all previous Terms published by Streamline Delivery Service of NY Inc. Please read our Terms carefully because they affect your legal rights.
The following Terms shall apply to all services performed by Streamline Delivery Service of NY Inc and shall be binding on all customers, shippers, importers, exporters, senders, receivers, owners, consignors, consignees, and all other parties (“Customer”) to whom Streamline Delivery Service of NY Inc provides services to as described in these Terms. These Terms shall constitute a binding contract on the Customer described above to whom Streamline Delivery Service of NY Inc provides services. These Terms supersede and negate any claimed, alleged or asserted oral contract, promise, representation or understanding among the Customer with respect to services performed.
All quotes for service are subject to change without notice unless specifically agreed to in writing between the Customer and Streamline Delivery Service of NY Inc. Additional fees may be assessed if the shipment weighs more than the value entered by the Customer or if the dimensions are larger than the value entered by the Customer or if the shipment distance is greater than the Customer selected for the quote. Quotes for insurance is provided by the Insurance Company and is subject to their changes.
By acceptance of the quote to use Streamline Delivery Service of NY Inc, Customer agrees to these Terms. Only prior written consent from Streamline Delivery Service of NY Inc can modify these Terms.
All Customers acknowledge that they are not shipping any PROHIBITED items. All Customers are PROHIBITED from shipping any of the following items:
- Any tobacco product or alcohol beverage or any other product or beverage that is regulated by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB).
- Any Dangerous Goods or Hazardous Waste under Title 49 of the Code of Federal Regulations, ICAO/IATA.
- Money, including, but not limited to, cash, coins, currency, postage stamps, negotiable instruments, money orders and any of the like or equivalent.
- Live animals or animal carcasses, however this does not apply for products intended for human consumption.
- Human remains, including, but not limited to human body parts.
- Counterfeit goods, including, but not limited to knock-offs or fake goods under Trademark that are identical or substantially indistinguishable from a registered trademark.
- Common Fireworks.
- Weapons and other Firearms.
- Items that require Streamline Delivery Service of NY Inc to obtain a local, state, or federal license for their transportation.
- Anything illegal, including, but not limited to contraband, marijuana, and other recreational drugs.
WARRANTIES AND LIABILITIES AND LIMITATIONS OF LIABILITIES
The Customer agrees that Streamline Delivery Service of NY Inc is not liable for the loss or damage of any PROHIBITED item. The Customer agrees to indemnify Streamline Delivery Service of NY Inc for any and all costs, including, but not limited to, legal costs, fees, and expenses that Streamline Delivery Service of NY Inc incurs as a result of Customer’s violation of any local, state, or federal laws or regulations as a result of shipping any PROHIBITED item.
Customer provides WARRANTY to Streamline Delivery Service of NY Inc that it will not ship any of the PROHIBITED items listed above; it is the owner or authorized agent of the owner of the goods and accepts the Terms not only for itself, but also as an agent on behalf of the owner; all goods are properly marked and or labeled; all goods are properly prepared and packaged to protect the goods from loss or damage; and agrees to comply with all applicable laws of any jurisdiction to, from, or through which the shipment may be carried.
Streamline Delivery Service of NY Inc has the right to inspect or weigh any shipment. Based on a good faith determination of the shipment, Streamline Delivery Service of NY Inc can refuse to carry the shipment if Streamline Delivery Service of NY Inc suspects a PROHIBITED item is in the shipment or any applicable law will be violated. Furthermore, all shipments may be subject to inspection by Government Officials or other individuals who are authorized by the government to inspect shipments. No liability shall be incurred by Streamline Delivery Service of NY Inc for any of the above inspections.
Streamline Delivery Service of NY Inc shall not be liable for any loss, damage, non-delivery caused by:
- Acts of God, war, threat or acts of terrorism, riots, strikes, weather conditions, public authorities acting within actual or apparent authority, or any other authority of law.
- Shipment of PROHIBITED items.
- Violation of the Customer to observe any of the rules contained in these Terms.
- The loss of any personal or financial information
- Loss or irretrievability of data stored on storage mediums
The liability for loss or damage claims for a shipment that does not have an insured value or declared value will be limited to up to $25 per shipment box or the fair market value of the items, whichever is less. If insurance is purchased by the Customer for the shipment and a claim is made through the Insurance Company, then the Insurance Company will be liable to the Customer and no liability will be incurred by Streamline Delivery Service of NY Inc. The Customer will have the option of purchasing insurance at the time they accept the quote for services.
All Claims for loss or damage for a shipment must be filed in writing and sent to Streamline Delivery Service of NY Inc. If a claim for loss or damage is not filed within 10 days from the scheduled date of delivery, Streamline Delivery Service of NY Inc shall not be liable for any claims and no further action may be brought again Streamline Delivery Service of NY Inc in any court of law.
Streamline Delivery Service of NY Inc can deliver the shipment by any means, routes, and method that it sees fit unless instructions were given beforehand by the Customer in writing and these instructions were agreed to by Streamline Delivery Service of NY Inc. The dimensions and weight of the shipment must be specified on the Bill of Lading. Any special handling instructions must be given in writing to the Streamline Delivery Service of NY Inc.
Due to our business model, Streamline Delivery Service of NY Inc will only provide a FULL REFUND if cancellation is requested 3 hours or more prior to the scheduled delivery service. If cancellation is requested less than 3 hours of the scheduled delivery service, Customer will be charged CANCELLATION FEE of 25% of the original price.
IMPORT AND EXPORT COMPLIANCE
Streamline Delivery Service of NY Inc and Customer will comply with all applicable import and export laws of the United States.
CHOICE OF LAW
Streamline Delivery Service of NY Inc and Customer agree to the application of the laws of the State of New York to govern, interpret, and enforce all of the parties’ respective rights, duties, and obligations arising from, or relating to, the subject of these Terms, without regard to conflict of law principles. Streamline Delivery Service of NY Inc and Customer hereby agrees to waive its rights to a jury trial.
If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of Streamline Delivery Service of NY Inc and Customer, in which case the entirety of the relevant clause will be deemed to be deleted.
Only a signed written agreement between Streamline Delivery Service of NY Inc and Customer can modify these Terms.