Terms And Conditions

     Our customer services:

a)    At BAH Logistics, we provide a variety of services to our valued clients. Our trusted network of carriers allows us to coordinate the transportation of their consignments, ensuring that we always follow the terms we have agreed upon. It's important to note that we reserve the right to accept or reject any orders at our discretion, regardless of timing. Our commitment to providing exceptional service to our customers remains unwavering

b)    Customer acknowledges that BAH Logistics is a transportation broker, not a carrier or transporter.

c)    The customer must explicitly acknowledge and consent that BAH Logistics never takes physical custody of, conveys, or manipulates their consignment. As such, they never assume any liability for it.

d)    Kindly be aware that when you opt for ocean transportation services through BAH Logistics, you will need to adhere to the stipulations outlined in the bill of lading, tariff, schedules, rates, and regulations of the ocean carrier. It's essential to be aware that ocean carriers provide only limited liability coverage for any potential loss or damage during transit. Therefore, we strongly advise reaching out to the ocean carrier to explore the option of acquiring supplementary insurance coverage to guarantee the comprehensive protection of your shipment.

e)    We always aim to provide our customers with pickup and delivery schedules. However, we understand that unexpected delays can happen before or during the transport due to factors beyond our control, like inclement weather, road conditions, regulatory changes, mechanical anomalies, and other unforeseen occurrences. Therefore, we do not guarantee specific delivery dates or times. We encourage our customers to understand and accept that BAH Logistics cannot be held liable for any losses or expenses incurred as a result of such unforeseen delays.

 

 Customer Obligations and Responsibilities:

a)    Customers must ensure the accuracy of shipment details, like its year, make, model, and origin/destination, on both order confirmation and the carrier's bill of lading. Changes or errors could lead to extra charges or order cancellation. Bah Logistics won't be liable for differences.

b)    If the shipment details don't match the order confirmation, Bah Logistics isn't responsible for extra costs or order cancellation. Additionally, if the shipment becomes inoperable or falls into specific categories (altered from OEM, oversized, or large vehicles), extra fees or refusal may occur.

c)    It is the responsibility of the customer to ensure that the shipment is prepared for transport before handing it over to the carrier. The customer should check if there are any loose components, delicate accessories, protruding spoilers, or any other similar items, such as non-permanent exterior-mounted luggage racks that may come off during transport. Also, the shipment must be presented to the carrier in an operable state with no more than a quarter tank of fuel.

d)    It is vital to understand that any damages, losses, or claims that arise from components of the shipment that come loose or detach during transport are the responsibility of the customer. These damages may affect other vehicles or individuals in any way. Therefore, it is highly recommended that the customer takes the necessary precautions to ensure the shipment is secure before handing it over to the carrier.

e)    When shipping items, it is the customer's responsibility to disable any alarm systems in the shipment or provide clear instructions to the carrier on how to do so. In case the alarm system is triggered during transport and the carrier doesn't have any instructions or keys to deactivate it, they may use reasonable methods to silence the alarm. In such a scenario, the customer won't have any recourse available to them.

f)     For personal belongings, the customer is allowed to include personal property not exceeding 150 pounds (150 lbs.) confined to the trunk or storage area of the shipment. The customer must notify BAH Logistics about the personal belongings in the shipment at the point of origin before loading. The customer needs to understand and accept that the carrier has the right to reject any personal property in the shipment if it poses a safety risk or violates legal regulations. It is strongly advised not to leave negotiable instruments, legal documents, jewelry, money, cash, antiques, or valuables in the shipment. The customer is aware and understands that neither the carrier nor BAH bears responsibility for personal items of any nature in value left in the shipment or for any damage to the shipment due to the improper loading of personal items. Any inclusion of personal property in the shipment is entirely at the customer's own risk.

g)    Please be informed that there are specific items that we do not allow to be shipped. These items include explosives, firearms, ammunition, weapons, flammable materials, live animals, live plants, drugs, alcohol, or any other illegal goods. It is important to note that if these items are discovered in your shipment, they will be confiscated or disposed of by law enforcement or the carrier. Additionally, the order may be fully cancelled without any reimbursement or compensation to the customer. Please take note that you will be solely responsible for any associated fees, fines, damages, or liabilities stemming from a breach of this section.

 

Customer Warranties and assurances.

As a responsible customer, it is crucial to understand and comply with all legal requirements in the shipment process. You must pledge to adhere to all pertinent statutes, directives, and provisions, including custom regulations and import/export laws, as well as the governmental oversight of any state through which your shipment passes. It is also your responsibility to provide all necessary information and documentation to ensure compliance with these legal requirements. Please note that BAH Logistics is not responsible for any losses or expenses incurred as a result of the failure to meet those obligations. This applies to both you and any other individuals involved in the shipment process. Additionally, it is crucial that any other agent or entity representing you has the legal authority to act on your behalf and legally obligate you to all contractual matters. By adhering to these guidelines, you can ensure a smooth and successful shipment experience.

 

Responsibilities in Shipment Transit.

Please acknowledge the following information regarding the shipments pick up and drop off. The customer understands and accepts the possibility of needing to modify the point of origin or destination due to various factors, such as municipal zoning restrictions, road closures, poor road quality, trees and wires obstructing the path, narrow streets, and limitations within residential areas.

 

a)    If the carrier cannot access the pickup or delivery location, the customer must arrange a new meeting point for a secure shipment transfer.

b)    When picking up a shipment at the point of origin, the customer or their designated representative must take the following steps:

 

1. Carefully inspect the shipment with the carrier to identify any pre-existing damages.

2. Formally document the condition of the shipment by recording any existing damage on the carrier's form or bill of lading.

3. Append their signature to the carrier's bill of lading.

4. Request a copy of these records from the carrier.

To ensure a complete record, it is highly recommended that the customer or representative visually documents the shipment from multiple angles at the origin.

 

c)    Upon arrival of the shipment at its destination, the customer or their representative is required to thoroughly inspect the shipment in the presence of the carrier. Any damages found must be meticulously documented as exceptions on the bill of lading. The customer must sign the bill of lading and insist on receiving a final copy that is also endorsed by the carrier. This copy serves as a conclusive report of the shipment's condition, particularly in the event of a dispute with the carrier. It's crucial for the customer to visually record the shipment from all directions and points before finalizing the bill of lading.

d)    The customer acknowledges and accepts that if they or their representative endorse the carrier's form or bill of lading at the destination without noting any damage, regardless of the current lighting or weather conditions during the inspection, it signifies their affirmation that the shipment was received at the destination in a satisfactory state. As a result, Bah Logistics and the carrier shall bear no further responsibility.

 

Duties of Carriers

As a transporter, the carrier has certain obligations towards the customer. Firstly, the carrier must undertake the collection and delivery of the customer's shipment in the surrounding area

of the customer's residence or at the point of origin and destination, while strictly adhering to all applicable safety regulations. Secondly, the carrier must execute the transportation of the shipment with due diligence and in accordance with commercial practices.

 

Additionally, the carrier may furnish a carrier form, receipt or bill of lading at the point of pickup and delivery. It is the responsibility of the customer to review the carrier form carefully, as it can potentially comprise a provide agreement for the transportation contract between the customer and the carrier. If there are any concerns or inquiries related to these documents, they should be directly addressed with the carrier.

 

Furthermore, the customer must comprehend and agree that they may be subject to the carrier's terms and conditions of service tariffs, rules, or classifications. It is the responsibility of the customer to obtain copies of these provisions directly from the carrier.

 

Financial Pricing and Settlement

a)    The customer is responsible for making full payment for every order and any additional services in accordance with the stipulations outlined in the order confirmation and these terms. The customer must not make any deductions, chargebacks, or reductions regardless of any actual pending or unfiled claims, losses, delays, or damages. Payment for the services is expected upon the carrier's acceptance of an order, marking the completion of BAH Logistics services.

b)    If any COD payments are owed to the carrier, the customer must provide settlement in the form of cash, certified funds, cashier's check, or a money order payable to the carrier on or before the shipment's delivery. The use of personal checks, debit, or credit cards for payments to the carrier is prohibited.

c)     If the shipment is deposited into storage due to the customer's refusal to settle fees or accept delivery from the carrier for any reason, the shipment may be stored at the customer's expense. The carrier has a lien for transportation costs until the balance is fully settled. The customer is responsible for any storage and redelivery expenses and agrees not to seek reimbursement from BAH in this regard.

 

Order Cancellation:

a)    If the customer pays the amount to us and later decides to cancel the order (before picking up the shipment), they need to inform us at least 12 hours prior so that we can refund them the amount.

b)    If the shipment was already assigned to a carrier, the customer should understand that BAH Logistics has the right to keep $100 as a cancellation fee and refund the remaining amount paid by the customer.

c)    If the shipment was already picked up, the customer has no right to cancel the shipment. In this case, BAH Logistics can keep the full amount paid by the customer.

 

Refunds for Unfulfilled Services:

If a Customer has paid for Additional Services that were not provided for any reason, and the Shipment has been successfully delivered, the Customer can receive a refund for the unfulfilled portion of the Additional Services fees.

 

Cancellation Procedures:

Customer-initiated cancellations must be communicated formally via email to. [email protected] BAH Logistics will not accept cancellations made through telephone calls, text messages, chats, or any other communication medium.

 

Claims for loss damage or delay.

In case of loss, damage or delay to your shipment, it's important to understand the liability and reporting process. As a property transportation broker, is not responsible for any cargo loss or damage claims.

In the event of a claim, the carrier is solely responsible for all such claims, not BAH Logistics.

Therefore, it's crucial that you directly file the claim with the carrier who transported your shipment.

If you decide to pursue a claim against the carrier, you must notify within forty-eight (48) hours following the delivery. This will allow to provide you with the necessary documents related to the carrier.

 

It's crucial to emphasize that when it comes to filing claims against motor carriers, they fall under the purview of federal regulations, specifically the Carmack Amendment to the ICC Termination Act of 1995, which is enshrined in 49 U.S.C. §14706. On the other hand, claims against ocean carriers are typically subject to the jurisdiction of the Carriage of Goods by Sea Act, as outlined in 46 U.S.C. §30701. To navigate the complex legal landscape inherent to these regulations when pursuing a claim, it is highly recommended that you engage the services of independent legal counsel, at your own cost, in order to fully comprehend the intricacies of these laws.

 

Please be aware that neither BAH Logistics nor the carrier can be held liable for cargo loss or damage resulting from events beyond their control. This includes damage caused by factors such as adverse weather conditions (including hail and storms), civil unrest, strikes, acts of terrorism, wear and tear, or damage to parts of the shipment, as well as personal items within the shipment.

 

Customer's Obligation to Indemnify

Indemnification Clause: The responsibility for all outstanding charges related to the shipment, as outlined in the Terms and Conditions, rests upon Customer, Consignor, and Consignee collectively and individually. They shall promptly settle these charges and, in addition, provide indemnity to BAH Logistics for any claims, fines, penalties, damages, expenses (including storage, handling, re-routing, or return of freight to the shipper, and so forth) whether they are actual, potential, threatened, or pending, or any other financial obligations that may be incurred by BAH Logistics due to a breach of the Terms and Conditions or any other failure on the part of Customer, Consignor, or Consignee.

 

Disclaimer and Limitation of Liability

a)    The Cumulative Liability Constraint is an important clause that limits the financial responsibility of BAH Logistics in case of any claims or damages. This constraint ensures that BAH's total progressive liability for any legal basis, including statutes, contracts, or torts, will never exceed the fees paid by the Customer for BAH's services as agreed upon in the corresponding Order Confirmation.

b)    Warranty Disclaimer:

Please note that except as explicitly stated in this document, BAH Logistics does not offer any warranties related to its services and, therefore, disclaims any warranties or representations, whether expressed or implied. These disclaimers include any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or use, and any warranties arising from the course of dealing, customary practices, or trade practices.

c)    Exemption from Varied Damages:

BAH Logistics will not be held responsible or liable for any direct, indirect, incidental, or consequential damages caused by a shipment, under no circumstances whether it be losses to businesses, lost profits, legal disputes, or similar issues. This also includes special, exemplary, punitive, or other damages, regardless of the legal theory behind them, that are related to a shipment or these terms. Even if BAH Logistics was informed of the possibility of such damages, they will not be held responsible.

 

Use of name and logo

Unless agreed in writing, Customer agrees that Company may use Customer's name, logo, trademark and/or domain name in marketing, advertising and/or promotional materials or communications.

 

Ownership of intellectual property 

The Company reserves all ownership rights, including but not limited to title, intellectual property rights and all other patentable interests in or owned by BAH Logistics and all related elements, including reproductions of the Site. All content on the site, including but not limited to trademarks and logos, designs, text, graphics, sounds, images, software, source code and additional materials, is acknowledged as intellectual property of BAH Logistics and any copying, reproduction or distribution without them. is strictly prohibited. BAH Logistics written permission, expressed in written consent.

 

Arbitration and Dispute Resolution 

a. Arbitration: Any debate, disagreement, or lawsuit arising between the parties about these terms, an Order, BAH Logistics services, or any other interaction between BAH Logistics and the Customer shall be resolved through binding arbitration, instead of through the court system. This, of course, bans the opportunity of either the Customer or BAH Logistics either submit claims in small claims court if they meet the criteria or take legal action in a court with jurisdiction to prevent the violation or misusage of intellectual property rights, including the distribution of temporary restraining orders. The rules and regulations set by the Federal Arbitration Act and federal arbitration law shall govern this arbitration agreement.

 

Arbitration does not involve the existence of a judge or jury, and the review of an arbitration decision by a court is limited. However, an arbitrator can provide the same remedies and relief as a court, including injunctive and declaratory relief, as well as statutory damages.

To initiate an arbitration procedure, the Customer must, at least thirty (30) days before starting arbitration, send a personalized letter, personally signed, identifying themselves, their legal claims, the requested relief, and a request for arbitration to BAH Logistics 6333 Coldwater Canyon Ave #10, North Hollywood, CA 91606, via certified mail, Federal Express, UPS, or USPS express mail (with a signature requirement). BAH Logistics will return in kind unless we lack a physical address for the Customer, in which case we will use the last known email address. Unless stated otherwise, the arbitration will be carried out by the National Arbitration Mediation (NAM) under its rules, including provisions for Consumer-Related Disputes. The issue of arbitrability will also be delegated to an arbitrator. Payment of administrative and arbitrator fees will adhere to NAM's rules, with the filing party covering all filing fees. If the Customer prevails, they may seek reimbursement of their fees and costs, but BAH Logistics may seek our attorney's fees and costs if the arbitration deems the Customer's claims frivolous. The arbitration will involve a single arbitrator, not a panel. The Customer can choose to conduct the arbitration by telephone, based on written requests, or in person in their residing county or at another mutually agreed location. If multiple disputes arise concerning the same or substantially similar issues, the respective claims will be arbitrated in the order they were filed, but all claims must be arbitrated within three (3) years. Importantly, this arbitration agreement will remain in effect even after the termination of these terms.

b. Class Action Waiver: Both parties agree that any dispute resolution proceedings or legal actions, whether through arbitration or in a court of law, will be exclusively conducted on an individual basis and not as part of a class or representative action. Therefore, the Customer forfeits the right to bring claims on behalf of a class of individuals. However, the Customer has the option to bring an individual claim for public injunctive relief and in small claims court. This condition does not restrict the parties from settling claims collectively or coordinating claims filed in arbitration.

c. Enforceability: If this arbitration agreement is invalidated in part or in whole, the parties concur that the exclusive jurisdiction specified in the section titled "Governing Law; Jurisdiction" below shall govern any court-based claims related to these terms.

d. Jury Trial and Small Claims Court: If, for any reason, a claim proceeds in court instead of arbitration, both parties relinquish the right to a jury trial. Furthermore, the parties mutually agree that either the Customer or BAH Logistics may bring a lawsuit in any court with jurisdiction to prohibit the infringement or misuse of intellectual property rights, including the issuance of temporary restraining orders.

 

Supplementary Provisions for Residents of California

a. Resolution of User Concerns: Pursuant to Cal. Civ. Code § 1789.3, California citizens have the privilege to be notified that they can document their situations and concerns with the Complaint Assistance Unit, a division of the California Department of Consumer Affairs. This can be done in written form, addressed to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, as well as via email at [email protected].

 

Appropriate Laws and Venue

The understanding of these terms will be carried out in obedience with Title 49, United States Code, and the governing laws of the State of Illinois, irrespective of any conflict of law doctrines. Additionally, the parties mutually consent to the jurisdiction of either a state or federal court within the State of Illinois for the goal of resolving any controversies, claims, or disagreements arising in association with these terms (including any disputes and claims of a non-contractual nature arising in connection with it) that are not compelled to undergo mandatory arbitration under Section 12 above.