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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.
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.
Each party irrevocably and unconditionally agrees that if will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, annexes and appendices attached to this Agreement, and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the courts of Los Angeles County, California, and any appellate court from any thereof. Each Party irrevocably and uncoditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the Los Angeles County, California. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusinve and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.