Terms & Conditions

Last updated: October 01, 2023

1) Unless otherwise agreed to by the parties in writing, the terms and conditions of this Bill of Lading (hereinafter referred to as the Bill of Lading) and Spin Freight Services, Inc.’s tariffs, pricing schedules, terms, conditions and rules, which are not subject to modification unless agreed to by the parties in writing, in effect on the date of the shipment shall apply.

2) Carrier shall not be liable for any failure to perform any of its respective obligations under the Bill of Lading or for loss, damage, injury or delay to any of the goods described in the Bill of Lading resulting from Acts of God, public enemy, authority of public authorities, law, riots, strike, other work stoppage or labor unrest, a defect or inherent vice in the goods, acts or omission of customs officials, authority of law, quarantines, civil commotions or hazardous incidents to a state of war, compliance with laws, government regulations, orders or requirements, act or omission of Shipper, Consignee, or owner of the goods, or any cause beyond Carriers control.

3) Payment terms are net due on receipt. The Shipper agrees by signing the Bill of Lading to be liable for all unpaid charges payable on account of shipment if unable to collect from Third Party or Consignee within 30 days.

4) Instructions for completing the Bill To section: To request that the invoice be sent to an address other than that provided for either the Shipper or Consignee, the Bill To section must be completed. Completing the Bill To section does not relieve the Shipper, Consignee or any other party of joint and severe liability for the payment of charges.

5) The Shipper or Consignee shall be liable, jointly and severely, to pay and indemnify and hold Carrier harmless from all claims, fines, penalties, damages, costs, attorney fees, or other sums that may be incurred, suffered or dispersed for any violation of any terms contained herein or any other default of the Shipper or Consignee with respect to a shipment.

6) Shipments are subject to re-weigh.

7) Carrier is not bound to transport said property by any particular schedule, vehicle, or in time for any particular market or otherwise than with reasonable dispatch. Additionally, shipments may be delivered to other carrier as per tariff rule unless Shipper gives other instruction in writing hereon.

8) Shipments will be rated at the greater of dimensional or actual weight. If dimensional weight applies under tariff rule, show dimensions in inches on the Bill of Lading as Length X Width X Height = Cubic Inches.

9) Carriers Standard Limit of Liability: Carriers liability is limited to the lesser of 50 cents/pound or the actual value of each piece which may have been lost or damaged, up to $50.00 maximum per total shipment, and provided further than shipments must be properly packaged to withstand the normal hazards of transportation for any claim to be valid.

10) Excess Liability Coverage: For the purpose of requesting Excess Liability Coverage above the Carriers Standard Limit of Liability, additional charges will be assessed at $0.96 per $100.00 of the amount indicated in the Excess Liability Coverage Value box on the front of this Bill of Lading. Total amount of coverage may not exceed the lesser of the actual value of the goods or $250,000 per shipment unless otherwise agreed in writing. Any partial loss or damage for which the Carrier may be liable shall be adjusted pro rate on the basis of such valuation. There is a $100.00 minimum charge for Excess Liability Coverage.

11) In no event shall Carrier be responsible for incidental or consequential damages resulting from the loss, damage or delay of a shipment, including, without limitation, damages arising from loss of profit.

12) In no event shall Carrier be liable for concealed damage, whether discovered at the time of delivery, or after the fact.

13) Notice of Claims: Notice of potential loss or damage shall be given to Carrier on the delivery receipt by the Consignee and confirmed by the Carriers driver. Concealed loss or damage shall be reported to the Carrier within 72 hours of receipt of delivery of the goods. Original shipping packaging and contents must be retained by Consignee for inspection.

14) Filing of Claims: a.) Carrier is not liable for loss or damage to any goods carried under this Bill of Lading unless a written demand is filed with and received by a proper Carrier within nine (9) months after the date of delivery of such goods, or in the case of failure to make delivery, then the written demand must be filed within nine (9) months after a reasonable time for delivery has elapsed. b.)The written demand must contain an assertion of Carrier liability for the alleged loss or damage; facts sufficient to identify the shipment or shipments involved; and a demand for the specific amount claimed. c.) Carrier shall not be liable in any lawsuit based on a cargo claim for loss or damage, unless the lawsuit is filed in a court of law against Carrier no later than two (2) years and one (1) day from the date when written notice is given by the Carrier to the claimant that the Carrier has disallowed the claim or any part thereof where claims are not filed or suits are not instituted thereon in acco rdance with the foregoing provisions, no carrier shall be liable, and such claims will not be paid. Carrier, at its discretion, may take ownership of items for which claimant has received compensation from the claim.

15) Carrier shall have a lien on the shipment for all sums due and payable to Carrier. In the event of nonpayment of any sums payable to Carrier, the shipment may be held by Carrier and be subject to storage and/or disposed of at public or private sale, without notice to Shipper or Consignee and with no liability to Carrier. Carrier shall be paid all sums due and payable to Carrier out of the proceeds of such sale, including storage charges. The Shipper and/or Consignee continue to be liable for the balance of any unpaid charges payable on account of the shipment.