Parcel Terms
Effective Date: March 10, 2022
Stord Parcel Terms
These Parcel Terms shall only apply to Service Agreements in which Customer has elected to receive Parcel Services from Stord. By executing the Services Agreement and/or accepting the Parcel Services, Stord and Customer agree to these Parcel Terms and the General Terms. Capitalized terms not defined herein are defined in the General Terms.
Stord may from time to time change these Parcel Terms. Any changes are effective immediately upon posting on Stord’s website at Stord.com/fulfillment-terms.
1. Definitions.
“Carrier” means a motor carrier providing transportation as defined by 49 USC §13102(14). Stord is not a Carrier.
“Customer,” in the context of Parcel Services, is as defined in the General Terms, and the Shipper as defined by 49 USC §13102(13). Customer warrants that it owns, possess, or otherwise has rights to transport the Parcels it tenders to Carriers for Parcel Services.
“Parcel Services” means arranging for Carriers to provide delivery transportation services of Parcels to Customer’s end customers on behalf of Customer in consideration for additional payment.
“Parcel(s)” means the merchandise, small packages, or property that the Customer tenders to Stord for Parcel Services.
2. Overview. Parcel Services are provided by Stord Freight LLC as “Stord.” Stord is a federally licensed Broker as defined by 49 U.S.C. “Carmack Amendment” §13102 (2) operating under FMCSA MC-747274-B. Stord has entered into, or will enter into, agreements with each Carrier it engages to perform Parcel Services. Carrier agreements will be negotiated between Stord and the Carrier and be consistent with industry standards for this type of agreement, including without limitation, requiring Carrier compliance with applicable laws, defining Carrier’s responsibility for loss, damage, theft, and delay, and minimum levels and types of Carrier insurance.
3. Parcel Services. Stord will tender Parcels to either a postal, small parcel, or other Carrier as set forth herein. Unless otherwise advised in writing by the Customer, Stord shall ship all Parcels via the Carrier of Stord’s selection “Shipments.” Stord will use commercially reasonable efforts to select the Carrier for each Shipment in a manner designed to optimize the cost of such Shipment based on Parcel attributes (e.g. dimensions and weight), Shipment geography (e.g. origin / destination pair), and Carrier service levels.
4. Status of Carriers. For Parcel Services, Customer understands and agrees that: (i) the Carriers who transport the Parcels are independent contractors who have exclusive control over their drivers and employees; (ii) Stord assumes no liability for bodily injury, property damage, loss or destruction of Parcels, delay, non-delivery, fines, or fees related to Parcel Services, except to the extent arising from Stord’s sole negligence; (iii) Stord’s liability for lost, damaged, or destroyed Goods shall terminate as soon as the Goods are tendered to the Carrier as instructed by Customer, at which point such Goods become Parcels. Except as set forth herein, Stord shall incur no liability for lost, damaged, or destroyed Parcels.
5. Carrier Performance. Stord makes no representations or warranties that any Shipment will be delivered on-time or in accordance with a Carrier’s shipping terms. Stord cannot guarantee Carriers will make available the necessary capacity to meet Customer’s Parcel Services’ needs, especially during peak holiday season. Stord shall not be liable for any penalties, fines, or other fees for a Carrier’s failure to deliver any Parcel on-time or in accordance with its shipping terms. Stord will accept Parcels returned to it by Carriers due to customer refusals or the carrier’s inability to deliver the Shipment “Returns.” Customer will retain title to and bear all risk of loss for Returns and pay Stord for all Carrier charges and Stord labor related to Returns. If Returns exceed one percent (1%) of the number of Customer’s Shipments made in a calendar quarter, Stord may charge additional processing fees for such Returns.
6. Rates and Payments. Stord shall invoice Customer for Parcel Services and Customer shall pay Stord in accordance with the Agreement or SOW as applicable. Parcel rates, if provided, are for informational purposes only, and may not include all costs, ancillary service fees, surcharges, and special handling fees from the relevant Carrier, and are subject to change. Except to the extent caused by Stord’s negligence, Customer shall pay Stord for any other additional shipping charges relating to Parcel Services that are charged by Carriers, including, but not limited to, residential surcharges, fuel surcharges, peak and seasonal surcharges, or accessorial charges. Stord shall invoice Customer for all applicable charges from Carriers related to Parcel Services for Customer, plus an additional Fee agreed upon in writing between Customer and Stord. In the event of a Carrier Parcel rate increase or decrease, Stord’s Parcel rates shall increase or decrease at the time the Carrier’s rates become effective in an amount proportionate to the percentage increase or decrease of the Carrier.
7. Bills of Lading. All Shipments tendered to Stord by Customer and all Parcel Services shall be subject solely to the terms and conditions of this Agreement, and any bills of lading or other forms of shipping documents, receipts, contracts, or agreements shall not apply to the extent they are inconsistent with the terms of this Agreement.
8. Claims. Stord is not a Carrier as defined under the Carmack Amendment and Stord shall not be held liable for loss, damage, or delay in the Parcel Services, unless caused solely by Stord’s negligent acts or omissions in the performance of Parcel Services. Stord will help facilitate claims filing and processing of claims with the Carrier pursuant to the Carmack Amendment and related regulations (e.g., 49 CFR Part 370) for Parcel loss damage, overage, or shortage claims provided, however, Customer understands that, notwithstanding Stord’s participation in or assistance with any Parcel claim, Stord is not liable for any Parcel claim that was not proximately caused by Stord’s negligence. Customer must file claims for Parcel loss or damage within nine months from the date of such loss, shortage, or damage, which for purposes of the Agreement shall be the delivery date of the Parcel, or, in the event of non-delivery, the scheduled delivery date of Parcel. Customer must file any civil action against Stord within two (2) years from the date the Carrier or Stord provides written notice to Customer that the Carrier has disallowed any part of the claim in the notice. Stord specifically disclaims liability for any Carrier shipping rate errors due to inaccurate or incomplete information provided to it by Customer, such as incorrect dimensions and weights of Parcels.
9. Limitation of Liability. Except to the extent caused by Stord’s negligence or willful misconduct, Stord’s liability for the loss, damage or failed delivery of any Parcel is limited to the amount Stord recovers from the appliable Carrier. The maximum claim amount for any Carrier is $50 per Parcel. Parcels tendered to the US Postal Service cannot be insured. Shipments cannot be insured above the amounts permitted by the applicable Carriers.
10. Insurance. Stord agrees to procure and maintain at its own expense, at all times during the term of this Agreement, all insurance required by law, and comprehensive general liability insurance in amounts commensurate with industry standards for such policies. Parcels are not insured by Stord and may not be insured by the Carrier. It is Customer’s sole responsibility to insure such Parcels.
11. Hazardous Materials. Customer shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800, §173, and § 397 et seq. to the extent that any Shipments constitute hazardous materials. Customer is obligated to inform Stord immediately if any such Shipments constitute hazardous materials. Customer shall defend, indemnify, and hold Stord harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws and regulations.
12. Delivery of Parcels. Customer is solely responsible for the accuracy and deliverability of Customer shipping addresses, and any fees from the Carrier due to Customer providing an incorrect address. Stord has no obligation to verify any shipping addresses provided by Customer.
Support
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