Terms and Conditions

These Terms and Conditions shall govern the contractual relationship between Shipper and Specialized Transportation Enterprises, Inc., a Minnesota corporation (“Specialized” or “Carrier”).  For the purposes of this Agreement, “Shipper” means any person or entity that tenders a shipment to Carrier for carriage.  By tendering a shipment to Carrier for carriage, Shipper consents and agrees to be bound by these Terms and Conditions.

  1. Non-negotiable Document – In tendering the shipment described herein for carriage, Shipper agrees to these non-negotiable Terms and Conditions, which no agent or employee of the parties may alter.
  2. Carrier Tariffs Govern – It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing tariffs in effect as of the date hereof. Said tariffs are available for inspection by the parties hereto and are hereby incorporated and made a part of this contract.
  3. Shipper Responsibility – The Shipper is responsible for preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary care in handling.
  4. Inspection of Shipments – All shipments are subject to inspection by the Carrier, but the Carrier shall not be obligated to perform such inspection.
  5. Reweighing – All freight tendered to Specialized is subject to reweighing, at either the point of tender, point of transfer, or destination. Specialized reserves the right to recalculate freight charges based on such reweighing.
  6. Claims Time Limits and Procedures – All claims, including claims for overcharges, must be made in writing to the Carrier within 60 days after the date of acceptance of the shipment. Carrier shall have the right, but not the obligation, to make inspection of the shipment and container(s) within 15 days after receipt of such written notice of claim.  Specialized shall not be liable in any action brought to enforce a claim unless these conditions have been met. 
  7. Liability Limits – LIABILITY OF CARRIER IS LIMITED TO THE DECLARED VALUE, INVOICE, OR THE AMOUNT OF ANY DAMAGES ACTUALLY SUSTAINED, WHICHEVER IS LESS. DECLARED VALUE IS AGREED AND UNDERSTOOD TO BE NOT MORE THAN .50 PER POUND OR $50.00, WHICHEVER IS HIGHER, UNLESS SHIPPER DECLARES A HIGHER VALUE AND PAYS ANY APPLICABLE CHARGES.  SHIPPER MAY REQUEST A HIGHER DECLARED VALUE BY INFORMING CARRIER IN WRITING OF SUCH DECLARED VALUE PRIOR TO SHIPMENT AND PAYING ANY APPLICABLE CHARGES.  HOWEVER, CERTAIN COMMODITIES MAY BE DEEMED TO HAVE LESSER VALUE, IN WHICH CASE THE VALUE AS STATED IN GOVERNING TARIFFS WILL APPLY.
  8. Consequential and Special Damages – CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES WHETHER OR NOT THE CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
  9. Limitation of Warranty – EXCEPT AS OTHERWISE PROVIDED HEREIN, SHIPPER MAKES NO WARRANTIES FOR THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
  10. Compliance with Law – Shipper agrees to comply with all applicable federal, state, and local laws, rules, and regulations related to any shipment. Shipper shall indemnify Carrier for all claims, fines, penalties, damages, attorney’s fees, costs, or other sums which may be incurred, suffered or disbursed by reason of Shipper’s violation of any applicable federal, state, or local law, rule, or regulation. 
  11. Payment – All shipping charges are payable in US Dollars. Shipper shall pay Carrier’s invoices for such charges within 7 days of Shipper’s receipt of such invoices.  Any amounts not paid within 7 days shall thereafter accrue interest at a rate of 8% per annum.  In the event that Carrier retains an attorney to collect on any overdue balance, Shipper agrees to pay Carrier’s collection costs, including reasonable attorney’s fees. 
  12. Exclusions – Carrier shall not be liable for loss, damage, delay or other result caused by: (a) Acts of God, perils of the air, public enemies, acts of governmental authorities, wars, sabotage, fire, explosions, floods, quarantine, riots, strikes, lockouts, civil commotions, or changes in laws, regulations, or ordinances; (b) the act or default of the Shipper or other third-parties; (c) the nature of the shipment, or any defect, characteristic, or inherent vice thereof; (d) violation by the Shipper of any applicable laws, rules, or regulations; or (e) compliance with delivery instructions from the Shipper or noncompliance with special instructions from the Shipper not authorized by applicable law.
  13. Schedules Not Guaranteed – Except as otherwise provided herein, Carrier has no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to make connections with any other carrier, or for error in any statement of times of arrival or departure.
  14. Governing Law, Jurisdiction, and Venue – These Terms and Conditions shall be governed by and construed and interpreted in accordance with the internal laws of the State of Minnesota without regard to principles of conflict of law. With regard to any actions, claims, disputes or proceedings relating to these Terms and Conditions, their interpretation or enforcement, Shipper consents to the exclusive jurisdiction of the Courts of the State of Minnesota, agrees that venue shall be proper in such court, and waives any objection based on forum non conveniens.