Chicago Medical Courier, LLC
263 E Cayuga Ave
Elmhurst, Illinois, 60126
TERMS AND CONDITIONS OF COURIER SERVICE
Under this agreement, where Chicago Medical Courier, LLC (the COURIER) agrees to provide transportation services to (the CUSTOMER) on the day indicated at bottom and on into perpetuity, the CUSTOMER hereby agrees to the following terms & conditions of service:
1. AGREEMENT TERMS
a) This agreement shall remain in full force & effect for an unspecified term commencing on the date of the first shipment.
b) This agreement corresponds with the COURIERís established services, scope and limitations of services, rates, schedules, Open Account Agreement, Non-Disclosure Agreement, and any other element that has been established by the COURIER.
c) The COURIER reserves the right to limit, change, modify, interrupt, suspend, add or eliminate any rates, fees, services, schedules, terms and conditions or any other element that has been established by the COURIER without notice.
a) The COURIER will provide transportation services to & from points as requested by the CUSTOMER.
b) The COURIER reserves the right to use employees, subcontractors, or other third parties to fulfill these services.
c) The COURIER will only provide transportation services directly to and from its CUSTOMER-designated pick-up and drop-off locations on the same day. The COURIER will not provide storage for any shipment.
3. RATES & QUOTES
a) Rates and quotes provided by the COURIERís employees and agents are based upon information provided by the CUSTOMER. Final rates may vary based upon actual shipment size, weight and services rendered. The CUSTOMER will always be primarily responsible for shipping costs, despite any alternate payment instructions, as well as any cost incurred in returning the shipment.
b) The COURIER may effectively change the rate of any service or the amount of any fee upon reasonable notice to the CUSTOMER.
c) Any rate offered to the CUSTOMER is exclusive and applies only to that CUSTOMER.
d) The CUSTOMER may not disclose any rates or quotes offered exclusively to the CUSTOMER.
4. PAYMENT FOR SERVICES
a) The CUSTOMER is responsible for paying all charges applicable to services provided to it, and including, but not limited to: taxes, fees, fuel surcharges, credit card surcharges and out-of-service-area surcharges.
b) If the CUSTOMER does not have an established account with COURIER, payment by credit card is due at time of service request.
c) If the CUSTOMER has an established account with COURIER, payment is due NET 15 days.
d) The CUSTOMER is responsible for paying charges resulting from returned checks or insufficient funds.
e) The CUSTOMER agrees to kindly address any charge discrepancy/dispute within 7 days of receiving invoice. Otherwise, the CUSTOMER will be responsible for paying all charges.
The COURIER will put forth its best effort to work with the CUSTOMER to amicably and kindly attempt to explain or resolve any disputed charges and/or discrepancies.
5. COURIER PERFORMANCE
a) The COURIER will serve and represent the CUSTOMER in a professional manner & provide services under this Agreement in a safe & timely manner. All transportation services furnished by the COURIER hereunder shall be performed in accordance with the highest standards for the transportation of the shipment.
b) The COURIER will notify the CUSTOMER of any problems, delays or accidents as soon as possible after occurrence to ensure that the customer can be well-informed of the situation.
c) The COURIER shall not be liable for any delay or failure of performance under this Agreement or interruptions of service resulting directly or indirectly from mechanical issues, vehicular accidents, traffic congestion, weather, driver illness, acts of God, civil or military authority, governmental action, civil commotion, acts of the public enemy, terrorism, wars, accidents, fire, explosions, earthquakes, floods, strikes, labor disputes, any act or default of CUSTOMER or consignee, inherent vice or defect of the shipment, or violation by CUSTOMER or consignee of any of these Terms and Conditions and beyond the reasonable control of the COURIER. In the event of any such delay, the COURIER shall take all reasonable steps to protect the shipment, to minimize any delay resulting from such causes & notify CUSTOMER immediately.
6. SHIPMENT WEIGHT AND INSPECTION
All shipments tendered to COURIER are subject to re-weighing and recalculation of charges based upon such re-weighing. Increments over one pound are rounded to the next pound. All shipments are subject to inspection by the COURIER or government officials at its discretion without notice.
7. CUSTOMERíS RESPONSIBILITY
a) The CUSTOMER is responsible for adequately preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary handling. The CUSTOMER must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments. The CUSTOMER is responsible for any errors in completing the order that may result in additional billing, including, but not limited to incorrect addresses, incorrect weight information and incorrect pick-up or delivery times. If the CUSTOMER communicates to the COURIER that no delivery signature by recipient is required, the COURIER shall not be responsible for any loss that occurs after the delivery of the shipment.
b) The CUSTOMER is responsible for packing blood, urine, fluids, and other liquid diagnostic specimens in order to meet specific applicable local, state and federal laws.
c) The CUSTOMER must also comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood-related products regardless of whether they are infectious.
d) If any shipment damages or contaminates an agent or agents (employee, subcontractor, or other third party in connection) with the COURIER, the CUSTOMER will be held responsible and will reimburse the COURIER and its agent(s) for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.
e) If any shipment damages or contaminates the COURIERís property, the CUSTOMER will be held responsible and will reimburse the COURIER for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.
8. RIGHT OF REFUSAL
The COURIER reserves the right to refuse or reject any shipment and may do so in its sole discretion and without liability. The COURIER may exercise this right at any time, and includes situations (among others) when a shipment may cause damage to or delay other shipments, property or personnel; is likely to sustain damage or loss in transit due to improper packaging; contains prohibited items; the account of the CUSTOMER is not in good standing; or when acceptance of a shipment may jeopardize the COURIERís ability to provide service to other customers.
9. HAZARDOUS MATERIALS
Hazardous Materials / Dangerous Goods (hereinafter ďHM/DGĒ, defined domestically under FAA guidelines and defined internationally under ICAO guidelines) may not be shipped.
10. LIMITATION ON LIABILITY AND LIABILITIES NOT ASSUMED
a) The COURIERís liability for any loss or damage to any shipment is limited to the lesser of $100.00 (U.S.).
b) The COURIER shall not be liable for loss, damage, delay or other result caused by any circumstances beyond the control of the COURIER, including, but not limited to: mechanical issues, vehicular accidents, traffic congestion, weather, driver illness, acts of God, civil or military authority, governmental action, civil commotion, acts of the public enemy, terrorism, wars, accidents, fire, explosions, earthquakes, floods, strikes, labor disputes, any act or default of CUSTOMER or consignee, inherent vice or defect of the shipment, or violation by CUSTOMER or consignee of any of these Terms and Conditions and beyond the reasonable control of the COURIER.
c) The COURIER will not be liable in any event for any special, incidental punitive or consequential damages, including but not limited to, loss of profits or loss of income, whether or not the COURIER had knowledge that such damages might be incurred.
11. DECLARED VALUE LIMITS
a) Given the narrow scope of services and limited list of items the COURIER transports, the consistently safe environment they are transported in, the short amount of time it takes to transport them, and the close proximity of the service area in which the COURIER operates, the CUSTOMER does not have the option with the COURIER to declare a valuation higher than $100.00 per shipment or pay for additional insurance for any shipment.
b) The CUSTOMER is responsible for proving the actual loss or damage to any shipment.
a) All claims for lost or damaged shipments must be made in writing and received by the COURIER via e-mail or fax to its provided customer care e-mail address or fax number within one week after the date of acceptance of the shipment from the COURIER.
b) Any damaged shipment and its original packing material must be made available to the COURIER for inspection at the delivery location shown on the order. The COURIER is not obligated to act on any claim until The CUSTOMER has paid all charges related to such shipment. The amount claimed cannot be deducted from outstanding charges related to shipments transported under this or any other order. The CUSTOMER is responsible for providing adequate documentation to support the actual or declared value of the loss.
12. ENFORCEMENT OF LAW
These terms and conditions shall be interpreted and enforced according to the laws of the State of Illinois or applicable federal law.