Beaver Packaging's
Terms & Conditions

BEAVER PACKAGING AND CRATING, INC. (“Company”)

TERMS AND CONDITIONS

Customer understands, accepts, and expressly agrees to be bound by the terms and conditions set forth below (“these Terms”) and manifests its assent to be bound to these Terms solely by the act of tendering any goods to Company for packaging, transportation, and/or any other services to be rendered by Company (“Services”). 

1. These Terms constitute the entire contract between the parties with respect to all Services rendered and/or goods provided by Company to Customer.  These Terms may not be waived, modified, or amended in any way, except in writing, signed by an officer of Company.  Any additional or different terms that may be contained in Customer’s order or otherwise presented by Customer are not accepted by Company and shall not be binding upon Company.

2. Customer agrees to pay all sums due to Company within 15 days of the last date on which Company performs Services or from the date of issuance of Company’s invoice, whichever is earlier.  No offsets may be taken against invoiced charges.  If any amount owing is not paid when due, interest shall accrue on the unpaid principal balance at the rate of two percent (2%) per month, or the highest rate permitted by law, whichever is higher.  Customer also shall be liable to reimburse Company for all costs and attorney fees incurred in collection activities.

3. Company shall have a general lien on any property of Customer in its possession for the charges and expenses incurred in connection with any Services or goods provided to Customer, and, if such claim remains unsatisfied for ninety (90) days after demand for payment is made, Company is given the right to sell at public auction or private sale, without notice to Customer, Customer’s property or so much thereof as may be necessary to satisfy such lien, and to apply the net proceeds of such sale to the payment of Company’s charges.

4. When goods are shipped on a “freight collect” basis, it is mutually agreed that, if the freight, packaging, and/or other charges are not paid by the consignee, the charges shall be paid by Customer.

5. Company relies upon the information provided by Customer and the prior preparation of the goods by Customer.  It  is Customer’s responsibility to: 1) advise Company in writing if goods are fragile or have any other unique characteristics that would make such goods susceptible to damage from the normal rigors of transportation by air, land, and/or ocean (including vibration, sudden movement, strong lateral forces, moisture penetration, temperature changes, and the like); 2)  to accurately describe the dimensions, weight, composition, properties and/or character of the goods Customer is tendering; 3) to advise Company in writing of any other special needs, requirements, or instructions; 4) to declare to Company if any goods Customer is tendering constitute or contain “hazardous materials,” as that term is defined in the Hazardous Materials Transportation Act, 49 U.S.C. §5101, et seq, as amended, and in the Regulations promulgated thereunder; 5) to provide to Company a Safety Data Sheet for all goods tendered; and 6) to internally secure, drain, charge, label, and/or otherwise prepare the goods in accordance with all applicable laws, regulations, carrier requirements, and/or industry practices.

6. All goods tendered for packaging, storage and/or transportation shall be delivered to Company in a segregated manner, properly marked, described, declared, and prepared in accordance with these Terms and all applicable laws and regulations. Customer acknowledges that it has chosen the mode of transportation and warrants that it is familiar with all applicable laws, regulations and carrier specific requirements pertaining to the export and/or shipping of such goods, and goods tendered to Company shall comply with such laws, regulations and requirements.

7. Customer represents and warrants that all hazardous materials or dangerous goods tendered or to be tendered to Company have been described, declared, labeled, prepared, and delivered to Company in accordance with the provisions of all applicable federal and state laws and regulations, the laws and regulations of any other jurisdictional body having control over the labeling, packing or shipping of hazardous materials, any applicable carrier requirements, and Customer has provided the correct Safety Data Sheet for all goods tendered or to be tendered. Customer must notify Company and receive written permission from Company specifically authorizing the shipment of any hazardous materials prior to tendering the same to Company. Customer shall be fully liable for and shall indemnify and save harmless Company from and against any and all loss, damage and expenses, including attorney fees, which Company may incur or sustain as a result of Customer’s breach of the foregoing representations and warranties or any of these Terms.

8. In addition to the requirements of Paragraph 7, Customer shall notify Company of any other characteristics of Customer’s goods that may present a hazard to other property, Company or any persons. If Company reasonably determines that goods received from Customer are a hazard to other property, Company or any persons as a result of a quality or condition of the goods of which Customer failed to provide notice to Company at the time of delivery, upon notice by Company to Customer of same, Customer shall promptly remove such goods from Company’s facility at Customer’s expense. Company shall not be obligated to perform any further Services or any other obligations of Company hereunder with respect to such goods, although Customer shall pay Company for the value of any Services performed prior to Company’s discovering the unsafe quality or condition. If Customer fails to remove such goods from Company’s premises within two (2) business days of the date of notice, Company may remove the goods from Company’s facility and may, but is not obligated to, properly dispose of such goods. Customer shall reimburse Company for all costs and expenses incurred by Company in segregating, removing, storing, and/or disposing of such goods, and shall indemnify and defend Company from and against any all other claims, demands and liabilities which may arise as a result of such goods, their handling or disposal.

9. Company does not accept for carriage any single package or item with an actual value of more than $100,000; firearms; ammunition; alcoholic beverages; pharmaceuticals; tobacco; drugs; musical instruments; appliances; watches; clocks, radios, or other electronic devices (except as component parts of completed, assembled motor vehicles); cameras; jewelry; currency; money; precious stones; biologic materials; perishable items; and/or food (collectively, “Prohibited Items”). COMPANY SHALL HAVE NO LIABILITY FOR ANY DAMAGES TO OR FROM SHIPMENT OF ANY PROHIBITED ITEMS BY CUSTOMER, including shipment of any Prohibited Items which may be contained in an automobile, container, or closed package.   

10. Customer shall defend, indemnify, and hold harmless Company and its officers, directors, and employees from and against all claims, demands, suits, enforcement procedures, damages, costs, expenses, including attorney fees, caused by, arising out of, or related to the shipment of any Prohibited Item and/or the dangerous or hazardous character, condition, or nature of any good tendered by Customer to Company, whether declared or not, and/or Customer’s noncompliance with any rules, laws, regulations, or these Terms.

11.   Company’s liability for loss or damage to each package or item shipped by Customer shall be limited to a value of $50,000, except as set forth below.  Unless a greater value is recorded by Customer on the face of the Work Order, Receipt, or Bill of Lading, Customer agrees that the released value of each package or item shipped is no greater than $50,000, which Customer agrees is a reasonable value under the circumstances surrounding the transportation, and that Company shall not be liable for more than $50,000 for each package or item shipped.   To increase Company’s limit of liability for loss or damage above $50,000, Customer must declare a higher value on the face of the Work Order, Receipt, or Bill of Lading and pay an additional charge, a schedule of which is available from Company upon request, provided that Customer cannot declare a value in excess of the maximum allowable value of $100,000.   When a Customer declares a higher value, it does not receive any form of insurance from Company.  Customers desiring cargo insurance, all risk insurance, or another form of insurance should purchase such insurance from a third party.  In no event shall Company be liable for any damage caused by an act of God, a public enemy, a public authority, an act of Customer, including improper packaging or securement, or the inherent vice or nature of the lading, including but not limited to, fluids of any type leaking from transported motor vehicles and/or batteries.  Customer waives all claims against Company for any damages covered by Customer’s insurance, including all rights of subrogation which may exist under any such policies of insurance.  COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, INTEREST, OR INCOME, REGARDLESS OF WHETHER COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES WERE POSSIBLE OR MIGHT BE INCURRED. 

12. If Company pays the actual cost, the purchase price, or the replacement cost for damaged lading, all rights, title and interest to the lading shall thereupon pass to Company, at Company’s option, and Company reserves the right to obtain the lading for salvage.   Payment of a claim in such circumstances shall be contingent upon Company’s receipt of the damaged lading in the same condition as on the date the damage was incurred.  

13. Company does not agree to pick up or to deliver any shipment in time for any particular market, occasion, or event, and Company does not guarantee to arrive or to depart from any particular point at any specified time or on a specific day.  The estimated pick up and delivery times which Company may advise, through its agents or otherwise, are times which Company endeavors to maintain, but such times are not guaranteed.  Company shall not be bound to transport by any particular schedule, means or vehicle.

14. Company and Customer expressly waive any and all rights and remedies allowed under 49 U.S.C. §14101, et seq. to the extent any such rights and remedies conflict with this Agreement.

15.  Claims for loss or damage to goods must be filed in writing by Customer with Company within nine (9) months from date of delivery, or scheduled date of delivery for lost goods, or in the absence of a scheduled delivery date, the delivery period shall begin after a reasonable time has elapsed for delivery, and a civil suit shall be commenced by Customer within two (2) years from the date Company gives Customer written notice Company is disallowing the claim or any part of it.  Photographs of the goods still in the original crating, container, and packaging, together with photographs of the unloading from the container and crating and removal of packaging must be taken, and all packaging and crating material must be held for inspection by Company, as a condition precedent to any claim against Company for loss or damage.  Photographs must be taken from at least THREE (3) DIFFERENT ANGLES.

16. RELATIONSHIP OF THE PARTIES. Each party acknowledges and agrees that, in performing Services hereunder, Company is acting as an independent contractor.  Unless and only to the extent a power of attorney has been granted to Company for specific Services, nothing contained herein shall be construed in such a manner as to create the relationship of principal and agent between Company and Customer or the relationship of employee/employee between Customer and any individuals assigned by Company to perform the Services, nor shall it be construed to find Company to be a carrier, broker or third-party logistics provider.

17. NON-WAIVER. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.

18. ASSIGNMENT. Neither party shall assign any of its rights or obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.

19. SEVERABILITY. If any provision of these Terms and Conditions shall be held to be invalid, or illegal or unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby.

20. VENUE. Customer consents to the exclusive venue and jurisdiction of the state and federal courts of the state in which Company received the goods from Customer and agrees that any action relating to or arising from these Terms, the rendering of services by Company, and or the Goods shall be brought only in said courts.  Customer consents to the exercise of in personam jurisdiction by said courts over it, but agrees that any action to enforce a judgment may be instituted in any jurisdiction.