ROVER 3PL Tracking
Terms & Conditions
SHIPPING TERMS & CONDITIONS
Acceptance of the bill of lading by the shipper shall constitute the shipper’s agreement to the following:
- Rover 3PL LLC. (“Rover 3PL”) will provide pickup and delivery services as requested by the shipper and will arrange for transportation by carriers as required. Such services will be furnished as agent of the shipper.
- The shipment will be insured by Rover 3PL for loss or damage up to the actual fair market value (limit $100) during pickup and delivery provided insurance is requested before shipment is tendered. Any value declared on the shipment in excess of $100 shall be at the shipper’s own risk unless additional valuation is requested and provided and charges paid for the excess value. The responsibility of Rover 3PL under this paragraph shall be reduced to the extent of the value of any other insurance carried by the shipper or by any other contract carrier on any lost or damaged shipment.
- Rover 3PL shall not be liable for any special or consequential damages experienced by any person, which term includes, but shall not be limited to, loss of profits or income as a result of delay, loss or damage to any shipment resulting from the performance or non-performance of Rover 3PL.
- Shipper warrants that the shipment is packaged to protect enclosed goods and to insure the safe transportation with ordinary care in handling and that each package is appropriately labeled and is in good order for shipment as specified. The shipper further warrants to Rover 3PL that the contents of the shipment may be lawfully carried over public highways, interstate rail lines, and/or aboard airline aircraft or other federally regulated carriers and is not a prohibited commodity under any applicable law or regulation. It is the responsibility of shipper to ensure that a shipment tendered to Rover 3PL does not violate any federal, state or local laws or regulations applicable to the shipment. No service shall be rendered by Rover 3PL in the transportation of any shipment that is prohibited by applicable law or regulation. The shipper shall hold Rover 3PL harmless against any loss incurred by Rover 3PL as a result of shipper’s violation and/or breach of these provisions and shall fully and completely indemnify Rover 3PL for all costs, to include reasonable attorney’s fees and court costs, for any violation and/or breach of the terms of these Shipping Terms & Conditions.
- Any claim by the shipper for loss or damage in accordance with these Shipping Terms & Conditions hereof shall be noticed in writing to Rover 3PL, LLC., 44258 Mercure Circle, Sterling, Virginia 20166 not later than 7 days after delivery of the shipment to the consignee. Any action or proceeding brought by the shipper against Rover 3PL concerning this shipment shall be commenced within 180 days after delivery of the shipment to the consignee. No claim for damage will be entertained until all transportation charges thereon have been paid. The amount of claims may not be deducted from transportation charges.
- No agent, employee or representative of Rover 3PL has authority to modify any provisions of these Terms & Conditions.
Rover 3PL reserves the right, but is not required, to open and inspect any package tendered to it for shipment without prior notice to shipper. Exercise of such right shall not be construed to constitute any form of approval or control over any method or form of packaging utilized by shipper. Rover 3PL will not carry or be liable in any way for any documents, coins, currency, and jewelry or for any articles of extraordinary value not expressly agreed to by Rover 3PL unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Rover 3PL is not bound to transport the shipment by any particular schedule or in time for any particular market or in any manner other than with reasonable dispatch. In case of necessity, Rover 3PL may forward shipment via another carrier. Rover 3PL reserves the right to refuse to provide service for, among other things, any package that by reason of the dangerous or other character of its contents may soil, taint, or otherwise damage other packages or Rover 3PL’s equipment or that is improperly packaged or wrapped. In addition, Rover 3PL reserves the right to refuse to provide service for any package, or to or from any location, or to provide alternative arrangements when, among other things, Rover 3PL deems that it is unsafe or economically or operationally impractical to provide service.
(a) If the consignee refuses the shipment tendered for delivery by Rover 3PL or if Rover 3PL is unable to deliver the shipment, because of fault or mistake of the shipper or consignee, Rover 3PL’s liability shall then become that of a warehouseman. Rover 3PL shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the shipper or the party, if any, designated to receive notice on this bill of lading. Storage charges, based on Rover 3PL’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at Rover 3PL’s option, in any location that provides reasonable protection against loss or damage. Rover 3PL may place the shipment in public storage at the owner’s expense and without liability to Rover 3PL. (b) If Rover 3PL does not receive disposition instructions within 48 hours of the time of Rover 3PL’s attempted first notification, Rover 3PL will attempt to issue a second and final confirmed notification. Such notice shall advise that if Rover 3PL does not receive disposition instructions within 10 days of that notification, Rover 3PL may offer the shipment for sale at a public auction and Rover 3PL has the right to offer the shipment for sale. The amount of sale will be applied to the Rover 3PL’s invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership. (c) Where Rover 3PL has attempted to follow the procedure set forth in subsections (a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of Rover 3PL at its option to sell the property under such circumstances and in such manner as may be authorized by law. When perishable goods cannot be delivered and disposition is not given within a reasonable time, Rover 3PL may dispose of property to the best advantage. (d) Where a carrier is directed by consignee or shipper to unload or deliver property at a particular location where shipper, consignee, or the agent of either, is not regularly located, the risk after unloading or delivery shall not be that of the carrier.
Governing Law and Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS & CONDITIONS, INCLUDING THE SHIPPING TERMS & CONDITIONS, ARE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. YOU EXPRESSLY AGREE THAT ANY CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE OR ITS CONTENT, THE SHIPMENT TRACKING SYSTEMS, SHIPPING INFORMATION OR THE ROVER 3PL SERVICES SHALL BE INSTITUTED IN A STATE COURT LOCATED IN DUPAGE COUNTY, ILLINOIS. YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO JURISDICTION AND VENUE IN THESE COURTS AND SPECIFICALLY WAIVE ANY RIGHT YOU MAY HAVE TO ASSERT DIVERSITY JURISDICTION IN FEDERAL DISTRICT COURT. YOU FURTHER AGREE THAT ANY SUCH CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING MUST BE FILED WITHIN THE EARLIER OF 180 DAYS AFTER RECEIPT OF THE SHIPMENT INVOLVED OR ONE (1) YEAR AFTER THE UNDERLYING ISSUE AROSE. THE PREVAILING PARTIES IN ANY SUCH CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING SHALL BE ENTITLED TO AN AWARD OF LEGAL COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN THE MATTER IN ADDITION TO ANY OTHER REMEDIES OR RELIEF.
Except as expressly provided in a separate license or other written agreement between You and Rover 3PL, these Terms & Conditions constitute the entire agreement between You and the Rover 3PL with respect to the use of the Web Site, Shipment Tracking Systems, Shipping Information, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. It is up to You to regularly review the Terms & Conditions in case there are any changes. Continued use of the Web Site after a change has been made is to be treated as acceptance of that change by You the user.