The terms contained herein apply on each shipment tendered to Lakeside Business Services, LLC. (or its affiliates, hereinafter referred to as LBS) and constitute a binding agreement between LBS on the one hand, and, you, the party tendering the shipment, on the other hand (“shipper”). In consideration of services provided by LBS on each shipment, shipper hereby consents to the terms contained herein. Said terms may not be changed except in writing signed by the President of LBS. Failure to pay bill or charges will result in a lien on future shipments.
I. Rates, Charges and Credit: The rates and charges of LBS are subject to change without notice. Payment of any LBS invoice must be made within 15 days of the date of billing. Failure to meet this requirement may result in a loss of credit. Should no payment be received within 15 days of the billing date, liquidated damages in the amount of 1% per month will be assessed commencing with the 16th day following the billing date. Payment of LBS invoices shall be in currency of the United States only. Rates quoted by LBS which include pickup and/or delivery are based on “drop and pull” arrangements only unless otherwise agreed to in writing. FAILURE OF SHIPPER TO PAY BILLED CHARGES OF LBS WITHIN THE CREDIT PERIOD WILL RESULT IN A LIEN BY LBS ON FUTURE SHIPMENTS, INCLUDING THE COST OF STORAGE, DETENTION AND APPROPRIATE SECURITY FOR THE SUBSEQUENT SHIPMENT HELD PURSUANT TO THIS AGREEMENT. IF SHIPPER FAILS TO PAY THE FULL AMOUNT OF THE UNPAID CHARGES WITHIN 10 DAYS OF THE NOTICE OF EXERCISE OF SUCH LIEN, LBS MAY SELL THE FREIGHT SUBJECT TO THE LIEN AT A PUBLIC OR PRIVATE AUCTION UPON 15 DAYS’ NOTICE TO THE SHIPPER OF THE TIME, PLACE AND DATE OF SUCH AUCTION. The shipper guarantees all freight charges including those which move on a freight collect basis. If an account has to be placed in the hands of an attorney for collection all attorney and court costs associated with the collection effort will be added to the balance owed.
II. Freight Charge Collect and C.O.D. Shipments. Freight charge collect shipments will be processed by LBS at an additional charge of $25 per shipment. The shipper directing the freight charge collect shipment shall guarantee the prompt payment of all charges accruing on such collect shipments. Terms contained herein regarding freight charge collect shipments shall supersede any other document. Action by shipper in presenting a uniform bill of lading and signing section 7 therein shall be null and void. LBS will not handle “C.O.D.” shipments and shall not be responsible for the collection of any funds from the consignee to be transmitted back to the shipper.
III. Responsibility of LBS for Loss or Damage. LBS is not a common carrier and is neither an absolute nor virtual insurer of the goods entrusted to it and disclaims responsibility for loss or damage to the goods moved in its services. In no event shall LBS’s liability for the goods entrusted to it exceed $500. LBS will, however, assist the shipper in prosecuting any claims for freight loss or damage with the underlying carrier by providing necessary paperwork, executing assignment of interest documents, and otherwise assisting in the gathering of information under the control of LBS. Claims or lawsuits for less than $250 shall not be filed and no claim shall be paid if the amount of the loss or damage is found to be less than $250. Action by shipper in presenting a uniform bill of lading shall be null and void and of no consequence to the arrangements between LBS and its shipper on each shipment. In providing service, LBS performs no physical transportation but arranges for such transportation subject to tariff or separate agreements. Such tariffs or agreements may contain provisions regarding responsibility for the safe transportation of freight which are less than common carrier responsibility. Such provisions, including provisions relating to time frames within which to notice claims and file suits, can be viewed at the main office of LBS. Shipper shall be required to contact LBS to determine the cargo liability applicable to each specific shipment. LBS shall not be responsible for the failure of shipper to know or to comply with such provisions. Shipments are accepted as shipper’s load, count and seal. No offsets from open invoices due LBS will be allowed as settlement for loss and damage claims. IN NO EVENT SHALL LBS BE LIABLE FOR CHARGEBACKS, INCIDENTAL, CONSEQUENTIAL, DELAY, OR SPECIAL DAMAGES.
IV. Accessorial Charges, Regulations and Penalties. All carriers used to transport the shipper’s freight have rules and charges respecting accessorial matters such as detention and storage. Unless accessorial charges have been caused by the sole act of LBS, the shipper shall be responsible for any accessorial charges. Any penalties or liabilities assessed by carriers, courts or governmental authorities as a result of overweight vehicles, violations of hazardous materials regulations or improper loading shall be the sole responsibility of the shipper. The shipper shall be solely responsible for complying with the Department of Transportation regulations and the applicable published motor carrier tariffs and/or intermodal circulars and directories of the rail carriers (“Rail Circulars”). The shipper shall indemnify and hold LBS harmless and defend against any action charging LBS with a tort or violation based on an act or omission by the shipper. The terms at http://carrterms.com/ShipperFoodSafety apply to shipments covered by the Sanitary Transportation of Human and Animal Food rule set forth in Title 21, part 1, subpart O of the Code of Federal Regulations, as issued under the Food Safety Modernization Act, currently codified at 21 USC 2201 (Chapter 27) and the Food, Drug & Cosmetic Act, currently codified at 21 USC 2201 (Chapter 9).
V. Carriers Selected By LBS as Third Party Beneficiaries; NMFC. Any carrier selected by LBS to transport shipper’s freight shall be considered to be a third party beneficiary to this agreement and to any agreement between LBS and the shipper that includes as an element thereof an agreed-to limitation of liability for cargo loss or damage. Shipper shall ensure that all classification and weight information with respect to any less than truckload (“LTL”) shipment is complete and correct in accordance with the provisions of the then-current National Motor Freight Classification (“NMFC”), and otherwise in accordance with the servicing motor carrier’s tariff. If shipper fails to provide the NMFC Classification, LBS may, but is not required to, provide the classification to the servicing motor carrier as determined by LBS based on information provided by shipper. Shipper acknowledges that servicing motor carriers reserve the right to reclassify and reweigh shipper cargo to ensure accuracy and this may result in additional charges.
VI. Rates Are Released / Declared Value Rates. The full truckload and intermodal rates provided to the shipper in connection with this agreement are predicated on motor carriers selected by LBS being tendered freight released for cargo loss or damage at an amount not in excess of $100,000 per shipment and rail carriers selected by LBS being tendered freight released for cargo loss or damage at an amount not in excess of $250,000 per shipment ($100,000 per shipment for consumer electronics). Shipper acknowledges that LBS has made available to the shipper the opportunity to pay a higher rate and thereby obtain greater levels of liability from the underlying carrier for cargo loss or damage at an amount not in excess of $250,000 per shipment ($100,000 per shipment for consumer electronics). Shipper acknowledges that LBS has made available to the shipper the opportunity to pay a higher rate and thereby obtain greater levels of liability from the underlying carrier for cargo loss or damage. In the absence of the shipper availing itself of that opportunity by contacting LBS as instructed, shipper releases its shipments to motor carriers selected by LBS at an amount not in excess of $100,000 per shipment and shipper releases its shipments to rail carriers selected by LBS at an amount not in excess of $250,000 per shipment ($100,000 per shipment if the shipment contains consumer electronics). Shippers wishing to ship freight via motor carrier at a value for loss or damage in excess of $100,000 per shipment or via rail carrier at a value for loss or damage in excess of $250,000 per shipment ($100,000 per shipment for consumer electronics) must contact LBS in writing at the address shown herein. With respect to LTL shipments, shipper must contact LBS to determine the applicable cargo liability for each shipment.
VII. Warehousing Terms and Conditions. In the event LBS is directed by the shipper to place any shipment in storage, or in the event LBS places such shipment in storage as a result of the shipper’s failure to pay LBS’s billed charges in accordance with Section I herein, SHIPPER GRANTS TO LBS A LIEN ON ALL SHIPMENTS SO HELD, SUCH LIEN TO BE NOTICED, EXERCISED AND DISCHARGED IN THE SAME MANNER AS IS APPLICABLE TO THE LIEN DESCRIBED IN SECTION I HEREIN. Shipper agrees to release any shipment placed in storage as described to a value of $0.10 per pound, with such released value taking precedence over any other value or measure of loss stated elsewhere herein.
VIII. Hazardous Material. Shipper is responsible to declare any shipment that contains hazardous material and ensure such shipments comply with all USDOT hazardous material regulations. If Shipper fails to declare or properly prepare a hazardous material shipment, Shipper shall be responsible for any costs associated with such shipment, including, but not limited to clean-up costs.
IX. Additional Provisions. LBS assumes no responsibility for the service or performance of the underlying carrier. Each shipment must be prepared, loaded, blocked and braced by shipper in accordance with regulations established by the Association of American Railroads and the Rail Circulars and/or the tariff of the servicing motor carrier as applicable. Each “in bond” shipment is handled subject to carrier’s requirements as set forth in tariffs or separate agreements, copies of which can be viewed at the main offices of LBS.
Please read these Terms of Use carefully before using this site.
This site is controlled and operated by Lakeside Business Services, LLC., 1434 Lake Heights Cir., Dacula, GA. 30019. The main telephone number is (678) 341-0171. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the Terms of Use below, please do not use this website. Lakeside Business Services LLC. (“Lakeside Business Services”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time by posting a revision on this site, and you agree to be bound by such modifications, alterations or updates from the time of such posting.
Trademarks, Copyrights and Restrictions
All material on this site, including, but not limited to text, images and illustrations, is protected by copyrights and other intellectual property rights which are owned and controlled by Lakeside Business Services or by other parties that have licensed their material to Lakeside Business Services. In addition to Lakeside Business Service’s and its licensors’ and suppliers’ rights in individual elements of the content on this site, Lakeside Business Services owns a copyright in the selection, coordination, arrangement and enhancement of such content. Nothing contained on this site shall be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Lakeside Business Services or any third party. All trademarks used or referred to in this website are the property of their respective owners. Material from www.lakeside-bs.com any website owned, operated, licensed or controlled by Lakeside Business Services may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is strictly prohibited.
Linked Sites
Lakeside Business Services, whether or not affiliated with sites which may be linked to this site, is not responsible for the content (or any products, services or other third-party materials offered in connection therewith) of any such linked sites. Lakeside Business Services does not endorse any third-party websites not under the control or operation of Lakeside Business Services. The linked sites are for your convenience only and you access them at your own risk.
Disclaimer
THE MATERIALS ON LAKESIDE BUSINESS SERVICES’S WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAGAABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAKESIDE BUSINESS SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABGAITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Lakeside Business Services does not warrant that the website or the functions contained in the materials on the site will be uninterrupted or error-free, that defects will be corrected, or that the site materials or the server that makes them available are free of viruses or other harmful components. Lakeside Business Services does not warrant or make any representations regarding the use or the results of the use of the materials on Lakeside Business Service’s website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Lakeside Business Services) assume the entire cost of all necessary service, repair or correction as a result of any of the foregoing matters. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LAKESIDE BUSINESS SERVICES, ITS AFFGAIATES, SUPPLIERS AND VENDORS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES WGAL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, USAGE OF THIS SITE OR DATA, MATERIALS OR INFORMATION AVAGAABLE ON THIS SITE.
NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, IN NO EVENT SHALL THE MAXIMUM LIABGAITY OF LAKESIDE BUSINESS SERVICES, ITS AFFGAIATES, SUPPLIERS AND VENDORS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, USAGE OF THIS SITE OR DATA, MATERIALS OR INFORMATION AVAGAABLE ON THIS SITE EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Forums and Submissions
Lakeside Business Services does not accept unauthorized idea submissions outside of established business relationships. Without a clear business relationship, Lakeside Business Services cannot and does not treat any such submissions in confidence. Therefore, all notes, message/billboard postings, ideas, suggestions, concepts and other materials submitted are not confidential and may be freely developed, used and published by Lakeside Business Services without compensating you, and will become the property of Lakeside Business Services throughout the universe. When you submit material to Lakeside Business Service’s website, you agree that Lakeside Business Services has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
The information and opinions expressed in bulletin boards, chat rooms or other forums conducted on this site are not necessary those of Lakeside Business Services or its affiliated or related entities or content providers, and Lakeside Business Services makes no representations or warranties regarding that information or those opinions. Accordingly, Lakeside Business Services is not responsible for any material posted on our forums. You shall not submit or otherwise publish through such forums any content which:
1. libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening.
2. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks.
3. violates any law.
4. advocates illegal activity;
5. advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify Lakeside Business Services and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, covenants, representations and warranties
General
Unless otherwise specified, the materials on the Lakeside Business Services website are provided free of charge and for informational and promotional purposes only in connection with services available in the United States, its territories, possessions and protectorates. This site is controlled and operated by Lakeside Business Services from its offices within the State of GA, United States of America. Lakeside Business Services makes no representation that materials on Lakeside Business Services’ website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of GA, without reference to its choice of law rules. Any action you or any third party bring in connection with any matters related to this site shall be brought only in the state or Federal courts located in Athens Clarke County, GA, and you expressly consent to the jurisdiction of said courts; provided, however that you expressly acknowledge that Lakeside Business Services is free to choose, in its sole discretion, the jurisdiction of its choice in filing any actions hereunder, and you agree that jurisdiction shall be proper in any such court. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by an authorized representative of Lakeside Business Services, or as otherwise posted on this site by Lakeside Business Services.
This site contains framing exclusion headers and robot exclusion headers and you agree that you will not frame pages on this site or use any robot, spider, other automatic device or manual process to monitor, deep link with or copy webpages or information on this site without Lakeside Business services’ prior written permission.
You may provide a link to the primary webpage on this site from another website (but not to any other webpage(s) on this site), so long as such a link is done in good taste, does not create the false appearance that this site is associated with or sponsoring the linking website and does not result in excessive load on this site. Lakeside Business Services reserves the right to revoke its consent to any link at any time at Lakeside Business Services’ sole discretion.
Nothing on this site constitutes an offer to sell or solicitation to buy securities.
No failure or delay by Lakeside Business Services in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Lakeside Business Services preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.
Please reference the individual LTL, Truckload, or Home Delivery carrier website for terms and conditions as they apply to accessorial, claims, etc.
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