These Parcel Services Terms shall only apply to Grip Services Order Forms in which Customer has elected to receive Parcel Services from Grip. By executing the Service Order Form and/or accepting the Parcel Services, Grip and Customer agree to these Parcel Services Terms and the General Terms. Capitalized terms not defined herein are defined in the General Terms.
Grip may from time to time change these Parcel Services Terms. Any changes are effective immediately upon posting on Grip’s website at https://gripshipping.com/parcel-terms/
“Carrier” means an entity serving as a motor carrier, water carrier, and/or a freight carrier. For clarity, Grip is not a Carrier.
“Parcel Services” means the arranging of Carriers to provide delivery transportation services of Parcels for Customer’s end recipients on behalf of such Customer.
“Parcel(s)” means the item(s) or collection of items that Customer tenders to Grip for Parcel Services.
2. Parcel Services. Grip will provide Parcels to Carriers for delivery to Customer’s end recipients. Unless otherwise advised in writing by the Customer, Grip will ship all Parcels via the Carrier of Grip’s choice in the manner selected by Grip. Grip will use commercially reasonably efforts to select the appropriate Carrier for the tendered Parcel(s) in a manner designed to optimize the cost of such shipment based on the Parcel(s) attributes, shipment geography, Carrier service levels, and any other criteria that Grip considers relevant.
3.Status of Carriers. Customer understands and agrees that (i) the Carriers who transport the Parcel are independent contractors who have exclusive control over their respective employees and contractors; (ii) Grip assumed no liability for bodily injury, property damage, loss or degradation of Parcels, delay, non-delivery, or other fees and costs related to the Parcel Services, except to the extent arising from Grip’s sole gross negligence or willful misconduct; (iii) Grip’s liability, if any, for lost, damaged or destroyed Parcels will terminate as soon as the Parcels are tendered to the Carrier as instructed by Customer. Except as set forth herein, Grip will not be liable for any lost, damaged or destroyed Parcels.
4. Carrier Services. Grip makes no representations or warranties that any Parcel will be delivered on-time or in accordance with a Carrier’s shipping terms. Grip makes no guarantee that Carriers will make available the necessary capacity to meet Customer’s Parcel needs, especially during particular holiday seasons. Grip will not be liable for any penalties, fines, refunds, or other fees or costs for a Carrier’s failure to deliver a Parcel on-time or in accordance with its shipping terms. Grp will not accept Parcels returned to it by Carriers due to customer refusals or the Carrier’s inability to deliver the Parcel. Customer will retain title to and bear all risk of loss for returns and pay to Grip for all Carrier charges and Grip costs related to returns.
5. Fees and Payments. Grip shall invoice Customer for Logistics Services and Customer shall pay Grip in accordance with the Services Order Form (such amount, the “Fees”). Parcel rates, if provided, are for informational purposes only, and may not include all costs, fees, surcharges or other amounts from the relevant Carrier and may be subject to change. Except to the extent caused by Grip’s gross negligence, Customer shall pay Grip for any other additional charges or fees relating to Logistics Services that are charged by Carriers, including but not limited to, residential surcharges, fuel surcharges, peak and seasonal surcharges, or accessory charges. Grip Shall invoice Customer for all applicable charges from Carriers related to Parcel Services for Customer, plus an additional fee already included in the Parcel rates examples. In the event a Carrier Parcel rate changes, Grip’s Parcel rate may also change to reflect such change at the time the Carrier’s rates become effective.
6. Customer Representations and Warranties. Without limiting anything else in these Terms, Customer represents and warrants: (i) it owns, posses, or otherwise has the rights to transport the Parcels that it tenders to Carriers for Parcel Services; (ii) that it will comply with all applicable laws and regulations relating to the handling and transportation of any Parcels that it tenders to Carriers for Parcel Services, including but not limited to any and all such laws and regulations relating to the transportation of food and/or hazardous materials. Customer is obligated to alert Grip immediately if any such Parcels constitute hazardous materials. Customer shall defend, indemnify, and hold Grip harmless from any penalties or liability of any kind, including reasonable attorney fees, arising from Customer’s failure to comply with applicable hazardous materials laws and regulations. Customer is solely responsible for the accuracy and deliverability of shipping addresses for Customer’s end recipients. Customer is solely responsible for any fees and costs from the Carrier due to Customer providing an incorrect or illegible address. Grip has no obligation to verify any shipping address provided by Customer.
7. Carrier Claims. Grip is not a Carrier as defined under the Carmack Amendment, and Grip will not be held liable for any loss, damage or delay in the Parcel Services, unless caused solely by Grip’s gross negligence or willful misconduct in the performance of the Parcel Services. Customer understands and agrees that, notwithstanding Grip’s participation in or assistance with any Parcel claim filed by Customer pursuant to the Carmack Amendment and related regulations, Grip is not liable for any Parcel claim that was not proximately caused by Grip’s negligence. Customer must file claims for Parcel loss or damage within fifteen (15) days from the date of such loss or damage, which such date shall be the shipping date of the applicable Parcel. Grip specifically disclaims liability for any Carrier shipping rate errors due to inaccurate or incomplete information provided to it by Customer, such as incorrect dimensions and weights of Parcels.
8. Release and Indemnity. To the maximum extent permitted by applicable law, in no event will Grip, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Parcel Services. Under no circumstances will Grip be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Parcel Services or your account or the information contained therein. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
To the maximum extent permitted by applicable law, Grip assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Parcel Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Parcel Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Parcel Services by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Parcel Services.
Except to the extent caused by Grip’s gross negligence or willful misconduct, Grip’s liability for the loss, damage or failed delivery of any Parcel is limited to the amount Grip recovers from the applicable carrier. The maximum claim amount for any Carrier is $50 per Parcel. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Grip has been advised of the possibility of such damage.
You agree to defend, indemnify and hold harmless Grip and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Parcel Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties under these Terms; (iii) your violation of any third-party right, including, without limitation, any right of privacy or intellectual property rights; (v) your violation of any applicable law, rule or regulation; (vii) your negligence, recklessness or willful misconduct; or (viii) any other party’s access to and/or use of the Parcel Services with your unique user name, password, or other appropriate security code or credentials.
9. No Warranty. The Parcel Services are provided on an “as is” and “as available” basis. Use of the Parcel Services is at your own risk. To the maximum extent permitted by applicable law, the Parcel Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Grip or through the Parcel Services will create any warranty not expressly stated herein. Without limiting the foregoing, Grip, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Parcel Services will meet your requirements; that the Parcel Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Parcel Services is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Parcel Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Parcel Services.
Users hereby acknowledge that Grip does not supervise, scope, direct, control or monitor the events or anything else a Carrier may offer or provide through or in connection with the Parcel Services. Grip expressly disclaims (to the extent permitted by law) any responsibility and liability for any services Carrier may offer or provide in any manner, including but not limited to, any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation, or code. You hereby irrevocably and forever waive any and all claims you may have with respect to the foregoing.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights or proprietary rights, including any provisional relief required to prevent irreparable harm.
11.1 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Grip’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
11.2 Bills of Lading. All Parcels tendered to Grip by Customer, and all Parcel Services shall be subject solely to these Terms
11.3 California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.