SGN Beachrun updated terms and conditions effective August 8th, 2024

TERMS AND CONDITIONS FOR PARCELS, PACKAGES & RUSH BAGS.

This Logistics Operator (The Agreement) sets forth the terms and conditions under which SGN – operated by SGN Beachrun LLC at 4827 Old National Hwy, #1001, Atlanta, GA-30337 and it’s subsidiaries, affiliates and partners in return for payment in the amount indicated agrees to transport parcels, perishables, packages, bags, and freight as of August 8th, 2024.

This edition supersedes and replaces any previous version.

Therefore, by booking transportation or tendering parcels and packages to SGN for transportation, customers accepts and agrees to these terms and conditions and submits unreservedly to all provisions.

• Estimates: Are valid until 11:59 PM Eastern Time on the date quoted by SGN,  and are dependent on available capacity. Estimates converted into bookings after the cutoff time of 12 PM local time for same-day pickup/delivery are subject to change.

Please note: That estimates are based on the information supplied by the customer, and on liability terms and rates. Actual charges will be based on the parcel’s actual weight, dimensions, classification and type of commodity, pickup and delivery, location and conditions, requested transit time and additional services performed such as return to shipper or hold at SGN Pickup locations.

In such cases, SGN reserves the right to amend the estimate or refuse carriage. Customers will be liable to for payment of actual charges.

• Transportation Expenses: SGN’s quote is for transportation charges, any fuel-surcharge in effect at the time of booking, and any special services requested in writing or by phone will be added. It does not include any auxiliary charges, including, but not limited to detention, last-minute cancelations (dry run), re-delivery, refused or returned shipments, customs clearance fees, taxes, duties, or other costs or expenses that may be associated with shipment.

Auxiliary charges incurred for Shipper’s account will be invoiced separately. Shipper agrees to pay all auxiliary charges.

• Transportation Services: Shippers may authorize SGN to perform services by means of any verbal, e-mail, mobile App, facsimile, or at SGN domains or affiliates: flysgn.com, sgnair.com, sgnocean.com, sgnrail.com, sgnpickup.com, flysgn.rezgo.com, or other form of written communication, which authorizes SGN to perform such services.

Upon receipt of Customer’s authorization, SGN will commence pickup or elects to decline a service request. SGN will provide reasonable notification should it declines to perform a requested pickup/delivery.

It is agreed that SGN (i) maybe retained by Shipper to arrange for the transport by a third parties of shipment described below, and (ii) makes these arrangements only as a carrier.

Unless otherwise agreed in writing, SGN will not provide or arrange for the import or export of cargo; customs broker services; loading, unloading, lumper or trans loading services; warehousing or warehouse services; or any other services not specifically identified in booking confirmation.

• Independent Contractors: The relationship between Shipper and SGN is that of an independent contractor and is not based on common law or contract employment, agency, partnership, or joint venture. Shipper’s understands that the transporting carrier(s) or partner which transports Shipper’s cargo is an independent contractor(s) and that SGN does not own, operate, or control the transporting carrier(s). The transporting carrier(s) or partner(s) is responsible for loss or damage claims (see, “Liability of Transporting Carrier(s),” below). Depending on volume, SGN reserves the right to interline or place the shipment with another Broker or other transportation intermediary which may, in turn, ultimately place the shipment with a motor carrier, air carrier, ocean carrier or rail carrier.

Such interline services, Brokers and transportation intermediaries are also independent contractors.

• Dry Run Charges: In the event Shipper’s cancels a shipment twenty-four (24) hours or less prior to scheduled pickup, SGN may charge and Shipper agrees to pay all fees of the transporting carrier resulting from the cancelled shipment (dry run).

In addition, an administrative fee of up to $100 may apply.

• Detention Charges: Shipper’s are allowed (1) hour for loading and unloading cargo, and (15) minutes for small packages. Upon expiration of the stated time, Shipper’s will be responsible for the payment of dry-dock charges at the rate provided by SGN or the transporting carrier’s tariff or other governing terms and conditions.

• Service Limitations: Transit times are approximate and are not guaranteed. Price, mileage, and service options may vary based on equipment availability, freight availability, the time Shipper delivered parcel’s to SGN, weather, Force Majeure, and other unavoidable or unforeseen transportation, broker, or customs delays.

• SGN Liability: SGN has no liability under any legal theory for loss, non-delivery, damage, shortage, or delay, unless such claim results solely, proximately, and directly from Shipper’s negligence or breach in its performance of services under these terms and conditions. Any such liability on SGN’s part, under any legal theory, shall be limited to the same extent as the limitations on the transporting Carrier’s full truckload (“FTL”), less than load (“LTL”), express car load (“ECL”), intermodal or rail liability for the shipment at issue (as provided in Section 10, below) or $100,000, whichever is less.

SGN maintains insurance as required by the DOT/FMCSA/DGAC regulations governing transporters, but does not specifically insure Shipper’s cargo.

SGN contractually requires the transporting cargo carrier(s) to maintain any legally required insurance. SGN recommends that Shipper obtain a policy of all-risk or another suitable policy of insurance to provide coverage for parcels.

SGN shall not be responsible for loss or damage to due to improper loading and/or securement (including blocking and bracing), due to an inherent vice or defect in itself, or for any other act or omission constituting shipper’s fault.

SGN does not control the transporting carrier’s equipment or drivers and is not responsible for the consequences or expenses associated with any collision, accident, or mechanical breakdown, including, but not limited to, towing charges, road cleanup and debris removal, warehousing or temporary storage, or field trans loading services.

In no event will SGN have any liability arising from or related to the carrier or the carrier’s insurer limiting its liability for loss and damage.

Shipper acknowledges and agrees that the sole liability of SGN with respect to loss, damage or delay shall be as set forth in these terms and conditions.

• Liability of Transporting Carrier(s): Shipper agrees that a full truckload (“FTL”) carrier’s liability for loss or damage is limited to the lesser of $100,000 per full truckload or container load, regardless of the number of shipments or bills of lading contained therein, or the actual invoice value of the cargo. Customer agrees that a Less than Load (“LTL”) carrier’s liability for loss or damage to cargo is limited to the lesser of $10 per pound or the actual invoice value of the lost or damaged cargo, not to exceed a total of $100,000. Liability for loss or damage resulting from car delivery, rail and intermodal shipments will be as provided by the applicable agreement or rail circular. Should a released value be declared on the bill of lading, carrier will be responsible for the lesser of the above or the released value. Higher levels of liability for higher transportation charges may be obtained by calling SGN at least forty-eight (48) hours in advance of the requested pick-up date to request a estimate based on the specified level of carrier liability. SGN will provide an estimate which must be approved in writing by the shipper prior to pickup. A higher value declared on the bill of lading shall not increase carrier liability unless Shipper and SGN have executed the written agreement specifying the rate and liability set forth above.

Transporting carrier shall not be responsible for loss or damage to cargo due to improper loading and/or securement (including blocking and bracing), due to an inherent vice or defect in:

• Perishables: If Shipper requests service with respect to perishables, Shipper acknowledges and agrees that if Shipper has not requested temperature control service or other specialized handling requirements, then all such perishables has been packaged in such a manner to ensure safe and sanitary handling during transportation without adoption by the underlying carrier or partner of any specialized handling procedures and as such SGN has no obligation to arrange for any specialized handling. If specialized handling has been requested, SGN’s sole obligation is to pass through such specialized handling instructions to the underlying carrier or partner. With respect to food for which temperature control service has been requested, Customer acknowledges and agrees that SGN’s sole responsibility will be to communicate requested temperature ranges to the underlying carrier or partner and that ambient air temperature readings, if any, taken by the loader and receiver at origin and destination are sufficient to ensure safe and sanitary handling of Shipper’s commodities.

Any request for specialized handling, including controlled temperature transit, must be submitted to SGN in writing at the time of the initial request for service to which the instructions relate. As between SGN and Shipper, Shipper shall have sole discretion in determining shipment handling instructions, or for any other act or omission constituting shipper fault.

Shipper acknowledges and agrees that failure or alleged failure by a transporting carrier to comply with shipment handling instructions, or a broken trailer or package seal, shall not, in and of itself, be grounds for rejection of a shipment or filing of a claim for loss and damage without proof of actual loss or damage.

• Tobacco Products: SGN does not arrange transport of Tobacco Products, which include but are not limited to cigarettes, smokeless tobacco, cigars, loose tobacco (whether for pipes or roll-your-own cigarettes) or hookah tobacco etc. Shipper (i) represents that no Tobacco Products are included in shipments arranged by SGN and (ii) agrees to defend and indemnify SGN for any unlawful shipping of Tobacco Products.

• Hazardous & Dangerous Goods: SGN does not arrange transport of hazardous materials or dangerous goods. Shipper (i) represents that no hazardous materials or dangerous goods are included in shipments given to SGN for transport and (ii) agrees to defend, indemnify & hold harmless SGN and its officers, employees, agents, contractors, drivers and insurers against all claims, liabilities, losses, fines, reasonable attorneys’ fees and other expenses arising out of or relating to any contact with, exposure to or release of any Hazardous Material or dangerous goods, including without limitation, fines or expenses relating to the removal or treatment of Hazardous Material or any other remedial action pertaining to the Hazardous Material or dangerous goods under international, federal or state law, or (iii) Shipper maybe subject to prosecution and fully liable to SGN for the contact, exposure or release during pickup, transportation or delivery for any unlawful shipping of Hazardous Products or dangerous goods.

• Claims against Transporting Carrier: All claims must be filed directly with the actual transporting carrier unless otherwise agreed. Shippers will not file claims valued at less than $350 in the case of concealed damage claims.

SGN can assist in facilitating Customer’s claim by filing overage, shortage, or damage claims with the transporting carrier(s).

A written notification of a pending claim must be provided to SGN by the Shipper within ten (10) days from the date of delivery; or date of scheduled delivery in the event of a lost shipment.

The Shipper must promptly provide any documentation requested by SGN to facilitate the processing of claims, and agrees to defend, indemnify, and hold SGN harmless against claims, liabilities, fines, investigation expenses, business interruption, and damages related to or arising from or out of inaccurate or incomplete information or any Shippers breach of this warranty.

The carrier is required to acknowledge the claim in writing within thirty (30) days of receipt of the claim. Written claims for cargo damage must be filed with carrier within ten (10) days of the date of delivery or the claims are time barred. In the event of dispute, the Shipper may pursue legal action for recovery against the carrier, which must be instituted in a court of appropriate jurisdiction within one (90) days from the date the claim is denied by the carrier. Failure to file claims or pursue legal action within the stated time limits will result in an absolute bar to any such claim and legal action and will relieve carrier of any and all liability with respect thereto. Shipper waives any claim against SGN arising from or relating to SGN’s facilitation of the cargo claim and the claims process, to the fullest extent permitted by law.

• Claims against SGN: A written notification of a pending claim must be provided to SGN by the Shipper within ten (10) days from the date of delivery; or date of scheduled delivery in the event of a lost shipment. Shipper is responsible for filing a claim with SGN alleging SGN’s liability for loss and damage within ninety (10) days of the date of delivery (or, if none, within ninety (90) days of the date cargo should have been delivered). In the event of dispute, the Shipper may pursue legal action for recovery against SGN, which must be instituted in a court of appropriate jurisdiction within one (1) year from the earliest date the claim is denied by the carrier, broker or SGN. Failure to file claims or pursue legal action within the stated time limits will result in an absolute bar to any such claim and legal action and will relieve SGN of any and all liability with respect thereto.

SGN is entitled to receive payment of all sums due to it for services rendered without regard to any claims for loss or damage which may occur in the course of such services. Shipper shall not have the right to delay, withhold or offset payment for SGN’s services due to or as against any claims for loss or damage and any effort to do so shall be prohibited.

• Loss and Damage Valuation: For purposes of the valuation of claims for loss or damage to parcels shipped under these terms and conditions, such claims shall be based on the value of the lost or damaged goods as evidenced by shipper’s invoice at pickup. In the event that there is no shipper invoice, other relevant evidence of the fair market value of the cargo at destination may be considered.

• Claims Process, Damage Inspection, Mitigation and Salvage Rights: Claims for loss or damage shall be processed in the manner provided by 49 C.F.R. Part 370. Following any event causing damage, Shipper shall take commercially reasonable steps to preserve the damaged items and to provide reasonable notice and an opportunity for all interested parties to inspect the damaged parcel. At all times, Shipper is required to take all commercially reasonable steps to mitigate its damages. In the event that the transporting carrier or SGN pays a claim for damage, the party paying the claim shall be entitled to salvage the damaged item in mitigation of the damage claim. Customer or a shipper may reasonably refuse to permit a salvage sale of the damaged item, but the party paying the claim shall be entitled to deduct the fair market salvage value of the damaged item or parcel the amount of the claim.

• France Shipments: Neither the Broker nor the transporting carrier makes any representation that Shipper will receive any compensation for cargo loss or damage in France, which is governed solely by French law. Neither SGN nor the transporting carrier shall have any liability for loss or damage to cargo shipped to, from or through France.

• Consequential and Punitive Damages: Neither SGN nor a transporting carrier shall be liable for any form of special, incidental, indirect, extended, punitive, or consequential damages, or for other indirect costs, fees, or charges of any kind arising from the broker, transportation or other services provided, regardless of the form of action, theory of recovery, or the failure of essential purpose of any other limited remedy, even if SGN or a transporting carrier had knowledge that such damages could be incurred.

• Force Majeure: SGN and the transporting carrier(s) shall not be legally responsible for loss or damage or a failure or delay in performance of services caused by a Force Majeure. A Force Majeure shall include Acts of God, or the public enemy, natural disasters or weather related events, war conditions, terrorism, governmental interference or requirements, regulations or actions, embargoes, fires, floods, labor disorders, riots or civil disorder, closing of the public highway, inherent vice of the goods being transported, or without construing the foregoing as words of limitation, any other cause beyond SGN’s or a Shipper’s reasonable control.

• Payments Terms, Credit and Collection: Estimated and charges are stated in $/USD. or €/EUR currency unless otherwise specified. Charges must be paid within fifteen (15) days of receipt of invoice prior to pickup, unless a signed agreement exists for alternate payment terms. Charges may be paid by company check, bank check, electronic transfer, credit card, Venmo, CashApp, PayPal, Zelle, Google & Apple Pay. Payments should reference the SGN invoice number or order number.

Late, past due amounts and charge-backs are unauthorized and strictly prohibited. In the event of such activity Shipper will be bared from any, and all future shipments.

Non-credit shippers must pay for charges and services in advance. SGN may extend credit upon request. The decision to extend credit and the amount of such credit is subject to SGN’s sole discretion. Credit will be extended only after a review and approval of Shipper’s current credit report and references. SGN reserves the right to refuse, limit, suspend or terminate credit at any time and also reserves the right to require Shipper to pay invoice in full.

• Shipper Indemnity of SGN: In addition to specific indemnity obligations provided in these terms and conditions, Shipper agrees that it will defend, indemnify and hold SGN harmless from and against all claims, and shall pay and reimburse, any and all loss, damage, claim, fine, cost or expense, including reasonable attorney fees, arising from Shipper’s breach of these terms and conditions, or in any way related to services provided under this Agreement, except to the extent such liability arises directly and proximately from any negligent act or negligent omission of Broker in providing property brokerage services hereunder.

Shipper’s indemnity obligations specifically include, but are not limited to the failure of Shipper, or other party to properly block, brace, or load Shipper’s shipments; comply with applicable laws, commodity restrictions and prohibitions; and to properly describe and label packages, baggage, parcels and freight.

• Choice of Law and Forum: These terms and conditions are to be interpreted under US law, without regard to its conflict of law principles, and any dispute arising under these terms and conditions and any legal action to enforce, apply or construe these terms and conditions shall be brought exclusively in the state or federal courts in Atlanta, Georgia.

Small claims arising from SGN Beachrun France operations are to be interpreted under US Law, and shall be brought exclusively to small claims court in Atlanta, GA, for matters pertaining to SGN Beachrun France operations.

In the event that collection activity or a legal action is initiated to collect unpaid and overdue accounts receivable from a Shipper, in addition to all sums and interest due, SGN shall also be entitled to recover its reasonable attorneys’ fees, collection costs and fees, and court costs. (including with regard to prohibited hazardous materials & items)..

• Governing Language: These Terms and Conditions and all documents related hereto, either present of future, shall be prepared and interpreted in the English or French language only.

• Bills of Lading: SGN may undertake, but is not required to prepare Bills of Lading or comparable shipping documents. Regardless of whether SGN participates in the preparation of the Bill of Lading, such Bill of Lading and its content are the responsibility of the shipper or Customer and Shipper understands and agrees that SGN is not liable for any errors or omissions in any Bill of Lading.

• Complete Agreement and Priority: By tendering perishables, equipments, parcels, rush bags, freight or cargo to SGN for shipment by transporting carriers, Shipper accepts and agrees to the terms and conditions set forth herein. This is the complete agreement and understanding between SGN and Shipper and supersedes any other prior written or verbal agreements, understandings, representations, or assurances between SGN and Shipper as to the subject matter.

As between SGN and Shipper, to the extent this document conflicts with any other agreement, bill of lading, delivery receipt, purchase order, or other shipment related document issued by or on behalf of customer, or on behalf of a shipper, consignor, consignee, or carrier, this document shall control, unless the conflicting document expressly states it controls and is signed by authorized representatives of both SGN and Shipper.

• Binding Authority: The individual authorizing services by SGN and a transporting carrier is an authorized representative of Shipper who has read and fully understands these terms and conditions. Shipper warrants and represents that if it is not the owner of the parcel to be transported under these terms, Shipper holds authority from such owner to bind the owner to these terms and conditions.

• Non-Waiver of Rights: SGN’s waiver of any Shipper default or failure to enforce any term hereof shall not be construed as a waiver of either a subsequent or continuing default or a waiver of any term of these terms and conditions.

• Modification of Terms and Conditions: SGN reserves the right to amend, supplement or delete any or all of the foregoing terms and conditions at any time, without prior notice, and in its sole discretion.

Shipper(s) Signature 

(electronically signed upon booking)