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<h2>Terms and Conditions</h2>
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<p>
1. AGREEMENT TO TERMS AND CONDITIONS. In tendering the shipment, the Shipper agrees to these
terms and conditions, which no agent or employee of the parties may alter, and that this airbill
is nonnegotiable and has been prepared by the Shipper. The Shipper also agrees to these terms
and conditions on behalf of any person or entity with an interest in the shipment. The Shipper
warrants and represents to On Target Professionals that the information inserted on the face of
this airbill is complete and accurate. It is also agreed among the parties that the shipment
where applicable is governed by On Target Professionals' tariff(s) which are hereby incorporated
into this contract and Shipper agrees to be bound by the terms and conditions of said tariff(s).
A copy of said tariff is available for inspection at the offices of On Target Professionals by
request. To the extent these terms and conditions conflict with the tariff(s), this airbill
shall control. Except to the extent of any written contract between shipper and On Target
Professionals, this airbill supersedes and negates any claimed, alleged or asserted oral
agreement, promise, representation or understanding between the parties with respect to this
shipment.
</p>
<p>
2. SHIPPER'S WARRANTY. Shipper warrants that each package in this shipment is
properly and completely described on this airbill, is properly marked and addressed, is packaged
properly and adequately to protect the contents in the normal course of transportation, and
except as noted on the airbill, is in good order and condition.
</p>
<p>
3. At time of delivery, the consignee must note on the delivery receipt any exceptions to the condition of the shipment or
the shipping containers. On Target Professionals shall not be liable for concealed damage not
noted on the delivery receipt unless Shipper is able to prove that such loss or damage occurred
while the Shipment was in On Target Professionals' possession. In addition, On Target
Professionals shall not be liable for damage to exterior packaging and outside shipping
containers, damage/loss to articles that are adequately packaged but shipped in unenclosed
containers and marked to insure safe transportation with ordinary care in handling unless
mishandling an/or loss is evident and is so noted on the delivery receipt at time of delivery.
On Target Professionals must be notified in writing of any loss or damage to the shipment no
later than 14 days after the date of delivery. On Target Professionals is entitled to inspect
the shipment and any materials used to package or protect the shipment for transportation at the
place of delivery. The failure to give timely notice of any loss or damage or the failure to
permit or arrange inspection as required herein shall constitute a bar to any claim for loss or
damage: it is incumbent upon the claimant and any other interested party to mitigate the damages
to the extent that is reasonably possible. ALL claims for loss or damage must be received in
writing by On Target Professionals no later than 180 days after the date of delivery. Such
claims must include copies of the airbill, delivery receipt, invoice and any other documents
supporting the claim; no claim will be considered until all transportation charges have been
paid. Claims may not be deducted from transportation charges. In the event On Target
Professionals pays a claim, On Target Professionals shall be entitled to possession of the
portion of the shipment for which claim was made as salvage. The failure to provide the salvage
shall be a bar to recovery of any claim. Claims for overcharges must be received in writing by
On Target Professionals no later than 6 months after the date of delivery. Suit to recover for
any loss, damage or overcharge must be instituted within one year from the date the claim has
been denied in writing, in whole or in part, by On Target Professionals. Note, a clear delivery
receipt shall be prima facie evidence of ordinary care in handling and receipt of the shipment
in good condition. Any claim for damage to consignee's premises incurred during delivery will be
deemed untimely unless noted on the front hereof or reported to the delivering carrier within 24
hours of delivery. Failure of the consignee to notify On Target Professionals of any such damage
in a timely manner will be grounds for declination of any such claim; and the consignee will be
barred from pursuing any such claim in a court of law or otherwise. In order for On Target
Professionals to consider any claim, On Target Professionals must be allowed the privilege to
make inspection of any property damage.
</p>
<p>
4. Due to the inherent nature of the transportation
business, On Target Professionals does not guarantee pick up, transportation, or delivery by a
stipulated time, nor shall On Target Professionals be liable for the consequences of failure to
do so.
</p>
<p>
5. On Target Professionals shall not be liable for loss, damage, delay or monetary
losses of any type caused by: Acts of God, public authorities acting with actual or apparent
authority, strikes, labor disputes, weather, mechanical failures, aircraft failures, civil
commotions, acts or omissions of customs or quarantine officials, the nature of the freight or
any defects thereof, public enemies, hazards incident to a state of war, acts of terrorism, and
by acts, defaults, or omissions of the shipper or consignee for failure to observe the terms and
conditions of the contract of carriage contained in this shipping document, including but not
limited to improper packing, marking, incomplete / inaccurate shipping instructions and the
rules relating to freight not acceptable for transportation or freight acceptable only under
certain conditions as outlined below.
</p>
<p>
6. On Target Professionals' limitation of liability, in
the absence of a higher declared value for carriage, is limited to $0.50 per pound per piece
lost or damaged with a minimum of $50.00 per shipment or the actual invoice value of the article
or articles lost or damaged if a lesser amount. Value Insured for carriage by the shipper at the
time of receipt of the shipment by On Target Professionals shall be subject to a valuation
charge of $.70 per $100 insured; the Insured amount must be equal to the actual invoice value of
the shipment. In the event the Insured amount is less than total invoice value, On Target
Professionals will only be liable for the same fraction of the insured amount. On Target
Professionals will not accept shipments for transportation with a declared value in excess of
$20,000 unless a specific arrangement for additional cargo coverage or self insurance has been
received in writing. Failure to provide this advanced notification will nullify any claims. In
the event that such a shipment is inadvertently accepted, the standard limits of liability will
apply. Unless prior arrangements are made, On Target Professionals individual limit per shipment
shall not exceed $2000.00.
</p>
<p>
7. PROHIBITED CARGO. The following articles will not be accepted for
carriage: any shipment prohibited by law; original works of art, antiques; bonds; coins of any
kind; currency; currency equivalents; furs; fur clothing; gems or stones (cut or uncut);
industrial diamonds; gold or silver; coined concentrates; jewelry (other than costume jewelry);
pearls; precious metals; securities (negotiable); time sensitive written material (e.g. bids,
contract proposals, etc. when the declared value exceeds $0.50 per pound); one-of-a-kind
articles or models; prototypes; valuable rugs (i.e. Oriental rugs, Persian rugs) and prints or
lithographs and household goods and/or personal effects when the total declared value of the
shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece. On
Target Professionals shall not be liable for any loss, damage, delay, liabilities, penalties or
fines resulting from the transportation of any of the foregoing articles, however described or
misdescribed in this shipping document, and no employee or agent of On Target Professionals has
any authority to accept for transportation such articles or to waive the limitations herein
contained. On Target Professionals retains the right to refuse any such shipment prior to
acceptance. In the event On Target Professionals discovers after acceptance of a shipment that
the shipment contains any of the herein mentioned articles, it reserves the right to refuse the
shipment, or if already in transit, to refuse to deliver the shipment to the consignee. Shipper
agrees to pay all expenses, freight charges, fines and penalties for said shipment. Shipper
further agrees to indemnify and hold harmless On Target Professionals from any and all loss,
damage, delay, liabilities, penalties or fines of whatsoever nature arising out of or related in
any way to said shipment.
</p>
<p>
8. In accordance with the Transportation Security Administration
(TSA), shipper, consignee and bill-to parties authorizes consent to screen all cargo tendered to
On Target Professionals or authorized agents.
</p>
<p>
9. Shipper and consignee shall hold On Target
Professionals and its agents harmless for loss / damage / delay or any monetary losses which are
a result of auxiliary services including, but not limited to, local cartage, crating, uncrating,
packing, warehousing, and unpacking, which are requested by the shipper or consignee and
arranged by On Target Professionals as a customer service. Such limitation of liability shall
extend to the selection by On Target Professionals of the providers of the auxiliary services.
Auxiliary services are those which are performed prior or subsequent to transportation and which
may be billed directly by the provider of the services or by On Target Professionals. Providers
of auxiliary services are contractors for the shippers or consignee and are not agents for On
Target Professionals. NOTE: Under no circumstances will the liability of On Target Professionals
for any monetary loss which is a result of any auxiliary services performed by On Target
Professionals or is agents be greater than the liability contained in this contract.
</p>
<p>
10. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is
greater.
</p>
<p>
11. The Shipper, the Consignee and the Bill to Party shall be jointly and separately
liable for all unpaid charges payable on account of this shipment pursuant to this contract and
to pay or indemnify On Target Professionals for claims, fines, penalties, damages, costs
(storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may
be incurred by On Target Professionals by reason of any violation of this contract or any other
default of the shipper or consignee or their agents. On Target Professionals shall have a
general lien on any and all property within their care, custody and control for charges and
expenses advanced by On Target Professionals. On Target Professionals may refuse to surrender
possession of the goods until such charges are paid. Should On Target Professionals bring legal
action for the enforcement of this contract or collection of any sums due and payable under this
contract, On Target Professionals shall be entitled to reasonable attorney fees and costs.
</p>
<p>
12. Confidentiality - The shipper, receiver, bill to party and all other parties entitled access to
this information will hold all information as proprietary and confidential. This information
includes but is not limited to pricing, web tools, documents, process, procedures, agents and
employees. These specific terms covered under item 12 of this agreement will remain in effect of
2 years after termination with the exception of items deemed as trade secrets which will remain
in effect so long as these items remain trade secrets. These terms are governed in the Federal
or State courts of Minnesota. Additionally, this agreement does not constitute a partnership,
relationship or joint venture.
</p>
<p>
13. Partner is responsible for payment of all shipments made
under their assigned Partner account number. All invoices not paid within terms will be subject
to late payment fees until paid in full.
</p>
<p>
14. If this is an international shipment, a.) Rules as
established by the Warsaw Convention and Montreal Protocol 4 shall apply b.) tariff rules and
regulations shall apply to any shipment or portion of any shipment which is not governed by the
Warsaw Convention, c.) accepts this shipping document as a shipper's letter of instruction with
authorization to prepare and sign on shipper's behalf an international shipping document, d.)
reserves the option to act as agent of the carrier, instead of as a forwarder, in which event
the direct carrier's tariffs shall apply to this shipment and, e.) a shipper may avoid the
applicable limitation of liability for loss or damage by declaring on the face of this shipping
document the actual value of the shipment and by paying the applicable excess value charge as
set forth in Section 6 above.
</p>
<p>
15. Collect on Delivery (C.O.D.) service is provided under the
following conditions: a.) shipper must identify the shipment as a C.O.D. shipment in the Special
Instructions box on the front of this shipping document and by entering the amount to be
collected in the C.O.D. Amount box on the front of this shipping document; b.) shipper must
specify the type of payment to be received (e.g., check, money order or cashier's check) in the
special Instructions box on the front of this shipping document (no cash allowed); c.) each
shipping container must be clearly marked C.O.D. and the amount to be collected must be marked
on the side of the container containing the address label; and d.) On Target Professionals and
shipper agree that On Target Professionals does not guarantee or verify that a check, money
order, cashier's check or other such financial instrument is valid or negotiable. All payments
are collected at shipper's risk.
</p>
<p>
16. On Target Professionals shall have the right to: a.)
substitute alternate carriers or other means of transportation and b.) select the routing or
deviate from that shown on the face hereof, provided, however, that no substitution, rerouting
or deviation affects the requested delivery commitment.
</p>
<p>
17. Where On Target Professionals is
not the Shipper and Partner is utilizing direct small parcel services or On Target Professionals
Freight Broker services the following additional terms apply: a. Partner agrees to be bound by
the terms of the carrier utilized. These terms can be found on utilized carriers' website or on
the back of carriers' airbill. b. Partner agrees to be billed for services from On Target
Professionals and to pay additional penalties assessed by carrier for non payment of services.
c. Partner agrees to payment of additional charges assessed by carrier as a result of
corrections, modifications, changes or any other reason. In these events, On Target
Professionals will work on Partners behalf to overturn any inaccurate charges, however, all
charges must be paid in full on due date per carriers terms. Any credits will be provided once
and if resolved.
</p>
<p>
18. If any provisions in this agreement are found to be unenforceable, that
portion will be enforced to the maximum allowable by law and all other portions will not be
affected. Any portion that has been waived pursuant to court order does not affect the same
portion on other agreements or occasions.
</p>
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