Time Messenger Terms and Conditions of Contract –Effective 08-01-2021
TIME MESSENGER
TERMS AND CONDITIONS OF CONTRACT
The Shipper agrees that carriage and other services performed hereunder are subject to these conditions AND to the rates, rules, and
classifications set forth in KP Management, LLC d/b/a Time Messenger recently effective Rules and Regulations Tariff TIME 100
(herein referred to as “Tariff”), service guide, or supplement, which are available for inspection and incorporated into this contract by
reference. KP Management, LLC d/b/a Time Messenger’s Rules and Regulations Tariff is available to the public for review via the
Internet at http://www.time-messenger.com. The below is a summary of certain portions of KP Management, LLC d/b/a Time
Messenger’s Rules and Regulations Tariff TIME 100.
KP Management, LLC d/b/a Time Messenger will be referred to as “TIME & Carrier” herein.
The Rules and Regulations Tariff explains TIME’s services as well as the rules, terms and conditions of service that apply on shipments
moving under other publications, pricing agreements, individual customer contracts, bill of lading, manifest, or other transit
documentation. Exceptions to any of the items in this publication will be noted in customer specific pricing agreements, statements of
agreed pricing or contracts that apply for individual TIME customers. TIME, in accordance with its obligations under the Interstate
Commerce Commission Termination Act, Section 13710, shall provide to the shipper, on request of the shipper, this publication or any
other written or electronic copy of the rate, classification, rules, and practices upon which the rate applicable to its shipment or agreed
to between the shipper and the Carrier is based. In addition, this publication appears on TIME’s Internet site and may be accessed at
any time, by any party without cost. (www.time-messenger.com).
Waiver of Provisions: Failure on the part of TIME, or any other agent or employee of TIME in any or more than one instance, to insist
upon the performance of any terms, covenants, or conditions of these Rules and Regulations, or to exercise any right or privilege
contained within these Rules and Regulations, or the waiver by TIME of any breach of any of the terms, covenants, or conditions of
these Rules and Regulations shall not be constructed as thereafter waiving any such terms, covenants, conditions, rights or privileges,
but the same shall continue and remain in full force and effect, the same as if no such forbearance or waiver occurred.
To the extent, if any, that conflict or inconsistency exists between these Rules and Regulations and the terms or conditions of any bill of
lading, manifest, stamp, shipping label, or other transit documentation, any other written or oral statements, this Rules and Regulations
Tariff TIME100, as amended, modified, changed, or supplemented, will control.
Rates and service quotations by our employees and agents will be based upon information provided by the shipper, but final rates and
service may vary based upon the shipment actually tendered and the application of the Rules and Regulations herein.
In an effort to provide TIME’s customers with quality service and competitive rates, commodities are shipped at less than full value.
TIME encourages its customers to review this publication as items are subject to limitations of liability, released value or other
requirements, which may relate directly to your shipment. Therefore, all shippers are further encouraged to evaluate their personal or
corporate cargo insurance policies so they may ship their goods at the lowest possible rate while still being insured for full value.
Unless otherwise provided, in computing time in days, standard workdays will be used. Saturdays, Sundays, and Legal Holidays will
not be counted as Days in Transit.
The shipper and consignee, 3rd party and/or beneficial owner will be liable, jointly and severally, to pay or indemnify the Carrier by any
reason of any violation of any of the terms contained in applicable tariffs or any other default of the shipper of such other parties with
respect to a shipment.
Refer to Rules and Regulations for Prohibited Articles and accepted for transportation, and Shipments accepted under Special
Conditions
Restricted Articles, Hazardous & Dangerous Goods: It is the general policy of the Carrier NOT TO ACCEPT Hazardous and Dangerous
goods for transportation.
Bill of Lading and Shipping documents: The shipper shall prepare and present a bill of lading or other form of freight receipt and may
provide additional shipping documentation with each shipment tendered. Any terms or conditions of the bill of lading or additional
shipping documentation shall not apply if they are inconsistent with the Rules and Regulations of the Carrier. The Carrier or the
Carrier’s agents signature does not constitute acceptance of any terms which may vary from the Carrier’s Rules and Regulations and
continued use will not, and does not, constitute an implied acceptance or ratification by the Carrier.
THE CARRIER WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,
IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT THE CARRIER KNEW OR SHOULD HAVE
KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
Limits of Liability: (1) For shipments carrying a declared value, the declared value of any shipment represents the Carrier’s maximum
liability in connection with a shipment, including, but not limited to, any loss, damage, delay, misdelivery, non-delivery, misinformation,
any failure to provide information, or misdelivery of information relating to a shipment. It is the shipper’s responsibility to prove actual damages. The shipper assumes exposure to and risk of any loss in excess of the declared value. You may transfer the risk to aninsurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desireinsurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. (2) For shipments NOT carrying a declared value, the value of the shipment will not exceed $0.50 per pound. The value of $0.50 per pound of any shipment represents the Carrier’s maximum liability in connection with a shipment, including, but not limited to, any loss, damage, delay, misdelivery, non-
delivery, misinformation, any failure to provide information, or misdelivery of information relating to a shipment. It is the shipper’s
responsibility to prove actual damages. The shipper assumes exposure to and risk of any loss in excess of the declared value. You
may transfer the risk to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or
broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. (3) It is agreed and
understood that the value of the shipment solely applies to the product or commodity being transported. Special crates, cases, boxing,
packaging, and parts thereof are for the sole purpose of protecting the cargo, therefore will be exempt from any freight claim. (4)
Undeliverable shipments subject to storage, the Carrier’s maximum liability will default to $0.10 per pound, or fraction thereof,
regardless of any stated or declared value on the original shipping documents. (5) In any event resulting in a claim, the Carrier’s
maximum liability will not exceed the actual cost value of the original goods shipped. Proof of the actual cost value of the goods must
be presented in order to substantiate and file a cargo claim. (6) In any event resulting in a freight claim, the Carrier’s minimum liability is
$50.00 per shipment, or the actual cost value of the original shipment, whichever is less, inclusive of transportation cost.
Overcharge claims: Must be submitted in writing to the Carrier within 180 days following the date of acceptance of the freight for
transportation. The Carrier does not hold liability for overcharge claims applicable to shipments whose transportation charges were not
paid within 30 days.
Reporting of Claims: With respect to any and all incidents of claims, the following shall strictly apply. Failure to abide by these
procedures will result in declination of a claim. (1) Annotations of damage and/or loss on the delivery receipt DOES NOT qualify as
notice to the Carrier, a report of damage, or written notice of an intent to file a loss and/or damage claim. (2) Obvious damage and/or
loss as annotated on the delivery receipt must be reported to the Carrier within 15 calendar days following delivery. (3) Concealed
damage and/or loss (not annotated on delivery receipt) must be reported to the Carrier within one business days of delivery. Note,
receipt of a shipment by the consignee or the consignee’s agent without notation of shortage, loss or damage is prima facie evidence
that the shipment was delivery in good condition. Claims for concealed damage will be declined. (4) Written notification of intent to file
a loss and/or damage claim must be submitted to the Carrier within 15 calendar days following delivery. (5) A request for proof of
delivery does not constitute the filing of a claim. Moreover, documents not constituting claims include, but are not limited to, bad order
reports, appraisal reports of damage, delivery receipts, inspection reports issued by shipper or its inspection agency and notations of
shortages or damages or both on freight bills, delivery receipts or other documents.
Hold For Inspection: All goods must be retained for inspection at the delivery site for 15 days following the notification to the Carrier of
damage and/or loss. The goods must be retained in the original shipping container and all materials used in packing the cargo for
transportation must be held for inspection. If the Carrier or its agent has not performed an inspection within 15 days of notification, or
the Carrier gives a written waiver for inspection, privilege to perform such inspection is forfeited. While awaiting inspection, the
consignee must hold the shipping container and its contents in the same location and condition they were in when the damage and/or
loss was discovered. Failure to abide by these procedures will result in claim denial by the Carrier.
Claim Filing: All formal claims for cargo loss and/or damage must be submitted in writing using a Standard Form of Presentation of Loss
and Damage Claims and must be received within 9 (nine) months of the delivery of the cargo, or if not delivered within 9 (nine) months
of the anticipated date of delivery. Claims may be submitted to: TIME MESSENGER – ATTN: CARGO CLAIMS DEPARTMENT – 140
E. FULLERTON AVENUE CAROL STREAM, IL 60188
Limitations of Legal Actions: (1) The right to damages against the Carrier under any cause of action arising from the transportation of
any shipment pursuant to the Rules and Regulations of the Carrier shall be extinguished unless action is brought within two years from
the date of delivery of the shipment or from the date on which the shipment should have been delivered. (2) The right to damages
against the Carrier under any cause of action arising from the transportation of any shipment pursuant to the Rules and Regulations of
the Carrier shall be extinguished unless all applicable notice periods in these Rules and Regulations. (3) Shipper, consignee, Third
Party, entity requesting services, and beneficial owner, inter alia, acknowledge that by utilizing and benefiting from this Tariff, including
but not limited to the tender of a shipment to which this tariff applies or the receipt for a shipment constitutes entering into a contract
with a material nexus so that they have sufficient contacts with the State of Illinois to vest jurisdiction therein and hereby forever waive
any objection to exclusive Illinois jurisdiction, agree thereby to proper venue within DuPage County, Illinois, agree to be subject to the
jurisdiction of the State of Illinois, waive any right to a trial by jury, and agree not to raise, and hereby waive, any defense based on
venue, lack of personal or subject matter jurisdiction or sufficiency or service or process; provided further, that in the event such
jurisdiction and venue is contested unsuccessfully, they and each of them shall indemnify (inclusive of attorney fees and costs) and
hold ALGWW and SERVICE PROVIDER harmless from all costs incurred. (4) Each dispute shall be decided on an individual basis and
will not be consolidated in any action with the disputes or claims of other parties. Parties agree by the implementation and use of this
Tariff not to sue as a class plaintiff or class representatives, join a class as members, or participate as adverse parties in any way in a
class lawsuit with respect to any dispute or claim relating to the Rules and Regulations or the services provided.