Contract of Carriage/Terms

Conditions of Contract of Carriage

1. In tendering the shipment described herein for carriage, the Shipper agrees to these Conditions of Contract which no agent or employee of the parties may alter, and agrees that this Contract of Carriage is non-negotiable and has been prepared by him or on his behalf by the Carrier.

2. It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified therein, subject to the governing classifications and tariffs of each of the transporting carriers over their respective segments of the routing in effect on the dates(s) of transportation and which are filed in accordance with law. Such classifications and tariffs are available for inspection by the parties hereto and are hereby incorporated into and made part of this contract.

3. The Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.

4. DMC Logistics has the right but not the obligation to inspect any shipment including, without limitation, opening the shipment.

5. The liability of DMC Logistics for any loss or damage to the shipment (which terms shall include all documents or parcels consigned to DMC Logistics under this Contract of Carriage) is limited to the less of: (A) $100 or (B) The amount of loss or damage to a document or parcel actually sustained.

6. DMC Logistics shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not DMC Logistics had knowledge that such damages might be incurred, including, but not limited to, loss of income, profits, interest, utility or loss of market.

7. While DMC Logistics will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, DMC Logistics will not, under any circumstances, be liable for delay in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, DMC Logistics shall not be liable for any loss, damage, mis-delivery or non-delivery due to act of God, occurrence or any cause reasonably beyond the control of DMC Logistics, or caused by, the act, default for omission of the Shipper, the Consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof) or of any person other than DMC Logistics or other entity or person to whom a shipment is tendered by DMC Logistics for transportation to any location not regularly served by DMC Logistics regardless of whether the Shipper requested or had knowledge of such third party delivery arrangements. DMC Logistics shall not be liable for loss or damage to Electrical or Magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form.

8. In the event no employee, agent or representative of Consignee is available for acceptance of shipment at address of delivery, Shipper by this directs DMC Logistics to leave shipment at address of delivery and assumes to himself full responsibility in the event of loss, destruction and/or disappearance of said shipment. DMC Logistics failure to object to, or exercise any remedy with respect to, and any act or omission of Shipper, shall not be deemed a waiver of its rights herein.

9. Any claim must be brought by the Shipper and delivered in writing to DMC Logistics within 30 days of the date shipment was accepted. No claim may be made against DMC Logistics outside of that time limit. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owed DMC Logistics.