Summary of Our Terms and Conditions
BAY HAUL OF FAME®
1. The BAY HOF Contract With You: These terms and conditions, along with those set out in the Service Guide are all the terms of the contract between you (the sender of the shipment) and us (Bay Haul of Fame, and/or Employee). When you tender a shipment to us, you accept our terms for you, and for anyone else who has a legal interest in the shipment. Our terms and conditions also protect anyone with whom we may contract to collect, transport, or deliver your shipment. No employee of Bay Haul of Fame, or anyone else has any authority to change any of our terms or conditions, or make any promises on our behalf. If there is a conflict between the terms and conditions of the Air Waybill (Shipping Label), this Service Guide then in effect, the current Service Guide will control, in that order of priority.
2. What “Shipment” Means: A shipment means all allowable contents that travel under one Air Waybill (Shipping Label), not just any single document or item included in a shipment. You certify that the shipment details are complete and accurate. You agree that all shipments may be carried by any means, including air, surface, or any other carrier including subcontractor.
3. Your Obligations: You warrant that each article in the shipment is properly described on this Air Waybill (Shipping Label) and any accompanying documents, acceptable for transport by us, and properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. You are responsible for all charges, including possible surcharges, Customs and duties assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our attorney fees and legal costs, related to this shipment.
4. Allowable Contents: We accept as shipments any shipment for pickup and delivery in California, for out of state delivery shipment will be outsourced to a third party company. No shipment may contain contents with a total value greater than US $2,499. NON-DOC shipments may be subject to inspection.
5. Prohibited Contents: We do not accept as a shipment anything that is considered a restricted article or hazardous material as defined by the Department of Transportation (DOT), or dangerous goods as defined by the International Air Transport Association (IATA) or the International Civil Aviation Organization (ICAO), or certain other items listed in the Service Guide or International Mail Manual (IMM), such as cash or cash equivalents. See the Service Guide for additional prohibited items and restrictions for this service.
6. Customs: You are responsible for and warrant your compliance with all applicable laws, rules, and regulations, including but not limited to Customs laws; import, export, and reexport laws; and governmental regulations of any country to, from, through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to this Air Waybill (Shipping Label) such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or any other person for any losses or expenses due to your failure to comply with this provision.
7. Export Control: You hereby certify that all statements and information contained in this Air Waybill (Shipping Label) and any accompanying documents relating to exportation are true and correct. You certify that this shipment does not require filing of Electronic Export Information, or EEI (formerly known as Shipper’s Export Declaration, or SED) or any such filing of export data. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements, or for violation of any United States Laws on exportation, including but not limited to 13 USC Sec. 305, 22 USC Sec. 401, 18 USC Sec. 1001, and 50 USC App. 2410.
8. Letter of Instruction: If you do not complete all the documents required for carriage or if the documents you submit are not appropriate for the services or destination requested, you hereby instruct us, where permitted by law, to complete, correct, or replace the documents for you. However, we are not obligated to do so. If a substitute form of air waybill is needed to complete delivery of your shipment and we complete that document, the terms of this Air Waybill (Shipping Label) will continue to govern. We are not liable to you or any other person for our actions on your behalf under this provision.
9. Loading Board Site: Bay Haul of Fame use loading board site and offer service or services. If the offer was accepted by the shipper the shipment will be delivered to the recipient in accordance with the transit location and times outlined in the Service Guide.
10. Loss or Damage Claims: If the shipment is lost or damaged, you should informed us by sending an email to firstname.lastname@example.org. Representative will provide more details on how to file a claim. The original receipt of this Air Waybill (Shipping Label) may be required when filing a claim. For lost or damaged shipment, shipper does not relieve the responsibility to pay the carrier for shipping fee or freight charges. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and packing must be available to us for inspection. Written documentation supporting the amount of a claim may also be required. All supporting documentation must be submitted to us. Bay Haul of Fame is not Insurance company, we will only assist you filing a claim. To help our customer Bay Haul of Fame offer to pay the deductible amount applied to your claim up to $1000 Maximum. In order for us to pay the deductible amount applied to your claim, you must submit the Insurance explanation of payment.
11. Insurance Coverage: Additional insurance may be purchased for shipments not to exceed the total shipment value of US $2000 or a lesser amount as limited by country, content, or value. You are responsible for requesting insurance and paying the applicable fee. Regardless of who is at fault, if you fail to pay the applicable fee, our liability will be limited to US $150. As provided in Paragraph 15 below, DOC shipments are insured up to US $150 per shipment at no additional charge for document reconstruction (for the reasonable costs incurred in reconstructing duplicates of nonnegotiable documents mailed), and NON-DOC shipments are insured against loss or damage up to US $150 per shipment at no additional charge. Additional insurance may be purchased for an additional fee from a cargo insurance third party. Consult the Service Guide for insurance fees, limitations, and terms of coverage to each individual country.
Limits of Liability
Limits of Cargo Liability*
Bay Haul of Fame LLC, (“Bayhauloffame“) provides service through a website portal (the “Site,“) and electronic communication for you, the user (“You“) to request for service or services. All product services described in this Section, as well as any other products and services offered by other Load Board companies at any time shall be defined herein as “Service” or “Services.” In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service agreement (the “Agreement“). This Agreement may be modified by BAY HAUL OF FAME from time to time at our sole discretion, and you may be notified as set forth below. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Bayhauloffame-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
i. Limits of Cargo Liability Specific to Type of Service or Origination/Destination. Unless otherwise agreed
in writing, the following limits of cargo liability specific to type of service or origination/destination shall apply to
BAY HAUL OF FAME and its contracted service providers:
a. Shipments tendered as expedited LTL for which neither item 4.B.i.c. nor 4.B.i.d. applies shall be
released to a maximum value for all claims arising out of loss or damage in transit of the greater of (I) $0.50 per
pound and (II) $50.00 per Shipment, plus transportation charges applicable to that part of the Shipment lost or
damaged, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on the
Waybill (see item 4.B.iii. below).
b. Shipments tendered as TLS for which neither item 4.B.i.c. nor 4.B.i.d. applies shall be released to
a maximum value for all claims arising out of loss or damage in transit of actual value, subject to a maximum
liability of $100,000 per occurrence, unless at the time of tender, the Shipper declares a higher value and signs in the
space designated on the Waybill (see item 4.B.iii. below).
c. Shipments having a prior or subsequent movement by international air and moving on a through
Waybill shall be quoted at time of booking and released to a maximum value for all claims arising out of loss or
damage in transit of $2.07 per pound or $5.00 per kilogram, subject to a maximum liability of $100,000 per
occurrence, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on the
Waybill (see item 4.B.iii. below).
d. Shipments having a prior or subsequent movement by water and moving pursuant to a door-todoor ocean bill shall be quoted and released to a maximum value for all claims arising out of loss or damage in
transit of $500 per package (COGSA limitation), subject to a maximum liability of $100,000 per occurrence, unless
at the time of tender, the Shipper declares a higher value and signs in the space designated on the Waybill
(see item 4.B.iii. below).
e. No Signature Shipments, in the absence of prior special arrangements, shall be released to a value
f. Notwithstanding anything in these Service Conditions or elsewhere to the contrary, for purposes
of BAY HAUL OF FAME responsibility for any cargo lost or damaged, BAY HAUL OF FAME and Customer agree that all
Shipments either originating in or ultimately destined to Mexico shall be deemed as either originating or terminating
at the border point in the United States, despite the issuance of a through Waybill. As permitted by 49 U.S.C.
§14101(b)(1), BAY HAUL OF FAME and Customer expressly waive all rights and remedies they may have as to each
other under 49 U.S.C. § 14706 for all cargo loss, delay, damage, or destruction claims arising in Mexico, and
Customer agrees that BAY HAUL OF FAME shall not be liable for any and all such claims. In the event that the cargo
loss or damage is first discovered after delivery of the freight to Consignee, whether the load originated in Mexico
or was ultimately destined to Mexico, the damage will be presumed to have occurred in Mexico absent a
preponderance of direct evidence to the contrary. Except as otherwise stated in these Service Conditions, neither
party waives any rights or remedies it may have as to any third party.
ii. Exceptions to Cargo Liability. Notwithstanding anything in these Service Conditions or elsewhere to the
contrary, neither BAY HAUL OF FAME nor its contracted service providers shall have any liability for any loss or
damage to cargo caused by or resulting from the following: (a) an act or omission of Customer or the shipper or
their respective employees, agents, officers, contractors, or representatives; (b) any force majeure, including, but not
limited to, acts of a public enemy, revolution, civil disorder, war, fire, flood, or orders of any government or public
or local authority; or (c) the inherent vice of any Shipments. Moreover, neither BAY HAUL OF FAME nor its contracted
service providers will be held responsible for shortages on shipper load and count Shipments where the trailer is
received at destination with seals intact. The failure to indicate “SL&C”, “subject to shipper count”, or like
notations on shipping documents shall not be a conclusive determination of BAY HAUL OF FAME ’s or its contracted
service provider’s liability, nor shall BAY HAUL OF FAME or its contracted service provider be precluded from
disclaiming liability therefor due to such omissions.
iii. Alternative Rates Available. At time of booking, whether through BAY HAUL OF FAME website or by
written agreement acknowledged by an authorized representative of BAY HAUL OF FAME, Customer may declare an
increased valuation above the applicable limitation. In the absence of special arrangements, neither
BAY HAUL OF FAME nor its contracted service providers shall be liable for cargo damages in excess of $50,000.00 per
Shipment, regardless of the declared value. Customer may make special arrangements for liability coverage greater
than $50,000.00 by calling their preferred cargo insurance company and requesting the increased limit. Liability shall in
no event exceed the lesser of (a) the declared value of the Shipment plus applicable freight charges and (b) the actual
amount of loss or damage. If Customer executes a release rate in excess of $50.000.00 per Shipment without having
made special arrangements and obtaining special rate approval, and the Shipment is inadvertently accepted by
BAY HAUL OF FAME , it shall be considered released at $50,000.00 per Shipment and will move subject to such
limitations, applicable rates, and insurance charges. When Customer declares a value that exceeds the greater of
(I) $0.50 per pound and (II) $50.00 for a domestic Shipment, an additional charge of $0.65 for each $100.00 or
fraction thereof will be charged subject to a minimum charge of $2.00 per Waybill. When Customer declares a value
that exceeds $9.07 per pound or $20.00 per kilogram for an international Shipment moving on a through Waybill, an
additional charge of $0.85 for each $100.00 or fraction thereof will be charged subject to a minimum charge of
$2.50 per Waybill.
iv. Cargo Insurance; Customer Indemnification. Customer understands and agrees that the rates charged for
BAY HAUL OF FAME services do not include insurance or other compensation for loss other than as expressly
provided herein. BAY HAUL OF FAME contracts with its service providers are made in reliance upon the limits of
liability established by BAY HAUL OF FAME under its contracts, including these Service Conditions, with each
Customer. Accordingly, Customer agrees to indemnify and hold BAY HAUL OF FAME and its contracted service
providers harmless from any demand for any sums greater than the limits of cargo liability provided for herein by
any third party, including beneficial owners and subrogees.
BAY HAUL OF FAME can assist Customer, upon Customer’s request, with the placement of cargo insurance.
BAY HAUL OF FAME is not an insurance company or insurance broker. Unless requested by Customer to do so in
writing and confirmed to Customer, BAY HAUL OF FAME is under no obligation to procure insurance on Customer’s
behalf. Additional information concerning cargo insurance, insurance deductibles, policy exclusions, and excluded
commodities is available upon request.
BAY HAUL OF FAME use loading board site (Shiply, uShip, Convo, Task Rabbit) and offer service or services. We carry and maintain the same Terms and Condition.
WE ARE NOT LIABLE FOR
1. Delayed Shipments: We will make our best effort to deliver your shipment according to our regular delivery schedules. Except as provided in Paragraph 15 below, ARC, FedEx, UPS, and/or their agents are not liable for any losses or damages caused by delays, even if they are our fault, in picking up, transporting (including delays caused by diversions), or delivering a shipment.
2. Circumstances Beyond Our Control: We are not liable if a shipment is lost, misdelivered, damaged, or delayed because of circumstances beyond our control. These circumstances include: terrorist activity; strikes; labor actions; an “act of God,” for example an earthquake, cyclone, storm, or flood; “force majeure,” for example war, plane crash, or embargo; import/export clearance delays; any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it; or any action or omission by anyone outside ARC, FedEx Express, UPS, or their agents, for example the sender of the shipment, the recipient, or an interested third party, Customs or government officials, or other carriers or third parties with whom we contract to deliver to destinations that we do not serve directly. We are not liable even if you, the sender, did not ask for or know about a thirdparty delivery. We are also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.
3. Consequential Damages: We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence, and even if they are our fault: consequential or special damages or loss; other indirect loss; or breach of other contracts. Consequential damage or loss includes but is not limited to loss of income, profit, interest, markets, and use of contents.
4. Extent of Our Liability: We make no warranties, express or implied. Our liability for a shipment that is not delivered according to the agreement of service we accepted from a loading board site. Unless additional insurance is purchased, our liability for a lost or damaged shipment is limited to the lowest of US $150. These terms and conditions, and where applicable the Warsaw Convention, limit and/or exclude our liability for loss, damage, or delay. You agree that there are no agreed stopping places, and we reserve the right to route the shipment in any way we deem appropriate.
5. False Statements and Right to Inspect: The submission of a false, fictitious, or fraudulent statement may result in criminal complaint depending on the nature of the violation (18 USC Sec. 1001). In addition, a civil penalty of up to US $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (31 USC Sec. 3802).
6. Mandatory Law: Insofar as any provision contained or referred to in this Air Waybill (Shipping Label) may be contrary to any applicable international treaties, laws, governmental regulations, orders, or requirements, such provision shall remain in effect as part of our agreement to the extent that it is not overridden. The invalidity or unenforceability of any provision shall not affect any other provision contained or referred to in this Air Waybill (Shipping Label). Unless otherwise indicated, the sender’s address indicated on the face of this Air Waybill (Shipping Label) is the place of execution and the place of departure, and the recipient’s address listed on the face of this Air Waybill (Shipping Label) is the place of destination.