Terms of service
Convention Attendee Shipping Agreement
Terms & Conditions
Shipping Services
Company acts solely as a shipping coordinator and logistics facilitator. Company is not a common carrier, freight carrier, freight forwarder, warehouseman, insurer, or guarantor of Customer's shipment. Company provides shipping coordination services and may arrange transportation through independent third-party carriers selected by Company or requested by Customer.
Customer requests that Company arrange shipment of books and related merchandise purchased at a convention, trade show, book fair, or similar event.
Customer Packaging and Shipping Information
Unless Company separately agrees in writing to provide packing services, Customer acknowledges that Customer has personally selected, packaged, and prepared the shipment for transportation. Company has no duty to inspect the adequacy of Customer's packaging and assumes no responsibility for damage resulting from inadequate or improper packaging, insufficient cushioning, improper sealing, overpacking, underpacking, or other packaging deficiencies not caused by Company.
Customer is solely responsible for providing complete and accurate recipient names, shipping addresses, telephone numbers, email addresses, and other delivery information. Company shall not be responsible for delays, additional shipping charges, failed deliveries, or returned shipments resulting from inaccurate or incomplete information supplied by Customer.
Customer agrees to respond promptly to Company's reasonable requests for shipping information, payment, customs documentation, delivery instructions, recipient information, or other information necessary to complete the requested services. Failure to respond within a reasonable time may delay shipment and may result in additional storage fees, carrier charges, or other costs, all of which shall be the sole responsibility of Customer.
Customer Representations
Customer represents and warrants that the shipment contains only lawful items. Customer further represents that the shipment DOES NOT contain:
- Hazardous materials
- Explosives
- Compressed gasses
- Lithium batteries
- Aerosols
- Alcohol
- Tobacco or nicotine products
- Cannabis products
- Biological materials
- Firearms
- Ammunition
- Liquids
- Perishable goods
- Illegal drugs or controlled substances
- Weapons
- Any item prohibited by applicable law or carrier policies
Customer understands that Company reserves the right, but shall have no obligation, to inspect, reject, delay, refuse, or discontinue any shipment that:
- violates carrier policies;
- violates any applicable law;
- contains prohibited or hazardous materials;
- presents a safety or health risk;
- cannot be safely packaged or transported;
- contains inaccurate or incomplete shipping information; or
- in Company's reasonable judgment cannot be shipped safely or legally.
Shipping Carrier
Company may utilize third-party carriers, including but not limited to USPS, UPS, FedEx, DHL, or other shipping providers.
Customer acknowledges that shipment delivery times are estimates only and are not guaranteed.
Force Majeure
Company shall not be liable for any delay, interruption, failure to perform, or inability to provide services resulting from causes beyond Company's reasonable control, including but not limited to weather events, natural disasters, acts of God, carrier interruptions or delays, transportation disruptions, labor disputes, strikes, governmental actions, customs delays, convention cancellations, convention schedule changes, venue restrictions, venue closures, author cancellations, inventory shortages, product unavailability, equipment failures, power outages, pandemics, civil disturbances, or any other event beyond Company's reasonable control.
Insurance Election
Customer understands that shipping insurance may be available and will elect to either decline or accept it as part of the order process. If Customer declines shipping insurance, Customer accepts all risk of loss, theft, delay, or damage occurring after shipment is tendered to the carrier. If Customer elects shipping insurance, Customer agrees to pay any applicable insurance charges and to provide a declared value of the shipment as part of that election.
International Shipments
Customer is solely responsible for all customs duties, import duties, value-added taxes (VAT), tariffs, brokerage fees, customs clearance charges, governmental assessments, and any other taxes or charges imposed by the destination country or any governmental authority. Customer shall also be solely responsible for providing all documentation required for customs clearance. Company shall have no responsibility for delays, refusals, seizures, inspections, customs holds, or additional charges imposed by customs authorities or governmental agencies.
Fees, Payment, and Pricing
Customer agrees to pay all fees, charges, shipping costs, carrier charges, packaging costs, insurance premiums (if elected), storage charges, handling fees, return shipping charges, and any other amounts associated with the services provided by Company (collectively, the "Charges"). Unless otherwise agreed in writing, all Charges are due and payable upon Company's demand and prior to Company's release or tender of the shipment to the selected carrier.
Company reserves the right to refuse, delay, or withhold shipment, delivery, or release of any package or property until all outstanding Charges have been paid in full. Customer shall remain responsible for any additional storage charges, carrier fees, or other costs incurred as a result of any delay in payment.
Any quotation, estimate, or pricing information provided by Company is furnished solely as a convenience to Customer and is based upon the information available at the time the estimate is prepared, including but not limited to the shipment's weight, dimensions, destination, packaging requirements, declared value, insurance election, and applicable carrier rates. Actual Charges may increase or decrease based upon the shipment as tendered, carrier pricing in effect at the time of shipment, additional services requested, or other factors affecting the cost of shipment. Customer agrees to pay the actual Charges incurred, notwithstanding any prior estimate or quotation.
Additional Charges
Customer shall be responsible for all additional costs incurred as a result of:
- incorrect or incomplete shipping information;
- address corrections;
- rerouting requests;
- refused deliveries;
- returned shipments;
- customs duties or import charges;
- customs delays;
- storage charges;
- carrier surcharges;
- reshipment charges; and
- any other charges incurred as a result of Customer's instructions, omissions, or failure to comply with this Agreement.
Company may require payment of all such charges prior to releasing or reshipping the shipment.
Limitation of Liability
Company's responsibility for the shipment is limited to the period during which the shipment is in Company's actual physical possession. Company's responsibility immediately terminates upon tender of the shipment to the selected third-party carrier, after which all responsibility for transportation, handling, delivery, delay, loss, or damage rests solely with the applicable carrier, subject to the carrier's terms and conditions and any applicable insurance coverage.
Notwithstanding anything contained in this Agreement to the contrary, Company's aggregate liability for any and all claims, losses, damages, or causes of action arising out of or relating to this Agreement or the services provided hereunder, whether sounding in contract, tort (including negligence), strict liability, or otherwise, shall in no event exceed the total amount actually paid by Customer to Company for the shipment giving rise to the claim, except to the extent such limitation is prohibited by applicable law or the claim results from Company's intentional misconduct or gross negligence.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR:
- Loss, theft, damage, destruction, delay, or mis-delivery of shipments;
- Acts or omissions of shipping carriers;
- Weather conditions, natural disasters, labor disruptions, transportation delays, or other events beyond Company's control;
- Consequential, incidental, indirect, special, exemplary, or punitive damages of any kind, including but not limited to travel expenses, lodging expenses, replacement purchases, sentimental value, collectible value, lost opportunities, emotional distress, inconvenience, or any other economic or non-economic losses arising out of or relating to the shipment.
- Where insurance is declined, Customer assumes all risk of loss, theft, delay, or damage occurring after Company tenders the shipment to the selected carrier.
- Where insurance is purchased, Customer's recovery shall be limited to the amount available under the applicable insurance coverage and carrier procedures.
Customer acknowledges that the fees charged by Company are based upon the foregoing allocation of risk and that Company would not provide the requested services at the agreed rates absent the limitations of liability contained in this Agreement.
Claims
Customer shall inspect each shipment immediately upon delivery to the original shipping address designated by Customer. Any claim for visible loss, damage, shortage, or other apparent defect must be reported directly to the delivering carrier, with a copy to Company, within seventy-two (72) hours after delivery to the original shipping address, regardless of whether the shipment is subsequently forwarded to another location or recipient.
Customer acknowledges that the use of mail forwarding services, package forwarding services, freight consolidators, or third-party receivers shall not extend or toll any claim reporting deadlines imposed by the carrier or this Agreement.
Claims involving insured shipments shall be subject to the carrier's and/or insurer's claim procedures. Company's assistance with any claim shall be voluntary and shall not create any independent liability.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Company, its owners, officers, employees, agents, and contractors from claims, damages, penalties, fines, costs, or expenses arising from:
- Customer's shipment contents;
- Violation of shipping regulations;
- Customer's breach of this Agreement;
- False statements regarding shipment contents.
Governing Law
This Agreement shall be governed by the laws of the State of Louisiana.
Miscellaneous
Entire Agreement — This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous negotiations, discussions, representations, understandings, and agreements, whether oral or written. No amendment or modification of this Agreement shall be effective unless made in writing and signed by both parties.
Severability — If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
Waiver — No waiver of any provision of this Agreement shall be effective unless set forth in a written instrument signed by the party against whom the waiver is asserted. No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy.
Electronic Signatures — This Agreement may be executed electronically, including through electronic signature platforms or by scanned or electronically transmitted signatures. Any such electronic signature shall be deemed an original and shall have the same force and effect as an original handwritten signature.
Independent Contractor — Company is an independent contractor and nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency, fiduciary relationship, employment relationship, or other similar relationship between the parties.
Assignment — Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that Company may assign this Agreement to a successor entity in connection with a merger, acquisition, sale of substantially all of its assets, or other corporate reorganization.
Headings — The section headings contained in this Agreement are provided solely for convenience and shall not affect the interpretation or construction of this Agreement.
No Third-Party Beneficiaries — This Agreement is entered into solely for the benefit of the parties and their respective permitted successors and assigns. Nothing contained herein shall be construed to create any rights or remedies in favor of any third party.
Survival — Any provision of this Agreement that by its nature is intended to survive termination or completion of the services, including but not limited to provisions relating to limitation of liability, indemnification, insurance, payment obligations, governing law, dispute resolution, and miscellaneous provisions, shall survive such termination or completion.
Notices — Any notice required or permitted under this Agreement shall be in writing and shall be deemed given when personally delivered, sent by nationally recognized overnight delivery service, mailed by certified United States Mail, return receipt requested, or transmitted by electronic mail to the addresses provided by the parties, unless either party has designated a different address by written notice.