Terms and Conditions
Northeast Online Services, LLC operating as: Shipontime.com
WAREHOUSING AND DISTRIBUTION AGREEMENT
1. Term and Termination: Either party has the right to cancel or terminate this Agreement, without liability, upon 30 days prior written notice to the other party. By accepting this agreement, you allow us to contact you via email or phone, send you updates, and marketing emails.
2. Services: During the term of this Agreement, Shipontime.com agrees to provide distribution and warehousing services for Client. In providing such services, Shipontime.com will be considered a warehouseman and is entitled to all rights and subjects to all obligations described therein.
3. Description of Goods: Client represents and warrants to Shipontime.com that there is no potential health, safety or environmental hazardous associated with the storage and handling of the Goods tendered to Shipontime.com under this Agreement. All Goods shall be delivered to Shipontime.com by Client properly marked and packaged for handling. Shipontime.com may, at its sole discretion, reject any shipment of Goods that it deems to be improperly marked, packaged or contains any hazardous material (unless specifically agreed to by Shipontime.com).
4. Customer’s Packaging: In tendering the Shipment for carriage or storage, the Customer warrants that the Shipment is packaged to protect the enclosed goods and to ensure safe transportation with ordinary care in handling and that the Shipment is appropriately labeled and is in good order for storage or carriage as specified.
5. Accurate Information: Client will provide Shipontime.com with information concerning the Goods which is accurate, complete and sufficient to allow Shipontime.com to comply with all laws and regulations concerning the storage, handling and transporting of the Goods. Client will indemnify and hold Warehouse harmless from all loss, cost, penalty and expense, including reasonable attorney’s fees, which Shipontime.com pays or incurs as a result of Client failing to fully discharge this obligation.
6. Delivery Requirements: No Goods shall be delivered or transferred except upon receipt by Shipontime.com complete written instructions. Written instructions shall include, but are not limited to, E-Mail, fax or similar communication, provided Shipontime.com has no liability when relying on the information contained in the communication as received. Goods may be delivered upon instruction by telephone in accordance with Client’s prior written authorization, but Shipontime.com shall not be responsible for loss or error occasioned thereby. When Goods are ordered out a reasonable time shall be given to Shipontime.com to carry out instructions, and if it is unable because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots or civil commotions, or any reason beyond the Warehouse’s control, or because of loss of or damage to Goods for which Warehouse is not liable, or because of any other excuse provided by law, the Warehouse shall not be liable for failure to carry out such instructions and Goods remaining in storage will continue to be subject to regular storage charges. Clients are required to know the terms of conditions for sellercentral. Clients are responsible dealing with any issues for any shipments/packages shipped through Amazon partnered carriers through their own sellercentral account. We will do our best to support your cases within our ability. If clients need specific details such as images during receiving, shipping etc, Shipontime requires that clients to request these services (hourly fees may apply). For packages that we ship from our own account, we may pay up to $50 per tracking for damages if it's our fault. Customers can buy additional insurance for their own packages. Shipontime will not be responsible ( Shipontime shipping accounts) for any packages that returns back due to customs and duty, unknown address, or delivery attempted and shipping cost and labor for these packages will not be refunded. For packages shipped via Amazon partnered carriers, if carrier returns the packages due to Shipontime error, Shipontime will resolve the issue without any additional charge to client.
7. Inspection of Shipment: All Shipments may be opened and inspected based on customer requirements. Shipontime.com is responsible providing any damages or loss within 7 business days after receiving. Clients are required to ask permissions for products wholesale value over $50 or more before sending their shipments for inspection, repackaging or any other services.
8. Extra Services (Special Services): (a) Warehouse labor required for services other than ordinary handling and storage will be charged to Client. (b) Special services requested by Client including but not limited to compiling of special stock statements; reporting marked weights, serial numbers or other data from packages; physical check of Goods; and handling transit billing will be subject to a charge. (c) Dunnage, bracing, packing materials or other special supplies, may be provided for the Client at a charge in addition to Warehouse’s cost. (d) By prior arrangement, Goods may be received or delivered during other than usual business hours, subject to a charge. (e) Communication expense including postage, overnight delivery, or telephone may be charged to Client is such concern more than normal inventory reporting or if, at the request of Client, communications are made by other than regular United States Mail. Services such as photography, custom packaging or any other customized works are non-refundable. Liquidation, FBA removals and used products are strictly prohibited without receiving custom quote.
9. Handling: (a) Handling charges cover the ordinary labor involved in receiving goods at warehouse door, placing goods in storage and returning goods to warehouse door, all during normal business hours. Handling charges are invoiced upon receipt of goods. (b) Unless otherwise agreed, extra labor and materials for unloading and loading goods will be subject to a charge. Additional expenses incurred by Warehouse in receiving and handling damaged goods. (c) When Goods are ordered out in quantities less or more than in which received, the Warehouse may make an additional charge for each order or each item of an order. (e) The Warehouse shall not be liable for any demurrage or detention, and delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers or other containers for outbound shipment unless Warehouse has failed to exercise reasonable care.
10. Damage or Loss of Inventory: In the event of loss, damage or destruction of inventory (“inventory loss”) for which Shipontime.com is legally liable, you declare that Shipontime.com ’s liability shall be limited to the lesser of the following: (1) the actual documented cost of the lost, damaged, and/or destroyed inventory less any residual value; (2) the documented fair market value of the lost, damaged, and/or destroyed inventory on the date you are notified of loss, damage and/or destruction; (3) 5 times the monthly storage portion of the monthly fee applicable to such lost, damaged and/or destroyed inventory; (4) $.50 per pound for said lost, damaged, and/or destroyed inventory or, (5) $100 (us dollars) per asin received that included the inventory subject to the loss, damage or destruction. provided, however that within a reasonable time after inventory is received, you must add inventory insurance on part or all of the inventory in which case an increased charge will be made based upon such increased coverage; further provided that no such coverage shall be valid unless paid for before loss, damage or destruction to any portion of the inventory has occurred. In no event shall Shipontime.com be liable for any lost sales revenue from inventory loss. Shipontime.com ’s maximum liability for inventory loss will be capped at 5% of the total product value or one month of the average billable storage, whichever is lower (“inventory damages cap”). for greater coverage, you must add inventory insurance in your account settings on the inventory that you wish covered by insurance, in which case an increased charge will be made based upon such increased coverage; further provided that no such coverage shall be valid unless paid for before loss, damage or destruction to any portion of the inventory has occurred.
11. Inventory Count Inaccuracies: In the event of inventory loss in excess of the annual goods shrinkage allowance due to inventory count inaccuracies, inaccurate inventory counts during receiving or inventory count inaccuracies at any time that Shipontime.com is in possession of inventory for which the clauses above is determined to be inapplicable and Shipontime.com is held legally liable, you agree that it will be considered an “inventory loss” and Shipontime.com ’s liability shall be limited as stated above. In no event shall Shipontime.com be liable for any lost sales revenue from the inventory loss due to inventory count inaccuracies. Customers are responsible for any inventory losses and/or damages for both incoming and outgoing shipments while in possession of the 3rd party carrier.
12. Currency: All dollar amounts stated in these Terms and the Policy’s will be in US dollars unless otherwise specified.
13. Pricing: Pricing and services are specified on the website but we require our clients to confirm their pricing before sending their products and/or shipments. Clients must request custom pricing for any service that is not specified on the website. Communication for the pricing must be written in email or fax. Quote/pricing provided via email or fax is valid until price change notice provided by service provider. Shipontime is required to provide price change notice for the same service at least 14 days before. If client has an existing order (delivered or in-transit) at the time of notice, Shipontime must honor the previous pricing.
TERMINATION AND CLOSING YOUR ACCOUNT.
If your Usage Fees remain unpaid for a period greater than 30 days, then Shipontime.com reserves the right, at its sole discretion to reclassify your Account as an “Abandoned Account.” Additionally, any Account that remains unpaid for greater than 60 days will automatically be deemed an Abandoned Account. Upon an Account becoming an Abandoned Account, all rights to ownership of the Account Balance and inventory would then immediately be forfeited by you. Inventory will become immediately and irrevocably unavailable to you, and liquidation proceedings would begin. You agree the inventory would be free and clear of liability, and that you would assume any liability therefore. You would have no rights to the liquidation proceeds. You would also remain liable for any pending Usage Fees above and beyond the liquidation proceeds.
Shipontime.com reserves the right to place an Account on hold for a number reasons, including but not limited to the following:
Insufficient funds or negative Balance;
Suspicious activity on or through the Account;
If anyone using your Account uses abusive language or otherwise threatens Shipontime.com or its staff;
To allow time to resolve or investigate a third-party complaint of a violation of these Terms;
To allow time for investigation or resolution of an unauthorized transaction, customer complaint, dispute or accusation;
To allow time for Shipontime.com to comply with your extraordinary support requests;
Ignoring a warning of misuse of the Shipontime.com Services;
Violation of Shipontime.com’s Policies.
Termination with 30 days notice: Shipontime.com reserves the right to terminate an Account for any reason upon 30 days notice (“Termination Notice Period”) which Shipontime.com shall send to you via email. It is your responsibility to make sure Shipontime.com has a working email for you. You may have full or limited use of your Account during the Termination Notice Period in our discretion, with the intention of allowing you to expire existing inventory without it being shipped back to you. Any inventory that remains in inventory at the expiration of the Termination Notice Period will be shipped to the address on file and, if address is not on file, the billing address on your credit card, at your expense. If no address is available or no balance is available to pay for shipment back to you and close your balance, we will liquidate your remaining inventory within 30 days after our final notice.