Massiano Logistics agrees to transport Shipper’s merchandise from/to origins/destinations in its service territory (Zip Codes previously provided) (the “Services”) and in accordance with the service requirements set forth in Schedule A.
This Agreement shall become effective as of the Date signed below, and shall continue in effect until terminated by either Party. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party at least ten (10) days prior written notice of its intent to terminate.
3. RATES, CHARGES, and RULES.
As compensation for its services, Shipper shall pay Massiano Logistics a fee based on the rates, charges, and/or tariffs previously provided. Any adjustments to the rates, charges or rules shall be accomplished only by the written agreement of the Parties.
Massiano Logistics will provide a base level of insurance coverage that is determined based on the details of the order, including weight, item value, and item damage rate. This base level is provided to the Shipper upon booking the order. In the event of any damage or loss claims on an order, Massiano Logistics will only be liable for costs up to the level of insurance coverage on the order. If the Shipper would like to purchase a higher level of insurance coverage on an order, the Shipper can do so when booking the order, up to a maximum coverage amount of $5,000 per order. Massiano Logistics will not insure any order for more than $5,000. Any liability by Massiano Logistics is still subject to the claims process and Massiano Logistics’ approval of the Shipper’s claim. All claims will be paid in the amount of the wholesale, not retail, value of any replacement items.
Payment terms will be net fifteen (15) from the date a delivery confirmation is sent to Shipper. Shipper shall be liable to Massiano Logistics for all charges arising out of the Services provided by Massiano Logistics unless the Parties expressly agree otherwise in writing.
6. NON-EXCLUSIVE AGREEMENT.
The Parties acknowledge and agree that this is a non-exclusive Agreement, that Massiano Logistics shall be free to both accept freight for transportation from shippers other than Shipper and commingle Shipper’s freight with any such freight of any other shipper, and that Shipper shall be free to tender freight for transportation to carriers other than Massiano Logistics.
7. Loss and Damage to Freight.
Massiano Logistics shall be liable as a motor carrier pursuant to 49 U.S.C. §14706 for and shall be responsible to Shipper for loss or damage that occurs during transport and delivery of products transported under this agreement, except for said loss or damage arising under the conditions of force majeure or caused by any of the exceptions as set forth in the Receiving Guidelines (Schedule B). Massiano Logistics liability will commence when Massiano Logistics takes physical possession and control of merchandise and will end when Shipper and/or Consignee sign the delivery receipt without notation of damage. In the event of any loss or damage, the Shipper will file claims for such loss or damage against Massiano Logistics. Claims for damage will not be accepted for any items made of fragile materials, including but not limited to glass, mirrors, marble, ceramic, or tile, or for carpets and/or rugs. It will be the responsibility of Massiano Logistics to investigate and settle all claims with the Shipper within 30 days from date the claim was filed. Shipper will make every effort to file claims with Massiano Logistics within five (5) days of delivery, or in the case of loss or non-delivery, five (5) days from the date on which Shipper is notified of such loss. To the extent Massiano Logistics is responsible for any damage, Shipper will not be charged for any freight or home delivery fees for replacement merchandise. In addition, if Massiano Logistics is responsible for damage to an order and attempts to fix that damage, but the customer refuses to accept the repaired item(s), Massiano Logistics shall be responsible for approving the claim for the replacement item (wholesale value not to exceed the insurance amount, the wholesale invoice must be submitted). In the event that there is damage to the delivery recipient’s home, the delivery recipient and/or the Shipper will make every effort to file claims for Massiano Logistics within five (5) days of delivery all damages/home damages must be reported to Massiano Logistics within 24 hours . Notwithstanding the above, Massiano Logistics’ liability on any one order will not exceed $5,000.
8. Refusal of Shipment.
In the event of refusal of a shipment by a consignee or in the event that Massiano Logistics, for any reason, is unable to deliver a shipment, Massiano Logistics shall notify Shipper promptly. Massiano Logistics may be required to hold merchandise at its location free of charge during any claims investigation. Once adjudicated, Massiano Logistics will hold merchandise free of charge for a period of up to twenty one (21) days to allow for recovery by claimed LTL carrier or return disposition.
9. Storage Policy.
Massiano Logistics offers thirty (30) days of free storage. This free storage period begins when the piece arrives in one of Massiano Logistics’ locations and is ready to be scheduled for delivery. If an order is stored in one of Massiano Logistics locations for more than thirty (30) days due to no fault of Massiano Logistics, Shipper will incur a charge per item being stored. This fee is applied again with every thirty (30) day increment that the order is stored. For example, if an order is at one of Massiano Logistics locations for ninety (90) days, the charge will be applied two times. The full monthly charge is applied at the beginning of every new thirty-day period, so an order stored for thirty-one days is subject to the same charge as an order stored for fifty-nine days. Massiano Logistics will work with Shipper to remove any aging merchandise from Massiano Logistics locations, whether through donation or disposal. Massiano Logistics will not dispose of any merchandise belonging to Shipper without Shipper’s approval. Shipper will be subject to a fee for Massiano Logistics coordinating the disposal or donation process.
Neither Shipper nor Massiano Logistics’ shall disclose any information regarding this Agreement or Schedules hereto, except as specifically authorized by the other Party in writing.
SCHEDULE A: SERVICES TO BE PROVIDED
1. Massiano Logistics’ operating hours are Monday through Friday, 8 AM to 6 PM. Massiano Logistics’ receiving hours, when Massiano Logistics can receive shipments at its locations, are Monday through Friday, 7 AM to 3 PM.
2. Depending on the season, Massiano Logistics’ will make deliveries on Saturdays. However, Massiano Logistics’ does not commit to delivering on a Saturday in every instance.
3. Massiano Logistics’ will provide a tracking link for every delivery processed for Shipper.
4. The information available to Shipper will include when items are received by Massiano Logistics’ when deliveries are scheduled when deliveries occur and any exceptions for damage or customer refusal. Proof of Delivery will include items delivered, an image of the customer’s signature accepting merchandise and stating that no home/property damage has occurred and photo(s) of items in the customer’s home (unless the customer objects to photos being taken).
5. All Inbound Freight will be inspected in accordance with Receiving Guidelines below. If there is damage to any merchandise, Massiano Logistics’ will wait for disposition from Shipper prior to contacting the customer.
6. Customers will be contacted to schedule delivery once items are received at our cross-dock facility (typically same day or the next day). An automated call is placed to the customer as soon as the order is scanned into our system.
7. Once scheduled, we will contact customers by an automated phone call, text message, or email 24-48 hours before the delivery in order to provide a three-hour window. We will try to accommodate customers’ requests on timing but there are no guarantees.
8. All customers will receive an automated call or text message 30 minutes prior to delivery.
9. For carpet deliveries, unpacking and laying down are included in the price as long as the area where the rug is being laid is clear of furniture. Two-man delivery along with the removal of packaging is included. The carpet should be cut to size before arriving at Massiano Logistics’.
10. Any single piece above 300 lbs. will incur an additional $120 charge to cover the additional labor required to install the piece into the home.
11. Upon completion of delivery or an exception due to the customer rejecting the order, email addresses provided by Shipper will be sent either a delivery confirmation or notice of an exception.
12. Upon completion of delivery, customers are sent a text message survey to review Massiano Logistics’ performance. The results of these surveys will be available to the Shipper in real-time through the shipper dashboard account.
SCHEDULE B: RECEIVING GUIDELINES
As mentioned above, all incoming merchandise will be inspected according to the following procedures:
1. COMPLETE VISUAL INSPECTION
All items will be visually inspected for possible product damage. A visual inspection does not require opening packages to inspect the contents unless the packaging appears to be compromised.
1.1 Compromised Packaging consists of any of i) torn, ripped, or holes found in exterior packaging; ii) crushed packaging, crushed corners; iii) water stained or wet packaging; or iv) lack of packaging (exposing product).
1.2 Upon discovery of Compromised Packaging or a lack of packaging, we will further examine for Visible Product Damage. If Visible Product Damage is found, the damaged item(s) will be refused. Visible Product Damage is comprised of any of the following: i) exposed/damaged product due to compromised packaging; ii) crushed packaging that has compromised the contents; iii) water damage to product; iv) torn fabric or other product materials; v) scratched wood, metal, or other product materials; vi) dented product; vii) dirt or grease-stained product; viii) shattered glass, mirror, other product materials / contents; ix) broken pieces; or x) chipped surfaces.
2. REFUSE OR ACCEPT DELIVERY
If freight has Clean Packaging or Compromised Packaging, with no Visible Product Damage identified, we will receive freight. If Visible Product Damage has been identified, we will refuse the damaged freight and update the tracking information with the relevant data.
Once freight is either Accepted or Refused, Massiano Logistics will update the Shipper’s tracking information promptly.
The shipper will be notified of any items needing repair beyond what is considered to be standard deluxing before the repairs commence.
3. CONCEALED DAMAGES
As long as the guidelines above are followed, Massiano Logistics will not be held liable for Concealed Damage, which is defined as:
3.1 Any damage that is reported after a clear Proof of Delivery is executed; and
3.2 Any reported product damage where no report was made that packaging was received in poor condition and no Visible Product Damage was observed during the inspection.