SHIPPING AGREEMENT AND LIMITED WAIVER OF LIABILITY

This agreement and limited waiver of liability will apply between BendPak, Inc. (BendPak) and the undersigned (Buyer) for transportation of all large equipment items (Products) purchased by Buyer and shipped to Buyer via third-party freight carriers (Carriers) as contracted by BendPak.

PACKAGING AND SHIPMENT

  • BendPak will package the Products for shipment using best industry practices.
  • For complete details regarding BendPak shipping policy, please visit www.bendpak.com/support/orders/free-shipping/
  • For complete details regarding BendPak freight carriers options, please visit www.bendpak.com/support/orders/shipping-methods/
  • During standard shipping methods, minor scratches and abrasions due to normal transportation may occur. For an example of minor scratches or abrasions that may occur using standard shipping methods, please visit https://www.bendpak.com/support/orders/shipping-methods/
  • Buyer shall not refuse shipment if minor scratches or abrasions are observed.
  • Buyer may be responsible for a 20% restocking fee and round-trip freight charges if a claim for damage is denied by the Carrier.
  • For an optional surcharge, White-Glove Packaging is available for certain large equipment shipments. This special service assures that the Products ship in specially fabricated wooden crates.
  • For current optional White-Glove Packaging surcharges, please visit www.bendpak.com/support/orders/white-glove-packaging/

ESTIMATED SHIPPING & DELIVERY DATES

BendPak will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Anticipated shipping and delivery dates are based upon manufacturer supplied information and are subject to change, therefore any shipping dates provided by BendPak are estimates only. BendPak will not be held responsible for failure to meet such estimated dates.

CLAIMS FOR DAMAGES OR SHORTAGES

All claims, including claims for damages, defects and shortages or incorrect materials must be made in writing by Buyer within ten (10) days of receipt of the Products. BendPak must be given reasonable opportunity to inspect such Products to which any claim is made and to cure any non-conformance. Claims for non-receipt of shipment or invoicing errors must be made within ten (10) days after receipt of invoice. No claim shall be effective if made after the Products have been installed, altered or used. BUYER’S FAILURE TO MAKE ANY CLAIM WITHIN THE SPECIFIED TIME PERIOD WILL RESULT IN THE UNCONDITIONAL WAIVER OF SUCH CLAIM. BendPak reserves the right to accept or reject any claim in whole or in part.

SHIPPING INSURANCE COVERAGE

  • Except to the extent outlined herein, BendPak offers Premium Cargo Insurance at a rate of $0.95 per $100 in Product value.
  • Premium Cargo Insurance shall be subject to a minimum charge of $50.00 per shipment.
  • Premium cargo insurance coverage applies only for shipments either; while on land within and between the 48 Contiguous States and Canada; while on the ocean going to or leaving from Alaska, Hawaii or Puerto Rico; or between the 48 Contiguous States/Canada and Mexico, but only with respect to the 48 Contiguous States/Canada inland portions of such shipment.
  • Unless otherwise agreed to in writing by BendPak, coverage cannot exceed $25,000 per conveyance per single shipment or single bill-of-lading.
  • Unless otherwise agreed to in writing by BendPak, Premium Cargo Insurance coverage does not cover loss or damage relating to used, refurbished or otherwise ”not new” Products.
  • Once a written agreement for Premium Cargo Insurance coverage has been obtained by Buyer, BendPak shall show the covered value and commodity being shipped on the original bill of lading. The term “Covered Value” is defined as the entire amount (starting at the first dollar) for which the Buyer requests Premium Cargo Insurance coverage on the Shipment.
  • Concealed damages are excluded from Premium Cargo Insurance coverage unless caused by the negligence of BendPak or the freight carrier and reported within 30 days of the delivery date. To apply for 100% coverage, concealed damages must be reported within 15 days of delivery date. For 50% coverage, concealed damaged must be reported after 15 days but within 30 days of delivery date.

THIRD-PARTY CONTRACTORS

  • The decision of Buyer to select, hire and/or manage third-party contractors (Contractors) as listed on BendPak’s website www.bendpak.com/support/locator, even if recommended to Buyer by BendPak, for the sole purpose of installation or service is the sole responsibility of Buyer.
  • BendPak assumes no liability for the selection of the Contractor or the Contractor’s performance of services for Buyer.
  • Contractors are not agents for, or joint ventures of, and are not employed by, and are not the agents of, BendPak.

OTHER TERMS AND DISCLAIMERS

Once an order has been placed, BendPak and Buyer become contractually bound to uphold certain aspects of the agreement. For a full listing of all terms and conditions, visit www.bendpak.com/policies. In no event shall BendPak be liable, and it hereby disclaims responsibility for any indirect, special, incidental, punitive, multiplied or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of use, or any pecuniary loss) from delays of any kind or any other acts or omission by a Carrier, Contractor or other service provider whether foreseeable, unforeseeable, disclosed or undisclosed which may arise or is caused from any Carrier, Contractor or other service provider services.

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NOTE: The terms and conditions as outlined above of may be amended from time to time. The updating of same on the website as written here www.bendpak.com/policies shall constitute due notice. It is the responsibility of the Buyer to periodically review these terms and conditions.