Justo Blanket Wrap Delivery

Terms and Conditions

1. CLAIMS: It is expressly agreed that all claims must be submitted in writing, with two (2) customer estimates /appraisals for repair within 30 days from the date of delivery. Payment in full of all charges due and owing is a condition precedent to submission of a claim. Any and all claimed loss or damage must be noted at the time of delivery. It is the customer's responsibility to be able to provide a current appraisal or receipt for the item(s) being shipped in order to show proof of value. The appraisal must be less than one year old. Proof of value must exist and be available prior to shipping. THE COMPANY shall only be responsible for damage in the amount of $0.60 per pound per article if no additional coverage has been selected at time of order acceptance. Orders with a deductible of $750.00 will be limited to coverage for total loss up to $3 / lbs. or value of merchandise whichever is lower, this includes transportation and professional services. Orders with a deductible of $500.00 will be limited to coverage for total loss up to $5 / lbs or value of merchandise whichever is lower, this includes transportation and professional services. Orders with a deductible of $0.00 will be limited to coverage for total loss up to $8 / lbs or value of merchandise whichever is lower, this includes transportation and professional services. In all cases and in all claims against the carrier, Carrier reserves the right to repair the item with their choice of services before honoring any customer provided estimate. In the event Justo agrees to settle a claim it will only be liable for the amount of exposure listed above in this document. In the event that shipping charges are reversed or disputed the claim is immediately nullified. THE COMPANY will not be responsible for any payment or claim amount of the claimant proceeds with repairs or replacement prior to Company having opportunity to repair first. In the event that the claimant proceeds with repairs or replacement prior to Justo approval then Justo will be limited to the coverage as described above unless we can provide reasonable proof of repair at a lesser value.
2. CUSTOMER'S RESPONSIBILITIES AND LIABILITIES: (a) The participation in the performance of any of the services to be performed by THE COMPANY by the customer or any of their friends, relatives, invitees, employees or representatives is expressly at the customer's own risk, and specifically releases and agrees to fully indemnify THE COMPANY from any and all liability for injuries sustained to any of said persons, including costs and fees incurred by THE COMPANY in defending any such claims or lawsuits; (b) Customer is responsible for ensuring that all items to be picked up and/or delivered are tendered to THE COMPANY and that no items are left at origin; (c) Customer is responsible for documenting any and all damage at origin and/or delivery; (d) It is the customer's responsibility to have an authorized representative present to accept delivery and sign all necessary documents. The customer expressly waives the right to dispute delivery and/or the condition of any items at delivery if an authorized representative is not present to sign for the items at delivery.
3. CUSTOMER'S ACKNOWLEDGEMNT: The customer has represented and warranted to THE COMPANY that he/she has lawful possession of, and legal right, interest and authority to lender all of the property herein described, and that there are and will be no liens, mortgages, or encumbrances on said property superior or adverse to the legal right, and authority of the customer to contract for the services herein. If there be any claims or litigation concerning the customer's representation and warranties herein, including claims of ownership and/or possession made by any third party with regard to the property described herein, the customer agrees to pay all storage and other charges and further agrees to indemnify THE COMPANY for all costs, expenses and attorney's fees which THE COMPANY may be reasonably incur or become liable to pay in connection therewith. THE COMPANY shall have a lien on said property for all charges and for such costs and expenses.
4. SPECIAL CIRCUMSTANCE: The customer shall arrange in advance for all necessary elevators, loading dock, ingress/egress and/or other services and any charges/delays for same will be paid for by the customer(s). The customer agrees to pay any specified charge in this contract for any waiting time beyond the control of THE COMPANY, including but not limited to weather, construction or workmen, traffic, or customer caused delays.
5. MODIFICATION OF POLICY TERMS AND CONDITIONS: THE COMPANY reserves the right to modify the terms and conditions of this agreement after thirty days written notice to the customer.
6. RECEIVING: a) THE COMPANY receiving inspection is limited to obvious and blatant damage only such as: Large tears or large holes exposing the item within the packaging unless THE COMPANY is authorized to unpack and inspect each item while the driver waits for a complete inspection. b) COD deliveries to our warehouse without appropriate "Receiving" paperwork may be refused. c) Any freight damage claims are between the carrier, manufacturer, and the customer. THE COMPANY agrees to assist the customer in the process by making the items available for inspections, etc. In no way is THE COMPANY responsible for items received with concealed damage. A Justo representative is available to assist clients in the freight claim process but in no way is responsible for the freight claim outcome. THE COMPANY'S charges for filing the freight claim will still be due regardless of the outcome of the claim.
7. INSURANCE: a) The customer can/should carry or obtain insurance to cover all items in storage. The customer may also purchase Declared Value Protection through THE COMPANY. Declared Value Protection does not supercede THE LIABILITY OF THE COMPANY mentioned herein. Otherwise the liability of THE COMPANY is limited to $0.60 per pound per an article. b) No merchandise will be released from THE COMPANY'S custody or control until all charges are paid in full, unless otherwise agreed in writing by THE COMPANY.
8. STORAGE: Items in THE COMPANY’s possession default to storage at a rate of five dollars ($5.00) per order per day after ten (10) days unless a contractual agreement supersedes this clause. Orders in excess of five (5) pieces may result in a higher rate.
9. STORAGE IN TRANSIT: Orders held in THE COMPANY possession due to no fault of THE COMPANY are subject to a storage in transit fee of five dollars ($5.00) per day per order for orders with up to five (5) pieces. Orders with six (6) or more pieces are subject to a quoted rate which may exceed five dollars ($5.00) per day.
10. THE COMPANY'S LIEN: (a)THE COMPANY shall have a lien against any and all property tendered to it by or on behalf of the customer for all charges incurred, including without limitation those in the Rate Sheet, for monies advanced, for transportation, storage, interest, labor, and any and all other charges or expenses in relation to said property, and that said lien shall extend to the proceeds from the sale thereof , as well as any and all other costs incurred to enforce THE COMPANY'S lien, such as those costs for notice, advertisement of sale, and the actual costs of sale, together with any costs, expenses and attorney's fees that may be incurred as a result of a sale, and/or the enforcement of THE COMPANY'S lien.; (b) All goods upon which THE COMPANY has a lien, are subject to sale at public auction to satisfy any and all unpaid charges, including interest, plus the expenses for preservation of the goods reasonably incurred in their sale, as well as any legal expenses including reasonable attorney's fees, which maybe necessitated by said sale; (c) The lien upon all property tendered to THE COMPANY shall also include all unpaid charges and expenses pertaining to property previously tendered to THE COMPANY regardless or whether said property has been delivered by THE COMPANY; (d) The parties agree that in any sale conducted to satisfy THE COMPANY'S lien, all property which is subject to the lien shall be sold. Proceeds for the sale in excess conducting the sale shall be remitted to the customer upon demand therefore; (e) THE COMPANY may at its option may bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon its lien; (f) THE COMPANY shall have a further lien and may reserve other security interest in property which has been or will be tendered to it to secured repayment of money's and interest thereon advanced to a customer or customer's account; (g) THE COMPANY shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the appropriate provisions of the Uniform Commercial Code as adopted in Texas, and/or relevant statutes.
11. CHARGES: All charges will be based on THE COMPANY'S Rates, which is subject to change from time to time without notice. If it should become necessary for THE COMPANY to pursue collection efforts, including litigation, to collect the charges due and owing, THE COMPANY shall be entitled to recover all cost and legal fees incurred by the need to take such action.
12. FORFEITURE OF DISCOUNT: All rates specified include a twenty percent (20%) tariff discount. Orders on an account basis risk forfeiture of such discount if invoices are not paid within specified terms.
13. CHOICE OF LAW: This agreement shall be governed by California law and any causes of action brought pertaining to this agreement shall be brought in State Court in Santa Clara, California
14. THE COMPANY and the customer acknowledge our policy and rate forms and the terms mentioned herein on any and all work performed by THE COMPANY.
15. LOCATION SERVICES:- The Justo Driver App needs your permission to track your location while you are logged in. This will mean that while you are delivering package so customer can easily track their order.
16. BACKGROUND LOCATION SERVICES:-The Justo Driver Mobile Application needs your permission to track your location when your application is in background mode. This will mean that while you are delivering package so customer can easily track their order.