Terms & Conditions

“TERMS AND CONDITIONS”

DEFINITION OF PARTIES.

THE TERM “AGENT” SHALL MEAN THE INDEPENDENTLY OWNED AND OPERATED MOTOR CARRIER ENTITY THAT PROVIDES AND TENDERS SHIPMENTS ON BEHALF OF THE “SHIPPER”. THE TERM “SHIPPER” SHALL INCLUDE, BUT NOT LIMITED TO, LOGISTICS PROVIDERS, FORWARDERS, PROPERTY BROKERS, CUSTOMS BROKERS.
UNLESS SUPERSEDED BY A WRITTEN CONTRACT SIGNED BY HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC. (AGENT) AND THE SHIPPER, CONSIGNOR, CONSIGNEE, OR ANY OTHER ENTITY CLAIMING AN INTEREST IN GOODS FOR WHICH (AGENT) PROVIDES TRANSPORTATION OR OTHERWISE ARRANGING WITH (AGENT) TO PROVIDE SUCH TRANSPORTATION (“SHIPPER”) AGREES THESE TERMS AND CONDITIONS SHALL GOVERN SERVICE PROVIDED BY (AGENT) IN THE UNITED STATES TO ALL (SHIPPER) TENDERING AND OR ORIGINATION OF SHIPMENTS.


(AGENT) SERVICES.

(AGENT) REPRESENTS AND WARRANTS THAT IT IS DULY AND LEGALLY QUALIFIED TO PROVIDE THE TRANSPORTATION SERVICES CONTEMPLATED HEREIN. (AGENT) AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS REGARDING THE PROVISION OF SUCH SERVICES. (AGENT) WILL PERFORM TRANSPORTATION WITH REASONABLE DISPATCH BUT IS NOT RESPONSIBLE FOR COMPLIANCE WITH ANY SPECIFIC SHIPPING SCHEDULE OR APPOINTMENT TIMES.


TARIFF/SERVICE POINTS

HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC RESERVES THE RIGHT TO MODIFY, CHANGE OR SUPPLEMENT ITS TARIFFS, SERVICE CONDITIONS, FEATURES OF SERVICE AND POINTS SERVICED WITHOUT NOTICE TO THE SHIPPER/CUSTOMER. RATES AND SERVICE QUOTATIONS BY HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC EMPLOYEES AND AGENTS WILL BE BASED UPON SHIPMENT INFORMATION PROVIDED BY THE SHIPPER/CUSTOMER. HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC IS NOT BOUND BY CHARGES OR QUOTES PRIOR TO FINAL BILLING. FINAL RATES AND SERVICE MAY VARY BASED UPON THE SHIPMENT TENDERED DUE TO WEIGHTS, DIMS, DETENTION OR ANY OTHER ACCESORIALS.


PAYMENT AND CHARGES.

(AGENT) WILL CHARGE AND (SHIPPER) WILL PAY THE RATES AND CHARGES SET FORTH IN THE HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC TARIFF. (SHIPPER) AGREES TO PAY (AGENT) WITHIN THIRTY (30) DAYS OF RECEIVING THE INVOICE. (SHIPPER) WITH INTEREST ACCRUING MONTHLY AT A RATE OF 2.0% PER MONTH (18% APR) ON ANY UNPAID INVOICES. (SHIPPER) SHALL ALSO BE LIABLE FOR ANY EXPENSES, INCLUDING ATTORNEY FEES, (AGENT) INCURS IN COLLECTING ITS RATES AND CHARGES. IN THE EVENT OF FAILURE TO PAY FREIGHT CHARGES AS DUE, (AGENT) SHALL BE ENTITLED TO A GENERAL LIEN ON ANY CARGO IN THE POSSESSION OF (AGENT) WHICH IS TENDERED OR OWNED BY (SHIPPER) REGARDLESS OF WHETHER SUCH FREIGHT CHARGES APPLY TO THE CARGO IN THE POSSESSION OF (AGENT).


DISCREPANCIES IN CHARGES.

ANY SHIPMENT CHARGES THAT HAVE BEEN SHORT PAID DUE TO DISCREPANCIES OR DISPUTES MUST BE RESOLVED WITHIN 60 DAYS OF INVOICE. IF THE SHORT-PAID BILL IN QUESTION HAS NOT BEEN RESOLVED WITHIN THIS PERIOD, CHARGES WILL REVERT TO THE ORIGINAL AMOUNT INVOICED WITHOUT EXCEPTIONS. ANY SHORT PAY BILL THAT IS RESOLVED WITHIN THE 60-DAY PERIOD IS DUE IMMEDIATELY.


ACCESSORIAL CHARGES.

(AGENT) RESERVES THE RIGHT TO IMPOSE, AND (SHIPPER) AGREES TO PAY, REASONABLE ACCESSORIAL CHARGES INCLUDING CHARGES FOR DETENTION, ATTEMPTS, UNPACK, DEBRIS REMOVAL, LIFT GATE, 2 MAN DELIVERIES, STORAGE OF SHIPMENTS AFTER 72 HOURS AND EQUIPMENT/SUPPLIES USED AND ANY OTHER SERVICES PERFORMED DURING SHIPMENT. WITHOUT PRIOR APPROVAL, WRITTEN OR VERBAL FROM (SHIPPER).


MEASUREMENT AND WEIGHTS

ALL MEASUREMENTS AND WEIGHTS LISTED ON BILL OF LADING ARE SUBJECT TO REWEIGH AND REDEEM OF SHIPMENTS WHILE IN CONTROL OF HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC CONTROL AND CUSTODY, AND TO COLLECT THE APPROPRIATE CHARGES WITHOUT FIRST ADVISING, PRE-ALERTING, REPORTING TO, OR NOTIFYING THE SHIPPER, CUSTOMER OR CONSIGNEE. DIMENSIONAL WEIGHT TO APPLY IF GREATER THAN ACTUAL WEIGHT. DIMENSIONAL WEIGHT FOR ALL SHIPMENTS IS DWT = (L X W X H)/250.


FUEL SURCHARGE.

HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC RESERVES THE RIGHT TO ASSESS OR CHANGE FUEL SURCHARGES ON SHIPMENTS WITHOUT NOTICE. BY TENDERING SHIPMENT TO HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC, YOU AGREE TO PAY THE FUEL SURCHARGE IN EFFECT AT THE TIME SERVICE IS RENDERED.


LIMITATION OF LIABILITY.

IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER THE PARTY TO BE CHARGED HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.


CARRIER INSURANCE.

HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC SHALL COMPLY WITH ALL INSURANCE REQUIREMENTS IMPOSED UPON IT BY LAW.


AIR CARGO SECURITY/SHIPMENTS

HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC GUARANTEES THAT IT IS IN COMPLIANCE WITH ALL GUIDELINES SET FORTH FROM TSA. HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC WILL ONLY ACCEPT HAVING A PRIOR OR SUBSEQUENT MOVEMENT BY AIR FROM DIRECT AND INDIRECT AIR CARRIERS AND SHALL BE SUBJECT TO ALL REGULATION BY THE TRANSPORTATION SECURITY ADMINISTRATION. SHIPPERS TENDERING SHIPMENTS TO HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC AGREES TO FOLLOW ALL RULES, REGULATIONS AND COMPLIANCE WITH TSA GUIDELINES SET FORTH.ALL SHIPPERS AGREE TO REIMBURSE AND HOLD HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC HARMLESS FROM ANY BREACH OF THE GUIDELINES SET FORTH.


CARGO LOSS, DAMAGE, OR SHORTAGE; ALL-GROUND TRANSPORTATION.

(AGENT) LIABILITY FOR LOSS, DAMAGE, SHORTAGE OR DELAY WITH RESPECT TO ANY CARGO NOT SUBJECT TO THE PRECEDING SECTION SHALL BE GOVERNED BY 49 U.S.C. § 14706 AND MOVEMENTS HAVING A PRIOR OR SUBSEQUENT MOVEMENT BY AIR SHALL BE EXEMPT FROM FEDERAL STATUE.


STORAGE/ABANDONED/REFUSED SHIPMENTS

SHIPMENTS STORED MORE THAN 72 HOURS BY CARRIER/AGENT ARE SUBJECT TO TARIFF CHARGE WITHOUT PRIOR NOTIFICATION AND OR WRITTEN APPROVAL TO THE (SHIPPER).
SHIPMENTS NOT ACCEPTED BY THE CONSIGNEE AFTER NOTICE OF THE ARRIVAL OF PROPERTY AT THE DESTINATION HAS BEEN SENT OR GIVEN, MAY BE KEPT SUBJECT TO TARIFF CHARGE FOR STORAGE AND TO (AGENT) RESPONSIBILITY MAY BE STORE IN HUBBARD EXPRESS AIR FREIGHT DELIVERY LLC WAREHOUSE AND HELD WITHOUT LIABILITY ON THE PART OF THE (AGENT) AND OTHER LAWFUL CHARGES INCLUDING CHARGES FOR STORAGE.


LIMITATION AND DECLARED VALUE.

IT IS AGREED THAT THE VALUE OF THE SHIPMENT DOES NOT EXCEED $50.00 FOR ANY SHIPMENT OF 100 POUNDS OR LESS OR DOES NOT EXCEED .50 PER POUND ACTUAL WEIGHT FOR EACH SHIPMENT IN EXCESS OF 100 POUNDS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE TARIFFS IN EFFECT ON THE DATE OF THE SHIPMENT DESCRIBED BY WAYBILL. IN NO EVENT WILL THE COMPANY BE LIABLE FOR MORE THAN $50.00 FOR ANY SHIPMENT OF 100 POUNDS OF LESS OR FOR MORE THAN .50 PER POUND ACTUAL WEIGHT OF EACH PIECE(S) OF THE SHIPMENT WHICH WAS DAMAGED, LOST, DELAYED OR DESTROYED UNLESS A GREATER VALUE IS DECLARED ON THE WAYBILL AND VALUE CHARGES AS PRESCRIBED BY THIS WAYBILL, UNLESS SUCH GREATER VALUE IS DECLARED AND VALUE CHARGE PAID, IT IS AGREED BY ALL PARTIES THAT THE VALUE OF THE SHIPMENT IS AS SET FORTH ABOVE ($50.00 FOR ANY SHIPMENT OF 100 POUNDS OR LESS OR .50 PER POUND ACTUAL WEIGHT FOR ANY SHIPMENT WEIGHING MORE THAN 100 POUNDS). AND THE LIABILITY OF THE COMPANY SHALL, IN NO EVENT EXCEED SUCH VALUE.


CLAIM FILING.

CLAIMS MUST BE MADE IN WRITING TO THE ORIGINATING OR DELIVERING CARRIER (AGENT) WITHIN NINE MONTHS AFTER DELIVERY OF THE PROPERTY OR, IN CASE OF FAILURE TO MAKE DELIVERY. THEN WITHIN NINE MONTHS AND FIFTEEN DAYS AFTER DATE OF SHIPMENT; AND SUITS FOR LOSS. DAMAGE, OR DELAY SHALL BE INSTITUTED ONLY WITHIN TWO YEARS AND ONE DAY AFTER THE DATE WHEN NOTICE IN WRITING IS GIVEN BY THE CARRIER TO THE CLAIMANT THAT THE CARRIER (AGENT) HAS DISALLOWED THE CLAIM OR ANY PART THEREOF. NOTIFICATION OF VISIBLE DAMAGE OR SHORTAGE MUST BE NOTED ON DELIVERY RECEIPT AT TIME OF DELIVERY. HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC IS NOT RESPONSIBLE FOR CONCEALED DAMAGE AT ANY POINT DURING SERCIVES.


DOCUMENTS/BILL OF LADINGS

UNLESS OTHERWISE AGREED IN WRITING, ALL SHIPMENTS TENDERED SHALL BE ACCEPTED ON A BILL OF LADING. THE BILL OF LADING SHALL ACT AS A RECEIPT FOR CARGO ONLY AND THE TERMS AND CONDITIONS THEREON, IF ANY, WILL NOT APPLY TO SERVICES PROVIDED THEREUNDER.


UNFORESEEABLE CIRCUMSTANCES.

CARRIER SHALL NOT BE LIABLE FOR ANY DELAY IN THE PERFORMANCE OF OBLIGATIONS HEREUNDER IF PERFORMANCE BY CARRIER IS AFFECTED OR PROHIBITED BY ANY CAUSE BEYOND CARRIER’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE, WEATHER CONDITIONS, ACTS OF GOD, LOCAL OR NATIONAL DISRUPTIONS TO TRANSPORTATION NETWORKS OR OPERATIONS, EQUIPMENT REPAIRS, FUEL SHORTAGES, GOVERNMENTAL REGULATIONS.


DISPUTE RESOLUTION.

THESE TERMS AND CONDITIONS SHALL BE DEEMED TO HAVE BEEN DRAWN IN ACCORDANCE WITH THE STATUTES AND LAWS OF THE STATE OF TEXAS AND IN THE EVENT OF ANY DISAGREEMENT OR DISPUTE, THE LAWS OF TEXAS SHALL APPLY AND SUIT MUST BE BROUGHT IN TEXAS AS EACH PARTY SPECIFICALLY SUBMITS TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS FOR DISPUTES INVOLVING OR ARISING FROM SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS.


MISCELLANEOUS TERMS

“TERMS AND CONDITIONS” CAN BE CHANGED WITHOUT NOTICE, AND THE APPLICABLE VERSION OF THESE “TERMS AND CONDITIONS” IN EFFECT AS OF THE DATE OF ANY SHIPMENTS TENDERED TO HUBBARD EXPRESS AIR FREIGHT LLC WILL BE THE APPLICABLE VERSION.THE APPLICABLE VERSION OF THE “TERMS AND CONDITIONS” SHALL BE POSTED AT HTTPS://HUBBARDEXP.COM THE APPLICABLE VERSION OF THESE “TERMS AND CONDITIONS” IN EFFECT AS OF THE DATE THE SHIPMENT IS TENDERED TO HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC.


Remit:
Corporate office
Hubbard Express Air Freight and Delivery LLC
153 VZ CR 4804
Chandler, Texas 75758


PROPERTY/RIGHTS OF CONTENT

ALL CONTENT OF THIS WEBSITE OR ANY OTHER INFORMATION IS PROPERTY OF HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC. INFORMATION AVAILABLE ON WEBSITE IS REFERENCE FOR ALL CUSTOMERS. ANY UNAUTHORIZED USE OF THIS WEBSITE IS PROHIBITED AND STRICTLY FORBIDDEN. INFORMATION AVAILABLE FROM HTTPS://HUBBARDEXP.COM CAN BE UPDATED UNTIL FINAL BILLING IS COMPLETED. INFORMATION, INCLUDING CHARGES, RECEIVED VIA THE WEBSITE MAY BE ADJUSTED ACCORDING TO THE TARIFF IN PLACE AND ACTUAL SERVICES PROVIDED AT THE TIME OF SERVICE/SHIPMENT. HUBBARD EXPRESS AIR FREIGHT AND DELIVERY LLC IS NOT CONFINED BY ANY CHARGES OR INFORMATION AVAILABLE FROM THIS WEBSITE PRIOR TO FINAL BILLING.


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