OBLIGATIONS OF SERVICE PROVIDER
Parcel Direct Services agrees to perform the services specified in this Agreement in a professional and timely manner, exercising reasonable care and attention.
Parcel Direct Services agrees to transport the Customer’s goods safely and securely, taking all necessary precautions to prevent damage or loss during transport.
Parcel Direct Services agrees to comply with all applicable laws and regulations related to the transport of goods, including licensing, permits, and insurance requirements.
OBLIGATIONS OF CUSTOMER
The Customer agrees to provide accurate and complete information regarding the goods being transported, including quantity, weight, and dimensions.
The Customer agrees to package and label the goods appropriately for transport and ensure that they are ready for pickup at the agreed-upon time and location.
The Customer agrees to contain or secure any dogs, pets, or animals before parcel/package pickup. It is understood and agreed that if there are any animals on the property while Parcel Direct Services LLC is attempting to provide service, Parcel Direct Services LLC reserves the right to STOP providing the service. Parcel Direct Services LLC will notify and communicate with the Customer that the package could not be picked up, and any appropriate payments for services will be refunded.
LIABILITY AND INSURANCE
Parcel Direct Services shall be liable for any loss or damage to the Customer’s goods occurring during transportation and/or handling, except where such loss or damage is caused by the fault or negligence of the Customer.
Parcel Direct Services agrees to maintain liability insurance coverage during the term of the Agreement, with limits of not less than $100,000 each person and $300,000 each accident for each occurrence of loss or damage to goods during transport under this Agreement.
Parcel Direct Services shall carry and maintain, at its sole expense, insurance coverage with respect to the goods transported for the Customer. Proof of said coverage shall be provided to the Customer upon request.
The Customer agrees to provide Parcel Direct Services with written notice of any claims for loss or damage within two (2) days of delivery or attempted delivery of any transported goods. Parcel Direct Services will have the right to inspect any goods claimed to be lost or damaged. The Carrier’s liability for any loss or damage will be limited to the actual value of the goods at the time of transport.
COMPLIANCE WITH LAWS AND REGULATIONS
Parcel Direct Services agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances governing the transportation and handling of goods. Parcel Direct Services further certifies that it holds all necessary permits and licenses required to perform the services contemplated by this Agreement.
CONFIDENTIALITY
During this Agreement, either Party may have access to confidential or proprietary information of the other Party, including trade secrets, business plans, financial information, and technical data (collectively referred to as “Confidential Information”).
Each Party agrees not to use, disclose, or make available any Confidential Information of the other Party for any purpose other than the performance of its obligations under this Agreement unless such disclosure is required by law.
The receiving Party shall take reasonable measures to protect the Confidential Information of the disclosing Party from unauthorized use or disclosure and shall use the same degree of care to protect such Confidential Information as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.
The obligation of confidentiality shall survive the termination or expiration of this Agreement and shall continue for a period of
GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of [GEORGIA], without giving effect to any choice or conflict of law provision or rule.
DISPUTE RESOLUTION
Any dispute arising directly or indirectly from this Agreement between the Parties shall first be subject to consultation and negotiation in order to reach a mutually agreeable resolution.
In the event that the Parties are unable to resolve the dispute through consultation and negotiation, both Parties consent that the dispute shall be submitted to the courts, both state and federal, located in the State of [GEORGIA]. The Parties agree to submit to the jurisdiction of such courts.
GENERAL PROVISIONS
Binding Agreement: This Agreement is binding upon the Parties, their participating Affiliates, and their respective successors and permitted assigns.
Assignment: The Carrier may assign this Agreement or any part thereof to another party, whether due to a change of control, by operation of law, or otherwise, provided that the other Party’s prior written consent is obtained.
Entire Agreement: This Agreement, including its Schedules, which are expressly incorporated herein by reference, constitutes the complete and exclusive statement of the agreement between the Parties regarding the subject matter hereof. It supersedes all previous agreements and governs over the terms of all existing or future purchase orders and acknowledgments.
Severability: If any provision of this Agreement is deemed unenforceable or invalid, the other provisions shall remain in full force and effect.
Force Majeure: Neither Party shall be held responsible for delays or failures in performance arising from circumstances beyond their reasonable control, including acts of God, civil or military authority, fire, flood, strikes, war, epidemics, pandemics, power shortages, telecommunications or Internet service interruptions, or any other acts or causes reasonably beyond the control of the Party affected. The Party experiencing a force majeure event shall promptly notify the other Party and make diligent efforts to resume performance as soon as commercially practicable.
No Waiver: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of any subsequent default of a similar nature.
Amendment: Any amendments, changes, or additions to this Agreement shall be made in writing and signed by both Parties. Such changes shall be added as an addendum to this Agreement and may be captured on video and audio.
Survival: All rights and obligations of the Parties under this Agreement that, by their nature, are intended to survive the expiration or termination of this Agreement, shall continue to be binding upon the Parties.