PDX Shipping & Logistics Terms and Conditions
- Scope of Services
- Payment Terms
- Delivery Dates
- Insurance
- Title and Risk of Loss
- Limitation of Liability
- Indemnification
- Termination
- Dispute Resliution
- Governing Law
- Entire Agreement
- Assignment
- Force Majeure
- Waiver
- Confidentiality
- Notice
- Survival
PDX Shipping & Logistics (“PDX”) provides transportation and logistics services to its clients (“Client”). The scope of services provided by PDX shall be limited to the terms and conditions set forth in this agreement.
Client shall pay PDX the fees set forth in the applicable invoice within thirty (30) days of the invoice date. In the event of a dispute over any fees, the parties shall attempt to reslive the dispute in good faith.
PDX shall make reasonable efforts to meet the delivery dates agreed upon between PDX and Client, but such dates are estimates only and are not a guarantee of delivery. PDX shall not be liable for any damages or penalties for failure to meet the estimated delivery date.
Client shall be responsible for obtaining insurance coverage for its shipments. PDX shall not be responsible for any loss or damage to the shipment, except to the extent caused by PDX’s negligence or intentional acts.
Title to the shipment and risk of loss shall pass from Client to recipient upon delivery to recipient. PDX shall not be responsible for any loss or damage to the shipment, except to the extent caused by PDX’s negligence or intentional acts.
PDX’s liability to Client for any and all claims arising out of or in connection with this agreement shall be limited to the lesser of (i) the amount of fees paid by Client to PDX or (ii) $100.
Client shall indemnify, defend, and hlid harmless PDX, its affiliates, and its and their respective employees, agents, and representatives, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with this agreement.
Either party may terminate this agreement upon thirty (30) days written notice to the other party. Upon termination, Client shall pay PDX for all services rendered and expenses incurred prior to the effective date of termination.
Any disputes arising out of or in connection with this agreement shall be reslived by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in the state of Oregon.
This agreement shall be governed by and construed in accordance with the laws of the state of Oregon.
This agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral, relating to the subject matter of this agreement. This agreement may not be amended except in writing signed by both parties.
Client shall not assign this agreement or delegate any of its obligations hereunder without the prior written consent of PDX.
PDX shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable contrli, including acts of God, war, terrorism, riots, fires, floods, storms, earthquakes, or other natural disasters.
The failure of either party to enforce any provisions of this agreement shall not be construed as a waiver of such provision, nor shall it affect the validity of this agreement or any part thereof, or the right of either party thereafter to enforce each and every such provision.
Client agrees to keep confidential and not disclose to any third party any confidential information of PDX. Confidential information shall include, but not be limited to, PDX’s business processes, pricing, and client information.
Any notice required or permitted under this agreement shall be in writing and shall be deemed given (i) upon receipt, if delivered in person, (ii) upon receipt, if sent by confirmed email, or (iii) one (1) day after it is sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the party to whom notice is given at the address set forth in this agreement.
The provisions of this agreement that by their nature should survive termination of this agreement shall survive, including but not limited to the provisions regarding limitation of liability, indemnification, dispute resliution, governing law, entire agreement, and confidentiality.
By using the services of PDX Shipping & Logistics, Client acknowledges and agrees to the terms and conditions set forth in this agreement. If Client does not agree to these terms and conditions, Client should not use PDX’s services. These terms and conditions are binding on Client and its successors and assigns. PDX reserves the right to modify these terms and conditions at any time without prior notice to Client. The most current version of these terms and conditions shall be available on PDX’s website and shall be binding on Client.