Privacy Policy

Terms and Conditions (U.S.A.) ('Agreement') govern Shimon's Express inc. services for customers ('Customer') without a separate written agreement. Shimon's Express inc. ('Creditor' or 'Carrier' or 'SE') is licensed in the U.S.A. as a contract carrier under MC-015210; DOT-2593586. Shimon's Express inc, Ltd ('Creditor' or 'Carrier' or 'SE') is licensed in the U.S.A as a motor carrier under MC-01440990 DOT-3906897. Together, Customer, SE shall be the 'Party.'

Governing Law. For Forservices provided under United States law, this agreement shall be governed by the laws of NEW YORK, except the NEW YORK conflicts of laws principles. . For such services, any dispute or suit arising under this Agreement shall be adjudicated in the state or federal courts of Wake County, NEW YORK. For services provided under Canadian Federal or Provincial law, this Agreement shall be governed by the laws of the Province of Ontario, Canada. Without expressly waiving rights and remedies under the United States and/or Canadian laws, to the extent the terms of this Agreement are inconsistent with such laws, the Parties agree this Agreement shall govern.

General Cargo Liability Terms. (Cargo loss or damage liability shall be determined by the location where the loss or damage occurred, regardless of any through bill of lading, rate confirmation sheet, Carta de Porte, service order, or similar document. The customer fully understands that Carrier will accept higher cargo liability levels at higher quoted rates, but the Customer freely chooses this liability level as sufficient for its needs and agrees these limitations are reasonable under the circumstances, including the cargo's value, Creditor's rates, and Customers ability to obtain its own cargo insurance. Unless Customer has provided an advance written request to Creditor of its desire to obtain additional insurance (for high value or exempt goods) and the applicable additional charges are paid, Customer warrants that it is fully authorized, by ownership or otherwise, to agree to these limitations, and Customer will defend, indemnify and hold harmless Creditor against any claims (and legal expenses) for greater or other liability asserted by any consignee, subrogee or another claimant regarding such cargo. Creditor and Carrier are shall not be liable for loss or damage to cargo caused by an act of God, a public enemy, a public authority, a legal strike, an act or omission of Customer, the inherent vice or nature of the cargo, theft, any other act or situation beyond Carrier's control.

Cargo Liability in the United States. Cargo liability and claims shall be governed by 49 U.S.C 14706 and 49 C.F.R Part 370. Cargo liability is limited to actual loss or damage of cargo, minus salvage value, not to exceed $100.00 USD per shipment. If Customer gives advance written notice of higher value load before tendering its cargo for shipment by Carrier, Carrier's cargo liability shall be limited to the declared higher value and will be subject to a 5% excess valuation charges on any amounts above $1000.00 USD. In no event shall the Creditor be liable to the Customer for any special, incidental, punitive, exemplary, or consequential damages that relate to loss, damage, or delay of a shipment.

Presenting Claims. Carrier shall not be liable for any claims not presented to it, in writing, within (7) days of the date of loss or incident giving rise to such claim. No suit to recover any claim or demand under these Terms and Conditions may be brought against Carrier unless such suit is filed in a court of competent jurisdiction within 2 Weeks after the presentation of such claim.

Refused Shipment - – Warehouseman/Storer Liability If the Creditor is unable to deliver the shipment due to consignee refusal, fault, or mistake of Customer or consignee or upon instruction of Customer to hold the shipment in transit, the Creditors liability shall immediately be that of a warehouseman/storer with a duty to exercise such care and diligence regarding them as a careful and vigilant owner of similar goods would exercise. The creditor shall be entitled to possessory and non-possessory lien rights and may dispose of/sell lading 10 days after providing notice to the Customer. The customer shall pay for storage and warehousemen/storer costs minus salvage value. The customer agrees perishable lading will be disposed of at Creditor's sole discretion.

Payment (U.S.A.) I, hereinafter called customer, Authorize Shimon's Express to Electronically Debit my above-listed account and to be unconditionally liable for all charges, fees, and costs any authorized person incurs on Customer's account net 15 days from the date of Creditor's invoice each time an order is placed. Without offset for any disputes or claims, including freight claims, overcharges, duplicate payments, and or disputed invoices. Late charges of 30.5% (U.S.A.) compounded monthly shall commence on the 31st day after the date of the Creditor's invoice until paid. Customer authorized its bank, any credit reporting agencies, any other financial institutions, and any other creditors to release credit and financial information to Creditor and hereby expressly waives any rights to privacy or confidentiality concerning such information as may be provided under any federal, provincial, territorial, or state. or statute, regulation, or policy. Authorization to bill our account for all open invoices begins on the date of signing and will continue until explicit written instructions are given by the Customer to update the account information.

Indemnification by Creditor. Customer shall indemnify, defend, and hold Creditor, its affiliated companies, its employees, and agents harmless from and against all Claims caused by and resulting from (i) the negligent act or omission or willful misconduct of Customer, its employees or agents; (ii) the inherent vice or nature of the commodities being transported, including but not limited to, any and product liability claims related to such commodities; (iii) the violation of any applicable law or regulation by Customer or its employees or agents; and/or (iv) Customer's debts or obligations regarding wages, salaries, taxes or benefits of its employees. The foregoing indemnity shall not apply to any Claim caused in whole or in part by the negligent acts or omissions of the Creditor.

Indemnification by Customer. Customer shall indemnify, defend, and hold Creditor, its affiliated companies, its employees, and agents harmless from and against all Claims caused by and resulting from (i) the negligent act or omission or willful misconduct of Customer, its employees or agents; (ii) the inherent vice or nature of the commodities being transported, including but not limited to, any and product liability claims related to such commodities; (iii) the violation of any applicable law or regulation by Customer or its employees or agents; and/or (iv) Customer's debts or obligations regarding wages, salaries, taxes or benefits of its employees. The foregoing indemnity shall not apply to any Claim caused in whole or in part by the negligent acts or omissions of the Creditor.

Customer shall not use SHIMON'S EXPRESS name, logo, trademarks, or trade names, whether written or oral, without obtaining SHIMON'S EXPRESS prior written consent, which consent may only be given at SHIMON'S EXPRESS sole discretion. Customer shall not use SHIMON'S EXPRESS name, logo, trademarks, or trade names, whether written or oral, without obtaining SHIMON'S EXPRESS prior written consent, which consent may only be given at SHIMON'S EXPRESS sole discretion.

Shimon's Express inc Policy / Important Information: The policy applies to all customers except if agreed otherwise. The customer is responsible for paying for any parking violations caused during the pickup or delivery. The price quote includes up to 1 hr for loading and unloading (30 minutes on 1-2 pallets). There will be a charge of up to $100 for each additional hr. for tractor-trailers will be an additional charge of $150 an hour after 2 hr. pallet exchange if required; the cost may be up to $20 per pallet if not exchanged. The customer is responsible for paying any charges that we lay out at cargo pick-up or drop-off locations and all cargo fees charged by freight companies. There is a min. charge of $125 for a dry run. Liability, including negligence, is limited to the sum of $100.00 per shipment unless a greater valuation shall be agreed upon in writing before shipping. Liability insurance is only applicable if the driver signs for damage of boxes or loss of skids at the time of delivery and not for the loss of boxes. This applies to all shipments shipping as pallet rates or volume rates. If the shipment ships as class and weight, the receiver will need to sign for loss of cartons on the bol at the time of receipt. Quotes are based on the information provided by the customer/shipper and are subject to carrier inspection. All quotes assume business-to-business with 40″ x 48″ x 72″ pallets. Transit times are estimates. If a specific delivery time is required, call to arrange guaranteed service. Because insurance coverage varies per carrier, the protection you require must be confirmed in writing prior to picking up. Once the order has been picked up, this order cannot be DISPUTED. Please be advised all claims will be processed by Shimon's Express inc. with the carrier that hauled the freight and will be processed by the carrier according to the carrier's rules and regulations By Confirming the pickup you ACCEPT all terms and Conditions.