Terms and Conditions
Last updated February 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SHAH LOGISTICS, LLC AND SHAH TRUCKING, LLC WEBSITE. THESE TERMS AND CONDITIONS (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE AND YOUR PURCHASE OF PRODUCTS AND SERVICES FROM SHAH.
By using the website located at https://www.shahlogisticsllc.com/ and all related sites (collectively, the “Site”) or purchasing services or products from Shah, you, the user and/or customer (“you”), signify your agreement with these Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Site. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Shah retains the right to deny access to anyone at its complete discretion for any reason, including for violation of any of these Terms and Conditions.
All references to “Shah”, “we”, “our”, or “us” made within these Terms and Conditions shall be references to and include Shah Logistics, LLC, Shah Trucking, LLC and their respective subsidiaries and affiliates.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The Site is controlled and operated by Shah or its representatives, agents, or employees. All material on the Site, including, but not limited to, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, registered and unregistered, and other intellectual property rights which are owned and controlled by Shah or by other parties that have licensed their material to Shah. Material from any website owned, operated, licensed, or controlled by Shah may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by Shah. None of Shah’s intellectual property, including, but not limited to, the materials on the Site, may be used for commercial benefit without prior written permission from Shah.
Shah authorizes you to view and access a single copy of the content available on or from the Site solely for your personal use, and any modification of the materials on the Site or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms and Conditions and/or some other written agreement between you and Shah, the use of any such material on any other website or networked computer environment is prohibited. The Site may contain other proprietary notices, trademark and/or copyright information, the terms of which must be observed and followed. Information on the Site may be changed or updated by Shah without notice.
Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on the Site, or obtaining or accessing any information from or through the Site. You shall not use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
You may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Shah or any other third party, or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
TERMS OF SERVICE
YOU MAY NOT USE, ORDER, OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
These Terms constitute a legally binding contract between Shah and its customers with respect to the products and services that Shah provides. In the event Shah renders services and issues a document containing terms and conditions governing such services, the terms and conditions set forth in such other document(s) shall incorporate these Terms. As used herein, "customer" shall mean the person to which Shah is providing service, as well as its principals, agents, successors, assigns, and representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the customer to provide notice and a copy of these Terms to all such agents or representatives. Any contractual agreements between customers and Shah may be initiated by submitting information through the Site. Shah’s receipt of any transaction request information does not signify acceptance of any offer regarding the terms of such transaction. SHAH RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ANY PRODUCTS OR SERVICES DESCRIPTIONS LISTED ON THE SITE, INCLUDING ANY PRICES FOR SUCH PRODUCTS OR SERVICES.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.
Unless services are performed by persons or firms engaged pursuant to express written instructions from the customer, Shah shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment. Advice by Shah that a particular person or firm has been selected to render services with respect to goods shall not be construed to mean that Shah warrants or represents that such person or firm will render such services nor does Shah assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, Shah shall reasonably cooperate with the customer, which shall be liable for any charges or costs incurred by Shah.
ANY AND ALL QUOTATIONS AS TO FEES, RATES OF DUTY, FREIGHT CHARGES, INSURANCE PREMIUMS OR OTHER CHARGES GIVEN BY SHAH TO THE CUSTOMER ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE; NO QUOTATION SHALL BE BINDING UPON SHAH UNLESS SHAH AGREES IN WRITING TO UNDERTAKE THE HANDLING OR TRANSPORTATION OF THE SHIPMENT AT A SPECIFIC RATE OR AMOUNT SET FORTH IN THE QUOTATION AND PAYMENT ARRANGEMENTS ARE AGREED TO BETWEEN SHAH AND THE CUSTOMER.
The compensation of Shah for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by Shah to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by Shah from carriers, insurers and others in connection with the shipment.
Shah shall have a general and continuing lien on any and all property of customers coming into Shah’s actual or constructive possession or control for monies owed to Shah with regard to the shipment on which the lien is claimed, any prior shipment(s) and/or both. Shah shall provide written notice to customers of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges. Customers shall notify all parties having an interest in its shipment(s) of Shah’s rights and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, a customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Shah, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Shah shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to the customer.
Customer acknowledges that it is required to review all documents and declarations prepared or filed with U.S. Customs & Border Protection, other government agencies, and third parties, and will immediately advise Shah of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on customer’s behalf. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, Shah relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by customer. Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold Shah harmless from any and all claims asserted and/or liability or losses suffered by reason of the customer's failure to disclose information or any incorrect, incomplete or false statement by the customer or its agent, representative or contractor upon which Shah reasonably relied. The customer agrees that the customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
Unless requested to do so in writing and confirmed to customer in writing, Shah is under no obligation to procure insurance on customer's behalf. In all cases, customers shall pay all premiums and costs in connection with procuring requested insurance.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, Shah shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a "recordkeeper" or "recordkeeping agent" for customer.
Where Shah prepares and/or issues a bill of lading, Shah shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Shah or its agent and customer agrees to pay for same, Shah shall rely upon and use the cargo weight supplied by customer.
ADVANCING MONEY
All charges must be paid by customers in advance unless Shah agrees in writing to extend credit to customer, in which event customer shall execute Shah’s standard Credit Application. The granting of credit to a customer in connection with a particular transaction shall not be considered a waiver of this provision by Shah, and any agreements to extend credit shall be subject to these Terms.
THIRD PARTY WEBSITES
Shah makes no representations whatsoever about any other websites that may be accessed through the Site. When you access a non-Shah website through the Site, please understand that it is independent from Shah, and that Shah has no control over the content on that website. In addition, a link to a non-Shah Web site does not mean that Shah endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
LINKS TO THIS WEBSITE
Shah welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link directs to the full version of the Site and does not state or imply any sponsorship or endorsement of your site by Shah. You are not permitted to link directly to any image or content hosted on the Site or our services, such as using an “in-line” linking method to cause the image or content hosted by us to be displayed on another website. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Shah site, including, but not limited to, any logos or characters, without the prior expressed written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Shah site without the prior expressed written consent of Shah.
DISCLAIMER OF WARRANTIES
Shah, its affiliates and each of their directors, officers, employees and authorized representatives DO NOT WARRANT THAT THE SITE OR SHAH’S PRODUCTS OR SERVICES ARE ERROR-FREE. MATERIALS FOUND WITHIN THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Shah, its affiliates and each of their directors, officers, employees and authorized representatives DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND SHAH’S PRODUCTS AND SERVICES. Shah, its affiliates and each of their directors, officers, employees and authorized representatives MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they shall apply to the greatest extent permitted by law.
Shah, its affiliates and each of their directors, members, shareholders, managers, affiliates, officers, employees and authorized representatives WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE Shah, its affiliates and each of their directors, members, shareholders, managers, affiliates, officers, employees and authorized representatives SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF ANY OF Shah, its affiliates and their respective directors, members, shareholders, managers, affiliates, officers, employees and authorized representatives is RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE SITE OR YOUR PURCHASE OF PRODCUTS OR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SHAH. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
Nothing on the Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Shah in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Shah preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms and Conditions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Shah, its subsidiaries and other affiliated companies, their respective officers, directors, members, managers, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms by you, or (ii) your negligence or willful misconduct.
COSTS OF COLLECTION
In any dispute involving monies owed to Shah, Shah shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 15% per annum or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by Shah.
REGISTRATION
To access some of the services or the Site, you may be asked to provide registration details or contact information. It is a condition of use of the Site that all the details you provide be correct, current and complete. To the extent that an individual account is established, it will be your responsibility to maintain the confidentiality of such information, including any username or password information.
You also agree that Shah may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms and Conditions or Shah’s privacy policy, (5) suspected or actual copyright infringement, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that Shah will not be liable to you or to any third party for termination of your access to the Site.
By using the Site you warrant that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and services purchased from Shah may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any products, services, or content therein.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication or internet breakdown or power outage.
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Shah may assign its rights, obligations, and/or these Terms at any time in its sole discretion without notice to you.
NO WAIVERS
The failure by Shah to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Shah.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
SEVERABILITY
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
ENTIRE AGREEMENT