Terms and Conditions for WELLS TRUCKING AND HAULING LLC
Welcome to WELLS TRUCKING AND HAULING LLC. These Terms and Conditions ("Terms") govern your use of our services, including our trucking, hauling, logistics, and transportation solutions, and your interaction with our online platform. By engaging with our services or using our online platform, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services or our platform.
1. Definitions
- "Company," "we," "us," or "our" refers to WELLS TRUCKING AND HAULING LLC.
- "Client," "you," or "your" refers to any individual, company, or entity utilizing our services or accessing our online platform.
- "Services" refers to all trucking, hauling, logistics, transportation, and related services provided by WELLS TRUCKING AND HAULING LLC.
- "Online Platform" refers to our website and any associated digital services, applications, or tools provided by WELLS TRUCKING AND HAULING LLC.
2. Acceptance of Services
By requesting or accepting any Services from WELLS TRUCKING AND HAULING LLC, you acknowledge and agree to these Terms. Each shipment or service request constitutes a separate agreement governed by these Terms and any specific service agreements or quotes provided by us.
3. Quotations and Pricing
- All quotes provided by WELLS TRUCKING AND HAULING LLC are estimates based on information provided by the Client at the time of inquiry.
- Final charges may vary based on actual weight, dimensions, accessorial services, fuel surcharges, detention, re-delivery, or other unforeseen circumstances.
- We reserve the right to revise quotes if material information provided by the Client is inaccurate or incomplete, or if market conditions change significantly.
4. Payment Terms
- Payment for Services is due according to the terms specified in your invoice or service agreement.
- Late payments may be subject to interest charges or collection fees as permitted by law.
- WELLS TRUCKING AND HAULING LLC reserves the right to suspend or withhold Services for accounts with overdue balances.
5. Client Responsibilities
- The Client is responsible for accurately describing the goods to be transported, including type, quantity, weight, dimensions, and any special handling instructions or hazardous material declarations.
- The Client must ensure that goods are properly packaged and secured for safe transportation.
- The Client must provide clear and accurate pickup and delivery instructions and ensure accessibility for our vehicles at both locations.
- The Client is responsible for loading and unloading freight unless specific arrangements for these services are made and included in the service agreement.
- The Client guarantees ownership or legal right to possess and transport the goods.
6. Limitation of Liability
- WELLS TRUCKING AND HAULING LLC's liability for loss, damage, or delay to cargo is limited as per applicable federal and state laws, including the Carmack Amendment (49 U.S.C. § 14706) for interstate shipments.
- Unless a higher declared value is explicitly stated in writing and an additional premium is paid, liability generally does not exceed a specified amount per pound or per shipment (e.g., $0.50 per pound or $100 per shipment, whichever is less, but review your specific bill of lading or contract for exact terms).
- We are not liable for consequential, indirect, incidental, or punitive damages, including but not limited to loss of profit, loss of use, or loss of market, regardless of the cause.
- We are not responsible for delays or non-performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, weather conditions, traffic congestion, government acts, or labor disputes.
7. Claims for Loss or Damage
- All claims for loss or damage must be filed in writing with WELLS TRUCKING AND HAULING LLC within nine (9) months of the date of delivery or, in the case of non-delivery, within nine (9) months after a reasonable time for delivery has elapsed.
- Claims must be supported by original documentation, including the bill of lading, freight bill, proof of delivery with noted exceptions, and evidence of the nature and extent of the loss or damage.
8. Use of Online Platform
- By accessing or using our online platform, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the platform.
- You are responsible for maintaining the confidentiality of any account information or credentials used to access our online platform.
9. Indemnification
You agree to indemnify, defend, and hold harmless WELLS TRUCKING AND HAULING LLC, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your breach of these Terms, your improper use of our Services or online platform, or your violation of any law or the rights of a third party.
10. Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to them or our Services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Summit County, Ohio.
11. Amendments to Terms
WELLS TRUCKING AND HAULING LLC reserves the right to amend or update these Terms at any time. Any changes will be posted on our online platform, and your continued use of our Services or platform after such changes constitutes your acceptance of the new Terms.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Contact Information
If you have any questions about these Terms, please contact us at:
WELLS TRUCKING AND HAULING LLC
683 CLIFFSIDE DR
AKRON, OH, 44313