Conditions of Contract

In tendering a shipment for carriage, customer agrees to these Conditions of Contract (the “Conditions”) which no agent or employee of the parties may alter, unless specifically required by written and signed contract between the parties.

  1. As used in these Conditions, “PEP” or “EM2” means Bristlecone Group, LLC. “Company” and its authorized agents and “Customer” means the party placing and order for or otherwise procuring services for the shipment and delivery of its property or goods.
  2. Carriage and other services performed hereunder are subject to these Conditions and to the rates, rules, and classification set forth in an order form executed by PEP/EM2 and Customer, or if no such order form, in PEP/EM2’s currently effective governing tariffs, which are available for inspection (, ) and incorporated into these Conditions by reference.
  3. All shipments may, at Company’s option, be opened and inspected.
  4. Company shall not be liable for any loss, damage, delay, mis-delivery, non-delivery, or other results not caused by its own negligence.  Company shall not be liable for (a) Acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotion, hazards or dangers incident to a state of war; (b) the act or default of Company or any consignee, including any breach of the warranty; (c) the nature of the shipment or any defects characteristic or inherent vice thereof; (d) violation by Company or any consignee of any of these Conditions; (e) compliance or non-compliance with delivery or special instructions.
  5. PEP/EM2 shall not be liable for special on consequential damages.
  6. PEP/EM2’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $.50 per pound per piece of cargo lost, damaged, misdelivered or otherwise adversely affected.  This limitation is subject to provisions as published in the Company’s governing tariff in effect at the time of the applicable shipment.  Declared value for carriage, in excess of $.50 per pound per piece shall be subject to an excess valuation charge.
  7. Unless each piece of a shipment has a declared value stated and is specifically identified at the time of shipment and is so identified to the Company within seven days of delivery as being lost, damaged, destroyed or otherwise adversely affected at the time of delivery, PEP/EM2 shall be liable subject to tariff provisions in effect at the time of the shipment for the average declared value of the shipment multiplied by the package weight of the piece(s) adversely affected.  The average declared value of the shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment.
  8. Customer and any consignee shall be liable, jointly and severally (a) for all unpaid charges payable on account of a shipment made by Company at the request or upon the direction of Customer under these Conditions, and (b) to pay or indemnify Company for all claims, fines, penalties, damages, legal expense, cost or other sums which may be incurred by Company by reason of any violation of these Conditions or any other default of Customer or any consignee or any of their agents.
  9. PEP/EM2 shall have a lien on the shipment for all sums due and payable to Company.
  10. In the event of the failure or inability of any consignee to take delivery of a shipment, Company will notify Customer in writing at the address provided or via E-Delivery and request disposition instructions.  If Customer fails to provide disposition instructions within thirty (30) days after the date of Company’s notice, PEP/EM2 will return the shipment to Customer at Customer’s sole cost and expense, including applicable storage costs.  If Customer fails to accept delivery of the shipment thus returned, PEP/EM2 may, upon thirty (30) days written notice to Customer, dispose of the shipment at public or private sale and pay out of the proceeds received from such sale all amounts necessary to satisfy the charges and all amounts owing to Company as a result of the shipment.  Any sum collected by Company, in excess of such charges, will be paid to Customer upon receipt from Customer of a release prepared by and acceptable to Company.  No sale or disposition pursuant to this paragraph will discharge any liability or lien to any greater extent than the proceeds thereof.  Customer and any consignee shall remain liable jointly and severally for any and all financial deficiencies.
  11. Claims for loss or damage discovered by Customer or any consignee after delivery and after a clear receipt has been given to Company must be reported within seven (7) days after delivery of the shipment, with privilege to Company to inspect the shipment and its container(s) and packing materials within twelve (12) days after receipt of such notice.  
  12. No claim with respect to a shipment, any part of which is received by a consignee, will be entered or otherwise processed until all charges have been paid to Company in full.
  13. Claims for overcharges or duplicate billing must be made in writing within a period of sixty days after the date of acceptance of the shipment by a consignee.
  14. PEP/EM2 shall not be liable in any action unless a written claim has been filed within seven (7) days of acceptance by a consignee and such action is brought within ninety (90) days after the date written notice is given to the claimant that Company has disallowed the claim in full or in part.
  15. To the extent that is not governed by Federal law, all issues related to Customer’s shipments, the services provided by Company, and the tariffs incorporated by reference shall be construed and the performance of the services hereunder shall be determined in accordance with the laws of the State of Colorado.  If any provision of these Conditions, including the tariff incorporated by reference, is determined to be invalid or unenforceable, the remainder of these Conditions shall not be affected thereby.
  16. Customer represents and warrants that each package is properly described, marked and addressed, is packed adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted is in good order.  Company shall not be liable for damage/loss unless abusive handling and/or loss is clearly evident and is so noted on the delivery receipt at the time of delivery.  Note: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having ordinary care in handling.
  17. At the time of delivery, all consignees must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment, damage to the container, or possible damage to the contents of the container), and Customer understands and agrees that a consignee may not open shipping containers or otherwise inspect the contents of the shipping container until the consignee first signs for the shipment on the delivery receipt and notates any and all discrepancies evident from the containers.  Note: Such notations as “subject to inspection” and “subject to recount” are not exceptions.
  18. Unless otherwise expressly provided in PEP/EM2’s tariff, agreed to expressly and in writing, and subject to any condition or restrictions contained herein, the following articles will not be accepted for carriage and Company expressly disclaims any and all liability therefore;  any shipment prohibited by law;  original works of art;  antiques;  bonds;  coins of any kind;  furs;  gems or stones (cut or uncut), industrial diamonds;  gold or silver coined concentrates;  jewelry (other than costume jewelry);  money;  pearls,  precious metals;  securities (negotiable);  time sensitive written material (e.g. bids, contracts, proposals, etc. when declared value exceeds $.50 per pound);  household goods and/or personal effects when the total value of the shipment exceeds $500.00 or when the declared value exceeds $.50 per pound and such other articles provided in Company’s governing tariffs.  PEP/EM2 shall not be liable for any loss, damage, delays, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed, and no employee or agent of Company has the authority to accept for transportation such articles or to wave the limitations herein contained.
  19. Terms:  payment is due net 30 days from the date of Invoice.  Past Due invoices (30 days old) will be charged 2% interest per month with a $10.00 minimum or the maximum permitted by law.
  20. All charges are payable to Company at 14603 E Moncrieff Pl. Suite 100, Aurora CO  80011.  All correspondence including claims should be made to the same address.
  21. If any account is turned over to collection Customer shall pay all costs incurred by PEP/EM2 for such collection activities including interest thereon.  Should Company successfully defend itself for any legal action brought by any party, PEP/EM2 shall be entitled to attorney fees, court cost and other fees.