Definitions.

“Carrier” shall mean Forty Five Enterprises, LLC d/b/a Leadfoot Express, Leadfoot Solutions, LLC, and/or any affiliates of either.

“Customer” shall mean any person or legal entity purchasing the Services through Carrier’s website.

“Goods” shall mean the goods described to Carrier through Carrier’s website.

“Services” shall mean transportation, handling, delivery, and related services provided by Carrier.

Liability of Carrier.  Carrier or the party in possession of the Goods shall be liable as at common law for any loss or damage to the Goods, except as provided below.

Carrier shall not be liable for any loss of or damage to the Goods or for any delay caused by an Act of God, public enemy, or the authority of law. Carrier or the party in possession of the Goods shall not be liable for loss, damage, or delay which results: (i) when the Goods are stopped and held in transit on the request of any party entitled to make such request; (ii) from faulty or impassable highway, or by lack of capacity of a highway bridge or ferry; (iii) from a defect or vice in the Goods, or (iv) from riots or strikes. Carrier or the party in possession of the Goods shall have the burden to prove that it has not acted negligently.

Transportation Schedule.  Unless arranged or agreed upon, in writing, prior to shipment, Carrier is not required to transport a shipment by a particular schedule or by a particular date or time, but is responsible to transport the Goods with reasonable dispatch. In case of physical necessity, Carrier may forward a shipment via another carrier.

Claims.  Carrier shall not be liable if a claim is not filed or a suit is not instituted thereon in accordance with the following provisions:

• Claims for loss, damage, or delay must be filed in writing with any participating carrier having sufficient information to identify the shipment.
• Claims for loss or damage must be filed within nine months after the delivery of the Goods (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
• Suits for loss, damage, injury, or delay shall be instituted against Carrier no later than two years and one day from the day when written notice is given by Carrier to the claimant that Carrier has disallowed the claim or any part or parts of the claim specified in the notice.
• Carrier will have the full benefit of any insurance policies or contracts claimant has in effect on the Goods; provided that Carrier receiving the benefit of such insurance must reimburse the claimant for the premium paid on the insurance policy or contract.

Goods not Delivered.  

If Customer refuses the shipment tendered for delivery by Carrier or if Carrier is unable to deliver the Goods, because of fault or mistake of Customer, Carrier’s liability shall then become that of a warehouseman. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication, to the Customer. Storage charges, based on Carrier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at Carrier’s option, in any location that provides reasonable protection against loss or damage. Carrier may place the shipment in public storage at Customer’s expense and without liability to the Carrier.

If Carrier does not receive disposition instructions within 48 hours of the time of Carrier’s attempted first notification, Carrier will make a good faith effort to issue a second and final confirmed notification. Such notice shall advise that if Carrier does not receive disposition instructions within 10 days of that notification, Carrier may offer the Goods for sale at a public auction and Carrier has the right to offer the Goods for sale.

The amount of sale will be applied to Carrier’s invoice for transportation, storage, and other lawful charges. Customer shall be responsible for the balance of charges not covered by the sale of the Goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the Goods sold hereunder, upon claim and proof of ownership.

Where Carrier has attempted in good faith to follow the procedure set forth above to dispose of the Goods and has been unable to do so, Carrier may, at its option, sell the Goods under such circumstances and in such manner as may be authorized by law.

When the Goods consist of perishable goods that cannot be delivered and disposition directions are not received by Carrier within a reasonable time, Carrier may sell the Goods at private or public sale.

Where Carrier is directed by Customer to unload or deliver Goods at a particular location where Customer or its agent is not regularly located, Carrier shall have no liability for the Goods after unloading or delivery at such location.

Limitations on Carrier’s Liability.  Carrier’s liability for loss or damage is limited to $250.00 for any shipment, applicable only to that portion of the shipment actually lost or damaged, UNLESS THE CUSTOMER DECLARES AND PAYS FOR A HIGHER VALUE.

The Customer may increase Carrier’s liability by declaring and initialing a higher value on the face of the bill of lading and paying the additional charges. Declared value may not exceed actual value. Carrier’s liability for complete loss or damage will be the lesser of the total declared value or the total actual value. Carrier’s liability for partial loss of damage will be prorated based on the ratio of total declared value to total actual value.

The Carrier will not be liable for the Customer’s acts, defaults, or omissions including but not limited to, improper or insufficient packing, securing, marking or addressing or for the acts, defaults, or omissions of the party receiving the Goods or any other party with an interest in the Goods.

THE CARRIER WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT THE CARRIER KNEW THAT SUCH DAMAGES MAY BE INCURRED.

Freight Charges.

Customer shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected. Nevertheless, Customer shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by Customer.

Notwithstanding the provisions above, Customer’s liability for payment of additional charges that may be found to be due after delivery shall be as specified by 49 U.S.C. § 13706(a), except that Customer need not provide the specified written notice to the delivering carrier if Customer is a for-hire carrier.

Nothing in these Terms of Sale shall limit the right of Carrier to require the prepayment or guarantee of Carrier’s charges at the time of shipment or prior to delivery. If the description of the Goods or other information provided by Customer is found to be incorrect or incomplete, the freight charges that are due will be based upon the Goods actually shipped.

Items of Extraordinary Value.  Carrier will not be required to carry or be liable in any way for any documents, coin money, or articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed.

Explosives, Dangerous, or Hazardous Goods.  If Customer ships explosives, dangerous, or hazardous goods without previous full written disclosure to Carrier of their nature, Customer shall be liable for and indemnify Carrier against all loss or damage caused by those goods. Carrier may, but shall have no obligation to, warehouse such Goods at Customer’s risk and expense or destroy such Goods without liability to Carrier.