Terms and Conditions of Services

1. These terms and conditions outline the general rules applicable to LIWMI LLC DBA LIWMI LOGISTICS LLC’s Transportation Logistic services.

2. Charges.  Customer agrees to pay for all charges attributable to the Quote/Offer, including but not limited to taxes, licensing and insurance fees, transportation and related expenses, and delivery charges.  Customer is responsible for the payment of all federal, state, and local sales, use, value added, excise, duty, and any other taxes assessed with respect to the Quote/Offer.

3. Late Payment.  If Customer fails to pay any fees and taxes within thirty (30) days from applicable due dated, it will be deemed a material breach of this Agreement, and Customer shall be charged interest on the unpaid balance at a rate of 1.5% per month.  Customer is responsible for any fees associated with reinstatement of Services.  In the event of collection enforcement, Customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees.

4. Shipment Terms. Customer is responsible for the payment of any additional shipping and/or delivery services outside of their initial Quote/Offer from LIWMI LLC DBA LIWMI LOGISTICS LLC. If Customer agrees to additional services with the shipper or carrier, the Customer shall be responsible to the shipper or carrier for those fees and/or expenses.  LIWMI LLC DBA LIWMI LOGISTICS LLC shall not be responsible to the shipper or carrier for any additional services that were not included in the Customer’s Quote/Offer. Customer shall indemnify and hold harmless LIWMI LLC DBA LIWMI LOGISTICS LLC from and against any and all additional fees and/or expenses not included on their Quote/Offer.

5. Intellectual Property. All materials, including, but not limited to any quotes, data, or information developed or provided by LIWMI LLC DBA LIWMI LOGISTICS LLC or its suppliers or agents pursuant to this Offer/Quote and any know-how, methodologies, equipment, or processes used by LIWMI LLC DBA LIWMI LOGISTICS LLC to provide the Quoted/Offered products and services to Customer, including, but not limited to, all copyrights, trademarks, patents, trade secrets, and other proprietary rights are and will remain the sole and exclusive property of LIWMI LLC DBA LIWMI LOGISTICS LLC or its suppliers, including, but not limited to any drawings, programs, inventions, products and/or technology innovations and methodologies utilized, developed or disclosed by LIWMI LLC DBA LIWMI LOGISTICS LLC in this Offer/Quote.  

6. Change Orders.  Changes after the acceptance of the Offer/Quote are valid only when accepted in writing and signed by LIWMI LLC DBA LIWMI LOGISTICS LLC and Customer.

7. Force Majeure.  Neither Party will be held responsible for its failure to fulfill any of its obligations (except for Buyer’s payment obligations hereunder) if and to the extent that such failure is due to acts of God (such as floods, storms, fires, and earthquakes), acts of war, strike, failure of public utilities, terrorism or general civil insurrection, government and competent authorities orders, failure of supplies, embargoes and trade limitations, changes in law or regulation, epidemics, pandemics or outbreak of communicable disease, quarantines, national or regional emergencies or any other matters beyond the reasonable control of, and not due to, any fault or negligence of such affected Party. Performance shall be deemed to be suspended during the force majeure period. Upon cessation of the force majeure event, LIWMI LLC DBA LIWMI LOGISTICS LLC shall be granted an extension in its period of time to perform, commensurate with the duration of the force majeure event. In the event the force majeure continues for more than ninety (90) days, either Party may terminate the Agreement upon providing written notice to the other Party.

8. Limited Warranty.  LIWMI LLC DBA LIWMI LOGISTICS LLC warrants to Customer only that the services provided will conform to the specifications set forth in the Offer/Quote.

9. No Express or Implied Warranty.  ALL SERVICES PROVIDED BY LIWMI LLC DBA LIWMI LOGISTICS LLC UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. EXCEPT AS EXPRESSLY PROVIDED IN THIS OFFER/QUOTE, LIWMI LLC DBA LIWMI LOGISTICS LLC DOES NOT MAKE AND HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES ALL RELIANCE ON, ANY REPRESENTATION OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT

10. LIMITATION AND DISCLAIMER OF LIABILITY.  Customer’s exclusive remedy for breach of this Offer/Quote as to any term hereof and LIWMI LLC DBA LIWMI LOGISTICS LLC’s only liability for any such breach shall be replacement or repair of the services or products provided in the Offer/Quote in LIWMI LLC DBA LIWMI LOGISTICS LLC sole discretion.  IN NO EVENT WILL LIWMI LLC DBA LIWMI LOGISTICS LLC BE LIABLE TO CUSTOMER FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF THIS OFFER/QUOTE OR TRANSACTION IN EXCESS OF THE QUOTED PRICE IN THE OFFER/QUOTE. Customer acknowledges and agrees to these limitations on liability and remedies.

11. Liability of Carriers. LIWMI LLC DBA LIWMI LOGISTICS LLC is only liable for the organization of transportation. Once goods are in the possession of the Carrier, the Carrier is solely liable for those goods and its services. 

12. Choice of Law and Forum.  The laws of the United States of America and the State of Illinois will govern this Offer/Quote and Terms and Conditions contained herein, without reference to the rules governing the choice of laws.  Any litigation shall be exclusively in Cook County, State of Illinois, or the U.S. District Court for the Northern District of Illinois. 

13. Severability.  If any condition (or part thereof) of these Terms and Conditions of Service shall be found to be invalid, ineffective, or unenforceable the invalidity, ineffectiveness or unenforceability of such condition (or part thereof) shall not so far as possible affect any other condition (or part thereof) and accordingly, all such conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.

14. No Waiver. No failure on the part of either Party to exercise any  right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right, unless expressly waived by the relevant Party in writing.