TERMS AND CONDITIONS OF DOING BUSINESS WITH THE FRONTDOOR COLLECTIVE
THE FRONTDOOR COLLECTIVE (FDC), acting through its franchisees (collectively referred to as the FRONTDOOR PARTNERS or FDPs), has developed a business that offers, sells and provides pick-up (“first mile”), sortation, delivery (“last mile”) and other services and products that the FDC authorizes the FDPs to provide (the “Approved Services and Products”) to Customers. When using FDC’s Approved Services and Products, the Customer agrees that these Terms and Conditions shall apply. When using FDC’s services as “Shipper”, Customer further agrees on behalf of the Consignee of the Shipment (“Consignee”), and any other interested party, that these Terms and Conditions shall apply.
All Customer information obtained by FDC may be used to complete the Approved Services and Products, perform credit approvals, collect debts, and will be held in strict confidence. When the Customer or Shipper provides information about the Consignee, including PII, that information shall be used solely for the purposes of providing the Approved Services and Products.
DELIVERIES, PICK-UPS AND UNDELIVERABLES
The Shipment or Shipments shall be delivered to a secure location by FDC to the address or other location (for example, a locker system) given by the Shipper or picked-up at the time and place provided by the Shipper or his or her designee. The Shipper shall provide all information necessary to access a pick-up facility, gated community, apartment or other building or other information to allow a delivery to be successful. If the FDC obtains additional information regarding an accurate and safe delivery to an address, such information shall be deemed to be the intellectual property of the FDC but may only be used for the purposes of providing the Approved Services and Products. The FDC may not deliver to PO Boxes or mailboxes.
The FDC may notify the Consignee of an upcoming delivery and shall notify the Consignee of a missed delivery. In the case of a missed delivery, the Consignee will be offered a method to request a reattempt at an additional fee. If the Shipment is undeliverable, or Consignee cannot be located, FDC shall use reasonable efforts to return to Shipper at Shipper’s cost. FDC will dispose of a Shipment, at Shipper’s instruction, without incurring liability. FDC will sell the Shipment, at Shipper’s instruction, and apply any proceeds to Shipper’s charges, minus reasonable administrative costs.
The FDC and FDPs may use any vehicle to deliver the Shipments.
FDC and FDPs have the right to open and inspect Shipment(s) without notice to the Shipper for safety, security, or other valid regulatory reasons.
FEES AND CHARGES
THE FDC WILL ISSUE ITS INVOICES ON THE FIRST BUSINESS DAY OF THE WEEK FOR THE PRECEEDING SEVEN (7) DAY PERIOD PAYMENT IS REQUIRED IN FULL NO LATER THAN SEVEN (7) DAYS FROM THE INVOICE DATE. Customer’s account will be assessed a 1.5% late fee for all invoices 30 days or more in arrears.
Each Shipment will be insured by FDC during transit for loss, damage, delay, non-delivery, misinformation, or mis-delivery at the an amount not to exceed the lesser of the replacement value or $100.00. Any replacement value in excess of $100.00 shall be Shipper’s own risk. Customer’s right to recover from FDC shall be limited to the lesser of the replacement value or $100.00 for any loss, value of package, income interest, profit, attorney fees, costs and other form of damage (direct, incidental or consequential). FDC will not be liable for loss, damages, or delay created by events FDC cannot control, including but not limited to acts of God, weather conditions, acts of public enemies, war, strikes, civil commotion, or mechanical or other delays of vehicle and/or aircraft used in providing transportation services.
TIME LIMIT FOR CLAIMS
All claims, requests for refund or credits must be received within 15 calendar days from the invoice date and must be submitted in writing. Claims are limited to one claim per Shipment and any settlement for all loss or damage is final. A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request.
SHIPPERS WARRANTIES AND INDEMNITIES
Shipper shall indemnify and hold FDC harmless for any loss or damage arising out of Shipper’s failure to comply with any of the the following warranties and representations (a) all information provided by Shipper is complete and accurate (b) the Shipment was prepared securely and was protected against any unauthorized interference at all times to FDC (c) Shipper has complied with all country of origin data protection laws, sanctions, embargos and any other applicable laws and regulations and(d) Shipper has obtained all necessary consents to provide FDC with personal data for Consignee. FDC has the right to appoint third parties to process the personal data provided by the Shipper.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the laws of Texas. Such dispute shall be resolved by a mediator experienced in the field of commercial disputes to assist. The parties will share equally in the cost of any mediator and such proceedings, but both parties will be responsible for their own travel, employee, and legal costs.
The invalidity or unenforceability of any provision shall not affect any other part of this Terms and Conditions.