Click here to download a printable version of these terms and conditions.
SURE LOGIX LLC (“SURE LOGIX”) is a licensed motor carrier operating pursuant to FMCSA Docket No.
MC-882766. The following Service Conditions are applicable to any expedited or air cargo shipment tendered
in non-exclusive use to SURE LOGIX LLC for pickup and delivery unless otherwise expressly agreed in
writing.
If there is a conflict between these Service Conditions and the terms and conditions on any SURE LOGIX LLC
freight Waybill, the SURE LOGIX LLC freight Waybill will control. These Service Conditions supersede all
previous Service Conditions and other prior statements concerning the rates and conditions of service. SURE
LOGIX LLC reserves the right, from time to time, to modify, amend or supplement its rates, features of service,
products, and Service Conditions without notice. Copies of current Service Conditions may be obtained by
contacting SURE LOGIX LLC. Rates and service quotations by our employees and agents will be based upon
information provided by you, but final rates and service may vary based upon the shipment tendered and the
application of the Service Conditions herein. Any conflict or inconsistency between any other written or oral
statements concerning the rates, features of service, products and Service Conditions applicable to SURE
LOGIX LLC service will be controlled by the SURE LOGIX LLC freight Waybill and these Service
Conditions, as modified, amended or supplemented by SURE LOGIX LLC from time to time. WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED. Monetary amounts stated in these Service Conditions refer to U.S.
dollars.
The terms and conditions of the SURE LOGIX LLC waybill or bill of lading tendered by it at time of pickup
shall constitute a receipt for goods and the contract of carriage incorporating the terms and conditions set forth
herein.
Any bill of lading or shipping document which is inconsistent with the transportation contract and receipt for
goods published in these Service Terms and Conditions shall be executed for convenience only and shall be
invalid to the extent it conflicts with the terms and conditions. Driver employees of SURE LOGIX LLC are not
authorized to bind SURE LOGIX LLC to different terms and conditions and sign non-conforming bills of
lading or air waybills as receipt of goods only. These service conditions and limitations shall apply
notwithstanding the issuance of any other air waybill or bill of lading by any party tendering a shipment to
carrier. The party tendering shipments to SURE LOGIX LLC shall indemnify and hold SURE LOGIX LLC and
its carriers harmless from any demand or obligation that exceeds those set forth herein.
“Shipper” means any and all entities tendering shipment to SURE LOGIX LLC for carriage, including entities
physically tendering shipment and entities on whose account shipment is to be made. “Shipper” means the
person or entity with whom the shipment originates, and whose name is listed on the freight Waybill as the
Shipper, and includes the Shipper, Consignor and their agents, servants and employees, and any other person or
entity having or claiming an interest in or beneficial ownership in a shipment. As used herein, “shipper” shall
include, but is not limited to, air freight forwarders, property brokers, surface forwarders / consolidators,
customs brokers, and other logistics providers who tender shipments to SURE LOGIX LLC. Regarding all
shipments tendered by any Shipper as defined above,the shipper represents that it has the authority to enter into
this agreement on behalf of its customer and warrants that it is the disclosed agent of its customer. The term
“Customer” used herein shall include any shipper, airfreight forwarder, property broker, surface forwarder/
consolidators, customs brokers, or other third-party tendering shipments to SURE LOGIX LLC. Where any
intermediary, other than the beneficial owner of the freight, tenders shipments to SURE LOGIX LLC, such
intermediaries shall be the disclosed agent of the beneficial owner of the goods and the term “Customer” shall
include its principal.
Any party tendering shipments to SURE LOGIX LLC which is not the beneficial owner of the goods represents
and warrants to SURE LOGIX LLC that it is authorized by the beneficial owner, shipper or consignee to be
named on the bill to tender the shipment to SURE LOGIX LLC and to bind its principal to the terms and
conditions of these Service Conditions. Any such customer, when tendering cargo to SURE LOGIX LLC,
further agrees to indemnify and hold harmless SURE LOGIX LLC and any subcontractor retained by it from
any claim that it lacked authority to bind its principal to the terms and conditions set forth herein, including
limitations of liability.
Shipper and customer certify that all shipments shall be acceptable for transport under U.S. DOT and FAA
regulations based upon mode selected and reflected on the shipping documents. The hazardous nature of any
shipment tendered to SURE LOGIX LLC shall be properly identified as time of booking and shall be properly
reflected on the shipping documents at time of pickup by SURE LOGIX LLC. Customer and Shipper agree to
indemnify and hold harmless SURE LOGIX LLC from all claims, fines, and liabilities arising out of their
individual and collective failure to properly tender, label, identify or tender hazardous material for transport.
We will only accept shipments having a prior or subsequent movement by air from direct and indirect air
carriers, subject to regulation by the Transportation Security Administration. All customers tendering airfreight
to us warrant compliance with TSA safety protocols and agree to indemnify and hold us and our subcontractors
harmless from any breach in such compliance. We submit to a standard safety protocol designed to feasibly
meet the security requirements of the multiple customers we serve. Prior to utilizing our service for ex-air
moves, customers are advised to contact our Manager of TSA Compliance at (504) 463-0314 to obtain
information concerning our security protocols and to ensure that the supply chain is not compromised.
Customers shall be solely responsible for screening compliance with CCSP requirements.
Subject to its sole discretion, SURE LOGIX LLC shall extend credit to qualified customers and may by
agreement initially bill an intermediary, the named consignor, or the named consignee on the air waybill. All
freight charges shall be paid within twenty (20) days of invoice without offset. Invoices not paid within thirty
(30) days shall be subject to interest at the rate of one and a half percent (1 1/2%) per month until paid. If
collection efforts are required by SURE LOGIX LLC to collect any amount due, collection fees at the rate of
one-third or three hundred USD ($300), whichever is less, shall apply. SURE LOGIX LLC does not employ
other intermediaries as its agents to solicit shipments and bills such parties as a disclosed agent of the shipper
who guarantees payment upon default of its disclosed agent, SURE LOGIX LLC acquires recourse to the
consignor and consignee under the shipping documents in the event freight charges are not paid. SURE
LOGIX LLC reserves the right to demand prepayment of charges. SURE LOGIX LLC reserves the right to
demand prepayment of charges by bank check or money order or credit card on any shipment. A fifty-dollar
USD ($50) fee will be applied for any check dishonored due to insufficient funds or incorrect or insufficient
signature of the drawer.
Send remittance to:
(Via U.S. Postal Service)
SURE LOGIX LLC SURE LOGIX LLC
(Via overnight letter, etc.)
P.O. Box 2354 200 Crofton Rd Bldg. 7 Ste 375
Kenner, LA 70063 Kenner LA 70062
SURE LOGIX LLC shall have a lien on all shipments in its possession, whether actual or constructive,
tendered to it by the shipper for any and all amounts due it by the shipper. This shall be a general lien on all
shipments in its possession tendered by the shipper, and not limited to a specific lien on shipments for which
charges are due. Enforcement of liens may be on any commercially reasonable terms.
SURE LOGIX LLC reserves recourse to the shipper and the beneficial owner of goods for payment of freight
charges in the event of default by the party tendering the shipment to SURE LOGIX LLC for transport.
Carrier warrants that it maintains bodily injury and property damage insurance as required by federal statute
(Form BMC-91X on file). Subject to an agreed release rate, it maintains all risk cargo insurance in an amount of
not less than $100,000 per truckload. Carrier warrants that at all times it will conduct operations as an
independent contractor and not as an employer or joint venturer with customer. With respect to air cargo,
Action subscribes to a uniform safety and security protocol.
Unless specifically otherwise agreed to in writing, SURE LOGIX LLC retains the right to re-weigh and/or
measure, for the purpose of applying correct charges, any shipment(s) at any time while in SURE LOGIX
LLC’s custody and control, and to collect the appropriate charges without first advising, reporting back to, pre-
alerting, or otherwise notifying the Shipper, Consignee or other interested party. SURE LOGIX LLC reserves
the right to assess transportation charges based on volumetric standards. Dimensional weight pricing is
applicable on all shipments with a total volume of more than 194 cubic inches.
Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and
dividing by 194. The dimensional weight of each package in the shipment is added, and the total dimensional
weight of the shipment is then compared to the actual weight of the shipment. If the dimensional weight
exceeds the actual weight, transportation charges for the shipment are based on the dimensional weight.
All shipments handled via truck from origin to destination shall be governed by 49 U.S.C. ‘14706 and
movements having a prior or subsequent movement by air shall be exempt from federal statute. As is customary
in the expedited freight industry, SURE LOGIX LLC follows simplified rating procedures predicated upon a
release rate evaluation of 50 cents per pound per article. Unless otherwise noted and agreed to in writing,
this limit of liability shall apply to all shipments tendered to SURE LOGIX LLC and shall limit not only SURE
LOGIX LLC’s liability, but also the liability of the motor carriers and other transportation service providers in
care, custody and control of shipments pursuant to arrangements made by SURE LOGIX LLC. To ensure strict
compliance with surface transportation statutes, SURE LOGIX LLC’s customers are allowed to choose an
alternative higher limit of liability. In the absence of declared value, the liability of SURE LOGIX LLC and its
transportation service providers shall be 50 cents per pound for that part of the shipment damaged or lost, but
not less than fifty USD ($50) per shipment. The weight used to determine the limit of liability shall be the same
that is used to determine the freight charges of the shipment. In the event that the weight of a lost or damaged
article cannot be determined and the lost article was part of a larger shipment, an average weight of each piece
may be used in the settlement of the claim. Such average will be determined by dividing the weight by the total
number of pieces in the shipment. Shipments with a declared value in excess of fifty cents ($0.50) per pound or
fifty USD ($50) per shipment, whichever is greater, shall be subject to increased freight charges. To arrange for
a higher released valuation, contact 504-463-0314 before tender.
Any shipment with a declared value of in excess of $25,000 which is inadvertently accepted without prior
written approval of an SURE LOGIX LLC corporate officer will be released to a maximum of fifty cents USD
($0.50) per pound and subject to the surcharge provided for herein. In the event the party tendering shipment to
SURE LOGIX LLC is obligated for greater limits of liability pursuant to a through air bill by contract or
otherwise, it shall assume sole responsibility for the liability to the extent it exceeds the agreed release rate and
shall indemnify SURE LOGIX LLC and its carriers and shall waive subrogation with respect to any insurance
purchased to provide excess liability coverage.
SURE LOGIX LLC does not hold out to transport shipments requiring placarding for transportation by surface
or for shipments for air which are restricted by federal regulations. Hazardous materials shall not be accepted
for carriage under any circumstances without prior written consent. Items of a fragile nature that may be
inadvertently accepted without the written approval of an SURE LOGIX LLC corporate officer shall still be
subject to all terms and conditions, including but not limited to limitation of liability, whether or not any
declared value is made.
No time is fixed for the completion of carriage, and SURE LOGIX LLC shall not be liable for any loss or
damage caused by failure to commence or complete carriage within a certain time. SURE LOGIX LLC
assumes no obligation to carry goods over any particular route. SURE LOGIX LLC assumes no obligation to
carry the goods in any particular vehicle and are authorized to select alternate means of transportation and
deviation from route without liability.
SURE LOGIX LLC shall have no liability for any special or consequential damages. All terms and conditions
of the standard waybill attached hereto as Appendix A shall apply. Shipments which do not have a prior or
subsequent shipment by air shall be governed by the Carmack Amendment, 49 U.S.C. ‘14706 and the released
rate provisions contained herein shall be construed as complying with the notice, election of rates and other
requirements.
Cargo claims for loss or damage of surface transportation moves must be filed within 9 months in accordance
with 49 C.F.R. 370. The statute of limitation for filing suit shall be 2 years and 1 day after issuance of written
denial. For shipments having a prior or subsequent movement by air, the deadline for instituting suit shall be 1
year after the claim is denied in whole or in part. All claims should be sent to SURE LOGIX LLC in writing via
certified mail or the like at P.O. Box 2354, Kenner, LA, 70063. No claims shall be considered, and no claims
shall be paid unless and until all transportation charges have been paid and customer agrees that cargo claims
cannot be offset against freight charges. General principles of federal transportation law shall apply and any
action against SURE LOGIX LLC shall only be brought on State Court or Federal Court (where applicable) having
jurisdiction in Jefferson Parish, Louisiana. In addition to the released evaluation agreed to pursuant to
these terms and conditions, Customer agrees that any lower limit of liability agreed to between the Shipper and
the logistics provider which retains SURE LOGIX LLC shall apply and that no party shall seek to recover from
SURE LOGIX LLC a greater sum than any limitation agreed to pursuant to a through bill of lading.
Where a forwarder, broker, or logistics provider tendering traffic to SURE LOGIX LLC has agreed to higher
limits of liability with its shipper, in tendering shipments to SURE LOGIX LLC, it agrees that the maximum
liability of SURE LOGIX LLC and its carriers shall not exceed the released rate limitation set forth herein and
that it will indemnity and hold harmless SURE LOGIX LLC and its carriers from all claims, including
attorney’s fees in the event that amounts greater than agreed to herein are sought.
Without waiver of any other provision of these terms and conditions, SURE LOGIX LLC and its carriers shall
not be liable for any damage or loss of any nature caused by:
(a) acts of God, public enemy, or public danger incident to a state of war;
(b) any default of the shipper or consignee;
(c) the nature of the shipment, or any defect, characteristic or inherent vice of the shipment;
(d) violations by the shipper or consignee of any conditions of these terms and conditions;
(e) compliance with laws, governmental regulations, orders or requirements of any jurisdiction; or
(f) any other cause beyond the control of SURE LOGIX LLC.
(g) any liability discovered after delivery to and inspection by screening facilities.
If any provision or provisions of these terms and conditions shall be unenforceable, all remaining provisions
shall remain, and the parties bound to them. These terms and conditions may be changed without notice, and the
effective version of these terms and conditions shall be as posted at www.actionfreightservice.com, and shall
also be available upon request. The version of these terms and conditions in effect as of the date the shipment is
tendered to SURE LOGIX LLC shall be the applicable version.
The SURE LOGIX LLC website at www.actionfreight.com is for the convenience of SURE LOGIX LLC
customers, and shall be subject to its terms of use, and shall not affect these terms and conditions.
In addition to point-to-point transportation to be provided pursuant to the rates and schedules set forth herein or
as otherwise agreed in writing, SURE LOGIX LLC service provider, upon shipper’s request and for charges to
be determined, may provide inside delivery and setup of cargo. When such service is rendered, the consignee
shall first sign carrier’s bill of lading, noting any damage to external packaging prior to unpacking. Signature
without notification or exception shall constitute prima facie evidence that the shipment was not damaged in
transit. Then, if during the unpackaging of goods, concealed damages are found, the consignee shall note such
concealed damages on the house waybill and shall contact the shipper immediately. Shipper acknowledges that
neither SURE LOGIX LLC nor its carrier pack goods for transportation or inspect shipments prior to
acceptance of goods into the carrier’s care, custody and control. Accordingly, shipper shall have the burden of
proof to demonstrate that any concealed damages were caused by shipper negligence.
Neither SURE LOGIX LLC nor its network carriers are entities subject to direct regulation by the
Transportation Security Administration.All shipments having a subsequent movement by air cargo must be
tendered to SURE LOGIX LLC by direct air carriers or indirect air carriers (IACs) who accept TSA
responsibility for the shipment. Each carrier in the SURE LOGIX LLC network subscribes to a uniform
security protocol which has been approved by existing customers. A copy of this protocol is available for
review and incorporation by qualified IACs and other regulated parties. In tendering air cargo shipments to
SURE LOGIX LLC, the customer certifies that it is in compliance with TSA security requirements and that
the services of SURE LOGIX LLCs network of carriers are those of a non-exclusive ground service agent.
Acting as a disclosed agent of its customers, SURE LOGIX LLC agrees to arrange for transportation using its
network of qualified service providers under contract with it (hereinafter referred to as “Carriers”). The service
terms and conditions set forth the entire agreement between the customers on the one hand and, on the other,
SURE LOGIX LLC and its network of carriers.
(a) Property not accepted by the consignee after notice of the arrival of the property at destination has been
fully sent or given, may be kept subject to the tariff charge for storage and to carrier’s responsibility as a
warehouseman, only, or at the option of the carrier, may be stored in Action’s warehouse or another licensed
warehouse at the cost of the owner, and there held without liability on the part of the carrier and subject to a lien
for all freight and other lawful charges including reasonable charge for storage.
(b) Where nonperishable property is refused at destination by the consignee or where the consignee fails to
receive it within 15 days after notice of the arrival shall have been duly sent or given, the carrier may sell same
at public auction to the highest bidder, at such place as may be designated by the carrier.
(c) Where perishable property which has been transported to destination and the consignee or party entitled
to receive it has failed to receive it promptly, the carrier may, at its discretion to prevent deterioration, sell same
to the best advantage at private or public sale.
(d) The proceeds of any sale made under this section shall be applied by the carrier to the payment of
freight, demurrage, storage, any other lawful charges and the expense of notice, advertisement, sale and/or other
necessary expense and of caring for and maintaining the property. If proper care of same requires special
expense, and should there be a balance, it shall be paid to the owner of the property sold hereunder.”