FDR Logistics Terms and Conditions

  1. FDR Logistics (“FDRL”) is a Colorado company with its headquarters based in Denver, Colorado.
  2. For purposes of these Terms and Conditions, the customer utilizing FDRL services shall be referred to as the “Shipper”.
  3. “Shipment” means all documents or parcels that travel under one Parcel Bill of Lading and may be carried by any means FDRL chooses, including land, air, or any other carrier method or means.
  4. “Residential pickup” means a pickup from a home or private residence, including locations where a business is operated from the home.
  5. When using FDRL’s services, Shipper agrees that these Terms and Conditions shall apply to recipient of Shipper’s Shipment, their agents, servants, employees, and any other person or entity having or claiming an interest in Shipment, from the time that FDRL accepts Shipment, unless otherwise agreed upon in writing between a duly-authorized officer of FDRL and Shipper.
  6. Every Shipment is transported on a limited liability basis as provided herein. The Shipper is urged to request Shipment value protection, available at an additional cost at the time of shipping, for any items that are valuable, difficult to replace, or that have a time sensitivity.
  7. Privacy - FDRL understands the importance of protecting the privacy of Shipper. The information collected is used to market and improve the services FDRL and our subsidiaries offer, to improve FDRL web site content, and to contact you with updates to the web site or for other marketing purposes.
  8. Certain areas of FDRL’s website and shipping portal require registration (upon invitation by FDRL only) or a password for access. Information obtained from registered users of these areas may also be used for FDRL marketing purposes, and cookies may be used in those and other areas. Information obtained in these areas may also be used in accordance with agreements governing access to and use of the specific areas, including, but not necessarily limited to FDRL Shipments. In addition, visitors to FDRLogistics.com may choose to register for a FDRL Login user ID and password to simplify access to some interactive features on FDRLogistics.com. Log file data and other information gathered from registered users of fedex.com are used to improve the fedex.com customer experience.
  9. Shipper consents to all packages being physically searched, screened, and inspected. FDRL reserves the right, but is not required, to open and inspect a Shipment without prior notice to Shipper.
  10. Non-Waiver - Any failure by FDRL to enforce or apply a term, condition, or provision of the FDRL offering does not constitute a waiver of that term, condition, or provision, and does not otherwise impair FDRL’s right to enforce such term, condition, or provision.
  11. Unless agreed by FDRL in writing, "Working Days" do not include Saturdays, Sundays, or any public holiday.
  12. Shipper warrants to the company that the shipment is sufficiently packaged to withstand ordinary handling while in transit as well as conditions incidental to transportation, such as sudden changes in temperature and pressure during air transportation. All packages must be appropriately marked, securely sealed and properly addressed to insure the safety of the materials while in transit.
  13. All purchases with FDRL are final.
  14. FDRL does not agree to carry, and will not accept any liability for, items which FDRL is not permitted to carry, cannot safely carry, or for any goods including but not limited to those goods as follows:
    1. Goods that are classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), any applicable government department, or other relevant organization;
    2. Goods with no customs declaration made when required by applicable customs regulations;
    3. Lithium batteries or any products with Lithium batteries installed.
    4. Goods with incorrect or false customs declarations;
    5. Goods with defective or inadequate packaging, or goods that cannot be carried safely by FDRL:
    6. Shipments whose carriage or conveyance would be unlawful;
    7. Shipments whose content, exterior design, transport or storage violate a statutory or authorities' prohibition, in particular any export, import, or customs law provisions of the countries of origin, destination or transit, or which require special facilities (e.g. for temperature-controlled goods), safety precautions or permits; these include Shipments or goods whose transport is prohibited according to the Universal Postal Union Acts, and those whose contents violate the protection of intellectual property, including counterfeit or unlicensed copies of products (brand piracy);
    8. Shipments whose content or exterior make-up could injure or infect persons or cause damage to property;
    9. Shipments of items with intrinsic value, including, but not limited to, live animals or human remains, human body parts, human embryos, cremated or disinterred human remains, cash or currency, perishables, liquor, plants, precious metals, precious stones, jewelry, negotiable securities, other instruments, furs, firearms or parts thereof, ammunition, pornography, illegal narcotics/drugs, works of art, artwork, ceramics, deeds, tender documents, documents similar to and including passports, stamps, vouchers, prescribed drugs, liquids, or valuable antiques;
    10. Shipments that require FDRL to obtain national, local, state, or federal license for their transportation;
    11. Shipments that may cause damage or delay to equipment, personnel, or other shipments;
    12. Lottery tickets and gambling devices where prohibited by law;
    13. Hazardous waste, including, but not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal, or for any other purpose, or other medical waste, packages that are wet, leaking, or emit an odor of any kind, live insects, shipments, or commodities that are prohibited by applicable local, state, or federal law;
    14. Marijuana, as defined by U.S. federal law, 21 U.S.C. 802(16), including marijuana intended for recreational or medicinal use, and synthetic cannabinoids, waste or garbage for disposal.
    15. Shipments whose transport and/or storage is subject to dangerous goods regulations;
    16. Shipments of goods which are not completely unrestricted according to the latest IATA and ICAO dangerous goods regulations, including gases, pyrotechnics, arms, and ammunition, or corrosive, toxic, flammable, explosive, oxidizing or radioactive materials, or any other noxious, dangerous, or hazardous goods or goods likely to cause damage. Should Shipper nevertheless deliver any such goods in a proposed Shipment to FDRL or cause FDRL to handle or deal with any such goods, the Shipper shall be liable for any and all loss or damage caused by, or in connection with the goods of the Shipment, however arising, and shall indemnify FDRL against all penalties, claims, damages, costs, and expenses whatsoever arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of FDRL or by any other person in whose custody they may be at the relevant time;
    17. Shipments that are addressed to natural or legal persons which are enlisted on a sanctions list, or which shall be transported to countries for which embargoes are in place;
    18. Obscene or immoral articles, pornography;
    19. Goods that are classified;
    20. Counterfeit goods;
    21. FDRL reserves the right to refuse any Shipments that by reason of danger or other character of its contents is likely, in the sole judgment of FDRL, to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impracticable to transport, or that is improperly packed or wrapped; and
    22. FDRL reserves the right to refuse any Shipments which are neither the property of, nor sent on behalf of, the Shipper.

    Should any Shipper nevertheless (whether knowingly or unknowingly) deliver such goods in a Parcel to FDRL or cause FDRL to handle such goods otherwise than under special arrangements previously made in writing, FDRL shall be under no liability whatsoever in connection with the goods, however arising.

  15. The Shipper, whether principal or agent, warrants to FDRL that the content of the Shipment may be lawfully carried aboard airline, aircraft, or other federally regulated carriers, is not a Prohibited Good, and is properly packaged or sheathed for the purpose of shipping, if necessary.
  16. Shipper agrees to disclose true and accurate information if requested by FDRL.
  17. Notwithstanding any other rights of FDRL, Shipper shall indemnify and hold harmless the company from any all claims of third parties that may incur as a result of a transport of Prohibited Goods or other excluded or illegal goods. The contractual liability of FDRL on the basis of culpable conduct of the company or its agents remains unaffected.
  18. FDRL WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT FDRL KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.
  19. In no event shall FDRL, including, without limitation, agents, contractors, employees, and affiliates, be liable for any special, incidental, or consequential damages, including, without limitation, loss of profits or income, whether or not FDRL had knowledge that such damages might be incurred.
  20. FDRL will not be liable for, nor will any adjustment, refund, or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation, or any failure to provide information, except such as may result from FDRL’s sole negligence.
  21. FDRL will not be liable for, nor will any adjustment, refund, or credit of any kind be given as a result of, any delay, misdelivery, or nondelivery, due to the Shipper or the receiver not adhering to customs regulations in the country of destination. This would include, but not be limited to, any issues resulting from missing documentation for the import of goods, or commercial invoice not meeting customs regulations or needs. For avoidance of doubt the Shipper and receiver are at all times responsible to ensure the goods contained in any Shipment meet the requirements to be brought into the country. FDRL in no way is responsible for the description of the goods or their suitability for import into the country.
  22. Dimensional Weight (Volumetric Weight) - Charges may be assessed based on dimensional weight, which is a volumetric standard. Dimensional-weight pricing is applicable on a per-package or per-shipment basis to all shipments in customer packaging. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Shippers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from FDRL.
  23. FDRL will not be liable for, nor will any adjustment, refund, or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
    1. The act, default or omission of any person or entity, other than FDRL including those of any local, state or federal government agencies;
    2. The nature of the shipment, including any defect, characteristic, or inherent vice of the shipment;
    3. Shipper’s violation of any of the terms and conditions contained in the FDRL Terms and Conditions, as amended or supplemented, or on an Parcel Bill of Lading, including, but not limited to, the improper or insufficient packing, securing, marking, and addressing of shipments, or failure to give notices in the manner and time prescribed;
    4. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by FDRL), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods, and hurricanes are examples of natural disasters), conditions that present a danger to FDRL’s personnel, and disruption or failure of communication and information systems (including, but not limited to, FDRL’s systems);
    5. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers, and financial account information;
    6. FDRL’s failure to honor package-orientation graphics (e.g., “up” arrows, “this end up” markings), “fragile” labels, or other special directions concerning packages;
    7. Any Shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens, and glass containers such as those used in laboratory testing environments;
    8. The unavailability or refusal of a person to accept delivery of the shipment;
    9. Acts of God;
    10. Acts of public authorities;
    11. Acts or omissions of customs or other authorities;
    12. Insufficient information provided by Shipper;
    13. The application of security regulations imposed by the government, or otherwise applicable to the delivery location;
    14. Riots, strikes, or other labor disputes;
    15. Civil commotions and/or disruptions in air or ground transportation networks, such as weather phenomena, natural disasters, and Force Majeure.
  24. Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places as FDRL deems appropriate. FDRL will make every reasonable effort to deliver the Shipment according to FDRL’s regular delivery schedules, but these are not guaranteed by FDRL. FDRL is not liable for any damages or loss caused by delays. Shipper agrees that no time is fixed for the completion of transportation hereunder and that FDRL may substitute alternative carrier(s).
  25. Shipper hereby accepts all terms, conditions, and provisions referred to in FDRL’s Parcel Bill of Lading and the tariff(s), classifications, rates, regulations, and conditions of carriage of carrier, and the same shall be binding on Shipper, consignee, and owner of the goods of the Shipment.
  26. Shipper guarantees payment of collect charges and advances.
  27. Shipper shall indemnify and hold FDRL harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and the following warranties and representations:
    1. All information provided by Shipper or its representatives is complete and accurate;
    2. Shipper has protected the Shipments against unauthorized interference during preparation, storage, and transportation to FDRL;
    3. The Shipment is properly marked and addressed, and packed to ensure safe transportation with ordinary care in handling;
    4. All applicable customs, import, export, and other laws and regulations have been complied with; and
    5. The Bill of Lading has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of the Shipper.
  28. It is agreed that the liability of FDRL shall be limited in any event to the least of
    1. Fifty dollars ($50.00);
    2. The actual amount of loss or damage, or
    3. The actual value of the document or parcel contained in the Shipment.

    The “actual value” of a document or parcel means the cost of replacing or reconstructing the same and does not include and commercial utility or special value to the Shipper or any other person. If the Shipper does not request value protection, the Shipper assumes all risk of loss or damage, except as set forth herein. REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED A SHIPMENT’S REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

    FDRL assumes no liability whatsoever for direct damages (other than as set forth herein); for consequential damages of any kind, including without limitation, loss of income, profits, markets, interest, business opportunity, use of the goods; or any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts.

    Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. Any claim by the Shipper for loss or damage shall be notified in writing to FDR Logistics, 6555 S. Kenton St, Centennial, CO 80111. Notices shall be delivered by either personal delivery or mail. Documentation required to be submitted with each claim may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, final confirmation screen if online order with proof of payment, or other records. These documents must be verifiable to FDRL’s satisfaction. All claims for damage must be submitted within seven (7) days following delivery of the Shipment, and all claims for loss must be submitted within fourteen (14) days of the expected delivery date. Failure to adhere to the above-stated deadlines with regard to claim submission will result in total release of any FDRL liability. All of the original shipping cartons, packing, and contents must be made available for FDRL’s inspection and retained until the claim is fully resolved. FDRL is not obligated to act on any claim until all shipment charges have been paid. Only one claim can be filed in connection with any shipment. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Shipment. When FDRL resolves a claim by paying full value for a Shipment, FDRL reserves the right to pick up the contents of the Shipment for salvage, and all rights, title to, and interest in the contents of the Shipment shall vest with FDRL. Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage on the Parcel Bill of Lading or final delivery label is prima facie evidence that the Shipment was delivered in good condition.

  29. Shipper shall not assign any portion of this these Terms and Conditions to a third party without prior written consent of FDRL. It is specifically understood and agreed that FDRL shall have the right to assign or subcontract any portion of these Terms and Conditions to any of its subsidiaries, affiliated companies, or joint ventures without obtaining the consent of the Shipper. Any attempted assignment in violation of this section shall be void.
  30. Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the State of Colorado.
  31. The invalidity or unenforceability, of any provision herein shall not affect any other part of these Terms and Conditions.
  32. Limitations on Legal Actions
    1. Any right that Shipper might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief, or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package shall be extinguished unless you first comply with all applicable notice periods and requirements in these Terms and Conditions including, but not limited to, the periods and requirements for providing notice.
    2. Shipper and FDRL understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to Shipper’s right to any relief whatsoever, and Shipper must plead compliance with those conditions precedent on the face of any complaint that Shipper files against FDRL. Both Shipper and FDRL agree that FDRL cannot be considered to have breached any obligation to Shipper unless or until FDRL wrongfully denies a claim submitted to FDRL pursuant to the notice periods and requirements contained in these terms and conditions. Finally, Shipper and FDRL agree that Shipper will comply with applicable notice periods and requirements even if Shipper believes that such compliance will not result in relief from FDRL, or if Shipper lacks knowledge regarding whether such compliance will result in relief from FDRL.
    3. Shipper agrees that Shipper will not sue FDRL as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against FDRL. Nothing in this paragraph, however, limits Shipper’s rights to bring a lawsuit as an individual plaintiff.
    4. To the extent that any court finds that state rather than federal law applies to any provision of these Terms and Conditions, the controlling law is the substantive law of the state in which Shipper tendered your shipment to FDRL.
  33. Taxes and Duties
    1. All taxes and duties that are due will be charged to the recipient of the Shipment. The Shipper, by agreeing to these terms and conditions, is agreeing that they acknowledge this and agree that the taxes and duties charged can be charged to the recipient.
    2. The Shipper understands that FDRL in no way checks or validates the contents or the description of the contents provided by the customer for suitably of carriage or for importation.
    3. If the recipient refuses taxes and duties, the Shipper acknowledges that they will be responsible for the cost of returning or destroying the item, and that no refunds will be given whatsoever to the initial transport and postage costs.
    4. It is the Shipper’s responsibility to make sure all items are declared correctly and in full.
    5. Declaring goods incorrectly or failing to declare goods in the parcel is a criminal offense and FDRL will void the shipment and have no reasonability to any claims of any type if the Shipper contravenes this specific requirement.
    6. Any time taken for assessment of duties and taxes does not constitute part of the transit time.
    7. FDRL will not be liable for any taxes and/or duties whatsoever.
    8. Where there is a cost to preforming the clearance by the courier companies or postal administrations, these charges will be the responsibility of the recipient in full.
    9. It is the Shipper’s responsibility to make sure the goods of the Shipment meet the requirements of the border for the country they to which Shipment is being sent. Shipper agrees that they are fully aware of any taxes and duties that apply to that Shipment, and by agreeing to the terms and conditions explicitly agree that they are aware of the requirements, that they will not contravene any importation laws of that country, have confirmed that all goods in the package can legally be imported, and they have all necessary resources to enable the importation of the goods.
    10. The Shipper confirms that FDRL has no knowledge of the contents of their package, that FDRL has no knowledge of the regulations specific to the goods, and therefore cannot assist Shipper in any importation matters.
  34. Insurance - Shipment Insurance can be arranged for all deliveries arranged through the FDRL website, although some restrictions and limitations may apply.
    1. Such restrictions and limitations will be dependent upon the destination for and contents of the shipment. FDRL’s Shipment Insurance meets the general requirements for loss and damage to goods in transit. Protection is effective from the time FDRL has control or possession of the shipment and until the time of delivery. Physical loss or damage of goods is covered, subject to specific limitations and exclusions.
    2. Shipment Insurance covers items in transit worldwide, although temporary restrictions may apply from time to time as a consequence of, but not limited to, political, terrorist, nuclear, and war risks, or on the advice of government officials. It does not cover the following:
      1. delay;
      2. ordinary leakage;
      3. loss in weight or volume, or wear and tear of the shipment;
      4. loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the shipment;
      5. loss, damage or expense caused by inherent vice or nature of the shipment;
      6. loss, damage or expense attributable to the willful misconduct by the customer or its agents;
      7. loss, damage or expense caused by delay; or
      8. loss, damage or expense arising from the use of any atomic or nuclear weapon or radioactivity.
    3. Basis of loss settlement - Cover is limited to the value declared by the Shipper, replacement cost, invoice value, or actual cash value whichever is the lowest. Evidence may be requested to substantiate the declared value in the event of a claim.
    4. In the event of total loss of the Shipment, with Shipment Insurance, Shipper will also be entitled to a refund of the Shipment charge. In the event of a partial loss, Shipper will be entitled to a refund of the relevant proportion of the shipping charge.
    5. When more than one shipment that is covered is subject to loss or damage arising from a single event, the maximum aggregate compensation for all such shipments is limited to six-hundred dollars ($600.00).
    6. The Shipment Insurance program is not available for imports, exports, domestic transits or storage for the following countries:
      • Cuba
      • Iran
      • Myanmar
      • North Korea
      • North Sudan
      • Syria
      • Iraq
      • Afghanistan
  35. If Shipper wishes to make a claim, Shipper should notify FDRL as soon as is reasonably possible, but in any event, no later than thirty (30) calendar days from the date that FDRL accepts the relevant Shipment.
  36. In the event of delay in opening Shipments at the designated delivery address, and when a loss of or damage to the contents is discovered, any related claim must be received by FDRL in writing within seven (7) calendar days of the delivery date. It is the receiver’s responsibility to open any shipment that shows signs of damage immediately on arrival of Shipment at its delivery address.