The following shall be the policy and procedure in force for all work by White Angel Express (here identified as ‘WAX’), to be agreed-to by Shipper, Consignee and/or other financially- responsible parties.
Note: WAX shall NOT be responsible for ignorance of Shipper, Consignee, or other parties as to provisions of this policy, especially if due to its not having been read and understood by the same.
For the purposes of conducting WAX business, the following definitions shall be understood:
‘Responsible party’ = principal party, whether Shipper or Consignee, contractually responsible for payment of all fees due to WAX, including those billable in addition to original contract.
- ‘Shipper’ = principal party, and/or agent, responsible for initiating consignment, including loading, of cargo to WAX;
- ‘Consignee’ = principal party, and/or agent, responsible for receiving, including unloading, of cargo at place of delivery, for facilitating payments to WAX, and fo informing Shipper of satisfactory receipt of cargo;
- ‘WAX’ = principal party responsible for all work as contracted to White Angel eXpress including loading, securing cargo in vehicle(s), driving, navigating, adherence to traffic safe and applicable laws, fueling and maintenance of vehicle(s), public relations, unloading receiving payments, communication with Shipper and Consignee as concerns all of the above and all other tasks reasonably expected of and associated with the above;
- ‘consignment’ = that matter which is subject in the contract, representing an agreement to provide carriage service, the physical custody of which is temporarily assigned to WAX for its carriage, other movement, and/or safekeeping, according to terms of the contract, and consequently transferred to the Consignee, the legal possession of which, or intellectual rights to, at no time for the term of the contract shall belong to WAX, who remains but a carrier, legally and in effect;
- ‘cargo’ = physical form of the consignment. Contact with principals parties shall maintain in-phone records, or electronic logs, of texts, voicemail messages, and e- mails for term of contract.
Mobile-phone photographs of documents or evidence shall be exchanged via text message; text-message acknowledgment shall serve as due notification.
When text-messages are impractical (i.e., while driving), voice calls shall be placed and voicemail messages shall be left and attended as appropriate. WAX is not responsible for returning any unknown number if no substantive voicemail message or text message is left.
Responsible party shall notify WAX of all special loading or unloading arrangements prior to WAX dispatch to pickup site.
If such notice is found to be incomplete or inaccurate, WAX reserves right to propose alterations to contract, or to cancel contract in full, with no residual consequences.
Responsible party shall provide appropriate assistance for loading, such as forklift, engine hoist, etc., as nature of cargo may warrant.
Responsible party shall provide WAX with Consignee phone number; WAX shall make contact, at time of loading, to:
- Verify identity of receiving agent(s);
- Verify exact physical address of safe and legal place of delivery;
- Verify ETA and Consignee’s acknowledgment of fees pending;
- Provide ETA (via GPS);
- Ensure appropriate assistance shall be available for unloading.
Cargo shall NOT be loaded, secured, or carried until above has been effected in full.
WAX shall inspect consignment prior to loading, to:
- Verify nature of cargo, in general;
- Verify condition of cargo, to note preexisting damage, state of fragility, etc.
- Verify condition and appropriateness of packing material, if applicable;
- Ascertain means of securing cargo in/on vehicle.
WAX reserves right to decline to carry any cargo, propose alterations to contract, or to cancel contract in full, with no residual consequences, in lieu of loading, if any part of the consignment may present an insupportable liability financially, legally, to personal health and safety, or to the condition of WAX property and/or vehicle(s), or which may appear, or in fact be, impractical to unload to place of delivery with the assistance as offered.
WAX shall not accept responsibility for any undocumented or other damages to consignment from prior to its being loaded (FOB), and shall photograph cargo as-received, as-loaded, as- secured, prior to embarkation from pickup site. Such photos may be shared amongst WAX, Shipper, and Consignee, for documentation purposes.
Freight on board
A closed van door, connected trailer, tensioned cargo strap, or similar indication shall represent transfer of custody of consignment from Shipper to WAX (FOB), only after which shall WAX accept responsibility for consignment, taking all reasonable precautions to keep cargo secure and to convey it to Consignee expediently, and after which WAX may deny Shipper or any other party visual or physical access to said consignment.
WAX shall follow safest, most efficient routes, shall make no unnecessary or inordinate stops, and shall not leave cargo unattended or unsecured. However WAX shall not be held liable for unforeseen delays or stoppages, effects of weather, acts of God, or crimes against humanity.
Any substantive delays or stoppages shall be attended with prompt notification to Consignee via text message, phone conversation, or voicemail message.
WAX shall carry, or responsibly cause to be carried, said cargo to ONLY Consignee and to ONLY contractually agreed-upon place of delivery. Any changes proposed to place of delivery by responsible party, after initial consignment (FOB), shall be submitted via e-mail, with concurrent text-message notification, and shall be shared with WAX and Consignee. Absent this notification, WAX shall continue to originally-agreed place of delivery.
Upon submitting change to contract, responsible party shall assume all related consequences, including to billable value and terms of contract, with no residual consequences for WAX.
WAX reserves right to cancel contract in full, with no residual consequences, if any changes to contract after initial engagement (FOB) may augur unsafe, impractical, ethically-questionable, or uneconomical to WAX.
Upon arrival at place of delivery, WAX shall first notify responsible party, who shall:
- Acknowledge arrival of cargo;
- Facilitate inspection, as FOB, security and condition of consignment;
- Acknowledge and respond promptly, as agreed, with remittance of all fees due, in full;
- Facilitate prompt unloading assistance, as agreed at time of loading.
Payment of carriage and associated fees, in full, shall represent transfer of custody of consignment from WAX to Consignee, only after which shall cargo be unloaded or moved.
Upon Consignee’s suspicion of any damages, WAX and responsible party shall compare current state of cargo to photos of cargo as-received, as-loaded, as-secured, prior to embarkation from pickup site. If clear evidence is present that damage has occurred while cargo was FOB, WAX and responsible party shall immediately notify insurance carrier(s) and initiate remedy.
Extracontractual claims for damages should be negotiated between underwriters and principals beyond time and place of contract. WAX shall NOT be inordinately detained, such as in wait for responsible party’s and/or underwriters’ response, without such wait time being billable to responsible party.
WAX shall NOT be held responsible for damages to consignment alleged by non-principals or in future (after close of contract).
WAX shall NOT be held liable, except by explicit and specific terms particular to a given contract, for any value of consignment beyond the terms or value of contract. Responsible party is advised to secure appropriate insurance coverage as they deem fittest, at their own expense.
WAX shall carry appropriate insurance to cover personal liability for damages to consignment when such damages can be clearly and reasonably attributed to error or accident on the part of WAX. This coverage shall be limited to that contained within terms of a nominal personal-use vehicle policy for a driver’s responsibility for passengers and their effects.
Upon completion of work by WAX, as contracted by responsible party, contract value shall be paid in full as invoice. Acceptable methods of payment shall be, in priority order
- PayPal (REQUIRED for all third-party/subcontract work, HaulTail, uShip, et al);
- Cash (USD), ONLY if attended by written receipt;
- Money order in exact amount, of timely date;
- Company check (ONLY for established commercial accounts).
The following are NOT acceptable:
- Personal or other checks;
- Credit cards, debit cards, or other ‘plastic’;
- EFT into WAX staff bank account;
Remittance shall be made in one method only, for full outstanding value of invoice. WAX shall NOT be expected to renegotiate terms or value of invoice, to accept alternative or multiple means of payment, or to exchange one means for another, in any way, including making change in cash. WAX shall NOT be inordinately detained, such as in wait for unprepared payment, without such wait time being billable to responsible party.
In the event of responsible party’s failure to pay promptly, WAX shall consider contract in default, upon which WAX may disavow all further responsibility for security or carriage of consignment, or its value, and reserves right to deny access to cargo, and/or to relocate cargo, awaiting responsible party’s satisfaction of outstanding invoice. In addition, WAX reserves right to take prompt and ethical action to recover losses, including values of wait time, fuel costs, storage fees, lodging and meals, and real and residual damages, by means of, but not limited to, civil or criminal legal action, police involvement, and media reviews and reports.
Upon unsatisfied invoices of 30 (calendar) days, an abandoned cargo, or legal lien against same, shall devolve to property of WAX, who may dispose of such at leisure and pleasure, with no residual consequences.
Close of contract
Contract shall be considered closed when appropriate remittance has been made, at which time principals shall exchange text messages or e-mails to such effect.
Upon full satisfaction of contract, Shipper and/or responsible party shall part ways entirely with WAX with no residual consequences.
WAX shall continually endeavor, according to circumstances, to secure further contracts of work, and reserves right to continually seek contracts from existing or prospective parties, even while fulfilling a current contract, even if such parties may be business competitors of Shipper and/or Consignee, so long as such poses no professional conflict.
Prospect of additional WAX jobs, for responsible party, shall not affect terms or value of current contract. However fees such as for wait times at place of delivery may (or may not) be waived in expectation of a timely consignment, for same party, under separate contract, auguring some benefit to WAX.
WAX acknowledges NO restrictions, proposed or implied, by any party, as to nature of work, clients, projects, locations, or time periods, effectively unrelated to current contracts, which WAX may consider, refer, accept, or decline.
By virtue of entering into a contract with WAX, in the absence of any extenuating conditions or clauses, responsible party shall acknowledge this policy, in full, for the term of said contract.
Revised & effective on 15 October 2021
J Cherubini II, t.a. WHITE ANGEL EXPRESS
tel./text: 609 424 7050
WAX carriage policy - rev. 2020.12.08