Terms of service.

EcoShip Terms of Service

Last revised: January 23, 2024

1. Services: During the term of this Agreement, EcoShip agrees to provide distribution and warehousing services for Client at its climate-controlled warehouse facility. In providing such services, EcoShip will be considered a warehouseman as described in Article 7 of the Uniform Commercial Code (“UCC”), and is entitled to all rights and subjects to all obligations described therein. EcoShip shall have the sole discretion to select the area within such facility to store Client’s merchandise (the “Goods”), and may, without notice, move the Goods within the facility or to another facility of a similar or better nature controlled by EcoShip.

2. Liability Limitation: In the event of product damage or loss resulting from failure of EcoShip to exercise care while inventory is located in their facility, EcoShip will compensate client for damages of up to $10,000. EcoShip limits its damage liability to the actual product value (manufacturers’ Cost of the Goods) up to $10,000. Any damage and loss that is not a result of EcoShip’s error or negligence (e.g. fire, water damage) is covered up to $10,000. Flood insurance is not provided. EcoShip shall not be liable for any loss or damage that occurs to the Goods before reaching the EcoShip facility, or after the Goods are shipped and have left the EcoShip facility. Client is not liable for any injuries or property damage related to warehousing or shipping products. Payment for loss or damage of goods will be made within 30 days. While every effort is made to keep inventory numbers correct, it is understood that minor inventory discrepancies may occur, and do not constitute “loss” or liability, as they may be due to clerical error or incorrect reporting of incoming inventory.

3. Pricing: Refer to agreed upon contract pricing.

4. Payment Terms: All payments shall be made within fifteen (15) days after Client receives the EcoShip invoice. Payments not received within fifteen (15) days from receipt of invoice shall constitute default. Postage will be billed as a metered wallet system. Payments not received within 3 days of bill will be considered in default. Accounts in default shall have shipping suspended until account is paid in full.

5. Timing of receipt: EcoShip agrees to receive all goods within three (3) business days of arrival during non-peak season. During peak (Thanksgiving to Christmas) EcoShip agrees to receive all goods within 2 weeks of arrival.

6. Timing of shipments: EcoShip agrees to ship all orders within three (3) business days of receipt of order during non-peak season (Thanksgiving to Christmas), to all orders that can be fulfilled in their entirety. During peak season (Thanksgiving to Christmas), EcoShip agrees to ship all orders within seven (7) business days of receipt of order. With exceptions only for fire, flood, acts of God, equipment failure, or extreme weather delays. Orders only able to be partially fulfilled will be sent or held at Client’s discretion.

7. Title: EcoShip shall not permit any lien or other encumbrance, to be placed against the goods while they are in EcoShip’s possession, unless Client’s account is in default for more than 60 days. Title to the goods shall remain with Client.