LOCAL PICK-UP TERMS AND CONDITIONS
IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS (AND OTHER REPRESENTATIVE) ACTIONS. THESE TERMS, TOGETHER WITHOTHER PROVISIONS IN THIS AGREEMENT, MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
1.Parties; Acceptance; Effective Date
1.1 Company. These Local Pick-Up Terms and Conditions («this Agreement») are provided by DATT Express Service, LLC, an Illinois limited liability company, with its principal place of business at 650 W Grand Ave, Elmhurst, IL 60126 («Company»). Company is part of the DATT Express Corporation network.References to Company, we, us, or our include Company and its parent(s), subsidiary(ies), affiliate(s), related entities, franchisees, partners, contractors, agents, and each of their respective owners, officers, directors, managers, members, employees, representatives, and insurers (collectively, the «DATT Parties»).
1.2 Customer. You («Customer», you, or your) are the individual or entity requesting and/or using local pick-up services under this Agreement.1.3 Acceptance; No Signatures. This Agreement is an online agreement posted at https://dattexpress.com/en/ («Website»). You accept and agree to be bound by this Agreement by any of the following: (a) requesting local pick-up; (b) scheduling a pick-up (including by phone, message, email, online request, or through any ordering link or system); (c) tendering items for pick-up; or (d) otherwise using the local pick-up service.
1.4 Effective Date; Term; Renewal. The effective date of this Agreement is the date you first accept it as described in Section 1.3 («Effective Date»). The initial term begins on the Effective Date and continues for one (1) year («Initial Term»). This Agreement automatically renews for successive one (1) year terms unless terminated in accordance with this Agreement (each a «Renewal Term», and together with the Initial Term, the «Term»).
2.Scope of Local Pick-Up Service
2.1 Service Description. Company will, when available, provide local pick-up of Customer’s properly packaged shipment(s) from a pick-up location designated by Customer within the Service Area (defined below) and transport them to a DATT location or other designated nearby facility for intake/processing («Local Pick-Up Service»).
2.2 Service Area; Eligibility. The Local Pick-Up Service is offered only if the pick-up location is within twenty-five (25) miles of a Company location («Service Area»), and only where Company has capacity andavailability. Company may require proof of address/location and may verify distance by mapping tools.
2.3 No Guaranteed Availability; Working Hours. The Local Pick-Up Service is provided during reasonable working hours as determined by Company and may be unavailable at certain times, on certain dates, in certain areas, or for certain shipments. Estimated pick-up windows are not guaranteed. If Company misses a scheduled pick-up or arrives late, Company may reschedule the pick-up, with or without notice. Any notice may be provided by email, phone, text message, or any other similar method. No credits or refunds will be provided due to any missed or late pick-up, to the maximum extent permitted by law.
2.4 Company Discretion to Deny or Refuse Service. Company may, in its sole discretion, deny, refuse, suspend, postpone, or discontinue the Local Pick-Up Service (in whole or in part) for any reason or no reason, including based on safety, access, route feasibility, staffing, weather, compliance concerns,
suspected prohibited items, non-payment, prior disputes, or other operational considerations. Company’s decision is final.
2.5 Not a Carrier; No Carriage Undertaking. Customer acknowledges and agrees that Company is not acting as a carrier, freight forwarder, NVOCC, broker, or motor carrier solely by providing the Local Pick-Up Service. Company’s Local Pick-Up Service is a convenience service to assist Customer with moving Customer’s packed items from the pick-up location to a nearby facility for intake/processing by a carrier orother transportation provider (which may be Cargo Connect Forwarding, LLC, FCL Express LLC, Fletex Inc, another DATT Party, or another carrier/partner/contractor) under separate terms and conditions. The applicable carrier or transportation provider (not Company) will provide any bill of lading and any carrier invoices and receipts for the end shipment. ANY TRANSPORTATION BEYOND THE LOCAL MOVEMENT PERFORMED AS PART OF THE LOCAL PICK-UP SERVICE IS GOVERNED BY THE APPLICABLE SHIPPER-CARRIER OR TRANSPORTATION TERMS, NOT THIS AGREEMENT.
3.Relationship to Other Terms; Prohibited Items
3.1 Other Terms Incorporated by Reference. Customer’s shipment(s) may be subject to additional terms and conditions, including shipper-carrier terms, tariffs, service guides, and prohibited items lists posted onthe Website or otherwise made available by the DATT Parties and/or the applicable carrier(s) («Other Terms»). The Other Terms may be modified from time to time. If there is a conflict between this Agreement and the Other Terms regarding the Local Pick-Up Service only, this Agreement controls; otherwise, the applicable Other Terms control.
3.2 Prohibited Items. Customer will not tender, and Company will not knowingly pick up, any prohibited or restricted item(s) identified in the Other Terms or on the Website, as modified from time to time («Prohibited Items»). Prohibited Items include (by way of example and without limitation) hazardous materials, illegal goods, contraband, firearms and ammunition, controlled substances, perishable items (unless expressly accepted in writing), items requiring special handling not arranged in advance, and any item the pickup may be unsafe or unlawful to handle or transport.
3.3 Right to Inspect; Refusal; Handling. Company may request information about, visually inspect, and/or refuse any item(s) at pick-up. Company has no duty to inspect, and any inspection does not reduce Customer’s responsibility for compliance. Company may take photographs of the item(s) and/or packaging prior to pick-up and at the intake/processing facility, and Customer consents to such photographs for documentation, operational, and dispute-resolution purposes. If Company suspects Prohibited Items, unsafe conditions, or non-compliance, Company may refuse service, stop service mid-route, and/or return items to the pick-up location (if feasible) or deliver to an appropriate facility or authority, in each case at Customer’s expense and risk where permitted by law.
3.4 Compliance With Law. Customer will comply with all applicable laws and regulations, including packaging, labeling, export/import, and sanctions laws (as applicable), and will not use the Local Pick-Up Service for any unlawful purpose.
4.Customer Responsibilities; Access; Packaging
4.1 Accurate Information. Customer will provide complete and accurate pick-up location details, contact information, instructions, and any access codes. Company may rely on information Customer provides, and/or may request additional information to verify.
4.2 Access and Safety. Customer is responsible for providing safe, lawful, and unobstructed access to thepick-up location, including parking/loading access and reasonable assistance for entry where needed. Company may refuse service if access is unsafe, impractical, or unlawful.
4.3 Packing and Labeling. Customer is solely responsible for properly packing, sealing, and labeling all
shipment(s) before pick-up. Company is not responsible for packing adequacy, internal cushioning, sealing, or item condition. If any label is missing or incorrect, if any box is damaged, or if Company or the applicable carrier determines that any item is not acceptable for pick-up or intake/processing, Company and/or the carrier may deny or refuse the item(s). In that event, Customer will be notified and must promptly retrieve the item(s) or box(es) from Company or the applicable facility, at Customer’s expense and risk, to the maximum extent permitted by law. If Customer fails to retrieve the item(s) or box(es) withinthirty (30) days after such notice, Company may dispose of the item(s) or box(es) in its discretion, to the maximum extent permitted by law. Company may sell boxes and packing materials, but any sale does notconstitute a warranty of suitability for any particular item.
4.4 Ready for Pick-Up. Customer will have items ready at the scheduled time and in a location reasonablyaccessible for pickup. Waiting time, rescheduling, failed pick-ups, additional stops, stairs/elevators, oversized items, or special handling may incur additional fees or refusal.
4.5 No Bailment; Limited Custody. Customer acknowledges that Company’s possession of items is limitedto performing the Local Pick-Up Service and does not create a bailment beyond the limited duties expressly stated in this Agreement, to the maximum extent permitted by law. Pick-up is deemed completed when the item(s) are loaded onto Company’s truck or van. Delivery for purposes of the Local Pick-Up Service is deemed completed when the item(s) are dropped off at the intake/processing facility.
5.Fees; Payment; Taxes
5.1 Fees. Customer will pay the fee(s) quoted or published for the Local Pick-Up Service («Fees»). Fees may vary based on distance, time, item count, weight/size, access conditions, and other operational factors. If Company provides Customer a specific quote for a Local Pick-Up Service, the fee set forth in that quote will apply to that Local Pick-Up Service notwithstanding any fee posted in this Agreement or onthe Website. Company may change Fees at any time by updating the Website or otherwise providing notice. Fees for the Local Pick-Up Service are earned upon performance of the Local Pick-Up Service and are not contingent on any end shipment being accepted, tendered, or transported by any carrier or other transportation provider.
5.2 Payment Authorization. Customer authorizes the Datt Parties (and any payment processor) to charge Fees and applicable taxes to the payment method on file or otherwise provided. Any of the DATT Parties may invoice for and collect the Fees for the Local Pick-Up Service. Payment must be made within five (5) days of receipt of the applicable invoice or when payment is due for the end shipment, whichever is later; provided, however, that if there is no end shipment, payment is due within five (5) days after pick-up. If payment fails, Company may refuse or suspend service.
5.3 Taxes. Customer is responsible for all applicable sales, use, excise, value-added, or similar taxes associated with the Local Pick-Up Service, excluding taxes on Company’s net income.
5.4 No Setoff; No Deductions; Disputed Charges. Customer will pay all amounts due in full, without setoff,deduction, withholding, or reduction for any reason (including any counterclaim or alleged breach by Company), except to the extent prohibited by applicable law. Customer may submit good-faith disputes regarding Fees in writing in accordance with the Notices and Dispute provisions of this Agreement; however, Customer must timely pay all undisputed amounts when due. Customer will not initiate or support any chargeback, reversal, or payment dispute with any card issuer, bank, or payment provider for amounts properly due under this Agreement, except to the extent required or expressly permitted by applicable law.
6.Limited Liability; Disclaimer of Warranties
6.1 Limitation of Liability (Cap). TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF THE DATT PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE LOCAL PICK-UP SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC LOCAL PICK-UP SERVICEGIVING RISE TO THE CLAIM («LIABILITY CAP»).
6.2 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY DATT PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, OR DIMINUTION IN VALUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 No Liability for Certain Losses. WITHOUT LIMITING SECTION 6.1 OR 6.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATT PARTIES WILL NOT BE LIABLE FOR LOSS, DAMAGE, DELAY, THEFT, MISDELIVERY, OR NON-PICKUP ARISING OUT OF OR RELATING TO: (a) CUSTOMER’S PACKAGING, SEALING, OR LABELING; (b) ITEMS LEFT UNATTENDED BEFORE OR AFTER PICK-UP; (c) CUSTOMER’S FAILURE TO PROVIDE ACCESS OR ACCURATE INSTRUCTIONS; (d) PROHIBITED ITEMS OR MISDECLARATIONS; (e) ACTS OR OMISSIONS OF THIRD PARTIES (INCLUDING BUILDING STAFF, SECURITY, OR OTHER CARRIERS); (f) WEATHER, ROAD CONDITIONS, TRAFFIC, OR ROUTE CHANGES; (g) FORCE MAJEURE EVENTS; OR (h) CUSTOMER’S BREACH OF THIS AGREEMENT OR ANY OTHER TERMS.
6.4 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LOCAL PICK-UPSERVICE IS PROVIDED AS IS AND AS AVAILABLE. THE DATT PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTYARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
6.5 Allocation of Risk. Customer acknowledges that the Fees reflect the risk allocation and limitations in this Agreement, and that Company would not provide the Local Pick-Up Service without these limitations.
7.Indemnification
7.1 Customer Indemnity. To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless the DATT Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, damages, judgments, penalties, fines, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) Customer’s items and/or shipment(s), including their content, condition, packaging, labeling, and any alleged loss, damage, injury, contamination, or hazard; (b) any Prohibited Items, restricted items, or misdeclarations; (c) Customer’s breach of this Agreement or any Other Terms; (d) Customer’s violation of any law or regulation; (e) any personal injury (including death) or property damage occurring at or related to the pick-up location, exceptto the extent caused by a DATT Party’s gross negligence or willful misconduct as finally determined by the arbitrator; (f) any claim by a third party (including the recipient, building management, neighbors, or governmental authorities) relating to the items, the pick-up, access, or conduct at the pick-up location; and(g) any taxes, duties, penalties, or charges attributable to Customer’s items or declarations.
7.2 Company Indemnity. To the maximum extent permitted by law, Company will indemnify Customer from and against third-party claims for bodily injury or tangible property damage to the extent caused by Company’s negligence in performing the Local Pick-Up Service, provided that Company’s total liability for all such claims is subject to the Liability Cap. Company has no indemnity obligation for any claim to the extent arising from Customer’s acts or omissions, packaging, Prohibited Items, unsafe conditions at the pick-up location, or Customer’s breach of this Agreement.
7.3 Indemnification Process. The indemnified party will provide prompt notice of the claim (but delay does not relieve obligations except to the extent materially prejudiced), allow the indemnifying party to control
the defense and settlement, and reasonably cooperate. The indemnifying party may not settle any claim that imposes non-monetary obligations or admissions on the indemnified party without the indemnified party’s prior consent.
8.Mandatory Arbitration; Class Action Waiver; Governing Law
8.1 Agreement to Arbitrate. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.6, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE LOCAL PICK-UP SERVICE, THE FEES, MARKETING, COMMUNICATIONS, OR THE RELATIONSHIP BETWEEN CUSTOMER AND ANY DATT PARTY («DISPUTE») WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN COURT.8.2 Arbitration Administrator; Rules. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICANARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES OR COMMERCIAL ARBITRATION RULES (AS APPLICABLE BASED ON THE NATURE OF THE CUSTOMER), AS MODIFIED BY THIS AGREEMENT. THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG.
8.3 Seat; Location; Hearing Format. The seat of arbitration will be Webb County, Texas, unless both parties agree otherwise. The arbitrator may conduct proceedings by video, telephone, written submissions, or in-person, in the arbitrator’s discretion.
8.4 Arbitrator Authority. The arbitrator will have exclusive authority to resolve all issues relating to the Dispute, including the scope, enforceability, and arbitrability of this arbitration agreement, except that a court of competent jurisdiction may decide whether a claim is subject to the class action waiver in Section 8.5. The arbitrator may award any relief available in an individual action, subject to the limitations in this Agreement.
8.5 Class Action Waiver. CUSTOMER AND THE DATT PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
8.6 Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court if the claim qualifies and remains in that court. The DATT Parties may also seek temporary or preliminary injunctive relief in court to protect confidential information, prevent misuse of the Website, address safety risks, or enforce intellectual property rights, pending the outcome of arbitration.
8.7 Governing Law. This Agreement and any Dispute will be governed by the Federal Arbitration Act (for arbitration issues) and, for all other matters, the laws of the State of Texas, without regard to its conflict of laws principles.
8.8 Time Limit. To the maximum extent permitted by law, any Dispute must be filed within one (1) year after the Dispute arises, otherwise it is permanently barred.
9.Notices; Contact
9.1 Notices to Company. All notices to Company under this Agreement must be in writing and delivered by (a) email to ceo@dattexpress.com, and (b) certified mail or nationally recognized overnight courier to: DATT Express Service, LLC, 650 W Grand Ave, Elmhurst, IL 60126, Attn: Legal/Disputes (or to any updated notice address posted on the Website). An additional copy must be sent to GTM Law Group, LLC., at 1211 W 22nd St, Suite 110, Oak Brook, IL 60523 with an email of dispute@gtmlawgroup.com.
9.2 Notices to Customer. Company may provide notices to Customer by email, text message, account message, Website posting, or other reasonable method using the contact information Customer provided,and such notice will be effective when sent or posted.
9.3 Deemed Receipt. Email notices are deemed received when sent (without regard to automated responses). Courier and mail notices are deemed received on delivery confirmation or refusal.
10.Updates to These Terms
10.1 Changes. Company may amend this Agreement at any time by posting an updated version on the Website or otherwise providing notice. The updated version will be effective as of the time it is posted (or as otherwise stated).
10.2 Continued Use. By continuing to request or use the Local Pick-Up Service after the effective date of any update, Customer accepts the updated Agreement. If Customer does not agree, Customer must stop using the Local Pick-Up Service.
11.Termination; Suspension
11.1 Customer Termination. Customer may terminate this Agreement by providing Company at least sixty(60) days’ prior written notice in accordance with Section 9. Customer remains responsible for all Fees and obligations incurred before the effective termination date.
11.2 Company Termination; Suspension. Company may terminate this Agreement, or suspend or discontinue the Local Pick-Up Service, immediately upon notice (or without notice where permitted by law), in Company’s sole discretion.
11.3 Effect of Termination. Upon termination, Customer must stop requesting Local Pick-Up Service. Sections that by their nature should survive will survive, including Sections 6 (Limited Liability; Disclaimer of Warranties), 7 (Indemnification), 8 (Mandatory Arbitration; Class Action Waiver; Governing Law), 9 (Notices), 10 (Updates), 11.3 (Effect of Termination), and 12 (Miscellaneous).
12.Miscellaneous
12.1 Force Majeure. Company is not liable for any failure or delay in performance caused by events beyond Company’s reasonable control, including severe weather, natural disasters, labor disruptions, supply shortages, power/internet outages, governmental actions, civil unrest, terrorism, pandemics, or transportation network disruptions.
12.2 Assignment. Customer may not assign this Agreement or any rights or obligations without Company’s prior written consent. Company may assign this Agreement freely, including to any DATT Party or successor.
12.3 Waiver; Severability. A waiver must be in writing to be effective. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
12.4 Entire Agreement. This Agreement (together with the Other Terms incorporated by reference) is the entire agreement regarding the Local Pick-Up Service and supersedes all prior or contemporaneous communications on that subject.
12.5 No Third-Party Beneficiaries. Except for the DATT Parties as expressly covered in this Agreement, there are no third-party beneficiaries.
12.6 No Reliance. Customer acknowledges it has not relied on any statement, promise, or representation not expressly stated in this Agreement.
12.7 Headings. Headings are for convenience only and do not affect interpretation.
12.8 Electronic Records. Customer agrees that Company may maintain records of acceptance and transactions electronically, and such records will be admissible to the fullest extent permitted by law.
12.9 Language. This Agreement is drafted in English, which will control in the event of any translation.
12.10 No Agency. Customer acknowledges and agrees that, in providing the Local Pick-Up Service, neither Company nor any DATT Party is acting as an agent (actual, apparent, or otherwise) for any carrier, transportation provider, warehouse, intake/processing facility, or other third party. No third party is authorized to make any representation, commitment, or promise on behalf of Company or any DATT Party, and neither Company nor any DATT Party assumes responsibility for any act or omission of any such third party. Any carrier or other third-party services are provided under separate terms and conditions between Customer and the applicable third party.
END OF LOCAL PICK-UP TERMS AND CONDITIONS’