Bluegrass Express ("BGS") is a logistics company. It arranges for the transportation of shipments with couriers and motor carriers and other service providers to meet your needs. It takes great pride in providing quality logistics services, using couriers and transportation service providers. However, BGS is not responsible for any damage to, loss or delay of any shipment or the acts of third parties. The following terms and conditions apply to services provided by BGS.
These Terms and Conditions of Service (Service Guide) and any addendums or supplements supersede all previous Service Guides and other prior statements concerning the conditions of BGS' services to which it applies. BGS reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, Tariff, and Terms and Conditions in this Service Guide applicable to all customers without notice.
All modifications, amendments or supplements may only be authorized by an officer of BGS or successor positions, but no other agent or employee of BGS (nor any other person or party) is authorized to do so. This restriction in modification does not apply to a modification applicable to a single customer and included in a BGS' Sales or Customer Automation Agreement. To the extent a conflict exists between a BGS' Sales or Customer Agreement and these Terms and Conditions, the BGS' Sales or Customer Agreement controls, provided the BGS' Sales or Customer Agreement is in writing and signed by both the customer and an officer of BGS.
Rate and service quotations by BGS' employees and agents are based upon information provided by YOU. Final rates and services, however, may vary based upon the application of these terms and conditions and this Service Guide.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
For transactions other than "Bill Sender", you must pay by check, money order or credit card. Payment is required when you give us your package/shipment.
"Bill Recipient" transactions, packages/shipments can be tendered without payment. However, in order for the package/shipment to be delivered, the recipient must give a valid form of payment prior to delivery. If the recipient refuses to pay, the sender will be responsible for all charges. Alternatively, the package/shipment may be processed as an "undeliverable" item. (See Undeliverable Packages for more details.)
For customers utilizing our online system, only "Bill Sender" service is available. For "Bill Recipient" or "Bill Third Party" transactions, please call Customer Service.
Account numbers are issued by BGS and are not transferable. Misuse, including unauthorized consolidation of packages/shipments owned by different parties, may result in a loss of all discounts and/or discontinuance of service. Discounts applicable to an account number of a business are not available to employees of the business utilizing check or credit card for payment.
All requests for account numbers are subject to credit investigation and verification by BGS. If BGS establishes a credit limit, all items are due and payable as stated on the invoice. BGS will refuse any account and/or terminate any account if business status and/or the business being in good standing cannot be confirmed with the State/Commonwealth or Territory. We do not offer consumer credit privileges.
The party to whom BGS' account number is issued is liable for all charges to the account. The account holder is responsible for the safekeeping of the account number and should release the number only to those people who are authorized to ship on the account. The account holder bears the risk of all unauthorized use of the account holder's BGS account number. We may apply payments made on your account to any unpaid invoices issued to your account.
You must use your BGS account to obtain any applicable discount. Your use of the account number constitutes your agreement that all packages shipped on your account shall be subject to the BGS' Terms and Conditions, as modified, amended or supplemented.
NOTE: BGS may provide trade credit information on any of our account holders to credit bureaus. BGS account numbers are subject to credit investigation and verification by BGS.
The Service and its original content, features and functionality are and will remain the exclusive property of BGS and its licensors.
If a recipient's address is incomplete or incorrect, we may attempt to find the correct address and try to complete the delivery. However, we assume no responsibility for our inability to complete delivery under such circumstances. Use of P.O. Box numbers, P.O. Box ZIP codes or incorrect ZIP codes, omission of suite numbers, apartment numbers or the use of old street addresses for recipients who have relocated, are examples of addresses requiring corrections. We will not be liable for failing to meet our delivery commitment for any shipment with an incomplete or incorrect address. (See Undeliverable Packages for more details.) An additional fee will be assessed for shipments that are re-delivered.
- The limit of the liability of BGS shall be $100.00. All Notice of Claims for which you are seeking more than $100, must be in writing. All such claims must be made within the time limits set forth below. Notice of Claims seeking $100 or less need not be in writing, provided you call the claim into us and obtain confirmation. All such claims must be made within the time limits set forth below.
- We must receive Notice of Claim due to damage, delay or shortage - including perishable and spoilage damage claims, due to late or delayed delivery or failure to properly collect or deliver a C.O.D. payment instrument - within 10 days after delivery of the shipment.
- We must receive notice of all other claims - including, but not limited to - nondelivery or misdelivery within 15 days after we accept the shipment.
- Your Notice of Claim must include complete shipper and recipient information, as well as the job or package tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs 1 through 5, will result in your claim being denied and are prerequisites to any legal cause of action against us. Should you elect to submit a claim by telephone, you agree that our records are the sole record as to whether timely notice was provided.
- Written documentation of all claims must be delivered to us within 30 days after we receive notification in accordance with paragraphs 1 through 5 above. Such documentation may include: original purchase invoices, estimates or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction. We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance.
- All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.
- Except as provided in the paragraph below, receipt of the shipment by the recipient - without written notice of damage on the delivery manifest - is prima facie evidence that the shipment was delivered in good condition. As a condition to our considering any claim, all the original shipping cartons, packing (inner and outer) and contents must be made available for our inspection.
- In the case of a claim for concealed damage which is not discovered at the time of delivery, the sender or recipient must notify us as promptly as possible after the discovery of the damage - and in any event - no later than 7 days after the date of the delivery. In any event, the original shipping cartons, packing, and contents must be made available for our inspection.
- The right to damages against us under any cause of action arising from the transportation of packages pursuant to this guide shall be extinguished unless an action is brought within one year from the date of delivery or from the date which the shipment should have been delivered.
- You and Bluegrass Express agree that in event of disputes or controversies as to the adequacy of packing or cause of physical damage to a shipment, such disputes or controversies shall be submitted to the arbitration of three competent persons - one appointed by each party and the third to be appointed by the other two, whose award shall be conclusive and binding on both parties. The rules and procedures for any such arbitration may be set by agreement of the parties. However, in the event that the parties are unable to agree, the arbitrators shall have authority to establish reasonable rules and procedures. Said arbitrators shall not have the authority or power to modify or alter any express condition or provision of this agreement - including those pertaining to limits of liability - or to render an award that by its terms has the effect of altering or modifying any express condition or provision of this agreement. No suit at law or in equity based on any dispute or controversy subject to arbitration under this agreement shall be instituted by either party, except to enforce the award of the arbitration. Failure by Bluegrass Express to invoke this section, in any case, is not a waiver of the terms of this section. Each party shall bear its own arbitration costs.
- You agree that you will not sue as a class plaintiff or class representative, join a class as a member, or participate as an adverse party in any way in a class action lawsuit against us. However, nothing in this paragraph limits your right to bring a lawsuit as an individual plaintiff.
- FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS MAY RESULT IN THE DENIAL OF A CLAIM.
- Only one claim can be filed in connection with a shipment. Payment of a claim shall extinguish any right to recover in connection with a shipment.
- We reserve the option to pick up salvage on damaged claims when we pay full value.
- Written claims must be sent (via the United States Postal Service, or e-mail) to:
Attn: Claims Department
1301 Winchester Road
Lexington, KY 40505
Refusal or Rejection of Shipments
We reserve the right to refuse, hold or return a shipment for any reason, including the following instances:
- The package/shipment could cause damage to other packages/shipments, equipment or personnel or is likely to sustain damage or loss of content during transit, as solely determined by BGS.
- The carriage of the package/shipment may be prohibited by law or may violate any of the Terms and Conditions in this Service Guide, as amended from time to time.
- The acceptance of the package/shipment may jeopardize the provision of service to other customers, as solely determined by BGS.
An "undeliverable" package is one that cannot be delivered for any of the following reasons:
- The sender cancels a delivery after the driver has been dispatched to the origin address.
- The package is not ready for pick up at the origin.
- The sender does not make the package available for the delivery driver upon pick up.
- The sender cancels delivery upon arrival by the delivery driver.
- The recipient refuses to pay for a "Bill Recipient" package when the recipient does not have a BGS account number.
- The recipient of a "Hold For Pick-Up" package cannot be located.
- The recipient's address cannot be located.
- The package was destined for an out-of-delivery location and cannot be forwarded.
- The package's content or packaging is damaged to the point where re-wrapping is not possible.
- The package is unable to clear Customs.
- The package is likely to cause damage or delay to other packages, equipment or personnel.
- The package delivery or carriage is prohibited by law, statute, regulation of a country of origin or destination, or a country through which the package may transit.
- The recipient's place of business is closed.
- The recipient is not at a delivery location on the initial delivery attempt or reattempts.
- The package was improperly packaged for blood or diagnostic specimen contents.
A refused package can also be a shipment that the recipient does not accept. When feasible, we will contact the sender for instructions on returning or otherwise disposing of the package. If the sender requests a return, shipping will be charged to the sender for the return package subject to the specified service type. Packages refused (not related to service failure) as a result of being damaged, failure of the recipient to accept shipping charges, and so forth, may be returned to sender, as the sender chooses.
If a package is undeliverable for any reason, we will attempt to notify the shipper to arrange for the package's return. The charges associated with the original shipment remain due and payable within. If a package is marked "Bill Recipient" and is refused or returned to the sender, the billing is automatically changed to "Bill Sender".
If a recipient refuses a freight package, it immediately becomes "undeliverable". If a freight package is marked "Bill Recipient" and is refused or returned to the sender, the billing is automatically changed to "Bill Sender". Our Guarantee Policy does not apply to "undeliverable" or returned packages.
If a package cannot be delivered or returned, the package may be transferred or disposed of by Bluegrass Express at its sole discretion - with or without notice - and the shipper (if known) agrees to pay any costs incurred in the disposal (if any).
We reserve the right to assess fuel and other surcharges on packages/shipments without notice. The duration of any such surcharge will be determined solely at the discretion of BGS.
We calculate fuel surcharges by comparing AAA National Average with that of the Commonwealth of Kentucky, the Commonwealth of Virginia, or the State of West Virginia. If the national average is more, the national average will appear as a fuel surcharge.
Example: The National Average: $2.818. The Statewide Average: $2.734. The difference is $0.084. If BGS delivers a package 40 miles away, the fuel surcharge would only be: $3.36 TOTAL, not per mile!
We are very transparent, we don't believe in "hidden charges."
Privacy & Security
We realize that privacy and security are at the core of our relationship with our customers. We are committed to maintaining the confidentiality of your private information and we use the latest security technology to protect your sensitive data.
We don't sell, rent, or loan our customer's names, e-mail addresses or personal information to anyone at any time for any reason. The only messages you receive will be from us. This includes automatic order and dispatch confirmation e-mails generated upon receipt of your order and, only if you choose, an occasional e-mail to notify you about special promotions or new services.
The site's customization form requires users to submit contact information (such as their name and e-mail address). The contact information is used to contact the registered users when necessary (e.g., to confirm a shipment order). Registered users may always opt-out of receiving future mailings. The other optional information collected during registration is used to enhance the user's experience on the site and to provide personalized service. Other optional information collected includes courier preferences and frequently used ship from and ship to addresses. This information is collected to save users time by not making them re-enter the data each time they visit the site.
The site uses an order form for visitors to request information, products, and services. The site collects visitors' contact information (such as their e-mail address) and financial information (such as their credit card numbers). Contact information from the order form is used to fulfill the service, and financial information is used to bill for the service when ordered. The site collects the address of the receiving party solely for the purpose of adding it to the shipper's address book and is not shared with any outside party. The user can choose not to have the receiver's address added to their address book simply by un-checking the "Add to Address Book" box when ordering a shipment. Only the aggregate information, such as the most frequently used courier or service, or the most frequently shipped to city, state and zip code may be shared with couriers without revealing the individual identity and contact information of the shipper or receiver.
This site contains links to other sites. We are not responsible for the privacy practices or the content of such websites.
The site uses SSL (Secure Socket Layer) for communicating with visitors over the Web during critical phases, such as the displaying of personal or financial information or when generating a shipping label. The site also has security measures in place to protect against loss, misuse or alteration of the information under its control. All sensitive data, such as contact information or financial information requested from users, is collected over a secured channel and is stored on a highly secure system. Access to these systems is restricted to authorized users only and is logged and monitored on a continuous basis. The physical access to these systems is also restricted.
Credit Card Security
We are not aware of any unauthorized use of a credit card as a result of using this site. Under the Fair Credit Billing Act, however, if you were to experience a problem, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges. If your credit card provider does hold you liable for any of this $50.00 amount, we will cover your entire liability up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own and only for purchases made at this site while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Routing and Rerouting
BGS may reroute packages/shipments when the sender authorizes the re-route. A reroute is a request to change a delivery address from what was originally requested. Specifically, a reroute is:
- A change from one street address to another in the same city/state.
- A change from "Hold For Pick-Up" to a request for "Delivery".
- A change from delivery instructions to a request for "Hold For Pick-Up".
- A change from one "Hold For Pick-Up" to another in the same city/state.
We will determine the routing of all packages/shipments, including the mode of transportation used - air, ground or any combination thereof - in providing our services. We reserve the right to divert any package/shipment (including the use of other carriers) in order to facilitate its delivery.
- An additional fee will be billed to the account number specified for each re-routed package/shipment. This will not apply when a package intended for delivery is changed to "Hold For Pick-Up".
- To reroute a package/shipment, the sender must call and provide us with the BGS tracking number.
- If a recipient calls to re-route a package/shipment, they must provide us with the applicable BGS tracking number. We may, at our option, require the shipper to authorize and approve the rerouting.
- If the sender calls to reroute a shipment, the sender must provide us with the new destination address for the package, including a valid contact phone number for the recipient.
- We will attempt to honor the new delivery request, but our verification and handling procedures may result in delays. Our Guarantee Policy does not apply to shipments that are rerouted.
- Only one reroute will be allowed per package/shipment.
- We may require photo identification of the person authorized to pick up the package/shipment.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We make no warranties - express or implied. BGS is not responsible for any damage to, loss or delay of any shipment of the acts of third parties. If you have any questions or concerns regarding our services, please contact us.
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky's Court of Justice without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Contact Bluegrass Express for more information about courier services!
Contact Bluegrass Express Courier & Logistics today for a quote!