Tariffs, Terms and conditions

1. Definitions

  • “Client”: The person or entity requesting logistics and transportation services through DAYRUN EXPRESS, LLC.
  • “Logistics Broker”: DAYRUN EXPRESS, LLC, acting as an intermediary between the Client and third-party carriers.
  • “Carrier”: Independent third parties contracted by DAYRUN EXPRESS, LLC to perform the transportation of the Cargo.
  • “Cargo”: The goods or merchandise subject to transportation through the services coordinated by DAYRUN EXPRESS, LLC.
  • “Business Days”: All days except Saturdays, Sundays, and public holidays recognized in the State of New Jersey.
  • “Force Majeure”: Events beyond the reasonable control of DAYRUN EXPRESS, LLC or the Carriers, including but not limited to natural disasters, acts of war, pandemics, civil disturbances, strikes, governmental actions, or transportation system failures.
  • “Terms and Conditions”: This document establishing the terms and conditions of the services provided by DAYRUN EXPRESS, LLC.

2. Acceptance of Terms

By requesting or using the services of DAYRUN EXPRESS, LLC, the Client acknowledges having read, understood, and accepted these Terms and Conditions in their entirety, constituting a legally binding agreement between the Client and DAYRUN EXPRESS, LLC.


3. Role of DAYRUN EXPRESS, LLC as a Logistics Broker (3PL)

DAYRUN EXPRESS, LLC acts as a Third-Party Logistics Broker (3PL), providing intermediary services to coordinate the transportation of Cargo between the Client and independent Carriers. DAYRUN EXPRESS, LLC does not own or operate transportation equipment and does not act as a direct carrier.


4. Services Offered

  • Transportation Coordination: Organizing and coordinating the transportation of the Client’s Cargo through qualified Carriers.
  • Logistics Management: Assisting in route planning, mode of transportation selection, and logistics optimization.
  • Documentation: Assisting in the preparation and management of necessary transportation documents, including bills of lading and customs documents.
  • Client Support: Providing information and updates on shipment status and responding to Client inquiries.

5. Rates and Cost Calculation

DAYRUN EXPRESS, LLC will calculate rates based on:

  • The type of service required (LTL, FTL, specialized transport, etc.).
  • Weight, dimensions, and nature of the Cargo.
  • Distance and accessibility of the origin and destination.
  • Rates and costs applied by the Carriers.
  • Applicable surcharges, including fuel, tolls, and others.

Rate Modifications:

  • Rates are subject to change based on market conditions and Carrier costs.
  • Any significant changes in rates will be communicated to the Client for approval before service execution.

6. Payment Terms

  • Payment Deadline: Invoices issued by DAYRUN EXPRESS, LLC must be paid in full within thirty (30) days from the date of issuance, unless otherwise agreed in writing.
  • Penalties: Late payments may incur a penalty of one and a half percent (1.5%) per month on the outstanding balance, not exceeding the rates permitted by applicable laws in New Jersey.
  • Currency: All payments must be made in United States Dollars (USD).
  • Service Suspension: DAYRUN EXPRESS, LLC reserves the right to suspend or terminate services if the Client fails to comply with the agreed payment terms.

Third-Party Billing:

  • Joint and Several Liability: If billing is directed to a third party, both the Client and the third party are jointly and severally responsible for full payment.
  • Written Authorization: Prior written authorization from the Client is required before billing a third party.
  • Credit Evaluation: DAYRUN EXPRESS, LLC may assess the creditworthiness of the third party, complying with applicable privacy laws.

7. Client Responsibilities and Obligations

The Client is responsible for:

  • Accurate Information: Providing complete and accurate information about the Cargo, including weight, dimensions, value, nature, and special requirements.
  • Packaging and Labeling: Ensuring that the Cargo is properly packaged and labeled for safe transportation.
  • Documentation: Providing all necessary documents for transportation and regulatory compliance, including customs documents and special permits.
  • Legal Compliance: Guaranteeing that the shipment complies with all applicable laws and regulations.
  • Notification of Changes: Promptly informing DAYRUN EXPRESS, LLC of any changes in shipping instructions.

Consequences of Non-Compliance:

  • The Client assumes responsibility for additional costs, delays, or damages resulting from incorrect information, inadequate packaging, or regulatory non-compliance.
  • DAYRUN EXPRESS, LLC will not be liable for losses or damages caused by the Client’s non-compliance.

8. Selection and Use of Carriers

  • Due Diligence: DAYRUN EXPRESS, LLC will make reasonable efforts to select qualified and reliable Carriers, verifying that they hold the necessary licenses, insurance, and authorizations.
  • Independence of Carriers: Carriers are independent contractors and not employees, agents, or representatives of DAYRUN EXPRESS, LLC.
  • Limitation of Liability: DAYRUN EXPRESS, LLC is not responsible for the acts, omissions, or defaults of the Carriers.

9. Insurance Coverage and Limitations of Liability

Transportation Insurance:

  • Carrier Responsibility: Carriers are responsible for maintaining adequate insurance to cover loss or damage to the Cargo during transportation.
  • Additional Insurance: The Client may request assistance in obtaining additional insurance coverage, subject to specific terms and costs.

Limitations of Liability of DAYRUN EXPRESS, LLC:

  • Scope: DAYRUN EXPRESS, LLC’s liability is limited to the provision of brokerage services in accordance with these Terms and Conditions.
  • Exclusions: DAYRUN EXPRESS, LLC will not be liable for losses, damages, or delays caused by the Carriers, Force Majeure events, or the Client’s non-compliance.
  • Maximum Limit: The total liability of DAYRUN EXPRESS, LLC will not exceed the brokerage fees paid by the Client for the specific shipment in question.

10. Claims and Resolution Procedure

Claims Against Carriers:

  • Submission: The Client must submit claims for loss or damage to the Cargo directly to the responsible Carrier, in accordance with the terms and deadlines established by the Carrier.
  • Assistance: DAYRUN EXPRESS, LLC may assist the Client in submitting and following up on claims against the Carrier, without assuming direct liability.

Claims Against DAYRUN EXPRESS, LLC:

  • Conditions: Claims against DAYRUN EXPRESS, LLC are valid only concerning the provision of its brokerage services under these Terms and Conditions.
  • Deadline: Claims must be submitted in writing within thirty (30) days after becoming aware of the event giving rise to the claim.
  • Documentation: The Client must provide evidence supporting the claim, including shipment details and the nature of the issue.

Resolution Procedure:

  • Arbitration: Any dispute will be resolved through binding arbitration in accordance with the Federal Arbitration Act, administered by the American Arbitration Association (AAA) in Fairfield, New Jersey.
  • Waiver of Jury Trial: Both parties waive the right to a jury trial in any legal action permitted under these Terms and Conditions.

11. Refund Policy

Conditions:

  • Eligibility: DAYRUN EXPRESS, LLC will consider refunds only if negligence or misconduct is demonstrated in the provision of its brokerage services.
  • Exclusions: No refunds will be issued for losses, damages, or delays caused by Carriers, Force Majeure events, or the Client’s non-compliance.

Procedure:

  • Request: Refund requests must be submitted in writing within fifteen (15) days of the event giving rise to the claim.
  • Evaluation: DAYRUN EXPRESS, LLC will evaluate the request and notify the Client of its decision within a reasonable timeframe.
  • Final Decision: The determination of DAYRUN EXPRESS, LLC will be final and binding.

12. Force Majeure

DAYRUN EXPRESS, LLC will not be liable for delays, non-performance, or damages resulting from Force Majeure events. In such circumstances, DAYRUN EXPRESS, LLC reserves the right to cancel or reschedule services without incurring penalties or additional liabilities.


13. Hazardous and Prohibited Materials

Hazardous Materials:

  • Mandatory Declaration: The Client must inform and provide documentation for Hazardous Materials.
  • Compliance: Hazardous Materials must comply with all applicable regulations.
  • Limitations: Some Carriers may have additional restrictions; DAYRUN EXPRESS, LLC will coordinate accordingly based on availability.

Prohibited Materials:

  • The coordination of transportation for illegal, counterfeit, or prohibited goods is not permitted.
  • Attempting to ship such items will result in immediate termination of services and possible notification to competent authorities.

14. Customs and International Regulations

Client Responsibilities:

  • Documentation: Providing complete and accurate customs documents.
  • Legal Compliance: Complying with export and import laws and regulations.
  • Additional Costs: Assuming costs associated with duties, taxes, and customs procedures.

Limitations of DAYRUN EXPRESS, LLC:

  • Limited Assistance: Providing coordination assistance but not assuming liability for delays or penalties due to incorrect documentation provided by the Client.
  • Strict Compliance: We strictly comply with all international trade regulations, including sanctions, embargoes, and export controls established by OFAC and other authorities.

15. Electronic Communication and Documentation

  • Electronic Consent: The Client agrees to the use of electronic communications and documents, which have legal validity under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
  • Access Security: The Client is responsible for safeguarding their access credentials and notifying of any unauthorized use.

16. Confidentiality and Data Protection

  • Privacy Commitment: DAYRUN EXPRESS, LLC will protect the Client’s information in accordance with applicable privacy laws.
  • Use of Data: Data will be used solely for service provision and legal compliance.
  • Security: We implement measures to protect data against unauthorized access.
  • Client Responsibility: Keeping their information accurate and up to date.

17. Limitations of Liability

  • Scope: DAYRUN EXPRESS, LLC’s liability is limited to the provision of brokerage services in accordance with these Terms and Conditions.
  • Exclusions: DAYRUN EXPRESS, LLC will not be liable for losses, damages, or delays caused by the Carriers, Force Majeure events, or the Client’s non-compliance.
  • Maximum Limit: The total liability of DAYRUN EXPRESS, LLC will not exceed the brokerage fees paid by the Client for the specific shipment in question.

18. Termination and Modification of Service

  • Right to Terminate: DAYRUN EXPRESS, LLC may terminate services due to the Client’s breach of these Terms and Conditions, notifying in writing.
  • Pending Obligations: Termination does not release the Client from accumulated financial obligations.
  • Client Modifications: Changes or cancellations must be requested in writing at least forty-eight (48) hours in advance; additional charges may apply.

19. Severability Clause

If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect. The parties will agree to replace the invalid provision with a valid one that closely approximates the original intent.


20. Environmental Commitment

DAYRUN EXPRESS, LLC strives to promote sustainable practices and minimize environmental impact in its logistics operations.


21. Feedback and Customer Service

For inquiries or suggestions, contact us at:

We will respond within forty-eight (48) hours and work to resolve your concerns.


22. Policy Updates and Review

DAYRUN EXPRESS, LLC may update these Terms and Conditions at any time. Modifications will become effective upon publication on our website www.dayrunexpress.org. It is the Client’s responsibility to periodically review the current policies.


23. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the State of New Jersey. Any dispute will be resolved in the state and federal courts located in Fairfield, New Jersey.


24. Data Protection and Privacy

  • Legal Compliance: DAYRUN EXPRESS, LLC complies with privacy laws, including the CCPA and other applicable regulations.
  • Privacy Policy: Available on our website, detailing how we handle the Client’s information.

25. Non-Discrimination Statement

DAYRUN EXPRESS, LLC is committed to offering services without discrimination based on legally protected grounds.


26. Operational and Labor Compliance

  • Licenses and Insurance: DAYRUN EXPRESS, LLC maintains the necessary authorizations to operate as a Logistics Broker.
  • Compliance: We comply with laws and regulations applicable to our operations.

27. Restrictions on Service Use

  • Legal Use: The Client will not use the services for illegal or unauthorized purposes.
  • Service Suspension: DAYRUN EXPRESS, LLC may suspend services if misuse is detected.

28. Additional Force Majeure Clause

  • Covered Events: Includes acts of terrorism, cyberattacks, and national emergencies.
  • Notification: DAYRUN EXPRESS, LLC will inform the Client of Force Majeure events affecting services.

29. Record Retention Policy

We maintain records for a minimum of five (5) years or as required by law. Available to the Client upon request and subject to privacy policies.


30. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties, superseding previous agreements.


31. No Waiver

The failure of DAYRUN EXPRESS, LLC to exercise any right shall not constitute a waiver of such right.


32. Contact Information

For inquiries related to these Terms and Conditions:

33. Indemnification Clause

The Client agrees to indemnify, defend, and hold harmless DAYRUN EXPRESS, LLC, its affiliates, directors, employees, and agents from any claim, loss, damage, liability, cost, or expense (including reasonable attorney’s fees) arising from or related to:

  • Client’s Breach: Any breach by the Client of these Terms and Conditions or any applicable law or regulation.
  • Acts or Omissions: Any negligent, wrongful, or illegal act or omission by the Client, its employees, agents, or contractors.
  • Incorrect Information: Provision of incorrect, incomplete, or misleading information related to the Cargo or requested service.
  • Rights Violation: Any third-party claim for infringement of intellectual property rights, property, or personal rights in relation to the Cargo.

34. Additional Limitation of Liability

  • No Guarantee of Uninterrupted Services: DAYRUN EXPRESS, LLC does not guarantee that the coordinated services will be free from delays, interruptions, or errors caused by third parties or circumstances beyond its control.
  • No Liability for Client Information: DAYRUN EXPRESS, LLC will not be liable for losses or damages resulting from incorrect or incomplete information or instructions provided by the Client.
  • Limitation of Damages: In no event shall the cumulative liability of DAYRUN EXPRESS, LLC exceed the brokerage fees paid by the Client in connection with the specific shipment.

35. Client’s Insurance Obligation

  • Cargo Insurance: It is the sole responsibility of the Client to obtain and maintain adequate insurance to cover loss or damage to their Cargo during transportation.
  • Waiver of Claims: The Client waives any claim against DAYRUN EXPRESS, LLC for loss or damage to the Cargo not covered by the Carrier’s insurance or the insurance obtained by the Client.

36. Right of Lien

  • Cargo Lien: DAYRUN EXPRESS, LLC and/or the contracted Carriers have the right to retain the Client’s Cargo as security for payment of all amounts owed by the Client under these Terms and Conditions.
  • Sale of Cargo: If the Client fails to fulfill their payment obligations within a reasonable timeframe, DAYRUN EXPRESS, LLC may, upon notification to the Client, dispose of the Cargo to recover the amounts owed, in accordance with applicable laws.

37. Notices

  • Method of Notification: All notices and communications required or permitted under these Terms and Conditions shall be made in writing and delivered personally, by certified mail with return receipt requested, or by email with confirmation of receipt.

  • Contact Information: Notices to DAYRUN EXPRESS, LLC must be sent to:

    • Dirección: [DAYRUN EXPRESS, LLC. 271 Route 46 West UNIT D-103, Fairfield, NJ. 07004]
    • Correo Electrónico: info@dayrunexpress.org

38. Compliance with Anti-Corruption Laws and Sanctions

  • Anti-Corruption Laws: The Client and DAYRUN EXPRESS, LLC agree to comply with all applicable anti-corruption laws, including the United States Foreign Corrupt Practices Act (FCPA).
  • Sanctions and Embargoes: The Client warrants that they are not subject to economic sanctions or embargoes prohibiting them from participating in the transactions contemplated in these Terms and Conditions.

39. Intellectual Property

  • Use of Trademarks: The Client shall not use the trademarks, logos, trade names, or other intellectual property of DAYRUN EXPRESS, LLC without prior written consent from the company.
  • Protection of Information: All information, materials, and documentation provided by DAYRUN EXPRESS, LLC are the exclusive property of the company and are protected by intellectual property laws.

40. Non-Assignment

  • Assignment Restriction: The Client may not assign, transfer, or delegate any of their rights or obligations under these Terms and Conditions without prior written consent from DAYRUN EXPRESS, LLC.
  • Assignment by DAYRUN EXPRESS, LLC: The company may assign or transfer its rights and obligations to affiliates or in connection with a merger, acquisition, or sale of assets.

41. Subrogation

In the event that DAYRUN EXPRESS, LLC pays or is responsible for any loss, damage, or claim related to the Cargo, it will have the right to assume the Client’s rights to recover such amounts from responsible third parties.


42. Interpretation of Terms

  • Headings: The headings and titles used in these Terms and Conditions are for convenience only and shall not affect the interpretation of the provisions.
  • Language: In case of discrepancies in interpretation due to translations, the English version of these Terms and Conditions shall prevail.

43. Information Disclosure

  • Legal Compliance: DAYRUN EXPRESS, LLC may disclose the Client’s information if required by law, regulation, or competent governmental authority.
  • Confidentiality: Except as provided above, DAYRUN EXPRESS, LLC will maintain the confidentiality of the Client’s information and will not disclose it to third parties without consent.

44. Survival of Clauses

The Client’s obligations and the limitations of liability of DAYRUN EXPRESS, LLC established in these Terms and Conditions shall remain in effect after the termination of service or agreement between the parties.


45. Compliance with Security Regulations

  • Supply Chain Security: The Client and DAYRUN EXPRESS, LLC agree to comply with applicable supply chain security regulations, including programs like C-TPAT (Customs-Trade Partnership Against Terrorism) when appropriate.
  • Security Collaboration: Both parties will cooperate in implementing reasonable security measures to protect the integrity of the Cargo and prevent illicit activities.

46. Applicable Law in Case of Conflict

In case of conflict between applicable state and federal laws, the federal laws of the United States shall prevail in the interpretation and application of these Terms and Conditions.


DAYRUN EXPRESS, LLC

Committed to excellence in logistics services, providing efficient and reliable solutions for our clients.


Note: It is the Client’s responsibility to read and understand these Terms and Conditions. If you have any questions or need clarifications, please contact us.


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