Terms of Service

USA Lightning Logistics

These Terms of Service (“Terms”) govern the use of services provided by USA Lightning Logistics (“Company,” “we,” “our,” or “us”). By engaging our warehousing, fulfillment, logistics, or related services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

1. Services Provided

USA Lightning Logistics provides third-party logistics (3PL) services including, but not limited to:

  • Inventory receiving and inspection
  • Warehousing and storage
  • Order processing and fulfillment
  • Pick-and-pack services
  • Shipping label generation and carrier coordination
  • Inventory management and reporting
  • Payment processing related to service fees

All services are provided subject to availability, capacity, and agreed service levels.

2. Client Responsibilities

The Client agrees to:

  • Provide accurate product descriptions and SKU data
  • Ensure products are properly packaged and labeled prior to shipment to our facility
  • Maintain adequate product liability insurance
  • Comply with all applicable federal, state, and local laws
  • Not store or ship hazardous, illegal, perishable, or regulated goods without prior written approval

The Client is responsible for ensuring that all goods are lawful to store and ship.

3. Service Level & Cutoff Times

Same-day fulfillment applies only to orders received before the agreed daily cutoff time and is subject to:

  • Accurate inventory levels
  • No system outages
  • No force majeure events

We reserve the right to adjust cutoff times with reasonable notice.

4. Fees & Payment Terms

A. Fees

Clients agree to pay all applicable:

  • Storage fees
  • Receiving fees
  • Pick-and-pack fulfillment fees
  • Shipping charges
  • Any additional agreed service fees

B. Billing

  • Storage and fulfillment fees are invoiced monthly unless otherwise agreed.
  • Shipping charges may be reconciled weekly.
  • Payment terms are Net [Insert Days] unless otherwise specified in writing.

C. Late Payments

Late payments may result in:

  • Service suspension
  • Storage holds
  • Late fees
  • Interest charges at the maximum rate permitted by law

We reserve the right to withhold shipment of goods if invoices remain unpaid.

5. Shipping & Carrier Liability

USA Lightning Logistics acts as an intermediary between the Client and shipping carriers.

  • Once packages are transferred to the carrier, liability shifts to the carrier.
  • Claims for lost or damaged packages must be filed with the carrier in accordance with their policies.
  • We are not responsible for carrier delays.

Shipping rates and delivery timelines are estimates and not guarantees.

6. Inventory Accuracy & Liability Limits

We maintain structured receiving processes and cycle counts; however:

  • Clients are responsible for verifying inventory upon receipt.
  • Any discrepancies must be reported within [Insert Days] days of receiving a report.

Our liability for loss or damage to inventory while in our custody is limited to:

  • Replacement cost of the product

Total liability shall not exceed the total fees paid by Client during the previous three (3) months.

7. Insurance

Clients are strongly encouraged to maintain their own inventory and product liability insurance.

USA Lightning Logistics maintains general business insurance but does not insure Client goods unless explicitly agreed in writing.

8. Prohibited Goods

Clients may not store or ship:

  • Hazardous materials
  • Flammable or explosive goods
  • Illegal substances
  • Counterfeit products
  • Perishable items without prior approval

Violation may result in immediate termination and removal of goods at Client expense.

9. Data & Confidentiality

We may access order data, shipping addresses, and transaction records solely for fulfillment and billing purposes.

We:

  • Do not sell client data
  • Use commercially reasonable safeguards
  • Limit data access to authorized personnel

Each party agrees to keep confidential information private.

10. Termination

Either party may terminate services with written notice in accordance with any signed service agreement.

Upon termination:

  • All outstanding balances become immediately due.
  • Client must arrange removal of inventory within [Insert Days] days.
  • Storage fees continue until inventory is removed.

11. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including but not limited to:

  • Natural disasters
  • Labor shortages
  • Carrier disruptions
  • Government actions
  • System outages

12. Indemnification

Client agrees to indemnify and hold harmless USA Lightning Logistics from any claims, damages, or liabilities arising from:

  • Defective products
  • Intellectual property violations
  • Regulatory violations
  • Improper labeling
  • Product misuse

13. Limitation of Liability

To the fullest extent permitted by law:

USA Lightning Logistics shall not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption.

Total liability shall not exceed the amount paid by Client for services during the three (3) months preceding the claim.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York.

Any disputes shall be resolved in courts located in New York County, New York.

15. Modifications

We reserve the right to update these Terms at any time. Continued use of services constitutes acceptance of updated Terms.