These Terms of Service set out the rules for using A&W Courier Service LLC's website and courier and delivery services. Please read them carefully.
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Agreement to these terms
These Terms of Service ("Terms") govern your use of the website and the courier and delivery services provided by A&W Courier Service LLC ("A&W Courier," "we," "us," or "our"). By requesting a delivery, opening an account, or otherwise using our services, you ("you" or "Customer") agree to these Terms. If you do not agree, do not use our services.
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Our services
A&W Courier provides local, same-day, scheduled, and specialty courier and delivery services in Summerville, South Carolina and the surrounding Charleston area. Services include on-demand and rush pickups, recurring routes, and business accounts. Service availability depends on location, distance, timing, vehicle capacity, and driver availability.
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Eligibility and accounts
You must be at least 18 years old and able to enter a binding contract to use our services. If you create an account, you are responsible for the accuracy of your information and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
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Booking a delivery and accurate information
When you request a delivery, you must provide complete and accurate pickup and drop-off details, recipient information, package contents, and any special-handling needs. You are responsible for ensuring someone is available to release the item at pickup and to receive it at drop-off, unless other arrangements are agreed in writing. Delays, redelivery, and additional charges may result from inaccurate or incomplete information.
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Quotes, pricing, and payment
Pricing is based on factors such as distance, service level, size and weight, wait time, and special handling. Quotes are estimates and may change if the actual job differs from what was described. Surcharges may apply for after-hours service, additional stops, waiting time, or special handling.
Unless a written business-account agreement states otherwise, on-demand and same-day deliveries are due at the time of booking or upon completion. Business accounts are invoiced and payable within fifteen (15) days of the invoice date. Past-due balances accrue a late charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year, or the maximum rate permitted by South Carolina law, whichever is less. A fee of thirty-five dollars ($35) applies to any returned or declined payment. You are responsible for reasonable costs of collection, including attorneys' fees, on amounts past due.
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Cancellations, changes, and failed deliveries
You may cancel or change a request at no charge before a driver is dispatched. If you cancel after a driver has been dispatched, a cancellation fee equal to the base charge for the requested service applies. The first fifteen (15) minutes of wait time at pickup or drop-off are included; additional wait time is billed at one dollar ($1) per minute. If a recipient is unavailable or the drop-off cannot be completed, we will attempt to contact you, and any redelivery or return of the item is billed as a new delivery at the standard rate.
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Prohibited and restricted items
You may not ship items that are illegal, hazardous, or that we are not equipped to carry. Prohibited items include, without limitation:
- Illegal goods or controlled substances
- Hazardous, flammable, explosive, or toxic materials
- Firearms, ammunition, or weapons, except where expressly arranged and lawful
- Live animals and human remains
- Cash, negotiable instruments, or items of extraordinary value beyond agreed limits
Items with a declared or actual value exceeding five hundred dollars ($500) must be disclosed and arranged in advance. We may refuse, inspect, or stop transport of any item we reasonably believe violates these Terms or the law. You are responsible for any loss, damage, or liability arising from a prohibited or misdeclared item.
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Packaging and special handling
You are responsible for packaging items appropriately for transport. We are not liable for damage caused by inadequate packaging. Where we agree in advance and in writing to provide specialty handling for items such as legal documents or medical materials, any chain-of-custody or special-handling requirements will be set out in that written arrangement.
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Title, risk, and inspection
You represent that you own or are authorized to ship each item you tender to us. We may decline any shipment and may inspect items where reasonably necessary for safety or legal compliance.
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Liability and limitation of liability
To the maximum extent permitted by law, our liability for loss of or damage to an item is limited to the lesser of its actual value or the value you declared at booking, and in no event exceeds one hundred dollars ($100) per shipment, unless you declare a higher value in advance and pay the applicable additional charge. Where a higher value is declared and accepted in writing, our liability is capped at that declared amount.
We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption, arising from the services. Our aggregate liability for any claim will not exceed the limits described in this section.
You must report any claim for loss or damage to us within seven (7) calendar days of delivery or the scheduled delivery date, and submit a complete written claim with supporting documentation within thirty (30) calendar days. Failure to submit a timely claim waives it.
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Insurance
We maintain the insurance coverage we determine appropriate for our operations. Coverage for your specific shipment is limited to the liability terms above unless separate, higher-value coverage is arranged in writing before pickup.
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Indemnification
You agree to defend, indemnify, and hold harmless A&W Courier Service LLC and its members, managers, employees, agents, and independent contractors from and against any and all claims, demands, actions, liabilities, damages, losses, fines, and expenses, including reasonable attorneys' fees and costs, arising out of or related to your use of our services, your breach of these Terms, your violation of any law or the rights of any third party, or the contents, packaging, or handling of any item you ask us to deliver. This obligation applies whether a claim is brought individually or as part of any class, collective, or representative action, and it survives termination of these Terms.
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Your warranties and compliance with law
You warrant that each delivery you request complies with applicable laws, that your package descriptions are accurate, and that you have the right to ship the items. You are responsible for any permits, licenses, or regulatory requirements that apply to your shipment.
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Independent contractors
Drivers who perform deliveries may operate as independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between you and A&W Courier or its drivers.
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Service availability and changes
We may modify, suspend, or discontinue any part of our services or website at any time. We are not liable for any unavailability, and service windows are estimates, not guarantees, unless expressly agreed in writing.
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Disclaimers
Except as expressly stated, our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
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Force majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including weather, traffic, accidents, road closures, labor disruptions, utility or network failures, or acts of government.
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Governing law and dispute resolution
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this section.
Informal resolution first
Before starting an arbitration or court action, you agree to contact us at dispatch@awcourierservice.com and allow thirty (30) days for us to resolve the dispute informally and in good faith.
Binding individual arbitration
If the dispute is not resolved, you and A&W Courier agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. The arbitration will be seated in Dorchester County, South Carolina, and judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury waiver
You and A&W Courier 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, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and A&W Courier waive any right to a trial by jury and any right to bring or participate in a class or representative action. If this class and representative-action waiver is found unenforceable as to a particular claim, that claim alone shall be severed and heard in court, while all remaining claims proceed in arbitration.
Exceptions
Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. Any claim that proceeds in court shall be brought exclusively in the state or federal courts located in Dorchester County, South Carolina, and the parties consent to that jurisdiction and venue.
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Changes to these terms
We may update these Terms from time to time. We will revise the "Last updated" date above when we do. Your continued use of our services after an update means you accept the revised Terms.
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Miscellaneous
These Terms, together with any written agreement for your account or a specific delivery, are the entire agreement between you and A&W Courier regarding the services. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.
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Contact us
Questions about these Terms? Contact us: