TERMS AND CONDITIONS

IN ORDER TO SERVE YOU BETTER, BELOW
PLEASE FIND A SUMMARY OF OUR ORDER PROCESSING PROCEDURES

EFFECTIVE MARCH 1, 2011

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BUSINESS HOURS

The hours of operations for offices and warehouses are unique to each location.  Please see the hours posted for each specific location

WAREHOUSE POLICIES

Receiving:  All inbound shipments must be scheduled for delivery in advance and be preceeded by an Incoming Product Report. All wines received for entry into storage are subject to the standard  in/out charge of .95/case for purchase orders  less than 280 cases and .75/case for cases more than 280 cases. Product will be received into inventory and available for shipment within 48 hours.  Any shipments received after 12:00pm Pacific Time will be considered the next business day . Requests to receive shipments into inventory sooner than 24 hours will be subject to the higher In Charge Rate of 1.20/case or 1.00/case  Shipments are checked at their time of arrival for completeness and merchantability.  Any discrepancies from the carrier’s bill of lading will be reported to the shipper within 24 hours of receipt.  Any damaged merchandise will be held for inspection for 30 days at shippers request, after which time it must be removed from the warehouse.

Import Containers:  Import containers are also required to be preceeded by an  Incoming Product Report and all import containers are subject to a container unloading charge of .25/case.  All arriving containers must schedule an appointment no less than 2 business days prior to the arrival. Product from containers will be received into inventory within 72 hours.  Containers arriving after 12:00pm Pacific Time will be considered the next business day.  No rush receipt options are offered for container merchandise.

Will Call Orders:  E-Business/Online ordering system shall not be utilized for Will Call orders.  All orders shall be sent via e-mail or fax to the repective Zephyr Order Processing desks.

North:  willcall-north@zephyrexpress.net

South:  orderssouth@zephyrexpress.net

Please refer to our warehouse rate schedules for will call charges and minimums.  Please indicate to us when you place your order that it is for “will call”.   Allow a minimum of 2 working hours for us to process your order.

Inventories: Our standard month-end inventory report is forwarded  via e-mail with our month-end storage billing invoice. Physical Inventories are conducted twice per year.  Zephyr personnel can conduct a physical inventory of your merchandise in storage at your request free of charge on a limited basis. Please contact our office for further details.

All inventory reports are assumed to be accurate if no written report of discrepancy is received by us within 30 days. Zephyr Express is not liable for any claims of variance or loss received after 30 days from date of inventory report.

Product Evacuation:  If you wish to evacuate our warehouse, all charges for storage and other services must be paid in full prior to the time of evacuation.  Zephyr Express reserves the right to withhold evacuation of your merchandise until all charges have been paid in full.  Upon notification of departure, Zephyr Express Accounts Receiveable will require a valid credit card to charge all future move out charges. Customers will be charged a .50/case exit fee.

Product Code Changes and Transfer of Product

Request for product code changes within an existing account or to another account will be subject to a fee of .95/case for 280 cases or less and .75/case for 280 cases or more.

Please contact our office prior to making any code or product changes/transfers.

Legal Relationship of Property in Storage: Any storer of merchandise in our warehouse agrees that Zephyr Express is acting as a mere bailee, and that storer shall not ship goods to Zephyr Express as the named consignee.  As bailee, Zephyr Express maintains no beneficial title or interest in the goods that it stores on behalf of storer.

Liability of Zephyr Express for Stored Merchandise: Zephyr Express is not liable for any loss or injury to merchandise stored, however caused, unless such loss or injury is caused by our negligence.  Our rates and charges do not include fire, earthquake or other hazard insurance on stored property.  It is the responsibility of the storer to arrange its own insurance coverage.

Limititation of Liability for Damages:  Claims for merchandise lost, broken or damaged by Zephyr Express must be made in writing to Zephyr within 30 days of the date of purported loss.  Except for “Breakage or Unexplained Shortages”, as discussed below, Zephyr Express shall not be responsible in any way for any alleged defect in or damage to the Customer’s cased goods, while in the possession of Zephyr Express, or the consequences thereof.  “Breakage” shall not include any stained or torn labels, damaged foil or packaging.  Zephyr Express shall bear responsibility for only that amount of  “Breakage or Unexplained Shortages” which exceed one-tenth of one percent (0.001) of all of Customer’s case lots received by Zephyr Express during any rolling twelve (12) month period.  Zephyr Express shall reimburse to the Customer for “Breakage or Unexplained Shortages” that occur only during the handling of the Customer’s goods or while the Customer’s goods are being transported on Zephyr Express trucks.  For example, if 2,000 cases were shipped to Zephyr Express during a twelve-month period, Zephyr Express shall only be liable for “Breakage or Unexplained Shortages” that exceed 2 cases during such twelve-month period.  The maximum liability to be reimbursed to the Customer for “Breakage or Unexplained Shortages” shall be limited to the wholesale value per case, pro-rated for any partial cases, not to exceed $200.00 per case.  In this example, if 3 cases are broken during a given rolling twelve-month period, Zephyr Express shall pay for one (1) case at the wholesale value, not to exceed $200.00.

Zephyr Express shall have no liability for breakage caused by common carriers, Customer’s employees, or earthquakes. Reimbursement  for approved breakage or unexplained shortages shall be in the form of an accounts receivable credit memo and immediately applied to open invoices with any remaining credit balance left on account.   Please contact our Accounts Receiveable department for information on which invoice(s) a particular credit memo is applied to.

All of Zephyr’s rates and charges are based on this formula for liability. If you require additional coverage, we suggest you contact your insurance provider.

DELIVERY POLICIES

Standard Deliveries:

1.  Please refer to the appropriate Delivery Rate Schedule for a complete listing of areas served and the delivery charges associated with the Zephyr location from where the order is shipped.  Any applicable  Will Call and order preparation  charges will be added to all orders shipped via UPS  in addition to the carrier’s charges.  We cannot ship UPS  orders freight collect, nor can we guarantee specific delivery dates or times for this carrier.

2.  All orders for delivery, must show the complete name and address of each customer along with any special delivery instructions or restrictions.  Incorrect or incomplete addresses furnished by the shipper are subject to a $5.00 charge.

3.  We will assume delivery can be made any business day between the hours of  8:00 am and 3:00 pm unless delivery instructions state otherwise.  Deliveries which require other hours are subject to additional charges.

4.  Partial cases or mixed product cases will be charged the full case delivery rate.

5.  Merchandise pick ups from your customers will be billed at our prevailing delivery rate.  No merchandise will be picked up from an account without your prior written authorization.

6.  Cut off time for next day delivery is 2:00 pm for orders received via e-mail or fax and 4:00pm for entry via  E-Business.   Orders for next day delivery received after 2:00 p.m via e-mail or fax for next day delivery are considered “late” orders and will be subject to a “late order charge” of $10.00 per order.  No orders for next day delivery shall be processed after 5:00pm.  If we cannot schedule your late order we will contact you for further instructions.

7. Late Deliveries are those deliveries where your customer requires an after 4:00pm delivery.  Deliveries of this nature are subject to an additional charge of $10.00

8.  Attempted or Incorrect Deliveries:  Any attempted delivery which is incorrect or incomplete due to Zephyr’s error will be corrected as soon as is possible at our expense, without any additional charge.  Any delivery which cannot be completed or is refused through no fault of Zephyr Express, will receive a return charge at the posted zone delivery rate.  Any product exchange or product addition to an already completed order will be considered a separate delivery, and our regular delivery rates will apply.

9.  Minimum Delivery Charges:  Brokers or sales agents representing multiple suppliers may combine case orders from different suppliers to a single account on a single day to attain lower per case charges; provided however that all the cases comprising the order originate from the same warehouse.

10. COD Orders:  There will be an additional $7.00 charge for all COD or “driver collect” shipments delivered by Zephyr trucks.  It is your responsibility to alert your customer to a pending COD shipment.  Our driver will wait up to 15 minutes to pick up a check.  If after this period, a check is not available, the driver must go on to the next stop.  You will be charged as if the delivery had been completed.  Under normal circumstances, our drivers are not allowed to accept cash from your customers.

Redistribution Deliveries

1.  Pick Ups for Redistribution Deliveries must be submitted by 11:00am.   Zephyr Express dispatch will confirm the order with the pick up location prior to the pick up.  It is the customer’s responsibility to ensure the product will be available at the time of the requested pick up.

2.  All posted Redistribution Rates include the pick up charge.  Fuel surcharge and, if applicable, a transfer fee will be added.

3.  Please note that next day delivery is not guaranteed with Redistribution Deliveries.  Please contact our office to determine the exact delivery date of your request.

Chain Store Deliveries

1.  Chain warehouse or club store deliveries which require us to make a delivery appointment with them will be subject to a $5.00 appointment charge.  Normally these appointments require a 2 to 3 day lead time, and the chain requires that we provide them with a P.O. #, your vendor #, and the total number of cases to be delivered.  Please do not schedule the appointment yourself.

2.  Waiting Time: If we are on time for our delivery appointment but we are forced to wait more than 15 minutes before unloading, you will be assessed a $15.00 charge per 15 minutes waiting time after the first 15 minutes.  If we cannot unload after waiting a total of 45 minutes, we must  go on to our next stop.  You will be billed for the delivery and wait time, and we will contact you before rescheduling another appointment.  If we are late for our appointment, there is no charge for waiting time.

Deliveries to Non-Licensed Businesses or Residential Deliveries:

1.  Additional charges will be applied.  (Please refer to the rate schedule from the Zephyr location completing the delivery to determine the additional charges)  Arrangements must be made in advance by you, to ensure that there is an adult present to sign for the merchandise.  You must also provide us with the phone number of the recipient before delivery will be attempted.

2.  If you or your customer authorize us to do so, we will leave merchandise at a residence without a signature, or at a neighbor’s house.  Zephyr Express cannot be held responsible for merchandise left without a signature.

U.P.S. Shipments:

1.  Individual accounts are maintained with UPS and small orders can be packaged and shipped on your behalf, subject to the terms and conditions that UPS impose on wine shipments.  Applicable Will Call and order preparation charges will be added to all orders shipped via UPS  in addition to the carrier’s charges.

2.  We have 12 bottle approved shipping containers on hand and offer them for sale at $7.00 each.

Proof of Delivery Receipts -

Signed copies of bills of lading (Proofs of Delivery) are included with each customer’s bi-weekly delivery invoice and invoice detail.  We maintain a signed copy of all Proof of Delivery receipts  for  3 years after the date of delivery.  After this time, the copies are discarded.  Signed Proof of Delivery receipts may also be accessed through our scanning system within 48 hours of delivery.  Please contact our office to request the required access and software.

ORDER PROCESSING

1.  Phone in orders are accepted at any time during our office business hours.  We will generate a bill of lading to be used for delivery at a cost of $3.50 per order.

2.  Orders may be faxed or e-mailed to us at any time of the night or day.  The original fax or e-mail is kept on hand in our office for 30 days.  Orders received for delivery via e-mail are charged at $1.00 per order and via fax at $1.50 per order

3.  There is a $ .50 Order Processing charge for all orders. Customers entering their own orders into our system via E-Business receive a charge of  $.50 per order only.

4.  Order cut off  time is 2:00pm for e-mail/fax and 4:00pm for orders entered on E-Business for next day delivery pursuant to the by city delivery schedule.   Orders to be entered after 2:00pm shall be subject to a $10.00 late fee.  No orders shall be accepted after 5:00pm for next day delivery.   All orders must include the customer assigned product code.  Any order without a code will be subject to a $1.00/order  fee.   To avoid a misshipment, please be sure all orders reflect the proper product code.

5.  Customer invoices shall be attached to Zephyr Express Bills of Lading free of charge.  For delivery orders entered on line, please submit your customer invoice to the respective Zephyr order processing desk.  While every effort will be made to ensure the invoice is properly attached, this is not a guaranteed service.

BILLING

Our payment terms are NET 15 days from the date of our invoice.  All invoices unpaid 30 days after the date of our invoice are subject to a monthly late payment charge equal to 1.5% of the invoice amount outstanding on the 31st day. Any customer account with invoices over 30 days past due will be placed on hold and services suspended until payment is made.  Customer accounts placed on hold more than twice due to non payment within a consecutive 12 month period will be reviewed by the Business Manager to determine if future services shall continue.

Any billing disputes, including State and Federal tax charges, must be raised to Zephyr Express Account Receiveable Specialists within 30 days of the invoice date.  Any dispute that requires extensive research will be subject to a research fee.

Zephyr Express reserves the right to withhold shipments where payment has not been received in a timely manner.

Your shipment of  merchandise to Zephyr Express for either storage or immediate re-destribution constitutes your acceptance of these Terms and Conditions.

 






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