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Your Company Name *

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Company Type *

Corporation

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Sole Ownership

Name of Owner/CEO *

First Last

Year Established *

Phone Number *

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Website *

Your Name (if other than above)

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Your Title *

Your Email *

Your Company Address *

Street Address City State / Province / Region Postal / Zip Code

Billing Address (If Different)

Street Address City State / Province / Region Postal / Zip Code

Accounts Payable Contact

First Last

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Sales staff Name or Referral Name/Company Name (if applicable)

What is your monthly delivery expenditure?

Previous Delivery Service:

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TERMS AND CONDITIONS OF THIS AGREEMENT

1.	DEFINITIONS  The following terms, as used in this Agreement, have the meanings set forth below:  “Service(s)” whereas deliver LA is a sameday courier company, services include pickup and delivery of parcels/items/documents in Greater Los Angeles area and orange county to and from locations of Customer sites according to Customer personnel instructions and specifications.  “Site” means the locations of offices or retail stores In Los Angeles and Orange County at which Services provided by Provider to Customer.  “Confidential Information” means all tangible and intangible information (whether oral, written, visual, electronic or in other form) of a Party (“Disclosing Party”) that is disclosed or otherwise becomes known to the other Party (“Receiving Party”) as a result of this Agreement.  2.	SERVICES:  Provider hereby represents and warrants that  	(a)  it has the skills, resources and expertise to provide, and shall provide, all Services in accordance with the terms and conditions of this Agreement.  	(b)  it shall perform the Services in a timely, efficient and professional manner using then-current technology, processes, procedures and equipment (as applicable) that are equal to or higher than the accepted industry standards applicable for the performance of the same or similar services.  	(c)  it shall perform the Services in accordance with the terms and conditions of this Agreement.  3.	TERM AND TERMINATION:  The Agreement shall begin on the Effective Date and shall remain in force unless provider materially breaches its obligations under this agreement. Customer may terminate this Agreement upon written notice to Provider if Provider materially breaches the Agreement and fails to remedy such breach within thirty (30) days after receiving written notice thereof from Customer.    4.	PAYMENT and INVOICING   4.1 Charges and Payments:  Provider shall deliver to Customer an invoice on a semi-monthly basis, consistent with the requirements of Customer. Invoices will reflect name of person asking for service, date of service, type of service, cost of service.  4.2 Customer shall not be obligated to pay incorrect invoices or invoices disputed in good faith. Customer may pay undisputed amounts on invoices and such payment shall not affect its rights to challenge disputed amounts in the event of a good faith dispute with regard to an item appearing on an invoice.  4.3  Payment is expected within 30 days of the date of each invoice.  4.4 Our rates are subject to change based on industry trends, cost of doing business, your volume and payment habits. Rate changes may occur without advance notice. This paragraph is a part of our agreement and condition of us providing service.   5. 	LOCATION OF PERFORMANCE:  Provider shall perform all Services hereunder to and between Customer Site(s), unless otherwise specifically set forth.  6.	INDEMNITY: Customer shall indemnify, defend and hold harmless Provider, its Affiliates and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any and all third party claims, losses, damages, suits, fees, judgments, costs and expenses (collectively, “Third Party Claims”), including reasonable attorneys’ fees and expenses.   7.	NOTICES, AUDITS, AND PUBLICITY  All notices permitted or required hereunder shall be in writing and shall be deemed given only when sent by first class mail (return receipt requested), hand-delivered or sent by documented overnight delivery service with tracking capabilities to the party to whom the notice is directed, at its address indicated below, all delivery charges prepaid.  THE EXPRESS GROUP, INC. dba deliverLA 10801 National Blvd., Suite 104, Los Angeles, CA 90064  8.	LEGAL AND REGULATORY COMPLIANCE  Each Party shall comply with all applicable laws and regulations relating to this Agreement.  Provider shall not take any act or fail to take any act which causes Customer to be in breach of applicable laws and/or regulations.  Provider shall maintain such authorizations, approvals, licenses and permits from regulatory authorities required to perform its obligations under this Agreement.  9.	PROVIDER PERSONNEL  9.1	Sufficient and Suitable Provider Personnel.  Provider shall assign sufficient Personnel to provide Services.  Provider shall ensure that each of the Provider Personnel has suitable competence, ability, education, training, licensing (as applicable) and other qualifications for their assigned role.  In addition, Provider shall ensure that:  (i) all Provider Personnel who perform Services under the Agreement are authorized to accept employment with Provider (or allowed Subcontractors) in the country in which they work.  9.2	Status of Provider Personnel.  Provider Personnel shall not, directly or indirectly, be deemed an employee, agent, servant or joint employee of Customer.  Provider Personnel shall be under the sole control and direction of Provider and it shall be solely responsible for all liabilities and expenses thereof  9.3	Background Checks; On-Site Security. Provider shall perform criminal and other background investigations (consistent with the requirements with respect to any Personnel providing Services to Customer.    9.4	Nondiscrimination.  Provider shall not discriminate against any of its Personnel or applicants for employment because of age, race, color, religion, sex, sexual orientation, creed, alienage, marital status, national origin, ancestry, disability or veteran status or any other basis prohibited by applicable Laws.    10.	INSURANCE: Provider shall, during the term of this Agreement, maintain at its expense appropriate and required insurance for itself, its personnel and its vehicles. Provider shall not be liable for any loss, damage or delay, which is a result of an act of God, public enemy, authority of law, strikes, labor dispute, riots, weather, act of shipper, acts of you or your company, poor packaging by shipper, act of any third person or inherent in the nature of the shipment itself. For each delivery request, TEG assumes liability for loss or damage in transit up to a total of $100.00 not including the cost of transportation, at no additional charge. For high value items, additional insurance may be obtained from provider before pickup and delivery. 5. Due to the inherent nature of the delivery business, provider cannot guarantee delivery by a stipulated date or a stipulated time, nor shall provider be liable for the consequences of failure to make a timely delivery or deliveries. The shipper hereby warrants to provider that the contents of shipment may be lawfully carried and are not a prohibited substance under any applicable statutes and regulations, and are properly packaged or sheathed for that purpose if necessary. The shipper will indemnify and hold harmless provider against any loss by the latter as a result of the shipper's violation of this provision.  Any claim by the shipper for loss or damage shall be made by written notice to TEG not later than 3 days after delivery to the consignee. No agent, Employee or representative of the Express Group Inc. has authority to modify any provisions of this contract.  11.	ADDITIONAL TERMS:  Relationship of the Parties.  Provider is an independent contractor of Customer and this Agreement shall not be construed as creating a relationship of employment, agency, partnership, joint venture or any other form of legal association.  Neither Party shall have the power to bind the other or to assume or to create any obligation on behalf of the other Party or in the other Party’s name.  Severability.  If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law.  The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected, and each of those provisions shall be valid and enforceable to the full extent permitted by law.  Survival.  After this Agreement terminates, those terms that expressly or by their nature contemplate performance after termination or expiration shall survive and continue in full force and effect.    Rights and Remedies Cumulative.  Unless expressly stated otherwise in this Agreement, all rights and remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity or otherwise.

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