title shiphero

Terms of Service – Fulfillment

Terms of Service – Fulfillment
Last revised July 5, 2024

ShipHero provides logistics software and a fulfillment network of third-party logistics providers (“3PLs”) that allows ecommerce manufacturers and merchants (“Merchants”) to seamlessly add multiple 3PLs based on their growth and/or geographical needs (the “Fulfillment Network” or “Network”). ShipHero provides you under these Terms of Service (“TOS”) certain software-as-a-service ecommerce solutions and other fulfillment services (together, the “Services”) to help you with your ecommerce fulfillment needs.  Any new features or tools added to the current SaaS and fulfillment Services are also subject to these Terms of Service. ShipHero reserves the right to update and change these Terms of Service by posting updates and changes to the ShipHero website. You are advised to check these Terms of Service occasionally for any updates or changes that may impact you. By accepting these Terms of Service, you also accept all requirements in ShipHero help guides, FAQs, and any supplemental guides produced.  

  1. Acceptance of Terms.
    1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
    2. To access and use the SaaS Services, you must register a ShipHero account (“Account”) by providing your full legal name, current address, phone number, valid email address, and any other information indicated as required. ShipHero may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
    3. You acknowledge that ShipHero will use the email address you provide as the primary method for communication.
    4. You are responsible for keeping your password secure. ShipHero cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
    5. You are responsible for all activity and content, information, or data uploaded (including photos, images, videos, graphics, written content, audio files, and/or code), collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (together, the “Materials”).
    6. A breach or violation of any term in these Terms of Service, including the AUP, as determined in the sole discretion of ShipHero, may result in an immediate termination of your services.
    7. By accepting this TOS or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this TOS. By accepting this agreement, you represent that you have the authority to accept these Terms on behalf of yourself, a business, or another legal entity.
    8. Terms of Service. you also accept all requirements in ShipHero help guides, FAQs, and any supplemental guides produced.
    9. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including ShipHero’s AUP, Privacy Policy, Help Center, and, if applicable, the Data Protection Addendum (“DPA”) before you may become a user of the Fulfillment Services.
    10. Agency. If you are an Agency and signup a client on their behalf, your client is subject to these terms and conditions.
  2.  General Conditions. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy, before you may become a user of the Services
    1. These Terms of Service are governed by and are to be interpreted in accordance with the laws of the State of New York and the federal laws of the United States applicable therein, without regard to principles of conflicts of laws.  The parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the state and federal courts located in the State and County of New York with respect to any dispute or claim arising out of or in connection with these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods is not to apply to these Terms of Service and is hereby expressly excluded.  The provisions of this Section 3.1 may not be amended except by the express consent of both parties to these Terms of Service.
    2. Your continued use of the Services after the amended Terms of Service are posted to ShipHero’s website constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any changes to these Terms of Service, do not continue to use the Service
    3. You may not use the ShipHero service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in the United States, in your jurisdiction (if different from the United States), the laws applicable to you in your customer’s jurisdiction, or any other applicable laws. You shall comply with all applicable laws, rules, and regulations in your use of the Service and connection with the provision of your Services
    4. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the SaaS and/or Fulfillment Services, use of the SaaS Service, or access to the SaaS Service without the express written permission by ShipHero.
    5. Technical Support is only provided to paying account holders via email.
    6. You shall not purchase search engine or other pay-per-click keywords (such as Google AdWords) or domain names that use ShipHero or ShipHero trademarks and/or variations and misspellings thereof.
    7. You shall not by implication or otherwise associate your Services with ShipHero, except in a manner expressly approved in advance and writing by an authorized representative of ShipHero.
    8. Questions about these Terms of Service should be submitted here.
    9. You understand that your Materials (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
    10. Credit Card information shared with ShipHero is always encrypted in any transfer or storage that ShipHero controls.
    11. You acknowledge and agree that your use of the SaaS Services, including information transmitted to or stored by ShipHero, is governed by its privacy policy at https://shiphero.com/privacy-data-policy/
    12. Subject to the terms hereof, ShipHero has no obligation to provide technical support services through email or phone in accordance with our standard practice regarding technical support for e-commerce platforms such as Shopify, WooCommerce, BigCommerce, Etsy, eBay, Amazon, Walmart, API connection, etc.
    13. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ShipHero’s Terms of Service available in another language, the most current English version of these Terms of Service at https://shiphero.com/terms-of-service/ will prevail.
    14. Tariffs and Taxes. ShipHero is not responsible and does not advise in regard to any tariffs, taxes, or other cross-border fees. You are responsible for seeking legal advice and fully understand what products you can ship across state / international borders and any associated taxes/tariffs that may apply.
    15. Under no circumstances, and at no time, during the Term or after, are you permitted to enter ShipHero’s facilities, fulfillment centers, warehouses, or premises without prior express notice. As your Goods may be commingled with the Goods of other vendors in ShipHero’s facilities, under no circumstances, during the Term or after, may you access the Goods while the Goods are stored in ShipHero’s facilities without the prior express consent of ShipHero.
    16. The failure of ShipHero to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and ShipHero, even though it is electronic and is not physically signed by you and ShipHero and it governs your use of the Service.
    17. Merchant is responsible for providing accurate MSDS paperwork. Merchant is responsible for understanding which products are hazardous materials and the associated regulations.
  3. FULFILLMENT SERVICES The ShipHero Network shall provide the following services via their Fulfillment Network to the Merchant (collectively, the “Services”):
    1. Receive shipments from the Merchant of the Product (this may be referred to as “Product”, “Units”, “Inventory”).
    2. Provide storage for the Inventory in one of the Network’s facilities.
    3. Upon notification by the Merchant of a purchase of Products by a customer, the Network will pick and package the Products from the available Inventory and ship such Products directly to the customer (“End-User”).
    4. ShipHero Network will use appropriate packaging material (i.e., bubble wrap, poly mailers, boxes with void fill, etc.) at its discretion. Packaging material may vary according to availability. Further information on packaging sizes and fees is available here.
    5. ShipHero’s proprietary platform and associated technology will include a summary of all orders shipped and received.
    6. ShipHero Network will facilitate any Product returns from the End-User to the Merchant after approved pricing and scope of work is agreed to by the two partiers.
    7. ShipHero pricing is based on leveraging ShipHero’s network of warehouses. By agreeing to these terms, you allow ShipHero to move your inventory across facilities if your agreement states this in Section 8. Otherwise, see Section 3 of your agreement for Fulfillment Network Pricing.
    8. Larger orders that need to be packed in three or more packages will potentially be subject to additional fees.
    9. Merchant agrees that ShipHero is never liable for any indirect damages while performing Fulfillment Services for Merchant. Direct damages will be limited to actual lost or damaged inventory as described in these TOS. Additional credits may be applied by ShipHero at ShipHero’s discretion for missed SLAs.
  4. COMPENSATION AND REIMBURSEMENT FOR SERVICES The Merchant agrees to pay ShipHero for the Services in the amounts outlined in Merchant’s Agreement. “Service Fees” are the fees for any Service and any third-party fees (including, but not limited to, storage, labor, packaging, carrier fees, shipping fees, rates of duty, international brokerage charges, freight charges, insurance premiums, penalties, or other charges given during Merchant’s use of the Service). Merchants shall pay the following Service Fees, which may be adjusted occasionally.
    1. Receiving: ShipHero will establish fees based on each agreement. Additional fees will apply if the products are not shipped to the warehouse in accordance with Shipping Plan requirements. We reserve the right to charge special project fees if your inventory arrives in violation of our guidelines.
    2. Account Setup: $0
    3. Storage – Monthly:
      1. The storage rate is outlined in Merchant’s agreement
      2. Marketing Promotions – ShipHero reserves the right to run promotions around free storage for certain new customers. The waiving of certain storage fees for certain merchants is solely at the discretion of ShipHero.
    4. Pick & Pack + Shipping: Fees are based on a combination of product weight, shipment dimensions, shipment end-weight, origin/destination zone profile, and either standard or expedited carrier speed. Review your agreement for applicable fees per shipment.
    5. Expedited shipping: ShipHero is not liable for expedited shipments that do not ship or arrive on time. For Expedited shipments over 10 units/picks – you must contact ShipHero separately, and ShipHero is NOT responsible for fulfilling Expedited orders with 10 or more picks/units. These are bulk shipments and are not covered in expedited shipping.
    6. Dimensional Pricing:
      1. IMPORTANT: When the dimensional weight is greater than the actual weight, the dimensional weight is used instead of the package’s actual weight. DIM Weight (Lbs) = L * W * H / 166 – no exceptions.
      2. We rely on package dimensions to calculate package DIM weight unless the product dimensions are greater. The greater of the two dimensions (package or product) is the DIM that will be used.
      3. DIM Weight is ignored ONLY if both of the following conditions are met:
        1. Package weight < 1 pound, or
        2. Volume < 1 cubic foot
      4. ShipHero does NOT round up package weights under 1lb.
        1. Any value between 7.01 oz. and 7.99 oz. will be billed as (< 0.5lb)
        2. Any value between 15.01 oz. and 15.99 oz. will be billed as (< 1lb)
    7. End Weight: This is the final weight of the item to be shipped, including the mailer or box and any necessary packing material. IMPORTANT: Some weight discrepancy is expected due to the ordinary course of business. Shipments of 2+ lbs with a weight discrepancy of 1 lb or less and shipments of less than 1.99 lb with a weight discrepancy of 2 oz or less will not be investigated for billing discrepancies. Further investigations will only go back 60-days from Merchant alerting ShipHero of a potential discrepancy.
    8. Peak Shipping: We do not guarantee Shipping Service Level Agreements during peak. 
      1. During Peak Season (generally October 31 – January 15), Shipment processing for Standard shipping can take 5-7 business days. 
      2. During Peak Season (generally October 31 – January 15), Shipment processing from Expedited Shipments shipping can take 3-4  business days. 
      3. ShipHero is not responsible for any refunds, credits, upgrades, penalties, and/or direct or indirect damages for Standard or Expedited orders not fulfilled within our general shipping guidelines (also known as our SLA) as outlined above during Peak Season and non Peak Season.
      4. Merchants must provide ShipHero with accurate sales forecasts for Peak Season within 10%. ShipHero is not responsible for exceeding the weekly Baseline Shipping Volume (BSV) if a forecast is not provided. ShipHero will not issue credits or refunds for this matter.
      5. Extra Large Orders. Orders containing more than 25 units are classified as Extra Large Orders and will be given an additional 5 days to pack. Therefore Shipment processing for Extra Large Standard shipping during Peak can take 5-10 business days.
    9. Returns: Same as order out (shipping label + picking fees). Merchants must be pre-approved by ShipHero for Merchants to have access to Return services. This pricing does not include inspection, testing, or re-bagging. Contact support for pre-approval and standard operating procedure agreement. ShipHero reserves the right not to process returns throughout Peak Season. Regular return processing will resume on January 15, 2024. Please note there will be delays while ShipHero processes the peak season return backlog. ShipHero plans to be caught up with the Peak Season return backlog by February 1, 2024. If a return package arrives at a ShipHero facility from a location originally shipped outside of the ShipHero Fulfillment Network, all items will be disposed of upon receipt.
    10. Labeling / Barcoding: Merchants must send in Products that are labeled – barcoded according to ShipHero’s specifications. Unlabeled items will be assessed a minimum mandatory $0.18 per label fee (the fee may be increased to $0.20 per item in certain situations). Merchants must follow the Labeling/Barcoding specifications outlined in ShipHero’s FAQ and these terms. Barcoding and labeling not complying with ShipHero’s terms will be subject to additional fees.
    11. Label /Barcode Compliance:
      1. Print barcodes from ShipHero
      2. Have the ShipHero warehouse barcode your products: ShipHero offers barcoding on receiving your products. It is a minimum of $0.18 per barcode per application to each unit. If you send in 1,000 units, it will cost $180 to have our warehouse barcode those items.
      3. If Merchant uses their own, they must meet the following requirements:
        1. No duplicate barcodes
        2. At least 5 digits
        3. No non-standard characters (such as emoji)
    12. Merchants will be charged (via their credit card on file) daily or weekly (pending on volume and holidays) for all storage and orders that are placed, picked, packaged, and shipped that day/week. If no orders are shipped, meaning Merchant has not received any orders, then ShipHero will charge the Merchant their applicable storage fee on a weekly basis.
    13. ShipHero reserves the right to change any and/or all Fees and Compensation without notice.
    14. Packaging. We provide standard packaging. Packaging for delicate items may come with additional fees. Carriers are extremely rough with handling packages. ShipHero does not guarantee that packaged items will not be damaged in transit. ShipHero is not liable for items that are damaged in transit. Merchants can use custom boxes for their orders. Custom packaging is charged for standard pick and storage fees, just like any other inventory.
    15. Holidays. We ship Monday – Friday, excluding all bank / postal holidays. Even if items are packed for expedited or standard, they will not be processed until the next business day.
    16. Carriers. We try our best to have every package reach its final destination. We are not responsible for items our warehouse hands off to carriers and are not delivered. Please note: At peak times, carriers may not scan every package at our facility on pickup – we are not responsible for these packages and the carrier’s conduct.
    17. Domestic and International carrier insurance:
      1. Domestic: We cannot guarantee that carriers will get your package to the final destination. We do not file claims for USPS. Please contact us if you would like to purchase additional insurance.
      2. International is up to $100.00 coverage per shipment for PLY54 Parcel Standard and PLT60 (Parcel Direct). Claims for International are filed on the web portal. Claims for International must be filed after 45 days but no later than 60 days from the shipping date. Additional Insurance can be purchased from our insurance provider U-Pic.
    18. Damages – Credits. ShipHero is not responsible for any damage (direct or indirect) in storing, picking, packing, and shipping inventory. Any damages that may occur need to be covered by the merchant’s insurance. This includes but is not limited to inventory damaged in transit on the way to the end customer. 
      1. Maximum reimbursement for wrong shipments, non-shipments, and swapped shipments is limited to the shipping and/or return fees (at ShipHero’s discretion). 
      2. ShipHero is not responsible for the cost of product/inventory that may be lost due to shipping errors. 
      3. Inventory lost in the warehouse will be rectified as a credit to the Merchant account. 
      4. If the inventory is found within 45 days of merchant notice of “loss,” credit will be withdrawn. 
      5. All reimbursements will be issued as ShipHero credits for future shipping and storage costs.
    19. Receiving. We reserve the right to refuse inventory that violates our receiving guidelines. At ShipHero, charges may apply per unit or per hour for products such as apparel, jewelry, and similar items that need to be counted and verified. There are no guarantees on receiving inventory during peak season or if items are in violation of our receiving guidelines. Please see the full Receiving Guidelines here that are part of these terms and conditions:
      1. ShipHero can reject a Shipping Plan if:
        1. It is delivered outside of our normal business hours.
        2. A receiving appointment has not been scheduled with the warehouse.
        3. Receiving guidelines are not followed.
        4. Merchant agrees that ShipHero will not be liable for rejecting delivery and not receiving inventory.
      2. Merchants may see delays in receiving if:
        1. The Shipping Plan is non-compliant.
        2. The Shipping Plan contains mixed cartons.
        3. Inventory is load balanced at the time of receiving.
      3. Estimated (ShipHero will not incur liability for inventory that is not received within these time frames) receiving timelines:
        1. Less than 6 pallets (small parcel shipments included): (3-5) three to five business days from arrival. During peak season, receiving can take (5-7) five to seven business days.
        2. More than half a container and less than a full container: (7) seven full business days from arrival. During peak season, receiving can take (9) nine business days.
        3. More than a full container and less than two (2) full containers: (10) ten full business days. During peak season, receiving can take (12) twelve business days.
        4. If inventory is load balanced at the time of receiving, it may take up to (3) three weeks to be moved to a sellable location. ShipHero reserves the right to remove and transfer your goods at any time for any reason, including, without limitation, optimization of ShipHero’s fulfillment network to another ShipHero facility.
    20. Fragile items. ShipHero Fulfillment will only store, pack, and ship jewelry, makeup, and/or fragile items if they come pre-packed in a sealed and barcoded protective box. You must be pre-approved to have ShipHero fulfill any fragile items. Items that arrive at the warehouse “loose” or not in a sealed container will be returned to the manufacturer or merchant at the merchant’s expense.  If ShipHero and Merchant agree to provide additional services around protective packaging, it will be at the expense of the Merchant.  ShipHero does not assume liability for fragile items broken in receiving, storing, processing, and shipping.
    21. Address Change/Correction Charges: ShipHero reserves the right to charge merchants for any address changes and/or correction charges implemented by carriers. ShipHero can look back up to twelve (12) months on these charges.
    22. Inventory shrinkage refers to the loss, theft, miscounting, or damage of goods in the warehouse. It can also be the result of incorrect outgoing inventory. Third-party warehouse provider standards for shrinkage range between 2%-10%. At ShipHero, we work to keep shrinkage under 3%. If shrinkage is over 3% of the Merchant’s total inventory, at a given time, then ShipHero will credit the Merchant’s manufacturer’s product cost above the 3% shrinkage. Shrinkage accounting of 3% is accounted for across all SKUs, not individually. As an example, if shrinkage is 5%, the Merchant will be entitled to credit of 2% of their lost product. Merchant must provide a legitimate invoice (purchase order) for lost inventory to receive a credit. Credit will never exceed 35% of the Merchant’s normal selling price after discounts and promotions for the item. The credit will be withdrawn if a “lost” product is found or added back into inventory within 180 business days. Final accounting and inventory reconciliation can be within 12 months.
    23. ShipHero reserves the right to charge merchants for unexpected carrier surcharges. These can include but are not limited to:
      1. Delivery to a super remote area
      2. Extended area surcharge and
      3. Extra Care
      4. Canadian extended surcharge
      5. Address corrections or wrong address
      6. Delivery attempts to a new address or multiple attempts
      7. Additional handling based on length, weight, DIM, packaging
      8. Inside delivery
      9. International clearance services and related fees
      10. Peak surcharges
    1. Merchant payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreement”). By agreeing to these Terms or continuing to operate as a Merchant on the Service, you agree to be bound by the Stripe Service Agreement, as Stripe may modify the same occasionally. Merchant agrees to provide ShipHero with accurate and complete information about Merchant and their business, and Merchant authorizes the necessary sharing of such information with Stripe.
    2. When you use the Service, all charges for the Service and any additional fees payable to ShipHero will be charged to the credit card associated with your Stripe account. Merchant agrees to pay ShipHero the amount that is specified in accordance with these Terms. If the Merchant disputes any charges, you must inform ShipHero within thirty (30) days after the invoice date.
    3. Merchant agrees and acknowledges that ShipHero shall maintain a warehouseman’s lien under the UCC for all Goods in the Network’s possession, regardless of whether a specific receipt is issued by ShipHero, to cover all charges outlined in this Agreement. In the event ShipHero is required to exercise its lien, the Merchant shall be responsible for all necessary and reasonable costs incurred by ShipHero, including, but not limited to, reasonable attorney fees.
    4. If Merchant fails to make payments within seven (7) days after the date of an invoice, all Services shall stop until ShipHero receives payment. Furthermore, after Thirty (30) days of non-payment, ShipHero has the right to automatically charge the saved payment method on file or any payment method used in the past for the amount due.
    5. Merchant acknowledges that it is responsible for and agrees to reimburse ShipHero for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by ShipHero (including costs and related expenses) that are caused by or arising out of payments that Merchant authorizes or accepts.
    6. Unless otherwise specified, all dollar amounts stated in this Terms of Service and the website will be in US dollars.
    7. All fees due for the cost of the Product shall be paid directly by the End-User to the Merchant. Under no circumstances shall ShipHero accept, receive, or otherwise be held responsible for payments from an End-User made in exchange for the Product. 
    8. ShipHero reserves the right to stop shipping if the merchant does not provide a valid credit card.
    9. ShipHero reserves the right to dispose of/donate inventory if the Merchant’s account remains unpaid for thirty (30) days.
    1. Merchant hereby agrees that at no time during the period that Products are held by ShipHero Fulfillment Network as Inventory will ShipHero or the Network hold title or any other ownership rights in the Inventory. Title in Inventory will continue to be held by Merchant until the Products are delivered to the End-User.
    2. Merchant hereby agrees that at no time during the period that the Fulfillment Network holds Products as Inventory in the Warehouse will ShipHero or the Fulfillment Network carry the risk of loss in the Inventory. The risk of loss in Inventory will continue to be held by Merchant until the Products are delivered to the End-User.
    3. Merchant hereby agrees that it is the Merchant’s responsibility, at all times, to maintain an insurance policy that covers the cost of the Products held in Inventory. Merchants can add a Fulfillment Network warehouse as a designated storage location to Merchant’s general inventory policy.
    4. Merchant acknowledges that the Goods stored or warehoused by ShipHero Fulfillment Network are not insured against loss or damage by ShipHero or the Fulfillment Network. Merchant shall be solely responsible for obtaining insurance coverage for the Goods.
    5. Merchant agrees that ShipHero’s and the Fulfillment Network’s liability for any damage caused to the Goods shall be limited to the actual product value, which the original purchase invoice from the manufacturer/supplier shall measure. ShipHero shall not be liable for any loss or damage to the Goods unless the loss or damage was directly caused by ShipHero’s gross negligence or willful misconduct.
    6. In the event of a lost or damaged order, ShipHero will file a claim with Carrier for Goods valued at less than or equal to $100.00. ShipHero WILL NOT file claims for Mail Innovation, DHL Global Mail, SurePost, Purolator, Canada Post Regular Parcel, USPS Media Mail, or USPS First Class Shipments unless additional shipping insurance is purchased. A credit will be applied on the next invoice for the amount the Carrier paid to ShipHero. If the carrier denies the claim, the Merchant agrees that under no circumstances will ShipHero be liable for more than $50.00 per shipment. Merchant agrees that ShipHero will not be liable for lost or damaged orders.
    7. Merchants can choose not to insure their inventory. In any event, ShipHero and the Fulfillment Network will not be liable for any loss or damage to the inventory stored.
    8. Merchant agrees that they do not violate any local, state, or federal law by selling, storing, and distributing Merchant products.
    9. Insurance. ShipHero does not insure against loss or damage to your goods, products, or inventory stored or warehoused by ShipHero. You are responsible for obtaining insurance coverage for your goods, products, or inventory and the costs associated with such insurance. The decision to purchase insurance is yours alone. If you obtain insurance, you should advise your insurance broker or agent that ShipHero load balances your goods, products, and inventory as described here. Your inventory could be held at any of our ShipHero warehouse locations, which can be found here. Please provide pertinent information to your broker or agent regarding ShipHero’s operations and the potential location of your goods, products, or inventory to ensure appropriate and thorough coverage. In the event of a loss, ShipHero is not responsible or liable if insurance coverage is not afforded for the goods, products, or inventory or if coverage is denied.
  7. CBD Fulfillment 
    1. CBD-based products. Merchant certifies that they have reviewed and are in total compliance with all State and Federal regulations. Merchant further certifies that they have reviewed and complied with all USPS shipping obligations and regulations.
  8. Lots and Expirations
    1. If the Merchant adds the visible products’ lots, expiration dates, and/or numbers, then ShipHero will treat the product as requiring lots and expiration tracking. ShipHero is not responsible for relabeling or changing lots’ dates on products. It is at ShipHero’s discretion to refuse and dispose of products that do not have appropriate expiration dates. Each product / SKU unit that requires tracking will incur a $0.05 shipping fee per unit shipped. At times ShipHero will allow for Production Run documentation in lieu of expiration, but this must be approved in writing by ShipHero. Tracking is not optional as per FDA regulations.
  9. Termination
    1. If the merchant chooses to terminate fulfillment with ShipHero, the merchant must give 30 days’ notice. ShipHero will use best efforts to palletize all on-hand merchant inventory within 30 days of notice – this is the removal period. ShipHero has no obligation to palletize or aggregate on-hand merchant inventory during peak season (October 31 – January 15). The 30-day removal period will cease during that time. If notice is given on November 9th – the 30-day removal time clock will not start until January 6th. Merchants will be charged $45 per hour for all labor associated with removal, shipping, and forwarding costs.
    2. ShipHero reserves the right to terminate fulfillment services for merchants at any time. ShipHero will charge $45 per hour for all labor associated with removal upon the termination of services.
    3. ShipHero reserves the right to stop receiving merchant inventory.
    4. ShipHero reserves the right to dispose of/donate inventory if Merchant’s account remains unpaid for thirty (30) days.
    5. ShipHero reserves the right only to start the removal process once the merchant’s outstanding debt has been paid and a valid credit card is on file.
    6. ShipHero reserves the right to remove the product if it violates our terms of service or any local or federal law.
    7. The disposal fee is $0.93 per pound. This includes labor charges. Depending on the amount of inventory being disposed of, additional dumpster fees may apply if a dumpster needs to be ordered.
    8. With regards to ShipHero’s Privacy Policy, explicitly referencing the retention period, we reserve the right to keep payment information on hand for up to 90 days post-termination in the event of a chargeback or merchandise returns for shipping and transfer fees; this ensures we are aligned with our Posted Privacy Policy to help resolve any possible disputes.

Schedule C – Section 321

IMPORTANT: Please review Section 321 restrictions. Note not all US-bound shipments are covered by Section 321. These include but are not limited to goods, regardless of value, needing inspection as a condition of release; merchandise subject to Anti-Dumping Duty (ADD) and/or Countervailing Duty (CVD).

Products that are regulated by the following Participating Government Agencies (PGAs):

  • Food and Drug Administration (FDA) with some exemptions
  • Food Safety Inspection Service (FSIS)
  • National Highway Transport and Safety Administration (NHTSA)
  • Consumer Product Safety Commission (CPSA)
  • U.S. Department of Agriculture (USDA)

Customs Clearance:

  1. Merchant and/or the recipient of the goods shall be responsible for any customs duties, excise duties, and other costs payable on any goods as determined or required by any international customs authority.
  2. Merchant shall provide any and all relevant information to Fulfillment Company required by any customs authorities in any jurisdiction and hereby authorizes Fulfillment Company to transmit such information to the requesting customs authority in accordance with the laws in force in the requesting jurisdiction.
  3. Merchant waives any right to compensation, refunds, reimbursement, or credits for goods that customs or other governmental authorities rejected. Merchant agrees that rejected goods may be confiscated or destroyed without compensation, refunds, reimbursement, or credits.
  4. Fulfillment Company is not liable for any rejection of goods, any other issue(s) that arises with respect to a customs authority, and/or any decision(s) by a customs authority, including but not limited to any duties, taxes, fees, costs or other liabilities. 
  5. Fulfillment Company is not responsible for any Duty Relief Programs or Duty Deferral.

Basic Carrier Limitations: Fulfillment Company will not carry any of the following on behalf of the Merchant:

  1. Packages over $800.00 (USD) in value headed to the United States of America from Canada.
  2. FDA products sent to the United States of America without FDA prior notice submission by Merchant.
  3. Hazardous materials and/or banned substances.
  4. Illegal goods or weapons.
  5. Aerosol.
  6. Products with trademark or labeling violations.
  7. Products with false health claims.
  8. Products that infringe on copyright or trademark protections. 

The foregoing limitations list shall be subject to revision by the Fulfillment Company from time to time at its sole discretion. Merchant shall, at its own expense, indemnify, defend and hold Fulfillment Company, its respective directors, officers, employees, and agents, harmless from and against any third-party claims, causes of action, demands, obligations, lawsuits, liabilities, damages, fines, penalties, judgments, settlements, costs, expenses (including reasonable attorneys’ fees) or other third party losses of any kind (any of the foregoing hereinafter referred to as “losses”) insofar as such losses arise out of Merchant’s breach of any of the basic carrier limitations identified above.