Terms of service | ABY Medical Courier

ABY MEDICAL COURIER TERMS OF SERVICE

These Terms of Service (“Terms”) govern the provision of courier and logistics services by Aje By Yara Multiservice Inc d/b/a ABY Medical Courier (“ABY,” “we,” “us,” or “our”) to its customers (“Customer,” “you,” or “your”). By requesting or using ABY’s services, you agree to be bound by these Terms.

1. Acceptance of Terms

By engaging ABY for any delivery services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use our services.

2. Definitions

“Shipment” means any package, envelope, container, or item tendered to ABY for transportation.
“Medical Shipment” means any Shipment containing laboratory specimens, diagnostic samples, pharmaceuticals, medical records, medical supplies, or other healthcare-related materials.
“B2B Shipment” means any Shipment containing business documents, supplies, or small commercial products.
“Hazardous Materials” or “HazMat” means any material regulated under 49 CFR Parts 100–180.

3. Description of Services

ABY provides scheduled, same-day, and STAT courier services for Medical Shipments and B2B Shipments primarily within Central Florida. Services may include temperature-controlled transport when requested and available. ABY does not provide air transportation or international services unless separately arranged in writing.

4. Customer Responsibilities

You are authorized to tender the Shipment.
All information provided is accurate and complete.
The Shipment is properly packaged, labeled, and documented in accordance with all applicable laws and regulations.
You have complied with all legal requirements for offering the Shipment for transport.

5. Prohibited and Restricted Items

ABY prohibits transportation of the following items (this list is not exhaustive):

Category A infectious substances
Regulated Medical Waste (RMW) unless specifically authorized in writing
Human remains, organs, or cadavers
Illegal drugs, controlled substances (without proper authorization), or drug paraphernalia
Firearms, ammunition, explosives, or weapons
Hazardous waste
Live animals or plants
Cash, negotiable instruments, or valuables exceeding declared value limits
Any item that is improperly packaged, leaking, emitting odors, or poses a safety risk

ABY reserves the right to refuse any Shipment at its sole discretion.

6. Hazardous Materials Policy

ABY transports certain Hazardous Materials only when they qualify for regulatory exceptions under 49 CFR, including Limited Quantity, Excepted Quantity, and Materials of Trade (MOT) exceptions.

You acknowledge and agree that:

You are solely responsible for proper classification, packaging, labeling, marking, and documentation of any Hazardous Material.
ABY will only accept HazMat shipments that qualify for exceptions and do not require vehicle placarding or a HazMat-endorsed driver.
ABY does not transport materials requiring full HazMat compliance unless separately authorized in writing.
You must inform ABY in advance if a Shipment contains Hazardous Materials and provide all required documentation.

7. Packaging and Labeling Requirements

You are responsible for ensuring all Shipments are properly packaged to protect the contents and prevent leakage or damage during normal handling, and that they are correctly labeled and documented in accordance with applicable regulations.

8. Limitation of Liability

ABY’s liability for loss, damage, or delay is limited as follows:

ABY’s maximum liability shall not exceed $100 per Shipment unless a higher declared value is requested in writing, accepted by ABY, and additional charges are paid.
ABY is not liable for consequential, incidental, special, or punitive damages, including lost profits or business interruption, regardless of foreseeability.
ABY is not liable for loss or damage caused by events beyond its reasonable control, including acts of God, weather, traffic, or improper packaging by the shipper.

9. Insurance

ABY maintains commercial automobile liability insurance and general liability insurance as required by applicable law and DOT regulations.

ABY also maintains cargo insurance to cover loss or damage to shipments while in its care, custody, and control, subject to the limitations set forth in these Terms. Coverage details, limits, and deductibles are available upon request.

Customers are encouraged to obtain their own insurance for high-value, irreplaceable, or time-sensitive shipments. ABY’s cargo insurance does not cover consequential damages, loss of profits, or special damages.

10. HIPAA and Confidentiality

When handling Medical Shipments containing Protected Health Information (PHI), ABY acts as a Business Associate under HIPAA and will maintain appropriate safeguards to protect such information. A separate Business Associate Agreement (BAA) may be executed upon request.

11. Temperature-Controlled Shipments

ABY will use reasonable efforts to maintain requested temperature ranges. However, temperature excursions may occur due to factors beyond ABY’s control. ABY does not guarantee uninterrupted temperature control unless a validated cold-chain process with monitoring devices is specifically agreed upon in writing. You are responsible for using appropriate packaging for temperature-sensitive items.

12. Claims Procedure

All claims for loss or damage must be submitted in writing within 48 hours of delivery (or expected delivery for lost shipments), along with supporting documentation. Failure to provide timely notice may result in denial of the claim.

13. Payment Terms

Payment is due according to the terms stated in your service agreement or invoice. Late payments may result in fees and suspension of service. ABY reserves the right to require prepayment for new or high-risk accounts.

14. Cancellation and Refusal of Service

ABY may refuse service or cancel any pickup or delivery if the Shipment violates these Terms, poses a safety risk, or if you fail to provide required access or information. Cancellation fees may apply for last-minute cancellations of scheduled services.

15. Indemnification

You agree to indemnify, defend, and hold harmless ABY, its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, improper packaging or declaration of contents, or any regulatory violation by you as the shipper.

16. Governing Law and Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Orange County, Florida, and each party hereby consents to the personal jurisdiction and venue of such courts.

17. Dispute Resolution

The parties agree to attempt good-faith negotiation to resolve any disputes. If a dispute remains unresolved, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise prohibited by applicable law.

18. Miscellaneous

These Terms, together with any service agreement, rate sheet, or addendum, constitute the entire agreement between the parties.
ABY may update these Terms from time to time. Continued use of services after changes constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
ABY may subcontract services to qualified independent contractors while remaining responsible for performance under these Terms.

Contact Information:

ABY Medical Courier

450 S Orange Ave. Suite 300. Orlando, FL 32801

Phone: (305) 351-6434

Email: info@abymedicalcourier.com