Ship My Orders Inc.
Terms of Service
- Intro, scope, representations, company
- Storage, Inventory Management policies
- Inbound Shipments Policies (PO Receiving)
- Outbound Shipments Policies
- Project Policies
- Account Management Policies
- Disclaimers, Liability, Governing Law
1 INTRO, SCOPE, REPRESENTATIONS, COMPANY
These Terms of Service (referred to herein as “TOS”) govern the dealings and form a contract between
Ship My Orders, Inc. a Nevada Corporation providing Order Fulfillment, Storage, Inventory Management and other related services (referred to herein as “Ship My Orders” or “SMO”) and the person or entity to whom Ship My Orders is rendering service, as well as their principals, agents and/or representatives of the Company while acting within the scope and course of their employment (referred to herein as “Client”, “Organization” or “You”)
The TOS are published at http://www.shipmyorders.com/TOS/ and may be amended to reflect changes in Company policies. These changes could happen over time with or without notice, the last version published online will prevail over any other existing version.
These TOS are not comprehensive and may not cover services involving freight forwarders, etc. subject to their own Terms of Service.
- Hazardous products.
- Flammable liquids and chemicals.
- Any product related to illegal activities including fraudulent or counterfeit products.
- Any illegal product under the applicable laws in the jurisdiction where our warehouse is located, the product’s place of origin, sites through which the products travel or its destination.
- Any product requiring specific license to store or distribute in the jurisdiction where our warehouse is located, the product’s place of origin or its destination. Examples of products with distribution and licensing requirements may include, but are not limited to:
- Live plants and animals
- Alcoholic beverages
- Ammunition & firearms, weapons and knifes
- Prescription pharmaceuticals
- Explosive or hazardous products
- Unique or one-of-a-kind materials
- Precious metals (gold, silver, etc.)
- Any Product with monetary value (e.g., cash equivalents, gift cards, money orders, checks, coins)
- Vintage or antiques.
- Used and previously-owned products.
- Products requiring Cold/ Freezer Storage
- Any product requiring a Material Safety Data Sheet (MSDS)
Products Requiring Explicit Approval
For the following types of products, you must obtain written approval from Ship My Orders prior to sending to any of our locations. These types of products have unique characteristics that require special attention or limitations of service by Ship My Orders.
Ship My Orders is not responsible for any processing delays or costs associated with a failure to obtain approval in advance for the following:
- Any Product with specific storage or transportation restrictions and/or limitations (e.g., lithium-ion batteries and/or climate controlled warehouse products)
- Food products.
- Oversize and overweight products.
- High-value products (Products with a replacement value over $500 per item)
- Temperature- and pressure-sensitive products, including:
- Products that would become brittle or otherwise be damaged in temperatures under 32° F (0° C)
- Products that would melt or otherwise be damaged in temperatures over 90° F (32° C)
- Products susceptible to damage because of any condition that may be encountered in air transportation, such as high or low temperature, high or low atmospheric pressure, or sudden changes in either
- Non-conveyable products, including:
- Products with any dimension longer than 24 inches
- Individual products weighing over 70 lbs (32 Kg)
- Adult, “Adult use only”, adult-oriented, or adult-themed products requiring special handling including any products containing adult-themed packaging or images
- Products containing perishables, or liquids of any kind
- Posters or flyers which require rolling or packaging to prevent crushing
- Products or product packaging that are susceptible to damage through ordinary handling or extended storage
- Fragile Products, not passing a 4-foot drop test onto a hard surface or not able to withstand a full minute vigorous shaking (FMVS) test without any contents breaking.
- Inventory that needs to be tracked by lot, production date, expiration date or serial number.
- Any product requiring special attention from us unless you first notified us and obtained our prior written approval.
Please note that carriers and insurance, and specific product destinations, may have additional limitations, prohibitions or fees beyond those of Ship My Orders, for which you are solely responsible in accordance with the applicable terms and conditions of such carrier’s insurance policies and/or governmental bodies.
You are expected to conduct an independent research to ensure that the products sent to our warehouse are in compliance with the foregoing limitations.
Ownership of Inventory
Client warrants that it is the lawful owner and/or has lawful possession of the Inventory tendered for storage. Client warrants that it has sole legal rights to store, release, instruct about the delivery and disposition of such inventory.
Client agrees to notify all parties acquiring any interest in the Inventory of the terms and conditions of these Terms of Service.
Client will indemnify and hold Ship My Orders harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Inventory, or from any other services provided including any legal fees or costs incurred.
These terms and conditions constitute a security agreement. To secure Client’s performance of its obligations under these terms and conditions, or any invoice, Ship My Orders shall have a general and continuing lien on and security interest in any and all goods and other property of Client of which Ship My Orders has actual or constructive custody, possession, or control, whether or not the unpaid amount or unperformed obligation is related to the property for which Ship My Orders imposes its lien.
If a Client wants to withdraw their inventory or close their account, Ship My Orders may refuse to surrender possession of the Inventory until all outstanding invoice balances or debts are paid in full. If such amounts remain unpaid for 60 days after Ship My Orders’ demand for payment, Ship My Orders may sell the Inventory at public auction or private sale or in any other manner reasonable, and shall apply the proceeds of such sale to the amounts owed. Client remains responsible for any outstanding balance to Ship My Orders.
ENVIRONMENTALLY Controlled Storage
Unless specifically agreed to in writing, Ship My Orders shall not be responsible for storage of the Inventory in a temperature or humidity controlled environment. Client knowingly accepts that the Inventory will be warehoused in a non-temperature/humidity controlled environment. Ship My Orders will not be responsible for any loss or damage to the Inventory that result from fluctuations in temperature range or in humidity levels of the warehouse. Ship My Orders will furthermore not be responsible for losses or damages incurred to Perishable Inventory, unless otherwise agreed to in writing prior to tender of the Inventory for storage.
Disposal of your merchandise may be subject to additional handling and fees. The inventory will be typically handled as a normal outbound order.
Damaged inventory, inventory requiring inspection or inventory that needs to be disassembled prior to disposal may incur additional handling charges. Unless the quantities to dispose are very small, any disposal request will incur waste removal charges to cover Ship My Orders costs.
Certified disposal could be arranged via project if necessary. Ship My Orders at its discretion may refuse to accept a disposal order. Storage fees will be required until all items are disposed of or shipped out.
Handling physical products could result in loss or damage of Inventory. Shrinkage defined as the difference between the inventory stock recorded in the books and the actual physical inventory count. It can be due to multiple factors and it is an accepted part of business.
Current standard ratios range between 2% to 3% of products received.
At Ship My Orders we try to maintain the highest standards, however occasionally it is inevitable to experience concealed shortages, product damages, mislabeled, miss-picked Inventory and/or cross-shipments. Ship My Orders maintains Client friendly receiving and product labeling requirements which makes things easier for our clients but sometimes adds difficulty to the receiving process, since we do not enforce strict rules for bar coding and labeling.
Ship My Orders will guarantee a 98% Inventory Accuracy Ratio (2% shrink allowance)
Ship My Orders shall not be liable for any Customer losses as a result of inventory shrinkage within this limit.
Ship My Orders will replace such percentage of inventory under this mark, as determined by Ship My Orders in its sole discretion, and at a price equal to the replacement cost for the same or substantially similar inventory.
It will be calculated as the inventory surplus minus inventory shortages, as measured by dollar value of the discrepancy and a percentage of total inventory value at cost over the period of one year and two inventories. Using the physical counts by Ship My Orders as a beginning inventory, shortages will become payable only after two consecutive inventory shortages. The difference over the previous two inventories shall be carried to the next inventory. Payment for the first shortage after two consecutive shortages will be made after the reconciliation of the second shortage.
Exceptions for the calculation of the amounts
Receiving is performed at the highest unit of measure (pallet or case) in which the SKU arrives, but each individual item is not inspected and counted. The Ship My Orders Inventory Accuracy guarantee is subject to the following:
- Adjusted PO receipts – Adjustments.
On occasion concealed receiving mistakes can be detected long time after a PO was originally received. In those cases, we do not go back to the original PO and modify it, but we will introduce an adjustment in that SKU with an explanation for the adjustment. These justified adjustments will be considered to offset possible discrepancies in levels. Explainable, offsetting Inventory adjustments based on miss-marked Inventory or receiving Inventory errors will not be deemed an Inventory shrinkage event or lost Inventory.
- Low Inventory Items
Ship My Orders will only provide the Inventory Accuracy guarantee for each category/type of inventory stock that has at least 10 items listed in inventory at that time.
- Product Returns
Returns of product shipped between measurements dates will not be counted for purposes of Inventory Accuracy
- Vendor/Manufacturer Shipment Errors
Very often vendors send mislabeled boxes, or the number of items on the packing slip is different than the actual item count for that box. To the extent that Inventory discrepancies can be attributed to such shipment errors, such inventory will not be counted for purposes of the inventory accuracy calculation.
- Customer Negligence
- Any issue caused by Customer negligence is not covered by this Inventory Accuracy guarantee.
- Eligibility Conditions:
- Account must be current. Review of credit request will be delayed until all balances are paid.
- Finality of Decisions
- Awards or denials of credits will be made at the sole discretion of Ship My Orders. The issuance of credits will be the exclusive remedy for Customer for any failure of Inventory Accuracy guarantees.
- Credit Limit
- A credit cannot be greater than the Customer’s average monthly Invoice.
Ship My Orders will perform 1 physical count per calendar year at the customer’s request. Any additional counts will be billed at the regular admin/warehouse hourly rate.
Physical counts need to be scheduled at least 1 week in advance, subject to Ship My Orders availability. These cannot be scheduled on a Monday or during the seasonal peaks of November and December.
All day to day activity and inventory movement, inbound (POs, returns) or outbound (orders) have to be stopped to obtain an accurate count. Order data cannot be modified in the system either, integrated software processes need to be temporarily stopped as well.
- Ship My Orders shall not be liable for any loss or destruction of or damage to the Inventory, however caused, unless such loss, damage or destruction resulted from SMO’s failure to exercise such care in regard to the Inventory as a reasonably careful person would exercise under like circumstances. Ship My Orders is not liable for damages which could not have been avoided by the exercise of such care. Ship My Orders and Client agree that SMO’s duty of care referred to herein shall not extend to providing a sprinkler system and burglar alarm monitoring system at all their Distribution Centers or any portion thereof.
- In no event shall Ship My Orders be liable for any loss or damage caused by:
- Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical or equipment failures; cyber-attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the Inventory; perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control;
- Fragile articles injured or broken, unless packed by Ship My Orders employees and unpacked by them at the time of delivery;
- Pilferage or theft, unless such loss or damage is caused by the failure of Ship My Orders to exercise such ordinary care required by law; and
- Concealed damage, or for losses incurred due to the concealed damage of the Inventory.
- Monetary Maximum Liability: In the event of loss or damage to the Inventory for which Ship My Orders is legally liable, Ship My Orders’ liability shall be limited to actual manufacturer price of the Inventory, subject to a maximum of USD $.50 per pound of Inventory stored, unless Client declared a higher value for the Inventory and Ship My Orders agreed in writing to purchase insurance for the Inventory at Client’s benefit, and Client had paid the supplementary charge in accordance with the terms herein.
- In no event shall Ship My Orders be responsible for loss or damage to documents, stamps, securities, artwork, heirlooms, jewelry or other articles of high and unusual value unless a special agreement in writing is made between Ship My Orders and Client with respect to such articles.
- No Consequential Damages. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF SHIP MY ORDERS’ DUTIES, NEGLIGENCE LIABILITY WITHOUT FAULT OR ANY OTHER LEGAL THEORY OR BASIS, SHALL Ship My Orders BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, LOSS OF USE OF INVENTORY, COST OF SUBSITUTED INVENTORY, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT Ship My Orders HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
Ship My Orders does not insure the Inventory while in storage and the storage rates or charges billed to Client do not include any insurance on the Inventory. The Inventory will therefore not be insured for any loss or damage, and the limitation of Liability set forth in the previous paragraph shall apply in all circumstances where Ship My Orders is legally liable for such loss or damage, unless the Client has requested in writing that Ship My Orders obtain insurance for the Client’s benefit, Ship My Orders agreed to get such coverage and the Client has paid the required premium to Ship My Orders for such insurance. Except as provided above, Ship My Orders will not obtain insurance on the Inventory for Client’s benefit while the Inventory are being stored at SMO’s facility.
When Shipping to our Nevada DC
Your Company Name
2567 W Cheyenne Ave
North Las Vegas, NV 89032
When Shipping to our Tennessee DC
Your Company Name
1401 Poplar Ln
Nashville, TN 37210
Please do not send any Inventory Shipments via freight or small parcel to Ship My Orders as the recipient. That will delay the processing of the merchandise and will not help with the delivery. Our Distribution Centers normally keep a low profile with very discreet or no signage on the outside, truck drivers only need to have a correct address.
North Las Vegas, Nevada DC
Days: Monday through Friday
Hours: 8:00 AM to 4:00 PM
Dock Appointment will be necessary for floor loaded containers with a minimum advance notice of 3 business days. Floor Loaded containers showing up without an appointment may be subject to an additional $50.00 unloading fee or may be turned away if our warehouse team is unable to accommodate the unannounced request.
Palletized deliveries can show up without an appointment
Nashville, Tennessee DC
Days: Monday through Friday for small parcel, LTL and regular freight shipments
Tuesday through Friday for Floor Loaded (non-palletized) containers
Hours: 10:00 AM to 5:00 PM
Dock Appointment is always necessary.
Palletized merchandise: minimum of 2 business days in advance.
Floor loaded containers: minimum of 3 business days in advance.
Floor loaded containers showing up without appointment will be asked to return at a later date with an appointment and you may incur into re-delivery charges by the Freight Company.
Call 1-888-355-5545 or email firstname.lastname@example.org For all your dock appointment needs
- Notify us via email with at least 3 business days prior to any incoming shipment arriving. Provide shipping method or carrier, type of shipment (small parcel, LTL, full truckload, container, client drop off), PO#, Vendor and a packing list with the item codes, descriptions and quantities to be received.
- Make sure that the Shipment includes a Packing slip with the following info:
- Manufacturer, Vendor or Supplier name address and phone number.
- Invoice number, PO# and date of shipment.
Order Line Item Info:
- Product SKU or Item Number
- Product Description
- Exact Quantity of the items in the shipment
- Inventory received should be cleanly organized, boxed and/or stacked. SKUs are packaged together, unmixed (no mixed SKU cartons)
- If Mixed SKU cartons cannot be avoided, make sure that boxes containing mixed SKUs are clearly marked on the outside as: Mixed Stock, Mixed SKUs or Mixed Inventory
- If your Account is set up for Barcode picking, make sure that all items included are barcoded
- Inventory is properly packaged with proper labels on the packaging. Each individual item of Inventory has clear product labels corresponding with Product ID (SKU) in your Account
- If any new inventory items are to be included in the shipment, make sure to provide in advance all necessary product information, using the corresponding Inventory Feed Template
- Pallet Weight is recommended to be limited to 2,000 lb. and 60 inches of height
Failure to provide all the necessary information for proper Purchase Order (PO) Receiving will result in unnecessary delays and challenges receiving your products, it could also prevent us from detecting discrepancies with expected quantities and make the receiving times and corresponding hourly charges higher.
Ship My Orders will not be held liable for damages resulting from improper pallet structures or trucks not loaded following standard industry practices for safety and truck compatibility.
Correct Inventory counts are extremely important to maintaining correct inventory levels in the SMO Inventory Management System as well as ensuring order processing is not delayed. Our warehouse team members will follow standard receiving procedures to verify that items received at our locations match the ASN and Packing List documentation.
Inventory counts are not audited or certified accurate.
Standard Receiving Procedures
- SMO Warehouse team members will count case pack quantities for one case per SKU, and extrapolate the total. Quantities will be verified using the external markings on cases.
- Any case with visible signs of damage or tampering will be opened and inspected to look for possible damage or anomalies, this might not be the possible to notice with cases in the internal rows of a pallet.
- Cases with non-standard unit quantities are expected to be explicitly labeled on the outside with the variance quantity count.
- When SMO’s count doesn’t match the quantities described in the packing list there will be a second count to verify or correct discrepancies.
- SMO does not audit for accuracy product dimensions and/or weights.
- Product weights and dimensions will be typically checked the first time that product is received at a warehouse only. After first receipt, Ship My Orders may “spot audit” reported product characteristics for accuracy.
- Auditing inbound receiving item counts, inventory levels, quality control or product attributes (weight and dimensions) can be done at Client’s request as a Project.
Should an inventory discrepancy be found, Ship My Orders’ responsibility is limited to updating the Ship My Orders Account inventory levels to match the discovered actual inventory levels.
Please refer to the Restricted Products and Products Requiring Approval section of the TOS for guidance about acceptable items and notify us of any product that you could suspect could be categorized as Restricted or Requiring Approval before it ships to any of our locations.
Clients that fail to obtain approval prior to shipping such products to Ship My Orders are subject to holds, fees and may have their account suspended.
Ship My Orders may, in its sole discretion, determine that an unacceptable product is Conditionally Acceptable on a client by client basis, with additional terms agreed.
International Inbound Shipments (Imports)
Ship My Orders will not appear as the Importer of Record for your merchandise in any paperwork connected to your import process. Be aware that your company will need to provide their own Tax Id number for that purpose. If you represent a foreign corporation, it is very easy and inexpensive to Incorporate in any state through online companies providing incorporation and registered agent services or directly with the Secretary of State website for the desired state of incorporation. We suggest NV as a good state to incorporate, but you can pick whichever you want, Delaware is a popular one as well.
Ship My Orders will not provide their EIN number for any of the import procedures. You will need to handle any customs related issues and clearance through your own Customs Agent.
Ship My Orders is not liable for any duties, customs or fees related to the inventory. Your International Inbound shipments must be free and clear of all duties and fees and pass customs inspections before arriving at Ship My Orders.
In the case that any merchandise was received, and customs, duties or fees were applicable to the shipment, these fees would be billed to your Account, along with a processing fee.
Inventory may be held from outbound shipment until applicable fees are paid. If notice of fees is determined at a later date, all penalties and holds will be immediate and retroactive.
Service Level, Cut Off Times
We strive to maintain the highest levels of accuracy, reliability and turnaround time in the industry. Ship My Orders is committed to Ship all orders with 100% accuracy within one business day or even the same business day for any regular orders (non-subject to processing exceptions as defined below) received into our SMO System before our cut off time of 12:00 PM PST via direct Web Admin Panel entry or Automated Integration.
Orders exceptions may be subject to further delays or holds in cases such as:
- Orders put on hold for any reason, typically:
- Your request
- Backorders or inventory conflicts.
- Missing or invalid info in the order or address rejected as invalid address
- Incorrect Shipping Service Selected (Private carrier to PO Box, Flat Rate not adequate for weight or dimensions)
- Missing or invalid item information, quantities, customs info for international orders or any other required information
- Pending Bill of Lading
- Any comments in the order by you or your customer that may need resolution or clarification.
- Your account is subject to a Physical Count (normally requested by you, if done internally we will do it in a way that won’t interfere with your shipping schedule)
- Orders contingent to Special Projects (Inventory manipulation, Kitting)
- Non Inventory, Special Orders
- Bulk and Freight Orders
- Order with Non-standard packing or labeling requirements
- Changed Orders (changes requested after and order has been received by us)
- Volume Spikes (especially when unexpected and un-planned for)
- Inventory Discrepancies
- Low Inventory Levels (Stock available for an item included in the order is below 10 units)
- International Orders subject to additional EEI filings
- Manual Order requests to be entered by our customer service team members that have not been approved by you before the Cut Off time.
Shipping accuracy means we will ship the correct inventory products to the address and recipient designated in the order. Ship My Orders is responsible to correct misdirected or erroneous shipments provided the errors were expressly the fault of Ship My Orders
If we do not meet this shipping accuracy level, then we will ship any available replacement merchandise via the same shipping method as the original shipment with shipping, fulfillment and packaging costs of the reshipment covered by Ship My Orders.
When applicable we will also try to retrieve your merchandise at our expense, or compensate you for lost or missing merchandise if your merchandise cannot be retrieved (manufacturer invoices will be needed to document the replacement cost of the merchandise)
We are not liable for lost product, loss of business or for consequential or incidental damages for shipment. Ship My Orders is not liable for shipping errors by third party shippers.
Shipping accuracy does not mean we will ship every order with exactly the carrier you select, as carriers sometimes change service level or their systems are not available and Ship My Orders may fail-over to a similar carrier in order to ship the inventory as quickly as possible. Shipping accuracy does not mean that the inventory will arrive to the end recipient in a timely manner or undamaged.
This guarantee applies only to eligible Accounts in Good Standing where no exclusions or limitations are present.
Order Processing Workflow
- Order enters our SMO system via Automated Procedure:
- SMO Initiated API Connection to Hosted Shopping Cart or Selling Platform Web Services 
- SMO Hosted API Web Services (Your backend system or shopping cart initiates the connection, available 24/7 99.99% uptime) 
- Compliant Order Feed sent via email to our Order feed email address, single or bulk order. 
- Other Legacy systems such as FTP Order Feed Transfer 
- Other Customized procedures happening automatically 
- 2. Alternatively – Manual Procedure
- Client types it in our SMO Web Admin Panel – an email receipt can be generated optionally 
- SMO Customer Support Team member types into the SMO System, normally at your request. Our standard procedure is to leave the order on Pending awaiting email verification by client that the order was typed in correctly and is approved to go 
- SMO IT Staff member imports non-compliant bulk feeds into the SMO System [(these may be treated as Projects subject to billable Admin time hourly fees) 
-  Average cycle is 15 minute intervals during day hours to download into the SMO System, it may take up to 10 additional minutes to show in the SMO web Admin Panel
 Shows immediately in the SMO Web Admin Panel, it may take up to 10 additional minutes to show in the SMO System.
-  It may take up to 10 additional minutes to show in the SMO System.
-  It may take up to 10 additional minutes to show in the SMO Web Admin Panel.
 Latency varies. Can be scheduled or manually triggered.
- Any pre-established Custom Processing Rules manual or automated are applied to the order. In some cases, some if these rules may be part of the actual API or Email feed parsing procedure or can be applied after the order is received in original condition. These rules can be things such as:
- Shipping Method or Carrier selection
- Automated Address Validation for domestic address
- DC assignment based on recipient’s address or inventory availability, Las Vegas or Nashville (if using multiple DCs for your storage)
- Opening virtual SKUs into physical SKU components
- Add promotional Items
- Any other custom rules requested by you
- Orders are manually approved by our SMO Admin staff or our automated SMO System.
- Orders go through an automated Multi step check procedure
- No required shipping info missing
- No invalid data elements in the order
- No incongruent data
- Minimum inventory levels in stock
- All data included if Third Party billing is requested
- No special comments for the warehouse, the office or from the customer placing the order in the shopping cart
- Any order with any flags will be manually reviewed by one of our Administrative SMO team members before approval. Any issues may be escalated to the client if needed, pending the order to await resolution.
If the order has special requirements that require additional actions beyond the standard pick, pack and labeling it may be treated as a project and it will be processed as a “Special Order” under the supervision of a manager of the SMO Warehouse team
- Approved orders are sent to the SMO WMS for batched processing
- Order gets Picked with or without barcode verification depending on the client account set up preferences.
- Non Bar Code picked orders or orders with Special requirements get Double checked and approved by a SMO Warehouse Manager Team member
- Orders get packed, labeled and staged for Carrier pickup. Orders are moved to “Labelled” status
- Carriers pick up the orders at their scheduled pick up times later in the afternoon. Depending on the cases, the drivers can scan packages individually or just a bulk manifesto id linked to the individual tracking numbers contained in the shipment.
At that time or typically within a 2-hour window, tracking numbers will become active in the carrier’s web site.
- Shipping Day closes around 6:15 PM PST triggering all the End of Day procedures:
- All Shipped out orders are moved to “Shipped” status
- API – Web Services Update to Shopping Cart and Selling Portals: status and tracking number updated (when applicable)
- Summarized Shipping activity reports sent to client
- Individualized, personalized customer order confirmations emails are sent including tracking confirmation status and direct link to Carrier’s tracking page (depending on your preferences)
- Other custom end of day procedures (Custom Inventory Reports, Custom integration updates…)
- Low Inventory Alerts Notifications are generated (depending on your preferences)
- By the end of the Week: From Friday night to Sunday. All orders in Shipped and Received (Inbound Returns) status are processed for inclusion in the weekly activity Invoice. The order status is moved to “Completed” status and the orders are transferred from the OPEN STATUS ORDERS section of the SMO Web Admin Panel to the COMPLETED ORDERS section. Only Pending and Backorders stay in the OPEN STATUS section by the end of the week after the billing cycle closes.
You may change or cancel an order before it has been received by our SMO System without any problems or cost, also applies to orders in “New Order”, “Backorder” or “Pending” status in the SMO System.
After this point if you need to make changes or cancellations you will need to contact us directly via email or phone and we will try our best to follow your requests, but we cannot guarantee we will be able to stop or modify that order, that is especially true if it is later in the day.
In cases where we retrieve orders automatically from your Shopping Cart via API, be aware that we only download every order once, any changes you make on your end after we retrieve the order will not be updated on our end automatically, you will need to manually make those changes through the SMO Web Admin Panel, or contact us to do it if the order is in any processing status. By the same token, if you delete an order on our SMO system, but do not void it or file it on your shopping cart we may download it again when the API connects (for that reason is our default policy to leave the orders as Canceled rather than completely delete and remove them from the SMO System)
Orders canceled after being picked and packed will be charged normal fulfillment fees and will be processed as “Shipped” although no shipping charges will be included.
Orders shipping internationally require a Customs Declaration Form including for every commodity:
- Commodity description – Descriptive and precise. e.g Clothing is not a valid commodity description. Unisex Cotton t-shirt, would be acceptable.
- Country of origin (where the item was manufactured, matches the MADE IN label of the product)
- Customs declared value (even for gifts or commercial samples there must be at least a value of $1)
- Harmonized code (Optional, see below)
Although it is not mandatory for shipments under $2,500 USD, a Harmonized code always helps expedite the transfer of goods through customs. You can make a search of the codes corresponding to your products using the tool at:
Private carriers may require additionally a Commercial Invoice with your letterhead, Ship My Orders is normally able to generate these on demand using your company logo in a standard Commercial Invoice Template that can be transmitted electronically or on paper when needed.
We will also need the EIN (Tax Id) of your company. Your company will appear in the forms as the Official Exporter of record. If you want to ship to Mexico and Canada using NAFTA forms, please make sure to contact our SMO Support Team to make sure your account is configured correctly and we have all the required information.
To avoid unnecessary delays in the processing of your international orders, please make sure we have all this information for every one of your SKUs.
Orders containing any commodity with a value of $2,500 or higher are subject to additional paperwork and filings (EEI) these can cause additional delays in the processing and are subject to a $10 filing fee.
Custom, Duties and Taxes (CDT) will be by default marked to be paid by the recipient in the foreign country. Small parcels with a declared value under $20 will typically be delivered by the Postal Office without requiring to pay any fees, but there are never warranties to what can happen when dealing with some many countries and the rules can change without notice.
Larger shipments will require payment of these CDT charges before they are tendered to the recipient. Make sure that your customers are aware of any charges due to avoid costly international returns and bad customer experience.
If needed, there is an option to prepay the CDT by providing your own FedEx or UPS account for those charges.
Ship My Orders account cannot be used to prepay these CDT charges since there is no accurate way to predict those costs and it would place a big administrative burden on our end to trace and audit those charges in future invoices and re-bill them to you. You can use Ship My Orders’ account and benefit from our aggressive International discounted rates for the freight portion of the shipment and have the CDT portion billed directly to you by the carrier, discounts don’t apply for CDT so there’s no price difference using your account or ours.
The dimensional (or volumetric weight) is based on the amount of space that a box or shipping container occupies in a truck or an aircraft. It used to be a most critical consideration in air shipments but the industry is factoring more frequently in all sorts of shipments, including surface transportation.
Large and oversized packaging or boxes with light contents are often charged by dimensional weight rather than weight.
Dimensional weight is computed by taking the cube of the exterior dimensions of the shipping carton (Length x Width X Height) / Dim Factor. Differently carriers and services use different dim factors and may change these from time to time.
The billable weight, will be based on a comparison of the physical actual weight vs. the dimensional weight, whichever is greater. It will be rounded up to the next billable weight break for that carrier and service (typically the next lb.) This number will be used as to calculate the actual shipping rate by the carrier.
At Ship My Orders our packing policy is to use the smallest possible box for the package to keep dimensional surcharges to a minimum.
Rates and service quotations when provided are estimates and will be based upon the information provided by you, or available on our system. Final rates and service may vary based upon the shipment actually tendered. Charges will be assessed at the actual rates effective the day the shipment is processed for fulfillment.
In some cases of large bulk orders with multiple boxes or freight shipments, the only way to produce a fairly accurate quote is by picking and packing the actual order to get precise dimensions and weights. If an order is picked and packed to produce a shipping quote and it is later decided by you that the order will not ship, a nominal fee equivalent to the Order fulfillment rate and re-stocking time will be billed.
In the event of a lost or damaged order, Ship My Orders will file the claim with the carrier (FedEx) if that shipment was done under SMO’s account. If it was a LTL/ Freight shipment Ship My Order will file the claim when the service was contracted and billed through Ship My Orders.
Ship My Orders does not file claims for UPS (since it is always 3rd party billing) or USPS shipments.
To begin the claims process, contact us at email@example.com letting us know if the order was lost (full or partial) or damaged, providing pictures of damaged packaging always helps, as well as an invoice showing the original wholesale cost of goods for the item(s) that was lost or damaged.
If the carrier pays the claim, Ship My Orders will be sent a check. A credit will be applied on the closest billing cycle after the claim is awarded.
- January – New Year’s Day
- May – Memorial Day
- July – Independence Day
- September – Labor Day
- November – Thanksgiving Day
- December – Christmas Day
The US Postal Service follows the Federal Holidays schedule which includes some additional dates
- January – Martin Luther King, Jr. Day
- February – Washington’s Birthday
- October – Columbus Day
- November – Veterans Day
Ship My Orders operates normally during these days but there will be no USPS pick-ups or deliveries.
Projects are non-standard hourly or piece work done on expected or held inventory.
If provided, Project price quotes are estimates based on information that you have provided and may not include all supplies, hours of work or unexpected project costs. Upon approval of a project estimate and completion of work you will be billed for all hours and supplies to complete your project. Projects are billed on a time and materials basis.
- Labor is billed in 30 minute increments with a half an hour minimum. These are man/hours, if we have 4 team members working in a project for 1 hour that would be considered a 4-hour project.
- Quotations may be provided for estimated purposes only. You will be billed for the actual time and materials.
- Ship My Orders understands that project cost management is important and we provide several means for you to estimate and control costs.
- Some projects qualify for per action pricing such as applying labels. These projects are easy to estimate and manage costs because you control how many items should be processed. Ship My Orders cannot guarantee pricing on a per item basis on all projects.
- Maximum Price Cap (MPC). To control costs, you can indicate a MPC you want to pay for a project including management fees. It will not guarantee that Ship My Orders will perform the project for the defined MPC but rather that we will stop work if the threshold is hit without a change order request by you.
- Project Quotation. For projects in excess of 20 hours or $500 in estimated fees, Ship My Orders can provide a quotation on estimated project costs based on the instructions and information you provide. Project quotations can range from rough calculated estimates based on defined project parameters or detailed, fee based, time and motion study projects. In both cases, quotations are not guaranteed but rather provide reasonable costing estimates and rough measures for establishing a project’s MPC.
- Fixed Price Projects. When Ship My Orders has enough information to manage the project, fixed price projects may be available. These projects will be billed the agreed upon price upon completion of the project regardless of the actual labor and material costs. Ship My Orders reserves the right to stop work and cancel the project if the requirements change or were not correctly defined in the project scope document.
Many projects don’t require cost controls. In many cases you may authorize Ship My Orders to begin work on projects without first obtaining estimates. Projects will be processed according to the instructions you provide, before the commencement of work we will try make sure we have addressed any questions we may have, but it always helps to receive clear and concise explanations and instructions. If you feel you can provide any advice based on your personal experience handling the same or similar project, we always appreciate that kind of input and can help us save time of avoid common pitfalls when dealing with unusual jobs or products.
Ship My Orders specifically disclaims liability for any project activities conducted at your request that results in modification, damages, changes or errors to your product or product packaging. Receiving and shipping delays may result as project work is being completed. The limit of our liability for project related tasks is the hourly charge for the project work.
We highly recommend that you request and pay for a project sample before requesting bulk modifications to your inventory.
Ship My Orders reserves the right to assign a project fee for services or use that it deems at its sole discretion to be excessive or abusive.
Account creation and ownership
If you are creating a new account on behalf of an organization, you represent you have the authorization to bind such organization to these TOS and form a contract with Ship My Orders.
To create and account Ship My Orders requires valid contact information, physical address, email, website and phone number for the company and default contact person or company principal. If the contact information is found to be incorrect, client’s account may be suspended until such a time that the information is corrected.
The person creating the account will have by default ownership privileges to the account and the ability to add, delete and manage additional users from the Organization. Different levels of privileges are available and account ownership can be shared or transferred between different users through the use of SMO Web Admin Panel.
You agree not to share your Account access information, including passwords. If you need other users in your company to have access to the SMO Web Admin Panel we recommend creating separate accounts with only the privileges that will allow them to perform their functions. This approach will give you more control and will allow to audit if needed what was done by whom. In case one of these users stops working for your company is much easier to revoke their access privileges by deleting their account, rather than changing passwords with accounts shared with multiple users. You are responsible for maintaining the confidentiality of password(s) and Account information, and you are responsible for all activities that occur under your Company’s accounts, or as a result of your access to the accounts. You agree to notify Ship My Orders immediately of any unauthorized use of your Account. Ship My Orders will not be liable for any unauthorized use of your Account.
Ship My Orders reserves the right to take preventative or corrective actions to protect itself and its users at any time. Any user violating this policy voids any implied or express warranties and violates the Ship My Orders Terms. Violating this policy may also result in temporary or permanent limitation of a user’s Account, a held Account, termination of an account with 30 days’ notice, or immediate termination. This includes the inability to ship merchandise, to remove financial information from an account, and for users to close their Accounts as a way of evading the policy. Additionally, users whose Accounts are permanently limited for violating this policy are barred from future use of Ship My Orders and its services.
Actions or behaviors that would be considered a violation of the Acceptable Use Policy
- Break any law, statute, ordinance, violation of the FTC Mail or Telephone Order Merchandise Trade Regulation Rules or any other governmental regulation
- Infringe any copyright, patent, trade mark, trade secret or other intellectual property rights.
- Engage in any kind of fraudulent or highly questionable business practice (like false advertising, sending us products that could be potentially fraudulent or counterfeit)
- Act in a defamatory, unlawfully threatening or unlawfully harassing manner
- Show a pattern of rude and harassing behavior when dealing with the Ship My Orders Team members.
- Provide false, inaccurate or misleading information in regards to your own identity, your company, website or your products.
- Having a disproportionate number of refused shipments, returns, disputes, claims and complaints as a result of your business practices and the way you operate your business.
- Submit multiple claims receiving or attempting to receive funds from Ship My Orders, the carrier, or any other party involved in a shipping claim.
- Use an anonymizing proxy or in any way trying to conceal your identity.
- Access the Services from a country, or direct us to ship to a country, in violation of U.S. export control laws including the U.S. Gov’t Export Control “Embargoed Country” list.
- Maintain unpaid balances for a period longer than 60 days.
- Use our services in a way that may put Ship My Orders at risk of compromising the services from our internet service providers, shippers, or other vendors.
- Using our web services in a way that stresses or interferes with our resources in an unreasonable and unjustified way
- Breach of any of the Terms of Service, Policies or any other agreement entered into with Ship My Orders.
Ship My Orders observes two billing cycles:
- Monthly Billing Cycle, processed on the first of the month. Includes storage, inventory and other monthly charges such as Toll Free Number and Third Party Customer Support Services for that same month.
- Weekly Billing Cycle, processed by the end of the week to include any charges related to the account activity for the ending week such as: fulfillment fees, shipping/freight charges, materials, labor, etc.
Promptly Review Your Ship My Orders Charges.
- Ship My Orders urges you to review your Ship My Orders service fees and shipping fees on a monthly basis so that we can work with you in a timely manner should there be a discrepancy or disagreement as to a charge.
- Ship My Orders will promptly review any charges in your invoice that you may disagree with or not understand. Within 5 business days after the resolution, Ship My Orders will credit or debit your account balance accordingly, if any correction is required.
- Ship My Orders will not review requests for invoice adjustments that are received more than 90 days after the date of the invoice.
- Prepaid Balance (Mandatory for International accounts)
- ACH (Clearing house automated Bank Transfer, only US banks)
- Credit Card (Visa or Mastercard)
At Ship My Orders discretion, domestic corporations proving a consistent pattern of reliability and solid credit scores, can apply for Net 7 terms paying via Company Check. This would be considered on a client by client basis and several factors will be considered in Ship My Orders final decision.
- All late payments will be assessed a 1.5% late fee of the outstanding balance per month.
- Ship My Orders reserves the right to withhold service for any accounts with past due amounts.
- If you keep an unpaid balance over 30 days, Ship My Orders reserves the right, to categorize your account as Abandoned Account.
- After a 60-day period of maintaining an unpaid balance an account will be automatically deemed as Abandoned Account.
- Upon an Account becoming Abandoned Account, all rights to ownership of the Account Balance and Inventory would then immediately be forfeited by you. Inventory would become unavailable to you, and liquidation proceedings would begin. You would have no rights to the liquidation proceeds. You would also remain liable for any pending invoice balances above the liquidation proceeds.
Your contract revolves on a month to month term, renewed on the first of every month. You can close your account at any time for any reason, if your account is current. Storage rates and other monthly charges assessed on the first of the month cannot be refunded or prorated if we cannot get your inventory out of our distribution centers before or on the first of the month.
Keep in mind that depending on different factors it can take several days to get your account to a point where it can be considered effectively closed, even if you don’t want to have your inventory shipped to us and you just want Ship My Orders to dispose of it, it can take a few days to go through a disposal project (unless the quantities stored are very small) if you are planning on closing your account don’t wait until the last day of the month to notify us, give yourself at least a week to deal with the closing procedures and unforeseen delays.
Before closing the account Ship My Orders will be compensated in full for any work or services performed through the date that services are terminated, plus costs involved in preparing the material for shipment, a good faith estimate of amounts that will become due for transportation, disposing of your inventory (if applicable) and the cost of any goods or services purchased prior to termination.
Ship My Orders Inc. has the right to hold all inventory until all outstanding invoices have been satisfied (see Lien and Security Interest section)
You will remain liable for all obligations related to your Account even after the Account is closed. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds and inventory for up to 180 Days to protect Ship My Orders or a third-party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability.
- Frozen Account
A frozen Account will have the access to all the Client users via the SMO Web Admin Panel revoked. All activity will be suspended, including outbound shipments. Ship My Orders reserves the right to freeze an account for a number reasons, including but not limited to the following:
- Sustained negative balance and consistent pattern of late or credit card payments declined.
- Suspicious activity.
- Anyone using your Account uses abusive language, is consistently rude or otherwise threatens Ship My Orders or its team members.
- To allow time to resolve or investigate any complaint of a violation of the TOS.
- Account Terminated with a 30-day notice
Ship My Orders may terminate this agreement at any time, for any reason with a 30-day notice, by providing a notification via email to the account owner/s email/s on file. It is your responsibility to make sure Ship My Orders has a valid email for you.
You may have full or limited use of your Account during the Termination Notice Period at Ship My Orders discretion. That could give you a better chance to expire existing inventory without it being shipped back to you. Any Inventory that remains in Inventory at the expiration of the Termination Notice Period will be shipped to the address on file and, if address is not on file, the billing address on your credit card, at your expense. If no address is available or no balance is available to pay for shipment back to you, Ship My Orders will liquidate or dispose of your remaining Inventory (See Abandoned Account and Liquidation Policy)
- Account Terminated Immediately
Ship My Orders immediately closes your Account and ships remaining Inventory to the billing address listed in your Account, at your expense. If no address is available, Ship My Orders will liquidate or dispose of your Inventory (See Abandoned Account and Liquidation Policy)
Ship My Orders reserves the right to immediately terminate an Account for a number reasons including serious Violations of the TOS or any other conditions of use.
- Except as otherwise provided herein, Ship My Orders warrants to Client to use reasonable care, diligence, and skill to provide their services, and Ship My Orders makes no other express or implied warranty in connection with its services or the services of any Third Party.
- SMO’s recommendation or engagement of a Third Party to render services for or on behalf of Client shall not constitute SMO’s representation or warranty that such Third Party will render adequate services. Ship My Orders shall not be liable to Client for any negligent or intentional act, omission, or inaction of such Third Parties, including without limitation, any delay or loss that occurs while a shipment is in the custody or control of a Third Party. Ship My Orders shall not be liable for its negligent selection or entrustment of a Third Party. Client shall bring all claims involving any negligent or intentional act, omission, or inaction of a Third Party solely against that Third Party, whether or not the Third Party was recommended or engaged by SMO. Ship My Orders shall not be liable to Client for any delay or loss caused by the selection or change of a particular shipping route or shipping procedure, whether or not recommended, selected, or changed by Ship My Orders or by any Third Party.
- Ship My Orders shall be liable only for its own actions and omissions, including SMO’s breach of these terms and conditions, the terms of any invoice or bill of lading, and the terms of any other agreement with the Client, and SMO’s liability for which is limited.
These Terms and performance by the parties hereunder shall be construed in accordance with the applicable laws of the State of Nevada without regard to conflicts of law provisions thereof, or, as appropriate the federal laws. Any action or proceeding arising from or relating to these Terms must be brought in a federal or state court in Clark County, Nevada. You and Ship My Orders consent to the exclusive jurisdiction of, and venue in, the state and federal courts within Clark County, Nevada.
1. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms shall remain in effect and enforceable in accordance with their terms.
2. No Waiver. Failure or delay of Ship My Orders to exercise a right or power under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
3. Notices to You. You agree that Ship My Orders may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to the email address listed in your Account. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Ship My Orders reserves the right to terminate your Account if you withdraw your consent to receive electronic communications.
4. Notices to Ship My Orders. Except as otherwise stated, legal notices to Ship My Orders must be sent by postal mail to:
Ship My Orders Inc.
2567 W Cheyenne Ave.
North Las Vegas, NV 89032
and shall not be deemed to be received until actually received.
5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Ship My Orders’ prior written consent and any attempted assignment without that consent will be void. Ship My Orders reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms shall be binding on and inure to the benefit of the parties’ successors and assigns.
6. Conflict of Terms. If there is a conflict between these Terms and the terms on any air waybill, bill of lading or other transit documentation set forth by the contracted carrier, the carrier’s terms will control. If not stated within the carrier’s terms, the Terms as stated herein shall control.
7. Entire Agreement and Modifications to Terms and Policies. These Terms and the Policies are the entire statement of the terms that govern your use of the Ship My Orders Services and the Ship My Orders Website. Ship My Orders MAY MAKE CHANGES TO THESE TERMS AND/OR THE POLICIES FROM TIME TO TIME IN SHIP MY ORDERS’ SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE Ship My Orders SERVICES OR THE Ship My Orders WEB SITE AFTER Ship My Orders POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS AND/OR POLICIES WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS AND POLICIES. Ship My Orders will endeavor to provide you with notice of any changes to these Terms or the Policies, but Ship My Orders’ failure to do so shall not excuse your obligation to comply with such modified Terms and Policies.
8. Attorneys’ Fees and Costs. Ship My Orders shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms.
9. Force Majeure. Ship My Orders shall not be liable for any delays or inability to perform the Ship My Orders Services caused by forces beyond Ship My Orders’ control including, without limitation, acts of God or acts of third party service providers including but not limited to carriers and postage systems. When Inventory is ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond Ship My Orders’ control, or because of loss or destruction of Inventory for which Ship My Orders is not liable, or because of any other excuse provided by law, Ship My Orders shall not be liable for failure to carry out such instructions and Inventory remaining in storage will continue to be subject to regular storage charges. If Ship My Orders has exercised reasonable care and is unable, due to causes beyond its control, to affect delivery before expiration of the current storage period, the Inventory will be subject to storage charges for each succeeding storage period.