Delivery Terms

Effective Date: October 21, 2025
Applies To: ziatow.com/ziatowing.com — delivery coordination, dispatch, referral, and related services

1. Overview / Scope

ziatow.com/ziatowing.com operates solely as a digital coordination and referral platform that connects users, shippers, recipients, and other customers (“Users”) with independent third-party delivery, courier, freight, transport, and logistics service providers (“Carriers” or “Third-Party Carriers”). ziatow.com/ziatowing.com does not itself perform pickups, transport, storage, handling, or deliveries of goods unless explicitly stated in a signed, written agreement. All such services are performed by independent Carriers under their own business names, terms, and insurance (if any).

By using the Sites or any delivery coordination services, you acknowledge and agree that: (a) ziatow.com/ziatowing.com is not a Carrier; (b) all pickup, transit, handling, and delivery services are provided by independent Carriers; and (c) ziatow.com/ziatowing.com is not responsible for the acts, omissions, errors, negligence, or misconduct of any Carrier.

2. No Carrier Relationship / No Assumption of Control

Because ziatow.com/ziatowing.com only facilitates introductions, dispatch instructions, and communications:

  • ziatow.com/ziatowing.com does not direct, supervise, control, or manage Carriers’ operations, personnel, routes, equipment, or cargo handling procedures; and

  • ziatow.com/ziatowing.com makes no representations regarding a Carrier’s qualifications, fitness, insurance status, licensing, permits, or compliance with local, state, or federal laws.

Users agree that any contractual relationship for transportation, delivery, storage, or handling arises solely between the User and the Carrier engaged, and not with ziatow.com/ziatowing.com.

3. Delivery Risks, No Warranties

All deliveries coordinated via ziatow.com/ziatowing.com are subject to risks inherent in transportation, including but not limited to loss, theft, misdelivery, late delivery, improper handling, water/fire damage, breakage, contamination, and damage to vehicles or property during pickup or delivery.

ZIATOW.COM/ZIATOWING.COM (hereafter, “the Platform”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, REGARDING ANY DELIVERY OR ANY CARRIER. THE PLATFORM DOES NOT GUARANTEE DELIVERY TIMEFRAMES, SAFETY OF GOODS, PAYMENT PROCEDURES, OR CARRIER INSURANCE COVERAGE.

4. Insurance Disclosure

As of the Effective Date, ziatow.com/ziatowing.com does not maintain cargo, freight, motor carrier, warehouse, garagekeepers, or other delivery-related insurance covering loss of or damage to goods transported by third parties.

Users are strongly ADVISED to:

  • verify Carrier insurance (cargo, liability, and any required local insurance) before tendering high-value goods;

  • obtain independent insurance for valuable shipments (e.g., freight insurance, all-risk transit insurance); and

  • obtain written confirmation from the Carrier of any coverage limits and claims process prior to pickup.

ziatow.com/ziatowing.com assumes no responsibility or liability for uninsured, underinsured, or uninsured-loss claims.

5. User Duties and Pre-Delivery Requirements

Before requesting a Carrier via the Platform, the shipper and/or recipient must:

  • accurately describe items being shipped (contents, value, dimensions, weight, hazardous or regulated status);

  • ensure items are properly packaged, labeled, and secured for transport;

  • comply with all applicable laws (hazardous materials, regulated goods, customs);

  • disclose any special handling or delivery instructions (e.g., signature required, restricted hours, gated entry, special access codes);

  • obtain all necessary permissions or authorizations for pickup and delivery locations; and

  • retain proof of value (receipts, photos, serial numbers) and documentation of condition prior to pickup.

Failure to comply with these duties may reduce or eliminate the Carrier’s (and the Platform’s) obligations and may bar recovery for loss or damage.

6. Prohibited and Restricted Items

Carriers may refuse or be legally prohibited from transporting certain items. Do not tender items that are illegal, hazardous without proper declarations and packaging, perishable without refrigeration or special arrangements, or otherwise restricted. ziatow.com/ziatowing.com is not responsible for Carriers’ refusals, seizures, or regulatory penalties arising from prohibited or restricted shipments.

7. Wrongful Delivery / Misdelivery / Theft

If cargo is alleged to have been delivered to the wrong address, improperly left unattended, stolen, or otherwise misdelivered:

  • The User must notify the Carrier immediately and follow the Carrier’s claims process.

  • The User must also notify ziatow.com/ziatowing.com within 24 hours of discovery; however, platform notice does not create liability on the part of ziatow.com/ziatowing.com nor does it substitute for timely claims to the Carrier.

  • ziatow.com/ziatowing.com will, upon request, provide available coordination information (timestamps, Carrier contact details, proof of delivery images if available); such assistance is voluntary and informational only and does not create responsibility.

8. Damage to Vehicles, Property, or Persons

If a Carrier’s pickup or delivery operation (including loading/unloading) causes damage to a vehicle, property, or injures a person:

  • The User must document the damage at the scene (photos, video, witness contact info) and request the Carrier’s incident report and insurance information.

  • The User should refuse to sign any release or waiver without reading it and, if possible, obtain a written statement from the Carrier acknowledging the incident.

  • ziatow.com/ziatowing.com is not liable for physical damage, injury, or related claims arising from the Carrier’s operations.

9. Claims Procedure and Evidence

For any alleged loss, damage, or theft, the User must:

  1. Promptly notify the Carrier per the Carrier’s stated claims procedure (this is usually required as a pre-condition to any recovery).

  2. Within 48 hours (or sooner if required by the Carrier’s terms), provide the Platform with: (a) a written description of the claim; (b) photos of damaged goods/packaging and/or delivery location; (c) proof of value (invoices, receipts); (d) Carrier name, tracking/dispatch number, pickup and delivery timestamps, and contact details; and (e) any police or incident reports if applicable.

  3. Preserve the goods and packaging until inspection is completed by the Carrier or its insurer. Failure to preserve evidence may void claims.

Providing notice to ziatow.com/ziatowing.com is informational only — the Carrier’s claims process governs recovery.

10. Limitation of Liability — Delivery Matters

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ziatow.com/ziatowing.com AND ITS OWNER(S), AGENTS, AFFILIATES, REPRESENTATIVES, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, LIABILITY, COST, OR EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH ANY DELIVERY, CARRIER ACT, MISDELIVERY, THEFT, DELAY, DAMAGE TO VEHICLES OR PROPERTY, PERSONAL INJURY, OR OTHER TRANSPORT-RELATED INCIDENTS.

IN NO EVENT SHALL ziatow.com/ziatowing.com’S AGGREGATE LIABILITY RELATING TO ANY SINGLE INCIDENT OR SERIES OF RELATED INCIDENTS EXCEED FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION APPLIES EVEN IF ziatow.com/ziatowing.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

User agrees to indemnify, defend, and hold harmless ziatow.com/ziatowing.com and its owner(s), agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of:

  • User’s tendering of improper or incorrectly described goods;

  • Failure to pack or label shipments properly;

  • Violation of law or regulation relating to shipped items;

  • User’s negligence or willful misconduct; or

  • Any claim brought by a third party related to a delivery coordinated through the Platform.

12. Carrier Terms Prevail

To the extent a Carrier’s bill of lading, shipping ticket, delivery receipt, or written agreement contains terms and conditions governing carriage, loss, claims, limitations, or liability, those Carrier terms shall govern the relationship between the User and the Carrier. ziatow.com/ziatowing.com does not override Carrier terms and has no obligation to modify Carrier contract terms on Users’ behalf.

13. No Promise to Investigate or Insure

While ziatow.com/ziatowing.com may assist with providing Carrier contact information, time stamps, proof of delivery images, or other dispatch records, any such assistance is provided as a convenience only and does not create an obligation to investigate, to procure insurance, or to guarantee claim outcomes. ziatow.com/ziatowing.com does not conduct comprehensive background checks on Carriers and is not responsible for any Carrier misrepresentations.

14. User Remedies

User’s sole and exclusive remedies for any delivery dispute are:

  • pursuit of the Carrier’s claims process and insurance (if available); and/or

  • civil action against the Carrier to the extent permitted by law.

User waives any claim against ziatow.com/ziatowing.com for delivery-related loss or damage except as expressly provided in this Legal Notice (and then only up to the $50 cap).

15. Recordkeeping and Cooperation

User agrees to cooperate reasonably with the Carrier and ziatow.com/ziatowing.com in any investigation, including providing documentation, statements, and access to damaged goods or packaging. Failure to cooperate may reduce or bar recovery.

16. Risk Allocation and Recommendation

Because the Platform does not insure cargo or control Carriers, Users should:

  • verify Carrier insurance and compliance before tendering goods;

  • purchase appropriate transit insurance for high-value shipments;

  • require proof of delivery with photographic evidence and signature confirmation where possible; and

  • use reputable, vetted Carriers whenever feasible.

17. Dispute Resolution, Governing Law, and Venue

All disputes arising out of or relating to this Delivery Legal Notice shall be governed by the laws of the State of New Mexico without regard to conflict-of-law principles. Any action or proceeding brought by any party related to delivery claims or Carrier conduct shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and Users hereby submit to personal jurisdiction in such courts.

18. Severability

If any provision of this Delivery Legal Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Changes to This Notice

ziatow.com/ziatowing.com reserves the right to change, amend, or update this Delivery Legal Notice at any time, with changes effective upon posting to the Sites. Continued use of the Sites after posting constitutes acceptance of revised terms.

20. Contact and Notices

For claims, notices, or legal correspondence related to deliveries coordinated via ziatow.com/ziatowing.com:
📧 info@ziatow.com
🌐 https://ziatow.com | https://ziatowing.com
Physical address available upon request for legal process served in New Mexico.

21. Final Advisory — Get Insured / Vet Carriers

This Delivery Legal Notice aims to limit Platform liability and to direct delivery claims to the entities that physically perform the work. It does not eliminate all risk. If you are a shipper, receiver, or Platform operator handling or coordinating valuable goods, you should obtain appropriate insurance and legal advice. ziatow.com/ziatowing.com STRONGLY RECOMMENDS consulting a licensed attorney in New Mexico to confirm that these provisions meet your business and jurisdictional needs.