Effective date: June 2026 · Dart Advantage Warehousing, Inc. ("DAW," "we," "our," or "us")
Overview
These Terms of Service govern your use of DAW's website (dartaw.com), client portal, driver scheduling tools, and the warehousing, fulfillment, and transportation services we provide. By accessing our website or engaging DAW for services, you agree to these terms.
Service-specific terms negotiated in a written warehousing agreement or rate confirmation between DAW and a client take precedence over these general terms where there is a conflict.
Website Use
You may use dartaw.com for lawful purposes only. You agree not to:
- Use the site in any way that violates applicable federal, state, or local law
- Transmit any unsolicited advertising or promotional material
- Attempt to gain unauthorized access to any part of our systems or networks
- Use automated tools to scrape, crawl, or harvest data from the site without our written consent
We reserve the right to terminate access to the website or client portal for any user who violates these terms.
Client Portal
Access to the DAW client portal is granted to authorized representatives of clients with an active warehousing or logistics agreement. Portal credentials are issued per user and are non-transferable. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Inventory data, transfer records, and documents accessible through the portal are confidential and may only be used for managing your own supply chain with DAW. Sharing portal access or data with unauthorized third parties is prohibited.
Portal availability is provided on a best-efforts basis. DAW is not liable for business losses resulting from temporary portal downtime or data delays caused by system maintenance or circumstances outside our control.
Driver Scheduling & Check-In
The online driver scheduling tool is provided as a convenience for carriers and drivers picking up or delivering freight at DAW facilities. Scheduling a dock appointment through our website does not constitute a guarantee of appointment availability and is subject to facility capacity.
Drivers arriving at a DAW facility are subject to all posted facility rules, safety requirements, and dock procedures. DAW reserves the right to refuse access to any driver who is not compliant with facility safety policies or who arrives without a valid scheduled appointment.
Warehousing & Storage Services
All warehousing and storage services are subject to the terms of a separate written warehousing agreement or storage order. The following general terms apply in the absence of a more specific agreement:
- Inbound receiving: DAW will receipt freight based on external count and apparent condition. Concealed damage or shortage must be noted within 5 business days of receipt.
- Inventory accuracy: DAW maintains lot-level inventory records using its warehouse management system. Cycle counts are performed on a regular basis. Discrepancies must be reported in writing within 30 days of a discrepancy notice.
- Liability: DAW's liability for loss or damage to stored goods is limited to the lesser of actual replacement cost or the limit stated in the applicable written warehousing agreement. DAW is not liable for loss caused by Acts of God, fire, flood, civil authority, or circumstances beyond its reasonable control.
- Insurance: Clients are responsible for maintaining adequate cargo and product insurance on all goods stored at DAW facilities. DAW does not insure client inventory.
- Abandoned goods: Goods remaining at a DAW facility for more than 30 days after the termination of a storage agreement, or after written notice to retrieve the goods, may be subject to lien and sale in accordance with applicable Minnesota or Georgia warehouse lien statutes.
Transportation & Logistics Terms
When DAW arranges or performs transportation services, or issues a Bill of Lading on behalf of a shipper or consignor, the following Uniform Straight Bill of Lading Terms and Conditions apply. These are the standard terms printed on all DAW Bills of Lading.
Sec. 1 — Carrier Liability
(a) The carrier or the party in possession of any of the property described in this bill of lading shall be liable as at common law for any loss thereof or damage thereto, except as hereinafter provided.
(b) No carrier shall be held liable for any loss or damage to a shipment or for any delay caused by an Act of God, the public enemy, the authority of law, or the act or default of shipper and if the carrier is free from negligence. Except in the case of negligence of the carrier or party in possession, the carrier or party in possession shall not be liable for loss, damage or delay which results: when the property is stopped and held in transit upon request of the shipper, owner or party entitled to make such request; or from fault or impassible highway, or by lack of capacity of a highway bridge or ferry, or from a defect or vice in the property; or from riots or strikes. The burden to prove freedom from negligence is on the part of the party in possession.
Sec. 2 — Dispatch & Routing
Unless arranged or agreed upon, in writing, prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport with reasonable dispatch. In case of physical necessity, carrier may forward a shipment via another carrier.
Sec. 3 — Claims Filing
(a) As a condition precedent to recovery, claims must be filed in writing with any participating carrier having sufficient information to identify the shipment.
(b) Claims for loss or damage must be filed within nine months after the delivery of the property (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
(c) Suits for loss, damage, injury or delay shall be instituted against any carrier no later than two years and one day from the day when written notice is given by the carrier to the claimant that the carrier has disallowed the claim in whole or in part. Where claims are not filed or suits are not instituted therein in accordance with the foregoing provisions, no carrier shall be liable, and such claims will not be paid.
Sec. 4 — Refused or Undeliverable Shipments
(a) If the consignee refuses the shipment tendered for delivery by carrier or if carrier is unable to deliver the shipment because of fault or mistake of the consignor or consignee, the carrier's liability shall then become that of a warehouseman. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, to the shipper or the party designated to receive notice. Storage charges, based on carrier's tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the carrier's option, in any location that provides reasonable protection against loss or damage. The carrier may place the shipment in public storage at the expense and without liability to the carrier.
(b) If the carrier does not receive disposition instructions within 48 hours of the time of the shipper's attempted first notification, carrier will attempt to issue a second and final confirmed notification. Such notice shall advise that if carrier does not receive disposition instructions within 10 days of that notification, carrier may offer the shipment for sale at a public auction and the carrier has the right to offer the shipment for sale. The amount of sale will be applied to the carrier's invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership.
(c) Where carrier has attempted to follow the procedure set forth in subsections 4(a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law. When perishable goods cannot be delivered and disposition is not given within a reasonable time, the carrier may dispose of property to the best advantage.
(d) Where a carrier is directed by consignee or consignor to unload or deliver property at a particular location where consignor, consignee, or the agent of either, is not regularly located, the risk after unloading or delivery shall not be that of the carrier.
Sec. 5 — Released Value & Liability Limits
(a) In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum recoverable amount for loss or damage, whether or not such loss or damage occurs from negligence.
(b) No carrier hereunder will carry or be liable in any way for any documents, coin money, or for any articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Sec. 6 — Dangerous & Hazardous Goods
Every party, whether principal or agent, who ships explosives or dangerous goods without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss or damage caused by such goods. Such goods may be warehoused at owner's risk and expense or destroyed without compensation.
Sec. 7 — Freight Charges
(a) The consignor or consignee shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected, except that collect shipments may move without recourse to the consignor when the consignor so stipulates by signature or endorsement in the space provided on the face of the bill of lading. Nevertheless, the consignor shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by the consignor.
(b) Notwithstanding the provisions of subsection (a) above, the consignee's liability for payment of additional charges that may be found to be due after delivery shall be determined by 49 U.S.C. Section 13706, except that the consignee need not provide the specified written notice to the delivering carrier if it is due the tariff.
(c) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of the advances at the time of shipment or prior to delivery. If the description of articles or other information on this bill of lading is found to be incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.
Sec. 8 — Substituted Bills of Lading
If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the liability under all bills of lading for the same shipment is subject to all conditions not prohibited by law, whether printed or written, in this bill and the back thereof, agreed to by shipper and accepted for himself and assigns.
Sec. 9 — Water Carriage
If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the Carriage of Goods by Sea Act and any other pertinent laws applicable to water carriers.
Dart Advantage Warehouse acts as agent for the disclosed shipper/consignor and has no liability for payment of freight or other charges. The transportation contract evidenced by a bill of lading is between the carrier and the designated shipper/consignor.
Intellectual Property
All content on dartaw.com — including text, logos, images, graphics, and software — is the property of Dart Advantage Warehousing, Inc. or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.
Limitation of Liability
To the maximum extent permitted by applicable law, DAW's total liability to you for any claim arising out of or relating to these terms, the website, or services provided hereunder shall not exceed the greater of: (a) the amount paid by you to DAW for the specific service giving rise to the claim in the 30 days preceding the claim, or (b) $100.
DAW is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages. This limitation does not apply to claims arising from DAW's gross negligence or willful misconduct.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Ramsey County, Minnesota.
For transportation services subject to federal jurisdiction, applicable provisions of the Interstate Commerce Act and 49 U.S.C. Title 49 shall govern.
Changes to These Terms
We may update these Terms of Service from time to time. Material changes will be reflected in a revised effective date at the top of this page. Continued use of our website or services after changes are posted constitutes acceptance of the updated terms.
Contact Us
Questions about these terms? Reach us at:
Dart Advantage Warehousing, Inc.
Email: contact@dartaw.com
Phone: (651) 994-1174
3055 Spruce St, Little Canada, MN 55117