Service Level Policy

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1. Exclusions and Limitations
2. Order Processing

Service Level Policy

This service levels policy (“Policy”) is incorporated into the Swiftgistics terms of service as published on the Swiftgistics website (“Terms”). In the event of any conflict or inconsistency between this Policy and the Terms, the Terms shall control. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Exclusions and Limitations

Service levels do not apply to, (1) shipments that are made while your Account is not funded or on hold; (2) shipments that include any items not currently in stock; (3) freight or 3rd party carrier Account shipments; (4) orders with over 10 items; (5) international shipments, or shipments crossing a national border; (6) Shipments requiring premium or oversized packaging; (7) shipments with a Project attached or customer has requested change to, edited or in any way modified the order after submission to the warehouse; (8) carrier label printing being unavailable due to events outside of Swiftgistics control, (9) reshipments of an order under section 1.10.3 below; (10) inventory improperly labeled by merchant or improperly described in the Swiftgistics system; (11) orders in excess of the warehouse specific daily trended average for a customer, absent a customer’s notification to Swiftgistics, and Swiftgistics’ receipt of, at least 1 week in advance that there will be a volume spike,(12) merchants on legacy pricing plans; (13) merchants that have been excluded from service levels specifically by Swiftgistics and at Swiftgistics’ sole discretion; (14) does not apply to shipments which are delayed due to causes beyond Swiftgistics’ control, including but not limited to, the following: Acts of God, failure or unavailability of any third-party system outside of Swiftgistics’ direct control that results in our inability to rate and communicate orders to the warehouses, riots, strikes or other labor disputes, civil commotions, natural disasters, terrorism, weather phenomena and/or disruptions in air or ground transportation networks, (15) Shipments made during excluded dates. Excluded dates include (i) warehouse holidays as listed on www.swiftgistics.com; (ii) “Peak Season” dates including the Friday after Thanksgiving, the week of Cyber-Monday, the first week of December, Mondays during December, December 12th-25th and New Years Eve. During Peak Season dates Swiftgistics will endeavor to maintain our shipping service level; however, we cannot offer the service level guarantees due to unforeseeable spikes in merchant shipping volume.

2. Order Processing (Domestic)

Swiftgistics will process all Orders received in the Facility by 10:30 AM local facility time (the “Cut-Off Time”) on the same business day up to 120% of the Outbound Forecast unit volume and subject to the carrier pull times. All volume above 120% of the Outbound Forecast volume that is not shipped the same day shall be included in the next business days shipment volume. If Swiftgistics agrees to handle volume in excess of the 120% of the Outbound Forecast, Customer will pay Swiftgistics for all labor costs incurred if straight time or overtime at the hourly rates set forth on Swiftgistics’ Standard Rate Card. If an Order is received after the Cut-Off Time Swiftgistics will make reasonable efforts to process the Order the same business day, and if it is nonetheless unable to do so, it will process the Order by the close of business on the next business day after receipt, subject to the forecast limitations stated above. If the actual number of units shipped on a particular business day is less than 80% of the Outbound Forecast for that day, and Swiftgistics cannot release the labor and/or reallocate the labor to non-Customer activities, Customer will pay Swiftgistics a per unit shipping forecast variance charge as set forth on Swiftgistics’ Standard Rate Card for the difference in the units shipped and up to 80% of the Outbound Forecast (“Shipping Forecast Variance Charge”). In the event that Swiftgistics does not have enough Inventory to fulfill an Order on the day received, Swiftgistics will notify Customer via the automated backorder email and require direction on whether to adjust the Order based on available Inventory and/or delete Orders that cannot be fulfilled completely. Customer will make all Backorder management and allocation decisions.

(a) System Transmission. Swiftgistics Platform. Customer drop windows for Orders received is set to an hourly cadence (“Order Drop Time”). The end-to-end system, transmission time can be up to 125 minutes.

2.1. Order Processing (Export): Subject to the limitations stated in Section 4 above and provided that Customer has signed an Export TOS or Agreement with Export Services, Swiftgistics will process all Export Orders received in the Facilities by 10:30 AM Local Facility Time (the “Export Cut–Off Time”) within two business days for non-peak times (January – October) and within three business days during peak periods (November – December).

2.2. Holiday Order Processing: Subject to the limitations stated in Section 4 above, during the “Holiday Period” which means the calendar period starting on Thanksgiving Day and going through December 31st, Swiftgistics will process all Orders received in the Facility by 10:30 AM Local Facility Time by the end of the next business day. If an Order is received after 10:30 AM Local Facility Time during the Holiday Period, Swiftgistics will process the Order within two business days.

2.3. Notwithstanding anything to the contrary herein, the Order Processing SLAs set forth herein may be void at Swiftgistics’ discretion.