Last updated: July 2026
This Fulfillment Services Agreement ("Agreement") governs warehousing, fulfillment, and related logistics services provided through the Swifty3PL Fulfillment Network Platform, operated by Swifty3PL and its parent company, ShopWebCo, Inc. It applies between Swifty3PL, the merchant whose goods are stored or fulfilled ("Merchant"), and the fulfillment provider performing the services ("Provider"). It supplements, and is incorporated into, the Swifty3PL Terms of Service. This is a business-to-business agreement.
Services may include inbound receiving, putaway, storage, inventory management, order pick-and-pack, shipping and labeling, returns processing, and related value-added services, as configured for the Merchant. Specific pricing, locations, and any Merchant-specific terms are set out in the applicable service order or rate schedule.
Providers will use commercially reasonable efforts to meet the following target service levels, measured monthly, unless a different SLA is agreed in a service order:
SLA targets are performance goals and do not, by themselves, create a guarantee of any specific outcome for any individual order. Carrier transit times are set by the carrier and are outside our control. Force-majeure events, inaccurate Merchant data, and out-of-spec inbound shipments are excluded from SLA measurement.
Merchant goods are stored at the Provider's facility at the Merchant's risk except as expressly provided in Section 5. Merchants must ship goods that are properly packaged, labeled, and compliant with all laws, and must not send prohibited, hazardous, perishable-without-agreement, recalled, or illegal items. Storage, handling, and special-requirement fees apply as set out in the rate schedule.
Title to and ownership of stored inventory remains with the Merchant at all times. Neither Swifty3PL nor the Provider acquires any ownership interest in the goods. Merchant represents that it owns or is authorized to store and sell the goods.
A Provider is responsible for physical loss of or damage to Merchant inventory in its custody that is directly caused by the Provider's failure to use reasonable care ("Covered Loss"). A Provider is not responsible for loss or damage caused by: Merchant packaging or data errors; inherent product defects, spoilage, or ordinary shrinkage; concealed damage not noted at receiving; force-majeure events; or acts of the Merchant or third parties.
Liability for a Covered Loss is limited to the lower of the Merchant's documented wholesale cost of the affected units or US$0.50 per pound of the affected goods, and in no event more than US$500 in the aggregate per occurrence, unless a higher declared value and corresponding fee were agreed in writing before the loss. Merchants who need protection above this limit must declare a higher value and/or carry their own goods insurance (Section 6).
Claims for a Covered Loss must be submitted in writing within thirty (30) days after the Merchant knew or should have known of the loss, with supporting documentation. Failure to file within this window waives the claim.
Providers will maintain commercially reasonable general liability and warehouse legal liability insurance consistent with industry practice. Merchants are responsible for insuring the full value of their own goods against loss or damage (for example, through inventory or cargo insurance), because the Provider's liability is capped as described in Section 5. Nothing in this Agreement makes Swifty3PL or a Provider the insurer of Merchant goods.
Fees are set out in the applicable rate schedule or service order and are billed on the stated cycle. Past-due amounts may accrue interest of 1.5% per month, and we may suspend services or exercise a lien over stored goods for balances more than 30 days past due, to the extent permitted by law.
Either party may terminate services on thirty (30) days' written notice. We may suspend or terminate immediately for material breach, unlawful goods, or non-payment. On termination, the Merchant remains responsible for outstanding fees and must arrange removal or transfer of inventory; unclaimed goods may be handled as permitted by applicable warehouse-lien law.
To the maximum extent permitted by law, Swifty3PL, its parent company ShopWebCo, Inc., and the Providers are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or business interruption. Liability for physical loss of or damage to inventory is governed by Section 5. For any other claim arising out of or relating to a product or these services, total aggregate liability is limited to US$500 (or the fees paid for the services giving rise to the claim in the preceding twelve (12) months, whichever is greater). Nothing here limits liability that cannot be limited under applicable law, such as for gross negligence, willful misconduct, or fraud.
Merchant agrees to defend, indemnify, and hold harmless Swifty3PL, its parent company ShopWebCo, Inc., the Providers, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from the goods stored or fulfilled, the Merchant's violation of this Agreement or any law, or the Merchant's infringement of any third-party right.
Any dispute arising out of or relating to this Agreement will be resolved by final and binding individual arbitration administered by the American Arbitration Association and seated in Dallas, Texas, USA. The parties waive the right to a trial by jury and the right to participate in any class, collective, or representative action; either party may still bring a qualifying individual claim in small-claims court. This Agreement is governed by the laws of the State of Texas, United States, and applicable U.S. federal law, without regard to conflict-of-law principles.
Questions about this Agreement can be sent to legal@swifty3pl.com or by mail to: Swifty3PL, 9600 W Parker Rd, Suite 278-258, Plano, TX 75093, USA.