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1. Time limit
If you have any claim against us, you must file your claim in writing within 30 days from the date we accept your package for shipment or transportation. If you do not file your claim within 30 days from the date we accept your package for shipment or transportation, your claim shall be extinguished.
2. No Set Off
You expressly agree not to set off any claims that you may have against us against any payment you owe to us.
If you have a claim for loss or damage to property which we have accepted for shipment or transportation, you must submit the claim, in writing within 30 days from the date we accept the property for shipment or transportation. You must assert our liability. Your claim must be for payment of a specified or determinable sum of money. We will not entertain any claim which is not accompanied by an original invoice. If no invoice is available, you must certify in writing the purchase price of the property or the actual or replacement cost or the extent of damage. Any claim which is not in compliance will not be entertained by us.
You must file such claims for loss or damage to property within the following time limits: for both domestic and international shipments, claims must be filed within 30 days after delivery of the package or, in case of failure to make delivery, then within 30 days after a reasonable time for delivery has elapsed.
If you wish to institute any civil suit against us for denial of your claim or any part thereof, you must do so with two years from the date of denial. If you do not institute the suit within two years from the date of denial, your claim shall be deemed waived. You expressly acknowledge and agree that a request for proof of delivery does not constitute the filing of a claim.
When you file your claim with us in the proper manner as explained in section 3, we will acknowledge the receipt of your claim in writing or electronically within 30 days from the date of receipt of your claim unless we have already paid or denied your claim. Once we receive a claim in the proper manner, we will create and maintain a new file containing all details of the claim and investigate the claim.
Once we receive any claim from you for loss or damage to property, we will promptly and thoroughly investigate your claim, unless we have made the investigation before we received your claim.
For us to thoroughly investigate your claim, you must provide us the following when you submit your claim - evidence of payment of the shipping and any declared value charges; and either the original invoice, a photocopy of the original invoice or an exact copy thereof, or an extract made there from, certified by the claimant to be true and correct with respect to the property and cost thereof involved in the claim, or certification of prices or costs, with trade or other discounts, allowance, or deductions of any nature whatsoever and the terms thereof, or depreciation reflected thereon; provided, however, that where the property involved in a claim has not been invoiced to the consignee shown on the bill of lading or receipt or where an invoice does not show price or cost, or where the property involved has not been sold, or where the property has been transferred at bookkeeping values only, we will, before paying a claim thereon, require you to establish the value in the quantity shipped, transported, or involved and to certify the correctness thereof in writing.
During our investigation we may request the original shipping record or source document. If you fail to provide the original shipping record or source document when requested, it will be deemed a waiver of your claim. If your claim exceeds $1000 and your request for shipment was made through the internet, you must provide a copy of the signed receipt obtained from us at the time of tender.
If your claim is for damage to a package, you must provide the original package to us for inspection.
If we are unable to authenticate a claim upon investigation, we will obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been delivered by us or by any other source. We may require you to file a police report and providing a copy of the filed report to us in support of your claim.
If we pay the actual cost, the purchase price, or the replacement cost of the property, we will own all rights, title to, and interest in the property. We reserve the right to obtain the property for salvage. We must receive the damaged property in the same condition as on the date the damage was incurred failing which we will not make any payment.
We will pay, decline or offer a firm compromise to you within 120 days from the date of receipt of your claim. If we are unable to process and dispose off your claim within 120 days from the date of receipt of your claim, we will at the end of 120 days from the date of receipt of your claim and every subsequent 60 day period inform you about the status of your claim and the reasons for delay.
7. Limitations of Liability
We will not pay your claim until you have paid all transportation and other charges.
We will shall not be liable or responsible for:
Every package we receive for shipment or transportation is automatically protected by against loss or damage up to a value of $100. You acknowledge that this is a reasonable value for the shipment or transportation and we will not be liable for more than $100 for any package.
We do not provide any insurance for the package. If you want to insure your package, you must do so from third party insurance providers at your own cost and risk.
If the value of your package is worth more than $100, you declare it at the time you request our shipping or transportation service and pay additional charges at our applicable rates. We will not be liable for any amount in excess of the declared value. The maximum declared value is subject to applicable tariff. Any declared value in excess of the maximums allowed in our applicable tariff or service guide is null and void. Prepaid letters cannot have a declared value.
The declared value per package cannot exceed $15,000 except for:
When you declare a value for a package, it does provide protection for, and you may not declare a value for protection for, damages related to providing or failure to provide Cost On Delivery (C.O.D.) service, including, but not limited to: failure to collect the C.O.D. amount; failure to collect the specified form of payment; collection of an instrument in the wrong amount; failure or delay in delivering the collected instrument to the shipper; or collection of forged, insufficient funds or otherwise invalid instruments.
If we loose or damage any property during shipment or transportation, our liability shall be limited to the lesser to:
If you use our services for shipment of package(s) containing:
We will not be liable for
Acceptance for carriage of any package or shipment bearing a declared value in excess of the allowed maximums specified in our applicable tariff or service guide, or any package or shipment containing articles that you are prohibited from shipping, that we do not or is not authorized to accept for transportation, that we state we will not accept, or that we have a right to refuse, does not constitute a waiver of any limitation of our liability or responsibility for any damage or loss to such package or shipment.
If we fail to deliver in accordance with our Service Guarantee, we will at our option and sole discretion either credit or refund the transportation charges for each such package to the payer only, upon request, provided that the conditions set forth in our Service Guarantee are met. We will under no circumstances be liable for:
We reserve the right to route the shipment in any way we deem appropriate. There are no stopping places or agreed routes at the time of tender of the shipment. The rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, on October 12, 1929, and any amendments thereto shall apply to the international carriage of any shipment insofar as the same is governed thereby.
8. Terms and Conditions of Service
All shipments are subject to our Terms and Conditions. We may appoint subcontractors to provide transportation and incidental services and such subcontractors shall have the benefit of our liability policy.
We may although we are not required to, return to you any package containing an article of unusual value solely at your risk and expense.
10. Biological Materials
Any package containing biological materials shall be considered a perishable commodity and will be accepted for transportation solely at your risk for any damage arising from the perishable nature of the item.
We will not be liable for any other liability except those specifically listed in this liability policy. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention before or after acceptance of the shipment.
12. Governing Law
The substantive laws of the State of California as applicable to contracts shall govern the validity and interpretation of this Liability Policy and all other causes of action (whether sounding in contract or in tort) arising out of or relating to this Liability Policy without giving consideration to principals of conflict of law. You hereby submit to the exclusive forum, jurisdiction and venue of the courts in Buena Park, California for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any of our officer, director, partner or employee in any jurisdiction other than California. You expressly agree that any action to enforce a judgment may be instituted in any jurisdiction.