Terms and Conditions
RESPONSIBILITY FOR PACKAGING AND COMPLETING BILL
You are responsible for adequately packaging your goods and for properly filling out this bill. Because the number of packages and weight per package are critical to our ability to correctly bill you, any ommission of this information from this bill will result in a billing based on our best estimate of the number of packages received from you and an estimated "default" weight per package, as determined and periodically adjusted by us:
LIMITATIONS ON OUR LIABILITY
Our liability for loss or damage to your package is limited to your actual damages or $50.00 whichever is less, unless you pay for and declare a higher value. We do not carry cargo liability insurance, but you may pay 25 cents for each additional $100 of declared value, If you declare a higher value and pay the additional charge, our liability will be the lesser at your declared value or the actual value of your package.
Our liability for delays not caused by your negligence shall be limited to a refund of your delivery charges. We won't be liable for your acts or omissions, including but not limited to improper or insufficient packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the package. Also, we won't be liable if you or the recipient violates any of the terms of our agreement.
Finally, we won't be liable for loss, damage or delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.
WE WON'T BE LIABLE IN ANY CASE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT BE INCURRED.
DECLARED VALUE LIMITS
The highest declared value we allow is $5,000 per shipment unless your shipment contains items of "extraordinary value," in which case the declared value will be disallowed. Items of "extraordinary value" include artwork, glass, furniture, jewelry, precious metals, negotiable instruments. However, if more than one shipment is shipped on this bill, our liability for loss or damage will be limited to the total declared value (not to exceed $5,000 per shipment) regardless of the number of packages lost or damaged. You have the responsibility of proving the actual loss or damage.
FILING A CLAIM
ALL CLAIMS MUST BE MADE BY YOU IN WRITING, WITHIN 15 DAYS AFTER WE DELIVER YOUR PACKAGE IF YOUR CLAIM RESULTS FROM SHORTAGE, DAMAGE OR DELAY; OR WITHIN 180 DAYS, AFTER WE ACCEPT YOUR PACKAGE IF YOUR CLAIMRESULTS FROM NON-DELIVERY.
Within 90 days after you notify us of your claim, you must send us all relevant information about it. We are not obligated to act on any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges.
If the recipient accepts your package without noting any damage on the delivery record, we will assume that the package was delivered in good condition. In order for us to process your claim, you must, to the extent possible, make the original shipping cartons and packing available for inspection.
Claims for overcharges and refunds must be made in writing within 12 months of the billing date.
RIGHT TO INSPECT
We may, at our option, open and inspect your packages prior to or after you give them to us to deliver.
RESPONSIBILITY FOR PAYMENT
Even if you give us different payment instructions, you will always be primarily responsible for all delivery costs, as well as any costs we may incur in either returning your package to you or warehousing it pending disposition.
QUALIFIED ACCEPTANCE
We reserve the right to reject a shipment after acceptance and prior to the performance of any portion of the transportation service, when such shipment would be likely to cause damage or delay to other shipments, equipment or personnel, or if the transportation of which is prohibited by law.
Express-It Company Inc.
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