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All shipments tendered to Air & Surface
Logistics, its employees and agents are subject to the terms
and conditions described below. A copy of these terms and conditions
may be found on the back of Air & Surface Logistics "Express
Shipping Document".
Definitions:
References contained in these
Terms and Conditions to "we", "our" and "us"
refer to Air & Surface Logistics, its employees and agents.
"You" and "your" refer to the sender, its
employees and agents.
Agreement To Terms:
By giving us your package to
deliver, you agree to all of the terms described herein.You also
agree to these terms on behalf of any third party with an interest
in the package. No one is authorized to change the terms of our
Agreement.
Responsibility for Packaging
and Completing This Document:
You are responsible for adequately
packing your goods for shipment and accurately completing our
"Express Shipping Document" (ESD). If you omit, the
number of packages and/or weight per package on the ESD, our
billing will be based on our best estimate of the number of packages
we received and/or an estimated "default" weight per
package, as determined by us.
Responsibility for Payment:
Even if you give us different
payment instructions, you will always by primarily responsible
for all delivery costs, as well as any costs we incur in returning
your package to you or warehousing it pending disposition.
Limitations On Our Liability
and Liabilities Not Assumed:
Our liability in connection any
shipment is limited to the lesser of your actual damages or $100,
unless you declare a higher value, pay an additional charge,
and document your loss within thirty (30) days from the date
of delivery. You may pay an additional charge for each additional
$100 of declared value.
In any event, we will not be
liable for any damage, whether direct, incidental, special or
consequential in excess of the declared value of a shipment,
whether or not Air & Surface Logistics had knowledge that
such damages might be incurred, including, but not limited to,
loss of income or profits.
We won't be liable:
-for your acts or omissions,
including but not limited to improper or insufficient packaging,
securing, marking or addressing.
-for loss or damage to shipments
of hazardous, dangerous or prohibited items
-for loss, damage or delay of
events we cannot control, including but not limited to acts of
God, perils of the air, weather conditions, acts of public enemies,
war, strikes, civil commotions or acts of public authorities
with actual or apparent authority.
-If you or the recipient violates
any of the terms of our Agreement.
Declared Value Limits:
The declared value of any shipment
is subject to the following terms and conditions
The highest declared value allowed
for an envelope is $100
The highest declared value for
all other types of shipments is $50,000.
You may not insure items of "extraordinary
value", including, but not limited to items such as artwork,
jewelry, furs, precious metals and negotiable financial instruments.
You may send more than one package
on this Express Shipping Document, however, the combined shipment
may not be insured for more than a combined maximum of $50,000.
You are responsible for proving
the actual loss or damage to any shipment.
Filing a Claim:
You must make all claims IN WRITING
and notify us within thirty (30) calendar days of the date of
the shipment. You may contact our Customer Service department
to report a pending claim, however, you must still file a WRITTEN
claim. Claims should be mailed to the attention of our Claims
Department at: 2640-L Walnut Avenue, Tustin, CA 92780.Within
ninety (90) days of receipt of your written claim, you must provide
us with all of the relevant information you have regarding the
shipment.We are not obligated to act on any claim until you have
paid all transportation charges. 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, the
package will be considered to have been delivered in good condition.
For us to process your claim, you must make the original packaging
and shipping cartons available for inspection by us.
Right to Inspect:
We may, at our option, open and
inspect your packages before or after you give them to us to
deliver.
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