Agreement to Terms
In tendering the shipment to US which no agent or employee of USA Couriers may
alter. Shipper also agrees to these terms and conditions on behalf of any third
party with an interest in the shipment. Waybills may be prepared by the Shipper
or by USA Couriers with the Shipper’s authority and on its behalf.
Services
USA Couriers will provide transportation services as requested by Shipper and
will arrange for air and surface transportation as required. USA Couriers reserves
the right to use agents or other third parities to fulfill these services.
Payment
for Services
Payment is due net 30 days when the Shipper has an established account, for
those without an account payment by credit card is expected at time of request
. Shipper must have established an account with USA Couriers prior to pick-up.
Shipment fees will be charged based on the greater of actual weight or dimensional
weight (defined as length times width times height of the outside of the package,
divided by 184, i.e., DIM weight). Rates and quotes provided by USA Couriers
employees and agents are based upon information provided by Shipper. Final rates
may vary based upon actual shipment size, weight and services rendered. Shipper
will always be primarily responsible for shipping costs, despite any alternate
payment instructions, as well as any cost incurred in either returning the shipment
or warehousing it pending disposition.
Shipment Weight and Inspection.
All shipments tendered to USA Couriers are subject to reweighing and recalculation
of charges based upon such reweighing. Increments over one pound are rounded
to the next pound. All shipments are subject to inspection by USA Couriers or
government officials at its discretion without notice.
Shipper’s Responsibility
Shipper is responsible for adequately preparing, marking, packing, labeling
and properly describing the contents of the shipment so as to ensure safe transportation
with ordinary handling. Shipper must comply with all applicable local, state
and federal laws, including those governing packing, marking and labeling for
all shipments. Shipper is responsible for any errors in completing the Waybill
that may result in additional billing, including, but not limited to incorrect
addresses, incorrect weight information and incorrect pick-up or delivery times.
If Shipper communicates to USA Couriers that no delivery signature by recipient
is required, USA Couriers shall not be responsible for any loss that occurs
after the delivery of the shipment.
Right
of Refusal
USA Couriers reserves the right to refuse or reject any shipment and may do
so in its sole discretion and without liability. USA Couriers may exercise this
right at any time, and includes situations (among others) when a shipment may
cause damage to or delay other shipments, property or personnel; is likely to
sustain damage or loss in transit due to improper packaging; contains prohibited
items; the account of Shipper is not in good standing; or when acceptance of
a shipment may jeopardize USA Couriers’ ability to provide service to
other customers.
Undeliverable Shipments
USA Couriers will hold undeliverable shipments and will notify Shipper. If Shipper
cannot be notified, the shipment will be held for 30 days after the attempted
delivery date. After 30 days, the shipment will be disposed of at USA Couriers’
discretion. Shipper will be responsible for all transportation, delivery attempts,
storage and disposal charges.
Special Arrangement Required
Shipments weighing in excess of 70 pounds and/or shipments of which the sum
of the greatest outside length plus the greatest outside height plus the greatest
outside width (i.e., DIM weight) exceeds 90 inches may not be acceptable for
shipment. Contact USA Couriers Customer Service at 800-450-4872 to make special
arrangements for large shipments
Hazardous Materials / Dangerous Goods (hereinafter
“HM/DG”, defined domestically under FAA guidelines and defined internationally
under ICAO guidelines) may not be shipped. Although USA Couriers is certified
to transport certain HM/DG shipments, certain restrictions do apply. Contact
USA Couriers Customer Service at 800-450-4872 to make special arrangements to
ship HM/DG.
Limitation on Liability and Liabilities Not Assumed
Unless Shipper declares a higher shipment valuation and pays an additional fee,
USA Couriers’ liability for any loss, damage or delay to, or involving,
a domestic shipment (which shall include all documents or packages consigned
to USA Couriers under a single Waybill) is limited to the lesser of $100.00
(U.S) or the actual value of the shipment. USA Couriers reserves the right to
use other aircraft providers and subcontractors in the transportation of Shipper’s
shipment. Any exclusion or limitation of liability applicable to USA Couriers
shall apply to USA Couriers’ agents, subcontractors and employees and
to any person whose aircraft or equipment is used in the transportation of the
shipment.
USA Couriers shall not be liable for loss, damage, delay or other result caused
by any circumstances beyond the control of USA Couriers, including, but not
limited to, weather, governmental action, mechanical delays, acts of God, strikes
or labor disturbances, civil commotion, war, terrorism, fuel shortages, any
act or default of Shipper or consignee, inherent vice or defect of the shipment,
or violation by Shipper or consignee of any of these Terms and Conditions.
USA COURIERS WILL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL,
INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT USA COURIERS HAD KNOWLEDGE
THAT SUCH DAMAGES MIGHT BE INCURRED.
Declared Value Limits.
Shipper may elect to declare a higher valuation for loss or damage purposes
(other than damage caused by delay) by designating the amount in the Declared
Value space to a USA Courier Customer Service representative and paying an additional
fee for each additional $1000 of declared value (currently $10.00 per $1000).
Declared values for items of extraordinary value cannot exceed $500 without
approval. Items of extraordinary value include shipments containing such items
as artwork, jewelry, furs, film, precious metals, negotiable instruments or
other unique one of a kind items. For all other shipments, the declared value
may not exceed $10,000. Any declared value in excess of $10,000 must be pre-approved
by USA Couriers prior to shipment. Arrangements for declaring values in excess
of $10,000 can be made by calling USA Couriers Customer Service at 800-450-4872.
In the event Shipper should declare a higher shipment valuation as permitted
hereunder, USA Couriers’ maximum liability shall be the value so declared
or the actual value of the shipment, whichever is less. Shipper is responsible
for proving the actual loss or damage.
Claims.
All Claims for lost or damaged shipments must be made in writing and received
by USA Couriers at its offices located at 15 Court Square #400, Boston, MA 02108
or faxed to 617-918-9800 within 5 days after the date of acceptance of the shipment
from USA Couriers. Any damaged shipment and its original packing material must
be made available to USA Couriers for inspection at the delivery location shown
on the Waybill. USA Couriers is not obligated to act on any claim until Shipper
has paid all charges related to such shipment. The amount claimed cannot be
deducted from outstanding charges related to shipments transported under this
or any other Waybill. Shipper is responsible for providing adequate documentation
to support the actual or declared value of the loss.
Choice of Law.
These terms and conditions shall be interpreted and enforced according to the
laws of the State of Massachusetts or applicable federal law.