Terms and conditions for the use of US Unlocked services
Welcome to US Unlocked. US Unlocked LLC (“US Unlocked”or “US Unlocked.com”) is a service provider that enables people that live outside the USA to shop online in the United States of America (“USA”, “US”, America”) through its website www.usunlocked.com subject to the following conditions. Before you submit your personal data in the sign up procedure, you will be asked to check the box to agree to the US Unlocked Terms and Conditions. You will need to agree in order to be able to access the member areas and services of our website.
Website License Agreement
Usunlocked.com Website License Agreement
IMPORTANT - READ CAREFULLY. This is a legal agreement ("Agreement") between you and US Unlocked LLC ("US Unlocked"), its successors and assigns, for the usunlocked.com website (hereafter collectively referred to as the "Website"). BY CHECKING THE BOX FOR ‘I agree to US Unlocked terms and conditions”, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT CHECK THE BOX AND DO NOT USE THE WEBSITE.
1. GRANT OF LICENSE
Subject to the terms and conditions set forth in this Agreement, US Unlocked hereby grants to you and you accept a non-exclusive, non-transferable license ("License") to use this Website. However, your license to use this Website will terminate immediately if you breach any of these terms. Upon the expiration or termination of this License, you must immediately discontinue use of this Website. US Unlocked reserves the right to terminate this license for any reason without notification.
2. Fee
There is no fee for this license, but to access some areas of the website you are required to register. As part of registration, you must provide valid contact information. Please read the current privacy policy below for more information on US Unlocked use of your contact information.
3. Restrictions
You shall not have the right under this Agreement to (2) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Website or its structural framework; or (3) to Use the Website in whole or in part for any purpose except as expressly provided under this Agreement.
4. Ownership
You acknowledge and agree that all right, title, and interest in and to the Website and the US Unlocked name and logo, our product names, including all patents, copyrights, and trade secrets and other intellectual property rights granted herein are and will remain the property of US Unlocked, subject only to the licenses granted to you under this Agreement. This Agreement is not a sale and nothing contained herein will be deemed to grant you any right, title, or interest in or to the Website, the US Unlocked name or logo, our product names or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto.
5. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, US UNLOCKED AND ITS SUPPLIERS PROVIDE TO YOU THE WEBSITE AND SERVICES RELATED TO THE WEBSITE (‘SERVICES”) AS IS AND WITH ALL FAULTS; AND US UNLOCKED AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE WEBSITE AND SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDANCE TO DESCRIPTION OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND ANY SUPPORT SERVICES REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL US UNLOCKED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IF US UNLOCKED OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF US UNLOCKED AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. Miscellaneous
8.1 Governing Law. This Agreement is governed and shall be construed in accordance with the internal laws of the State of New Jersey, and any action arising out of or in any way connected with this Agreement shall be brought only in Federal or State Court in New Jersey. 8.2 Captions. The captions and titles in this Agreement are not considered part of this Agreement, and are placed for convenience of the reader only. 8.3 Severability. If any term or provision of this Agreement is found to be invalid under any applicable statute or rule of law, then that provision not withstanding, the terms and conditions of this Agreement will remain in full force and affect, and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of the unenforceable or invalid provision within the limits of applicable law or applicable Court decisions. 8.4 Survival of Certain Terms. The provisions of articles 2, 3, 4, 5, 6, 7, and 8 will survive the termination of this Agreement. 8.5 No Joint Venture. Nothing contained in this Agreement shall be construed so as to make the Parties partners or joint ventures or to permit either party to bind the other party to any Agreement or purport to act on behalf of the other party in any respect. 8.6 Waiver. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default hereunder in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances. 8.7 Compliance With Law. Licensee will comply with all applicable laws in connection with the Use of the Licensed Website including compliance with all export control laws and regulations of the states of the United States and the United States as such may be amended from time to time.
It is understood by the customer:
(General)
That he or she is at least 18 years of age and is legally able to accept the terms and conditions defined in this agreement.
That US Unlocked is not liable for any merchants, their services, their products, their promotions or any of their actions in regard to the customers of US Unlocked.
That US Unlocked reserves the right to modify at any time, the rates, terms and conditions. It is understood that changes will apply to all new orders.
That US Unlocked in its sole discretion has the right to cancel a customer’s account, refuse service, remove or edit content or cancel orders.
That it is the customer’s sole responsibility of maintaining the confidentiality of your account and password and for restricting access to his/her computer, and customer agrees to accept responsibility for all activities that occur under his/her account or password.
That US Unlocked does not allow anybody to register at US Unlocked or do any business with US Unlocked whatsoever who appears on the list of active denied persons from the US Bureau of Industry and Security (http://www.bis.doc.gov/dpl/default.shtm
(US Unlocked Card)
That the US Unlocked Card is a virtual card. The US Unlocked Card holder only possesses its card data but not the physical plastic card. The US Unlocked Card is a program of the NxPay platform. Terms of use can be found on www.nxpay.com. US Unlocked cannot be held liable for any decisions that are made by NxPay in relation to the US Unlocked Card and/or their card data holders.
That it is the customer's responsibility to prevent misuse of his US Unlocked Card data. Passing on his/her Card data or login info to others is at the customer's risk. US Unlocked shall not be held liable for any unwanted use of the US Unlocked Card in this event.
That these are the rules of loading the US Unlocked Card:
• Addresses of US Unlocked user account, NxPay account/US Unlocked Card and credit card shall match
• Customer’s load amount will be put on his/her card only after US Unlocked has received it
• Customer’s load amount shall only be put on his/her US Unlocked Card if he/she has uploaded an image of his/her valid identification and a copy of a recent bill addressed to the customer's name and US Unlocked has accepted it
• Valid identification means a passport or driver’s license that has not expired.
• First time load shall always be a bank account load.
• Bank account loads through US Unlocked website are anticipated loads, customer will have to perform the actual transaction with his/her bank him/herself
• When performing the bank transaction for bank account load, customer transfers the desired load amount to the bank account number that was provided to him/her by NxPay at the time of submitting the anticipated load
• Customer must mention the reference number.
• If customer have not performed the actual bank account transaction 5 days after having submitted the anticipated load to NxPay, the bank account number provided to him/her at that time will no longer be valid.
• Credit card loads shall only be accepted after having performed a first time bank account load.
• Unless customer has provided the following documentation, US Unlocked will not put any credit card loads on the US Unlocked Card.
• A copy of:
- front and back side of customer’s credit card
- customer’s latest credit card bill
- utility bill (gas/phone)
• On any load or withdrawal, customer will be incurred a fee. Maintenance fees are incurred on a monthly basis and are $4.50. In the event of zero balance these fees will be waived, if the balance is less than $4.50, that balance will be deducted, the remainder due will be waived.
(Personal Shopping)
That US Unlocked shall not be held liable for any items that are ordered incorrectly.
That the total of the purchasing cost, personal shopper fee must have been paid in full before US Unlocked proceeds to perform the requested purchase.
(Shipping)
That all goods shipped through US Unlocked are made pursuant to below US Unlocked SHIPPING CONDITIONS OF CONTRACT. This means that the risk of loss and title for such items pass to you upon the delivery of your goods to our warehouse in the USA.
That only those packages that are addressed to the shipping address issued at the time of placing shipping order (single use shipping address) will be handled.
That a fee of a minimum of $10 is charged in the event a package is delivered unregistered and/or to the incorrect address.
That the single use shipping address provided by US Unlocked can in fact only be used a single time for the shipment which goods were declared at the time of placing the shipping order. The unique reference number that is part of the single use shipping address contains all the specifics needed for correctly shipping and declaring these specific goods. If the customer were to re-use the same shipping address for a new shipment, the specifics held by the unique reference number would not match with the goods and therefore the package would not be shipped and declared correctly. All such packages will not be handled and returned to the place of origin. US Unlocked cannot be held responsible for the consequences.
That the customer is required to accurately fill out the required information at the time of placing the shipping order, since he is declaring the goods to customs at that time.
That the actual shipping cost of an order will be determined upon receipt in the US Unlocked warehouse by either weight or volumetric weight (length x height x width(inches) /166) whichever one is greater.
That the actual shipping cost must be paid by the customer before the shipment can be shipped to him.
That US Unlocked reserves the right, but is not required, to open and inspect any package tendered to it for transportation. If during those inspections, US Unlocked discovers a package which is incorrectly declared (meaning: which goods or value do not coincide with those declared on the shipping order at the time of placing that particular order) and/or contains prohibited items, that package is placed on hold. US Unlocked withholds the right to decide how to resolve this situation depending on the gravity of the incorrect declaration. Any costs resulting from this event are to be paid by the customer. The US Unlocked account of this customer may be cancelled as a result.
That in the event a package, which goods have been incorrectly declared at the time of placing the shipping order, is caught by Customs, Customs might decide to fine or confiscate the goods. Any cost resulting from this will be charged to the customer who authorized the shipment. The US Unlocked account of this customer will be cancelled as a result of the event.
That US Unlocked may require the customer to provide the details of his shipping order placed through US Unlocked, by sending the merchant's order confirmation. In the event that the information on the merchant' s order confirmation does not coincide with the details of that specific shipping order, the package is placed on hold until the difference in shipping charges due based on the correct shipping details has been paid by customer. Payment has to have been received within 24 hours after requesting it, or the package is sent back to the place of origin. US Unlocked cannot be held responsible for the consequences thereof.
That US Unlocked shall not be held liable for decisions made by local agents in the country of destination.
That in case of failure to receive the goods or obstruction of the delivery of the goods surcharges may be levied and are to be paid by the consignee. Below are the possible surcharges that the consignee will be charged with in such event. The actual surcharges depend on the terms of the local agent in the destination country for which US Unlocked shall not be held liable.
Possible Surcharges
Hard Copy POD- $10.
Re-Route- $25 admin charge + destination fee.
Return- 150% of shipping + clearance fee.
Destroy/ Discard- $15 min
*Heavyweight- $45 min for 70Lbs+/per piece.
Storage-$15 per 100kg per day.
Delivery Reattempt- fees vary by destination.
That US Unlocked does not provide return service. In case goods do not turn out satisfactory it is the customer’s sole remedy to return the item to the merchant on his own behalf.
That it is the customer’s ole responsibility to choose sizes, product regions, voltages, systems etc that will fit or function in the destination country.
That US Unlocked will use commercially reasonable best efforts to prevent any fraudulent use of the US Unlocked service. US Unlocked works diligently to prevent credit card fraud and cancels any customer accounts engaged in such activity and returns the merchandise to the merchant. US Unlocked may require documentation from customers to ensure against fraud, such as scanned copies of identification. US Unlocked also prohibits use of the US Unlocked service for multi-level marketing, pyramid schemes, receiving checks and/money orders, and other business practices easily subject to abuse.
That all commodities, technology or software are exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. Law prohibited.
That the following goods are prohibited from shipping through US Unlocked:
• Drugs (unlicensed, illegal, prescription, over the counter)
• Weapons
• Indecent and obscene material
• Pornographic material
• Counterfeit and pirated goods
• Meat, milk and other animal products
• Food and food supplements
• Tobacco products
• Alcoholic products and flammables
• Firearms, explosives and ammunition
• Live animals
• Endangered species, dead or alive
• Plants and their produce
• Radio transmitters
Import Fees
Items for shipment to countries outside of the U.S. are subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The import fees are the sole responsibility and liability of the consignee.
Surcharges
Insurance- $8+1% of value up to $5000, after which a shipment must travel via FGX White Glove service at separate surcharge level.
Hard Copy POD- $10.
Re-Route- $25 admin charge + destination fee.
Return- 150% of shipping + clearance fee.
Destroy/ Discard- $15 min
*Heavyweight- $45 min for 70Lbs+/per piece.
Storage-$15 per 100kg per day.
Delivery Reattempt- fees vary by destination.
Privacy Policy and Security
Information Collection
US Unlocked is the sole owner of the information collected on www.usunlocked.com. US Unlocked collects information from our users at several different points on our Website.
Registration
In order to use some portions of this website, a user must first complete the registration form and login. During registration a user is required to give contact information (such as name and email address). We use this information to contact the user about products and services on our site for which he or she has expressed interest. Registered users are also called members.
Communications
Any contact information included with a specific request sent to US Unlocked will only be used to fulfill such a request. For example, users may contact us with questions about this privacy policy and the return e-mail address will only be used to answer such questions.
Information Use
Profile
We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user’s visit to our Web site, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.
Cookies
A cookie is a piece of data stored on the user’s computer tied to information about the user. We use temporary cookies and persistent cookies.
Temporary cookies our used on our website to remember a user's identity after login when accessing different pages on the website. This is simply a useful way for us to recognize a user that has logged in. This type of cookie is only stored in the computer's memory and expires once all the windows of a user's web browser are closed. A temporary cookie is required to access member-only areas of our website.
Persistent cookies are used on our website to remember a user's login information for the next time the user visits the website. The choice to use a persistent cookie is optional and can be disabled by leaving the
Communications from the Site
Emails are sent after every action performed on the website by customer to confirm this action and to provide. Members will occasionally receive information on products, services, special deals, and a newsletter. If you no longer wish to receive such communications you may deactivate your membership by sending an e-mail to info@usunlocked.com. Please include your full name and e-mail address.
Sharing
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
Aggregate Information (non-personally identifiable)
We reserve the right to share aggregated demographic information with our partners and advertisers. At this time we have no specific arrangements in place. This is not linked to any personally identifiable information.
These are the instances in which we will share users’ personal information:
Service Providers
We partner with other third parties to provide specific services. When the user signs up for these particular services, we share names, and other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Business Transitions
In the event US Unlocked goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given a choice consistent with our notification of changes section.
Links
This Web site contains links to other sites. Please be aware that we, US Unlocked LLC, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by e-mailing info@usunlocked.com.
Contact Information
If users have any questions or suggestions regarding our privacy
Policy, please contact info@usunlocked.com.
Security
We work to protect the security of customer’s information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information customer inputs.
It is important for customer to protect against unauthorized access of his/her password and to his/her computer. Customers should always log out when finished using a shared computer.
U.S. Unlocked SHIPPING CONDITIONS OF CONTRACT
(Applicable on all shipments)
1. By tendering the shipment described herein for transportation, Customer, for himself and all other parties at any time having an interest in the goods, agrees to these Conditions of Contract, which no agent or employee of the parties may alter.
2. As used in this Contract, "Carrier" means World Wide Retailer, and all surface and air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such carriage. “Customer” means the shipper, sender, consignee or recipient of the shipment that is identified or person who is responsible for Carrier’s freight charges, together with their respective employees and agents.
3. Customer warrants that: (a) it is either the owner or authorized agent of the owner of the goods and that it is accepting these Conditions of this Contract not only for itself, but also as agent for and on behalf of the owner; (b) the description and particulars of any goods furnished by or on behalf of Customer are complete and accurate; (c) all goods have been properly and sufficiently prepared, packed, labeled and/or marked appropriate for any operations or transactions affecting the goods and characteristics of the goods; (d) the goods do not comprise or contain any explosive, incendiary or other device, hazardous substance or weapon which may endanger life or the safety of any transport conveyance or which may cause or is likely to cause loss, damage, injury to or death of any person or property; and (e) the goods do not contain any dangerous or hazardous materials within the meaning of the most current IATA Dangerous Goods Regulations ("Regulations") and Customer will not tender such goods to Carrier without obtaining Carrier's prior written consent. Where such consent is granted, Customer warrants that all such goods are packed, marked, and labeled and otherwise meet all documentation requirements and provisions of the Regulations and it has complied with all statutes, rules and regulations of any and all governments and governmental agencies governing its activities.
4. (a) It is mutually agreed that the shipment described herein is accepted for carriage on the date hereof in apparent good order (except as noted). (b) To the extent not in conflict with the foregoing, carriage hereunder and all other services performed by each Carrier are subject to (i) applicable laws, government regulations, orders and requirements; (ii) provisions herein set forth; and (iii) applicable tariffs, rates, rules, regulations and timetables (but not the times of departure and arrival therein) of such Carrier.
5. Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Carrier may substitute alternate carriers or aircraft and may without notice and with due regard to the interests of the Customer substitute other means of transportation. Carrier is authorized by Customer to select the routing and all intermediate stopping places it deems appropriate or to change or deviate from any routing instructions shown on the face hereof. For international air shipments, Carrier reserves the option to act as an agent of the airline instead of as a Carrier, in which event the direct airline's tariffs shall apply.
6. All shipments are subject to being opened and inspected by the Carrier. No liability shall attach to Carrier if Carrier refuses to carry a shipment based on a good faith determination of what it understands to be the applicable law, regulation, demand, order or requirement.
7. Carrier reserves the right to reject any goods of a dangerous or damaging nature, any security classified cargo, and any goods subject to the Arms Export Control Act. If such goods are accepted and then in the opinion of Carrier it decides that such goods constitute a risk to other shipments, property, life or health, Carrier reserves the right at the expense of Customer to remove or otherwise deal with the goods. Customer will be responsible for the suitable reception, handling, and storage of such cargo in accordance with the Regulations and all other international, federal, state and local ordinances, regulations and instruments.
8. Customer hereby indemnifies and holds Carrier harmless from and against any and all liabilities, claims, losses, costs, damages, and expenses arising out of or related to: (a) Customer's or its agents' breach of, or failure to observe or perform any of, the warranties contained herein; (b) the negligence of Customer or its agents or the violation of any applicable laws or regulations by Customer or its agents; or (c) any and all duties, taxes, levies, fines, penalties and other outlays imposed by any authority in relation to the goods arising out of Carrier acting in accordance with Customer's instructions or in a manner customarily expected of a freight forwarder under the circumstances.
9. Customer shall comply with all applicable laws and other government regulations of any jurisdiction to, from or through which the shipment may be carried, including those relating to the packaging, carriage or delivery of the shipment, and shall furnish such information and attach such documents to this waybill as may be necessary to comply with such laws and regulations. Carrier shall not be obligated to inquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to Customer for damage, delay, loss or expense due to the Customer's failure to comply with this provision.
10. Shipment is subject to charges for actual or dimensional weight in accordance with Carrier's applicable rules. In case of loss or damage, the weight to determine Carrier's limit of liability shall be only the actual weight of the package or packages or a pro rata share in the case of a partial shipment loss or damage.
11. Subject to the conditions herein, Carrier shall be liable for the goods for the period they are in its charge or the charge of its agent. Carrier's transportation rates and/or insurance/declared value charges are established based on these Conditions of Contract, including the limitations of liability provided herein. PRIOR WRITTEN AUTHORIZATION BY U.S. UNLOCKED OR WORLD WIDE RETAILER CORPORATE OFFICE is required for shipments with a declared value over $50,000.
12. For international air shipments not having a declared or insured value declared at time of shipment, the total liability of Carrier shall in no event exceed 17 Special Drawing Rights (SDR) per lost or damaged kilogram. The value of 1 SDR is as determined by the International Monetary Fund at the date of judgment as converted into national currency in round figures under applicable law.
13. For shipments where insurance is requested by the Customer prior to acceptance by Carrier, the total liability of Carrier shall in no event exceed the declared or insured value of the shipment/piece or the actual value of the shipment/piece, whichever is less, plus the amount of any transportation charges for which Customer may be liable. An additional charge will apply for shipments having a declared or insured value. (a) Insurance on used equipment must have prior written authorization from Carrier. The value of any approved used equipment will be based on current market value. Carrier will not be responsible for mechanical derangement unless resulting from a peril covered under Carrier’s open policy. (b) Carrier's maximum liability for any ENVELOPE or LETTERPAK is $25.00. (c) Exclusions: Carrier will not be responsible for loss or damage of accounts, bills or money, antiques, deeds, evidence of debt, notes, securities, negotiable instruments, bonds, jewels, watches, perishables, precious stones, live plants or animals, original works of art or artwork, glass, neon signs, lighting fixtures, data from any media, personal effects (new or used), wearing apparel (used), computer or electronic equipment (other than physical damage), or any types of models or prototypes.
14. Carrier's liability for claims must be a direct result of Carrier's negligence. Payment of any claim shall be subject to proof of actual loss or damages suffered. Claims must contain a copy of the original purchase invoice and other documentation reasonably requested by Carrier. Carrier shall not be liable in any event for any consequential or special damages resulting from any damage or loss whether or not Carrier had knowledge that such damages might be incurred. Carrier shall not be liable for shipment and/or consequential loss, damage, delay or other result caused by: (a) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority, quarantine, riots, authority of law, unavailability in whole or in part of aircraft fuel, strikes, civil commotions or hazards or dangers incident to the state of war or nuclear risk. (b) the act or default of the Customer or consignee. (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof. (d) violation by the Customer or consignee of any of the rules contained in these Conditions of Contract, including, but not limited to, improper description of commodities, improper or insufficient packaging, securing, marking, or addressing and failure to observe any of the rules relating to shipments not acceptable only under certain conditions. (e) unavailability of equipment or space therein. (f) compliance with delivery instructions from the Customer or consignee or non-compliance with special instructions from the Customer or consignee not authorized by Carrier's rules. (g) shortage of articles loaded and sealed in containers by the Customer provided the seal is unbroken at the time of delivery and the container retains its basic integrity. (h) failure of Carrier to pick-up, transport or deliver shipment by a stipulated date or time.
15. Notice of arrival of goods will be given to the consignee or to the person indicated on the face hereof as the person to be notified. On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the Customer prior to arrival, delivery will be tendered to consignee. If the consignee declines to accept the tender of goods, or cannot be communicated with, disposition will be made in accordance with instructions of the Customer. Customer shall be liable for all costs in either returning the shipment or warehousing the shipment pending its disposition or both. When no delivery signature is required, Customer releases Carrier from all liability from any loss or damage claim for the shipment.
16. Except as provided in the following paragraph below, receipt by the consignee of the shipment without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment has been delivered in good order and condition. If loss or damage is found, a notation must be entered on the delivery manifest which accurately reflects the nature and extent of the damage.
17. (a) If loss, damage, misdelivery or nondelivery occurs during carriage, unless written notice of any exception to the condition of the goods is made at the time of delivery, Carrier shall not be liable for any loss, damage or expense incurred by Customer, consignee or other claimant. In the case of concealed loss or damage, the notice period is extended to seven (7) days from date of delivery. No claim shall be considered in the case of loss, damage, concealed or noted unless presented in writing to Carrier within nine (9) months from receipt of the goods. (b) If loss, damage, misdelivery or nondelivery occurs before, during or after international carriage by air, Carrier must be notified in writing of loss, damage or other expense incurred by the Customer, consignee or other claimant; (i) in the case of visible damage or concealed loss or damage to the goods, immediately after discovery of the damage and at the latest within fourteen (14) days from receipt of the goods, with privilege to Carrier to make inspection of the shipment and container within 30 days after receipt of such notice. While awaiting inspection by Carrier, the consignee must hold the shipping container and its contents in the same condition as received insofar as it is possible to do so: (ii) in the case of nondelivery or misdelivery of the goods, within one hundred and twenty (120) days from the date of issue of the waybill. (c) All claims are subject to proof of value. After filing a claim, all documents required to support the claim must be in Carrier's possession within thirty (30) days from the date of Carrier's acknowledgment letter unless waived or extended by Carrier. Failure to submit all supporting documents within this time limitation will result in denial of the claim. No claim with respect to any Shipment will be entertained until all transportation and other related charges have been paid to Carrier. Customer may not deduct the amount of any claim from these charges.
18. Carrier shall not be liable in any action brought to enforce a claim unless the claimant has complied with Carrier's claim procedures. Any rights to damage against Carrier shall be extinguished unless an action is brought within two years from the date written notice is given that Carrier has disallowed the claim in whole or in part or two years from the date on which transportation stopped when involving an international air shipment.
19. If delivery of the goods or any part thereof is not accepted by the consignee of the shipment or any person acting on its behalf at the time and place when and where Carrier is entitled to call upon the consignee to take delivery thereof, Carrier shall be entitled to store the goods or any part thereof in suitably protective storage. In such event the liability of Carrier with respect to the stored goods or that part thereof excepting negligence on the part of Carrier shall cease and the cost of such storage if paid for or payable by Carrier or any agent of Carrier shall immediately be paid by Customer to Carrier upon demand. Carrier shall be entitled to return the said undelivered goods to the location from which the goods originated at the request and expense of Customer. If after ten (10) days no instructions have been given by Customer to return the goods or to have them destroyed, Carrier shall have the option of returning the goods or disposing of them at Customer's expense.
20. Any exclusion or limitation of liability applicable to Carrier shall apply to and be for the benefit of Carrier's agents, servants and representatives and any person whose equipment is used by Carrier for carriage and its agents and representatives. For purposes of this provision, Carrier acts herein as agent for all such persons.
21. If insurance is requested by Customer and if the appropriate premium is paid and these facts are recorded on the Customer’s acceptance of purchase, the goods covered are insured under an open policy of an underwriter chosen by Carrier for the amount requested as set forth on the face hereof (recovery being limited to the actual value of the goods lost or damaged provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at the corporate office of the Carrier by the interested party. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Carrier shall not be under any responsibility or liability in relation thereto. Claims under such policy must be reported in writing immediately to an office of Carrier. All claims are subject to proof of value.
22. Customer, consignee, owner and current possessor of goods shall be liable, jointly and severally, to pay or indemnify Carrier for all claims, fines, penalties, damages, costs or other sum which may be incurred, suffered or disbursed by Carrier by reason of any violation of any of the rules contained in the tariff of Carrier or any other default of the Customer or such other parties with respect to a shipment, including all unpaid charges (including reasonable legal fees) payable to Carrier on account of any shipment. Carrier shall have a lien on the shipment for sums due and payable.
23. This contract of carriage shall be binding upon the Customer and consignee and the carriers by whom transportation is undertaken between the points of origin and destination, including any reconsignment or return of the shipment, and shall inure to the benefit of any other person, firm or corporation performing for the Carrier any pick-up, delivery or other freight service in connection with the shipment.
24. The Warsaw Convention, as amended by the Montreal Protocol No. 4 and the terms and conditions of Carrier's waybill shall govern all international air shipments. The Carriage of Goods by Sea Act shall govern all ocean shipments.