DELIVERY SERVICE CONTRACT TERMS AND CONDITIONS
Agreement of Terms:
By giving us a package or freight to deliver, you agree to the following terms:
Limited Liability: Carr’s Delivery Service liability for loss or damage, regardless of cause and including negligence, is limited to the lesser of $100 or your actual damage, unless you declare a higher value, pay an additional charge, and document your actual loss in a timely manner. You may pay an additional charge of $1.00 for each additional $100 of declared value of fraction thereof. The declared value does not constitute an insured value. In any event, we will not be liable for any damage in excess of the declared value of shipment.
To give us the opportunity to adequately protect shipments of high value of fragile items such as glass, electronic or medical equipment , computers, furs, art, jewelry, etc….it is agreed that no such shipment will be requested unless the nature and value of items to be shipped are declared at the time the call for service is made. In no event shall Carr’s Delivery Service be liable for more than $2500.00 unless agreed to specifically by management or specially authorized corporate personnel of Carr’s Delivery Service.
Shippers and Forwarders failure to declare such high value of fragile items shall relieve us from all liability for loss or damage of such high value items, including negligence. If, after due notice, such items are accepted for delivery, all other conditions stated herein shall apply.
Carr’s Delivery Service will not be liable:
- For your acts or omissions including but not limited to improper or insufficient packing, securing, marking or addressing or those of the recipient of anyone else with an interest in the package or freight;
- If you or the recipient violate any of the terms of our agreement;
- for loss or damage to shipments of prohibited items;
- for prohibited items such as cash or negotiable securities and non-negotiable securities beyond the cost of reconstructing securities;
- for incidental, special, or consequential damages, whether or not Carr’s Delivery Service had knowledge that such damages might be incurred including but not limited to loss of income or profit;
- for loss, damage, or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, and acts of public enemies. War, strikes, civil commotions, or acts of public authorities with actual or apparent authority.
Filing a claim: Claims not made in writing within 24 hours of scheduled delivery shall be deemed waived by the Shipper or Forwarder. Within 30 days after you notify us of your claim, you must send us all the information you have about it. You are responsible for proving the actual loss or damage. We are not obligated to act on any claim until you have paid all transportation charges, and you may not deduct the amount of you claim from those charges. If the recipient accepts your package or freight without noting any damage on the delivery manifest or delivery receipt, we will assume the package or freight was delivered in good condition. For us to process your claim, you must make the original shipping carton and packaging available for inspection.
Should any claim be asserted against us by a third party for shipment handled by us, the Shipper or Forwarder agrees to hold us harmless against any such claims, irrespective of the cause of loss or damage.