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.
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 re-weighing and recalculation of charges based upon such re-weighing. 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 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.
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.
All Claims for lost or damaged shipments must be made in writing and received by USA Couriers at its offices located at 31 State Street 8th Floor, Boston, MA 02109 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.