1. US Express will provide pickup and delivery services as requested and arrange for air /surface transportation as required. Such services will be furnished as agent of the shipper.
2. The shipment will be insured by US Express during transit for loss or damage to actual market value (limit of $100). Any value declared on this shipment in excess of $100 shall be at the shipper’s own risk unless prior arrangements have been made by the shipper with our main office to purchase insurance. All shipping charges must be paid before any claims can be processed.
3. US Express shall not be liable for any special or consequential damages.
4. The shipper warrants to US Express that the shipment is sufficiently packaged to withstand ordinary handling while in transit as well as conditions incidental to transportation, such as sudden changes intemperature and pressure during air transportation. All packages must be appropriately addressed to insure the safety of the materials enclosed while in transit.
5. US Express shall not be liable for any loss, damage, mis-delivery or delay unless proved to have been caused by its own negligence and proved there was no contributory negligence by the consignee. Nor shall US Express be liable for any loss, damage, mis-delivery, non-delivery or delay caused by acts of God, public enemies, weather, authority of law, riots, strikes, labor disputes, was or mechanical or other delay of aircraft used in providing transportation services.
6. The shipper warrants to US Express that the content of the shipment may be lawfully carried aboard airline aircraft or other federally regulated carriers and is not a prohibited commodity under any applicable statutes and regulations, and is properly packaged or sheathed for that purpose if necessary. The shipper will indemnify and hold harmless US Express against any loss by the latter as a result of the shipper’s violation of this provision.
7. Any claim by the shipper for loss or damage in accordance with paragraph 2 hereof shall be noticed in writing to US Express not later than 7 days after delivery of the shipment to the consignee. Any action or proceeding brought by the shipper against US Express concerning this shipment shall be commenced within 180 days after delivery of the shipment to the consignee, unless applicable state laws and regulations provide for a longer time period.
8. No agent, employee or representative of US Express has authority to modify any provisions of these terms and conditions.
Should the customer fail to make full payment within 60 days of the invoice, customer fully agrees to pay US Express Freight Systems Worldwide reasonable attorney’s fees of forty percent (40%) of the amount in arrears, plus all other costs of the collection.