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All Notice of Claims for
which you are seeking more than $100, must be in writing. All such claims must
be made within the time limits set forth below.
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Notice of Claims seeking
$100 or less need not be in writing, provided you call the claim into us at
877.402.9990 or toll free at 877.402.9990 and obtain confirmation. All such
claims must be made within the time limits set forth below.
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We must receive Notice
of Claim due to damage, delay or shortage - including perishable and spoilage
damage claims, due to late or delayed delivery or failure to properly collect
or deliver a C.O.D. payment instrument - within 10 days after delivery of the
shipment. (See
Guarantee Policy
for the time period to
request a refund or credit of transportation charges due to untimely
delivery.)
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We must receive notice
of all other claims - including, but not limited to - nondelivery or
misdelivery within 30 days after we accept the shipment.
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Your Notice of Claim
must include complete shipper and recipient information, as well as the job or
package tracking number, date of shipment, number of pieces, and shipment
weight. Failure to provide us with notice in the manner and within the time
limits set forth in paragraphs 1 through 5, will result in your claim being
denied and are prerequisites to any legal cause of action against us. Should
you elect to submit a claim by telephone, you agree that our records are the
sole record as to whether timely notice was provided.
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Written documentation of
all claims must be delivered to us within 30 days after we receive
notification in accordance with paragraphs 1 through 5 above. Such
documentation may include: original purchase invoices, estimates or invoices
for repair, expense statements, appraisals or other records. These documents
must be verifiable to our satisfaction. We are not obligated to act on any
claim until all transportation charges have been paid. The claim amount may
not be deducted from these charges or from any outstanding balance.
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All of the original
shipping cartons, packing and contents must be made available for our
inspection and retained until the claim is concluded.
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Except as provided in
the paragraph below, receipt of the shipment by the recipient - without
written notice of damage on the delivery manifest - is prima facie evidence
that the shipment was delivered in good condition. As a condition to our
considering any claim, all the original shipping cartons, packing (inner and
outer) and contents must be made available for our inspection.
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In the case of a claim
for concealed damage which is not discovered at the time of delivery, the
sender or recipient must notify us as promptly as possible after the discovery
of the damage - and in any event - no later than 7 days after the date of the
delivery. In any event, the original shipping cartons, packing and contents
must be made available for our inspection.
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The right to damages
against us under any cause of action arising from the transportation of
packages pursuant to this guide shall be extinguished unless an action is
brought within one year from the date of delivery or from the date which the
shipment should have been delivered.
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You and Faster Messenger
Service, Inc. agree that in event of disputes or controversies as to the
adequacy of packing or cause of physical damage to a shipment, such disputes
or controversies shall be submitted to the arbitration of three competent
persons - one appointed by each party and the third to be appointed by the
other two, whose award shall be conclusive and binding on both parties. The
rules and procedures for any such arbitration may be set by agreement of the
parties. However, in the event that the parties are unable to agree, the
arbitrators shall have authority to establish reasonable rules and procedures.
Said arbitrators shall not have the authority or power to modify or alter any
express condition or provision of this agreement - including those pertaining
to limits of liability - or to render an award that by its terms has the
effect of altering or modifying any express condition or provision of this
agreement. No suit at law or in equity based on any dispute or controversy
subject to arbitration under this agreement shall be instituted by either
party, except to enforce the award of the arbitration. Failure by Faster
Messenger Service, Inc. to invoke this section, in any case, is not a waiver
of the terms of this section. Each party shall bear its own arbitration costs.
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You agree that you will
not sue as a class plaintiff or class representative, join a class as a
member, or participate as an adverse party in any way in a class action
lawsuit against us. However, nothing in this paragraph limits your right to
bring a lawsuit as an individual plaintiff.
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FAILURE TO COMPLY WITH
ANY OF THE ABOVE CONDITIONS MAY RESULT IN THE DENIAL OF A CLAIM.
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Only one claim can be
filed in connection with a shipment. Payment of a claim shall extinguish any
right to recover in connection with a shipment.
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We reserve the option to
pick up salvage on damaged claims when we pay full value.
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Written claims must be
sent (via the United States Postal Service, or e-mail) to:
Faster
Messenger Service, Inc.
ATTN: Claims Dept.
500 W
Cermak Road Box 111
Chicago, IL 60616