WE WILL NOT
BE LIABLE FOR ANY DAMAGES - WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
- IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT WE KNEW OR
SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING - BUT NOT
LIMITED TO - LOSS OF INCOME OR PROFITS.
We will not
be liable for, nor shall any adjustment, refund or credit of any kind be made as
a result of any loss, damage, delay, mis-delivery, non-delivery, mis-information
or any failure to provide information, except such as may result from our sole
negligence. We will not be liable for, nor shall any adjustment, refund or
credit of any kind be given as a result of any loss, damage, delay, mis-delivery,
non-delivery, mis-information or failure to provide information caused by or
resulting in whole or in part from:
-
The act, default or
omission of any person or entity other than Faster Messenger Service, Inc.
-
The nature of the
shipment, including any defect, characteristic or inherent vice of the
shipment.
-
Your violation of any of
the
Terms and Conditions
contained in
this Service Guide, as amended from time to time - but not limited to - the
improper and insufficient packaging, securing, marking or addressing of
shipments, or use of an account number that is not in good credit standing.
-
Perils of the air,
public enemies, criminal acts of any person or entities, public authorities
acting with actual or apparent authority, authority of law, local disputes,
civil commotions, hazards incident to a state of war, local or national
weather conditions (as determined solely by us), national or local disruptions
in air or ground transportation networks, strikes and/or anticipated strikes
(of any entity, including other carriers), natural disasters (earthquakes,
floods, hurricanes), conditions that present danger to our personnel, and
disruption or failure of communication and information systems.
-
Acts or omissions of any
person or entity other than Faster Messenger Service, Inc., including our
compliance with verbal or written delivery instructions from the sender,
recipient or persons claiming to represent the shipper or recipient.
-
Loss of or damage to
articles packed and sealed in packages/shipments by the sender or by persons
acting at sender's direction, provided the seal is unbroken at the time of
delivery, the package/shipment retains its basic integrity, and receipt of
shipment by the recipient without written notice of damage on the delivery
record.
-
Erasure of data or the
loss or irretrievability of data stored on magnetic tapes, files or other
storage media; Erasure or damage of photographic images or sound tracks from
exposed film.
-
Our inability to provide
a copy of the delivery record or a copy of the signature obtained at delivery.
-
Our failure to honor
"package orientation" graphics ("UP", "THIS END UP", "FRAGILE") or other
special instructions not explicitly provided for in this Service Guide on
packaging, or packages/shipments not in packaging approved by us prior to
shipment, where such prior approval is recommended or required herein.
-
The shipment of
fluorescent tubes, neon lighting, neon signs, x-ray tubes, laser tubes, light
bulbs and flat panel display screens (all types).
-
Scale models, including
- but not limited to - architectural models, doll houses, etc.
-
Failure to provide a
valid Faster Messenger Service, Inc. account number that is in good credit
standing.
-
Our failure to notify
you or any delay, loss or damage in connection with your package/shipment or
any inaccuracy in such notice.
-
Faster Messenger
Service, Inc. will not be liable for packages/shipments released without
obtaining a signature, if permission by sender has been granted to leave a
package/shipment without a signature. NOTE: Faster Messenger Service, Inc.
will not leave packages/shipments without being instructed to do so.
-
Performance of any
services will not constitute us as shippers or anyone's agent for any purpose.
-
Damage to briefcases,
luggage, garment bags, aluminum cases, plastic cases or other items whose
outer finish might be damaged by adhesive labels, soiling or marking unless
placed within a protective container for shipment.
-
Perishables, unless
shipped in accordance with the Perishables section (under the
Restrictions
section).
-
If a package/shipment is
refused by the recipient, leaks or is damages, the package/shipment will be
returned to the sender. If the sender refuses to accept the returned
package/shipment or it cannot be returned because of leakage or damage due to
faulty packaging, the shipper is responsible for - and will reimburse Faster
Messenger Service, Inc. - for all costs and fees of any type connected with
the legal disposal of the package/shipment, plus any costs and fees of any
type connected with the clean-up of any spilling or leakage.
-
Our provision of advice,
assistance or guidance on the appropriate packaging of packages/shipments does
not constitute acceptance of liability, unless such advice, assistance or
guidance has been approved in writing by an officer of Faster Messenger
Service, Inc. and expressly accepts liability in the event of a damaged
package/shipment.
-
Faster Messenger
Service, Inc. will not be liable for any package/shipment where our records do
not reflect that the package/shipment was tendered to us by the customer.
-
Packages/Shipments of
any alcoholic beverages, tobacco products, plants and plant materials.