LIMITATION ON LIABILITY

LIMITATION ON LIABILITY

1.General Rule. 
Except as expressly set forth in these Terms and Conditions, Urgent Courier will not be responsible for any damages arising from its services.  By ordering any services from Urgent Courier, you acknowledge and agree that you have read and understood these Terms and Conditions, and agree to be bound by them.
Except as set forth in these Terms and Conditions, Urgent Courier makes no warranties, express or implied, as to its services.
These Terms and Conditions, as may be supplemented or amended from time to time, supersede all previous Terms and Conditions applicable to Urgent Courier services.  You may not rely on any representations that are inconsistent with these Terms and Conditions.
Urgent Courier reserves the right to modify, amend or supplement these Terms and Conditions, including but not limiting to the rates, and features of service, and such modified, amended or supplemented Terms and Conditions shall be applicable to all customers immediately upon publication.

2. Liabilities Not Assumed.
   Urgent Courier will in no event be liable for incidental, special or consequential damages, including but not limited to loss of income or profits. IN no event shall the liability of Urgent Courier exceed the declared value of a delivery.
   Unless otherwise agreed in writing by an authorized officer of Urgent Courier, Urgent Courier shall not be liable for, nor shall any adjustment, refund or credit of any kind be given, as a result of any loss or damage resulting in whole or in part from:
   A.        Your violation of any of these Terms and Conditions, as amended from time to time, including but not limited to, the improper or insufficient packaging, securing, marking or addressing of packages/delivery, or use of an account number that is not in good credit standing.
   B.         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, acts of terrorism, local or national weather conditions (as determined by us), national or local disruptions in air or ground transportation networks, strikes and/or anticipated strikes, natural disasters, conditions that present danger to our personnel, and disruption or failure of communication and information systems.
   C.         Acts or omissions of any person or entity other than Urgent Courier, including our compliance with verbal or written delivery instructions from the customer, recipient or persons claiming to represent the customer or recipient.
   D.        The inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
   E.         Our failure to notify you of any delay, loss or damage in connection with your package/delivery or any inaccuracy in such notice.
   F.         Our provision of advice, assistance or guidance on the appropriate measures for a delivery.
   In addition to the other limitations on liability which may apply under these Terms and Conditions, Urgent Courier will not be liable for any loss or damage resulting in whole or in part from the following:
   A.        Packages/deliveries of any alcoholic beverages, tobacco products, plants and plant materials.
   B.         Any inherent defect in the materials being delivered.
   C.         Loss of or damage to articles in packages sealed by the customer or by persons acting at customer’s direction, unless the seal is unbroken at the time of delivery, the package/shipment retains its basic integrity, and receipt of delivery by the recipient without written notice of damage on the delivery record.
   D.        Erasure of data or the loss or irretrievability of data stored on magnetic tapes, files or other storage media; or erasure or damage of photographic images or sound tracks from exposed film.
   E.         The failure to honor “package orientation” graphics (“UP”, “THIS END UP”, “FRAGILE”) or other special instructions on packaging, or packages/deliveries not in packaging approved by us prior to shipment.
   F.         The shipment of fluorescent tubes, neon lighting, neon signs, x-ray tubes, laser tubes, light bulbs and flat panel display screens of all types.
   G.        The shipment of scale models, including, but not limited to,  architectural models, doll houses, etc.
   H.        Releasing packages/deliveries without obtaining a signature, if permission by customer has been granted to leave a package/shipment without a signature. NOTE: Urgent Courier will not request a servicing contractor to leave packages/shipments without a signature without being instructed to do so by the customer.
   I.          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.
   J.          Faulty packaging.  If a package/delivery is refused due to faulty packaging, the package/delivery will be returned to the customer.  If the customer refuses to accept the returned package/delivery or it cannot be returned due to faulty packaging, the customer shall be responsible for all costs and fees incurred in the disposal of the package/delivery, plus any costs and fees incurred in the clean-up of any spilling or leakage.
3. Declared Value; Limit of Liability.
   A.       Urgent Courier’s liability for damage to your shipment is limited to $100 unless a higher replacement value is declared at the time your order is placed. Urgent Courier will assume additional liability for a fee of $25 per $1,000 of value to a maximum of $50,000. The declared value represents Urgent Courier’s maximum liability. Any claims for damage or loss must be reported to Urgent Courier within 72 hours of delivery. Loss in excess of the declared value is assumed by the shipper.
4.         The declared value of any package/delivery represents our maximum liability in connection with a shipment, including, but not limited to, any loss, damage, delay, mis-delivery, non-delivery, misinformation, or failure to provide information or mis-delivery of information.
   Exposure to and risk of any loss in excess of the declared value is either assumed by the customer or transferred by the customer to an insurance carrier through customer’s purchase of an insurance policy.  Customers should contact an insurance agent or broker if insurance coverage is desired. We do not provide insurance coverage of any kind.
   C.         Except as may be further limited by paragraph C, D, E, and F directly below, liability for any package/delivery is limited to $100.00 unless a higher value is declared and paid for at the time of order. When a value declared on any freight package/delivery exceeds $100 (per package/delivery), a $2.00 charge will be assessed for every $100.00 (or fraction thereof) of additional declared value. Declared value must be entered in whole dollar amounts.
   D.         Packages/Deliveries (including freight) containing any of the following items, are limited to a maximum declared value of $100.00:
   1.         Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as: paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, collector’s items, customized or personalized musical instruments.
   2.         Film, photographic images, negatives, chromes and slides.
   3.         Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain.
   4.         Antiques, or any similar commodity, which exhibits the style or fashion of a past era and whose history (age or rarity) contributes to its value. These items include,  but are not limited to, furniture, tableware, glassware, collector’s items such as coins, stamps, sports cards, souvenirs and memorabilia.
   5.         Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed art, flat panel display screens (all types), plasma screens, and any other commodity with similar fragile qualities.
   6.         Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semi-precious), industrial diamonds and jewelry made of precious metal.
   7.         Furs, including, but not limited to,  fur clothing, fur-trimmed clothing and fur pelts.
   8.         Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery).
   9.         Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, pre-paid calling cards, bond coupons and bearer bonds.
   D.        See the Liabilities Not Assumedsection of these Terms and Conditions for other limitations and exclusions as to our liability.
   E.         When the customer sends out more than one package on a job number, the total declared value for all the packages moving under the job number must be stated or entered when the order is placed. Our liability will be limited to a total declared value not to exceed $50,000 per piece (single handling unit).  The declared value for each package/delivery will be determined by dividing the total declared value by the number of packages on the job number, unless the customer provides verifiable evidence supporting a different allocation. Claimant is responsible for proving the actual loss when a claim is made. In no event may the declared value for any package/delivery exceed the value of the declared entire shipment. If a package/shipment is sent pursuant to an airline interline agreement, additional restrictions may apply.
   F.         If a multi-piece package/delivery is tendered palletized and shrink-wrapped as one single handling unit, the maximum declared value for that single unit is $50,000.00 and not $50,000 per package contained within that multi-piece shipment.
   Any effort to declare a value in excess of the maximum allowed shall be void and of no effect, and the acceptance for the delivery of any package/shipment bearing a declared value in excess of the allowed maximum does not constitute a waiver of any provision of these terms and conditions as to such pacakge/delivery. Even if a higher value is declared, our liability for loss, damage or delay will not exceed the lower of repair cost, depreciated value or replacement cost.
5. Claims.
   A.        We are not obligated to act on any claim until all delivery charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance.
   B.         The right to damages against us under any cause of action arising from the delivery of packages shall be extinguished unless a demand for arbitration is made within one year from the date of delivery or one year from the date on which the shipment should have been delivered.  See Section 4.I. below regarding the arbitration process.
   C.         All notices 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.
   D.        Notices of claims seeking $100 or less need not be in writing, provided you call the claim into us at (301) 210 -3500  and obtain confirmation.
   E.         We must receive a notice of claim due to damage, delay or shortage (including perishable and spoilage damage claims), or claims due to late or delayed deliveries, within 72 hours after delivery.
   F.         In the case of a claim for concealed damage which is not discovered at the time of delivery, the customer 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 delivery.
   G.        We must receive notice of all other claims, including, but not limited to, non-delivery or mis-delivery, within 72 hours after we accept the shipment.
   H.        Failure to provide us with notice in the manner and within the time limits set forth in these Terms and Conditions 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.
   I.          You and Urgent Courier agree that all unresolved claims, disputes and other matters arising out of the rendering of services by Urgent Courier shall be decided by mandatory and binding arbitration conducted in Prince Georges County, Maryland.  To commence arbitration, the party desiring arbitration shall notify the other party in writing of its desire to arbitrate, which shall include a brief description of the dispute and/or issues to be arbitrated (the “Arbitration Notice”).  If the parties are unable to mutually agree upon the selection of an arbitrator within thirty (30) days after delivery of the Arbitration Notice, then one shall be appointed by the Prince Georges County Bar Association.  The rules and procedures for such arbitration shall be set by agreement of the parties; in the event that the parties are unable to agree on such rules and procedures, the arbitrator shall have the authority to establish reasonable rules and procedures.  The Arbitration Notice shall be made within one year from the date of delivery or one year from the date on which the shipment should have been delivered.  The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.  All filing fees and costs associated with the arbitration itself shall be paid for by the party who files the Arbitration Notice; provided, however, that all such expenses shall be recovered by the filing party in the event that the filing party prevails in the arbitration.  The arbitrator shall determine who is the prevailing party.  The prevailing party shall also  recover from the non-prevailing party all reasonable attorney’s fees and costs, including reasonable fees and costs for legal assistants and expert witnesses, and including all reasonable fees and costs incurred relative to any challenge or appeal of the arbitration award, or confirmation by a court of law.
   J.          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.
   K.        Only one claim can be filed in connection with a delivery. Payment of a claim shall extinguish any right to recover in connection with such delivery.
   L.         We reserve the option to pick up salvage on damaged claims when we pay full value.
6. Billing Terms.
   A.        Notwithstanding any payment instructions that are given to Urgent Courier, the customer is ultimately liable for all charges and fees.
   B.         A $100.00 special handling fee will be applied for any check or electronic funds transfer that is dishonored due to insufficient funds on deposit or incorrect/insufficient signature.
   C.         Requests for re-billing will be accepted up to 60 days from the invoice date, not counting the invoice date. Re-bill requests will be accepted only for unpaid deliveries. If we are unable to obtain payment on any transaction billed to a credit card, a $10.00 special handling fee will be charged.
   D.        All remittances should be sent to the following address:
   Urgent Courier INC
   ATTN: Accounts Receivable
   Urgent Courier, INC

1220 L Street N.W, #100-131

Washington, DC 20005
E.         We reserve the right to audit deliveries made via our website to verify service selection and other pricing modifiers. If the service selected or the pricing modifiers entered are incorrect, we may make appropriate adjustments to the invoice at any time.
F.         Customers are responsible for accurately entering delivery information online. Because the number and size of pieces and/or packages and weight per piece/package are critical to our ability to correctly invoice, if you fail to provide or incorrectly enter  this information, you will be billed based on our best estimate of the number of pieces transported. You will also be billed for either the standard dimensional factor at the time of billing or a standard “default” size per-package estimate. If no service is marked, we will send your delivery via the Urgent Courier service selected by us in our sole discretion.
G.        A request for invoice adjustment or refund must be made in writing. The request may be noted on either the “Invoice Summary”, “Invoice Remittance” or by an attached letter. The request must state the reason that you believe an adjustment or refund should be warranted and you must provide the Urgent Courier account number, the package tracking number, the date of shipment, the recipient’s name, address and zip code. NOTE: A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request.
H.        Requests for invoice adjustments or refunds must be received within 90 days after the date of delivery if we are responsible for the error. Requests for invoice adjustments and refunds must be received within 60 days after the original invoice date if the customer is responsible for the error.  If a customer chooses to send an invoice adjustment request separately from the remittance statement, it should be sent to the following address:
Urgent Courier INC
ATTN: Accounts Receivable
Urgent Courier, INC

1220 L Street N.W, #100-131

Washington, DC 20005
I.          For additional information or assistance regarding billing issues, please contact our Accounts Receivable department at 301-210-3500 ext 265 or ext 206 from 8:00 AM to 4:00 PM (ET), Monday through Friday.
J.          The customer is responsible for all reasonable costs incurred by Urgent Courier in attempting to obtain payment on any transaction. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest fees and court costs.

6. Rate Quotations.
   Rates and service quotations by Urgent Courier personnel and on Urgent Courier’ website will be based upon information provided by YOU. Final rates and service, however, may vary based upon the delivery actually rendered and the application of these Terms and Conditions. We will not be liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in the rate or service quotation made prior to the actual tender of the delivery service and what appears on the actual invoice, unless the rate of the service applied at the time of the original invoicing is inconsistent with the delivery service actually tendered.
7. Methods of Payment.
   The following methods of payment are acceptable at Urgent Courier

• Company Check
• Personal Check
• Cashier’s Check
• Money Order
• Credit Card (Visa, MasterCard, American Express )

Checks will not be an acceptable method of payment for customers or recipients who do not have a valid Urgent Courier account number in good credit standing. The foregoing constitutes the only acceptable methods of payment. All other payments, including cash, are unacceptable.

8. Credit Terms.
   The invoice date begins the credit term cycle, and payment is due within thirty days from the invoice date. Failure to keep your account current will result in your account being placed on a “credit card only” status. This status may impair your ability to use our service.
   A.        Credit privileges will not be restored until you have paid all PAST DUE balances in full, in addition to all costs, fees and expenses incurred by Urgent Courier in collecting or attempting to collect such balances. NOTE: Urgent Courier may require establishment of electronic funds transfer as a prerequisite to credit restoration.
   B.         Customers requesting removal from “credit card only” status must contact our Accounts Receivable department at 301-210-0899 ext 265 or ext 206
   C.         Credit privileges will be granted in the sole discretion of Urgent Courier, and Urgent Courier may decline to restore your credit privileges even if all costs, fees and expenses are paid.
9. Fuel Surcharge.
   We reserve the right to modify the assessed fuel and other surcharges on packages/deliveries effective immediately upon our publication in these Terms and Conditions. The duration of any such surcharges will be determined solely at the discretion of Urgent Courier
10. Wait Time Policy.
    If the courier is made to wait longer than 10 minutes at either the pick-up or drop-off location, waiting charges will begin to incur at $0.60 per minute all inclusive.
11. Snow Rates Policy.
    Snow rates are essential to helping us keep drivers in service during even the worst driving conditions. Urgent Courier will charge snow rates any time the District of Columbia declares a snow emergency. Should road conditions warrant, we may charge snow rates for individual deliveries to suburban areas even though the District of Columbia may not have declared a snow emergency.
12. Proof of Delivery.
    When requested, we will provide a copy of a delivery manifest for deliveries within 12 months of the delivery date. The information will be sent via e-mail, fax, courier delivery or the United States Postal Service.
    We may also provide Proof of Delivery (POD) on-line. When requested, we may provide the recipient’s name, along with certain other delivery information, for packages. The signature Proof of Delivery (POD) is available via Urgent Courier’s Online Ordering.
    A Proof of Delivery (POD) phone call to the customer, stating the time and name of the person who received the delivery, is also available upon request. This will constitute “Proof of Performance”. An attempt will be made to reach the customer by phone within two hours of delivery. If we are unable to reach the customer by phone, Urgent Courier will have no further obligation to the customer with respect to “Proof of Performance”.
    We assume no liability for our inability to provide a copy of the Proof of Delivery (POD) or documentation of the Proof of Delivery (POD) phone call.
13. Undeliverable Packages.
    An “undeliverable” package is one that cannot be delivered for any of the following reasons:

• The customer cancels delivery after the driver has been dispatched to the origin address.
• The package is not ready for pick up at the point of origin.
• The recipient’s address cannot be located.
• The package’s content or packaging is damaged.
• The package is likely to cause damage or delay to other packages, equipment or personnel.
• The recipient’s place of business is closed.
• The recipient is not at a delivery location on the initial delivery attempt or reattempts.
• The recipient does not accept the package.

When feasible, we will contact the customer for instructions on returning, attempting to re-deliver, or otherwise disposing of, an undeliverable package. If the customer requests a return, an extra delivery charge will be charged to the customer for the return of the package subject to the specified service type. Packages refused (not related to service failure) as a result of being damaged, failure of recipient to accept shipping charges, and so forth, may be returned to customer, as the customer chooses.
If a customer fails to make arrangements for the return of an undeliverable package within [24 hours ?] after being notified,  the package may be transferred or disposed of by Urgent Courier in its sole discretion, with or without further notice, and the customer will be responsible for the costs incurred in the disposal.

14. Re-Delivery Service.
    This service will be provided upon request.  If our first delivery attempt is unsuccessful, Urgent Courier will make an additional attempt to deliver (as instructed by the customer) at the applicable redelivery rate depending on the “Time Of Service”. If a package still cannot be delivered, we will hold it at a Urgent Courier location for two (2) additional business days while we research the status with the customer. Any delivery that cannot be delivered after that time will be considered “undeliverable”.
15. Refusal or Rejection of Shipments.
    We reserve the right to refuse, hold or return a delivery in the following instances:

• The package/delivery could cause damage to other packages/deliveries, equipment or personnel or is likely to sustain damage or loss of content during transit, as determined by Urgent Courier.
• The carriage of the package/delivery may be prohibited by law or may violate any of these Terms and Conditions.
• The acceptance of the package/delivery may jeopardize the provision of service to other customers, as determined by Urgent Courier.

16. Address Correction.
    If a recipient’s address is incomplete or incorrect, we may attempt to find the correct address and try to complete the delivery. However, we assume no responsibility for our inability to complete delivery under such circumstances. Use of P.O. Box numbers, P.O. Box ZIP codes or incorrect ZIP codes, omission of suite numbers, apartment numbers or the use of old street addresses for recipients who have relocated, are examples of addresses requiring corrections. We will not be liable for failing to meet our delivery commitment for any package with an incomplete or incorrect address.  An additional fee will be assessed for deliveries that are re-delivered. (See Re-Delivery Servicefor more details.)
17. Dangerous Goods.
    We do NOT provide “Dangerous Goods” or “Hazardous Material” services. We will, however, accept dry ice and certain bio-medical materials in accordance with these Terms and Conditions.
    Dry ice deliveries/shipments – prepared in accordance with IATA regulations – do not require a Shipper’s Declaration, and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the Special Instructionssection of Urgent Courier or specified when placing an order via telephone or the web. All dry ice deliveries/shipments require package marking and labeling. Urgent Courier is not required to add dry ice to any packages.
    Blood, urine, fluids, and other liquid diagnostic specimens containing infectious substances, are considered “Dangerous Goods”. Non-infectious blood, urine, fluids, and other liquid diagnostic specimens must be packed to meet specific applicable local, state and federal laws.
    Customers must also comply with all applicable local, state and federal laws governing packing, marking and labeling of deliveries of blood and blood-related products regardless of whether they are infectious.
    Any delivery/shipment with an odor or any package that is wet or leaking will NOT be accepted for transportation. If a delivery damages or contaminates any property, the customer will be held responsible and will reimburse Urgent Courier for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.
    Urgent Courier reserves the right to refuse “Dangerous Goods” or any questionable materials at any location where they cannot be accepted in accordance with applicable law.
    The United States Department of Transportation (DOT) regulates the movement of “Dangerous Goods” by all modes of transportation. When Urgent Courier contractors encounter improperly declared or undeclared delivery/shipments of “Dangerous Goods”, we are required by law to report the packages to the DOT.
18. Privacy & Security; Website Features.
    We realize that privacy and security are at the core of our relationship with our customers. We are committed to maintaining the confidentiality of your private information and we use the latest security technology to protect your sensitive data.
    We don’t sell, rent, or loan our customer’s names, e-mail addresses or personal information to anyone at any time for any reason. The only messages you receive will be from us. This includes automatic order and dispatch confirmation e-mails generated upon receipt of your order and, an occasional e-mail to notify you about new services.
    The site uses visitors’ IP addresses to help diagnose problems with its web server, and to administer the site. IP addresses are not linked to personally identifiable information. The site uses “cookies” to save registered users’ user ID and password, if they choose. The reason for this is so that registered users don’t have to re-enter this information each time they visit the site. Visitors also have a choice of rejecting a  cookie. Rejecting a cookie does not prohibit visitors from accessing and using all the services provided through the site.
    The site’s customization form requires users to submit contact information (such as their name and e-mail address). The contact information is used to contact the registered users when necessary (e.g., to confirm a shipment order). The other optional information collected during registration is used to enhance the user’s experience on the site and to provide a personalized “your Account” service. Other optional information collected includes delivery preferences, names of frequent users and frequently used ship from and ship to addresses. This information is collected to save users time by not making them re-enter the data each time they visit the site.
    The site uses an order form for visitors to request information, products, and services. The site collects visitors’ contact information (such as their e-mail address) and financial information. Contact information from the order form is used to fulfill the service, and financial information is used to bill for services rendered. The site collects the address of the receiving party solely for purpose of adding it to the customer’s address book and is not shared with any outside party.
    This site contains links to other websites. We are not responsible for the privacy practices or the content of such other websites. 
    The site has security measures in place to protect against loss, misuse or alteration of the information under its control. All sensitive data, such as contact information or financial information requested from users is collected over a secured channel and is stored on a highly secured system. Access to these systems is restricted to authorized users only, and is logged and monitored on a continuous basis. The physical access to these systems is also restricted.
    The site gives registered users the option to modify personal information and preferences they have previously provided, such as their carrier preferences, credit card information and address book entries. This is done by visiting the “your Account” page, clicking on one of the links on the left side of the page, and updating the information as desired.
19. Service Guarantee.
    Service guarantees may vary based on waiting time, weather and traffic conditions.
20. Contact us.
    If you have any questions about any of the matters in these Terms and Conditions, or your dealings with us, please contact us at:
    Urgent Courier, INC
    1220 L Street N.W, Suit 100-131

Washington, D.C 20005
1-888-681-7864