All shipments tendered to Daily Express, its
employees and agents are subject to the terms and conditions
described below. A copy of these terms and conditions may be found
on the back of Daily Express "Delivery Ticket".
Definitions:
References contained in these Terms and Conditions to "we", "our"
and "us" refer to Daily Express, its employees and agents. "You"
and "your" refer to the sender, its employees and agents.
Agreement To Terms:
By giving us your package to deliver, you agree to all of the
terms described herein. You also agree to these terms on behalf of
any third party with an interest in the package. No one is
authorized to change the terms of our Agreement.
Responsibility for Packaging and Completing This Document:
You are responsible for adequately packing your goods for shipment
and accurately completing our "Delivery Ticket" (ESD). If you
omit, the number of packages and/or weight per package on the ESD,
our billing will be based on our best estimate of the number of
packages we received and/or an estimated "default" weight per
package, as determined by us.
Responsibility for Payment:
Even if you give us different payment instructions, you will
always by primarily responsible for all delivery costs, as well as
any costs we incur in returning your package to you or warehousing
it pending disposition.
Limitations On Our Liability and Liabilities Not Assumed:
Our liability in connection any shipment is limited to the lesser
of your actual damages or $100, unless you declare a higher value,
pay an additional charge, and document your loss within thirty
(30) days from the date of delivery. You may pay an additional
charge for each additional $100 of declared value.
In any event, we will not be liable for any damage, whether
direct, incidental, special or consequential in excess of the
declared value of a shipment, whether or not Daily Express had
knowledge that such damages might be incurred, including, but not
limited to, loss of income or profits.
We won't be liable for:
| • your acts or
omissions, including but not limited to improper or
insufficient packaging, |
|
securing, marking or addressing. |
• loss or
damage to shipments of hazardous, dangerous or prohibited
items
• loss, damage or delay of
events we cannot control, including but not limited to acts
of God, |
|
perils of the air, weather conditions, acts of public
enemies, war, strikes, civil commotions |
|
or acts of public authorities with actual or apparent
authority. |
| • you or the
recipient violates any of the terms of our Agreement. |
Declared Value Limits:
The declared value of any shipment is subject to the following
terms and conditions
The highest declared value allowed for an envelope is $100
The highest declared value for all other types of shipments is
$50,000.
You may not insure items of "extraordinary value", including, but
not limited to items such as artwork, jewelry, furs, precious
metals and negotiable financial instruments.
You may send more than one package on this Delivery Ticket,
however, the combined shipment may not be insured for more than a
combined maximum of $50,000.
You are responsible for proving the actual loss or damage to any
shipment.
Filing a Claim:
You must make all claims IN WRITING and notify us within thirty
(30) calendar days of the date of the shipment. You may contact
our Customer Service department to report a pending claim,
however, you must still file a WRITTEN claim. Claims should be
mailed to the attention of our Claims Department at: 12056 Mt
Vernon Av. #137, Grand Terrace, CA 92313. Within ninety (90) days
of receipt of your written claim, you must provide us with all of
the relevant information you have regarding the shipment. We are
not obligated to act on any claim until you have paid all
transportation charges. You may not deduct the amount of your
claim from those charges. If the recipient accepts your package
without noting any damage on the delivery record, the package will
be considered to have been delivered in good condition. For us to
process your claim, you must make the original packaging and
shipping cartons available for inspection by us.
Right to Inspect:
We may, at our option, open and inspect your packages before or
after you give them to us to deliver. |
