Shipping Insurance Terms & Conditions


Services
ClearVista Solutions, LLC (dba "SureShip") acts as a shipper’s agent by arranging transportation services coordinated through this website and other computer systems employing SureShip technologies and services.  The cargo insurance policy covers “All Risks” subject to the “Terms & Conditions” and stipulations of the governing insurance policy.  A copy of the insurance policy is available upon written request.

SureShip is an Agent
SureShip is a shipper’s agent, which makes arrangements with third party service providers. SureShip is neither a transportation broker, transportation carrier, freight forwarder, nor an indirect air carrier subject to the Warsaw Convention.

Exclusive Insurance Authority
The cargo insurance company, not SureShip, shall determine all issues of coverage and claim settlements. As a shipper’s agent, SureShip is neither an insurance company, nor an insurance broker, nor a claims adjustment agency.

APPROVED COMMODITIES
Only approved commodities whose total value is $5,000* or less are eligible for coverage under the arranged cargo insurance.  Approved general merchandise, excluding all non-approved commodities listed herein.

NON-APPROVED COMMODITIES
The following commodities are excluded from insurance coverage: accounts, bills, bullion, contraband, currency, deeds, evidences of debt, furs, gold, goods requiring refrigeration, hazardous material (per UPS Hazardous Materials List), LCD televisions or monitors, bank notes, money orders, negotiable documents of any kind, notes, perishable goods, plasma screens, precious stones, securities, silver and other precious metals, tickets, contraband, or unlawful goods.
However, shipments of jewelry made from gold, silver, other precious metals or precious stones whose value is $5,000* or less, are deemed approved general merchandise and insurable hereunder.  Under no circumstances shall either SureShip nor it's insurers assume any liability or responsibility whatsoever for the shipment of any of the Non-Approved commodity.

*Higher amounts of coverage may be granted on an exception basis and only if prior written approval is obtained by SureShip and the insurance policy underwriters.

Service by Third Parties
Cargo insurance has been arranged by SureShip as an inclusive remedy for loss or damage to goods. SureShip and it's authorized representatives assume no liability and are not responsible for any loss, damage, expense, or delay resulting from use of SureShip services or in connection with any of it' delivery service providers, all of whom are to be considered agents of the shipper.

ACCEPTANCE OF TERMS & CONDITIONS
You understand and agree that using SureShip to purchase insurance constitutes your acceptance of these Terms & Conditions and applies to all representatives shipping on your behalf.  These “Terms & Conditions” bind you, the shipper, the consignee, and all other interested parties.

CONDITIONS
ALL OF THE FOLLOWING CONDITIONS MUST BE MET AS A CONDITION PRECEDENT TO CONSIDERATION OF ANY CLAIM FOR LOSS OR DAMAGE.

A. Delivery Time
It is expressly agreed that once a package is signed for at destination that (1) delivery has occurred, and (2) coverage under the arranged cargo insurance terminates.

B. Delivery to Proper Address
It is expressly agreed that the packages signed for by any apparent representative (i.e., employee, concierge, doorman, front desk clerk, residential occupant, neighbor, security guard or other functionary of the delivery location) at the delivery address shall be deemed delivered.

C. Delivery Signature Release
If a signature waiver has been authorized for the transportation carrier or no proof of delivery/ signature required service has been requested by the shipper, then delivery occurs at the time a shipment is left at the delivery address.

SHIPPER (YOU) WARRANTIES
1. The shipper expressly warrants it is either the owner or the authorized agent of the owner of the property to which the shipment relates;
2. The shipper expressly warrants that it is authorized to accept these “Terms & Conditions” not only for itself, but also as agent for or on behalf of all other persons whomsoever may be interested in the property shipped.
3. The shipper expressly warrants the accuracy of all shipping information provided. The shipper expressly agrees to indemnify, defend and hold SureShip and it's authorized representatives harmless from any claims and/or liability arising from the importation or exportation of shipper’s merchandise and/or any conduct of shipper which violates any federal, state or other laws. SureShip and it's authorized representatives shall not be responsible for fines, penalties, delays or seizures arising from such importations or exportations of shipper’s merchandise.
4. The shipper expressly warrants that the shipment has been adequately prepared, packed, sealed and labeled to undertake the period of transportation. The shipment is warranted free of coverage (no insurance coverage) for loss or damage resulting from improper preparation, packing, sealing or labeling of the subject shipment.
5. The shipper expressly warrants that the insurance coverage arranged shall not commence until the courier, air carrier, SureShip representative or authorized agent — whichever may be first — issues valid written or electronic evidence of shipment acceptance. The confirmation number (policy no) issued by SureShip shall not constitute such evidence of shipment acceptance.
6. The shipper expressly warrants an obligation to declare an accurate fair market value of the shipment on which service charges shall be based. Under no circumstances will the arranged insurance be responsible for payment of an amount exceeding declared value nor for more than the actual cash value.
7. In the event the actual cargo value should be understated, the arranged insurance will be responsible only for payment of loss up to, but not exceeding, the declared value. Under no circumstances shall the arranged insurance be responsible for values exceeding maximum coverage limits under the insurance policy.
8. Notwithstanding claims already in process, shipper expressly warrants that failure to remit payment in full on a timely basis for any premium, subscription, or charges due to SureShip will result in immediate suspension or revocation of all insurance coverage on shipments submitted by shipper.  Shipper acknowledges and agrees that SureShip, at it’s sole discretion, may reinstitute, permanently revoke, or permanently cancel insurance coverage on shipper's shipments to ensure compliance with Shipper Warranties herein.
9. The shipper expressly warrants that the arranged insurance will not be liable for payment of indirect or consequential damages nor for loss resulting from force majeure alleged delay, non-performance, or loss of market.
10. The shipper expressly warrants that the arranged insurance shall not be liable to pay for losses of any kind resulting from strikes, lockouts, riots, force majeure, acts of terrorism, or loss resulting from nuclear release or reaction.
11. The shipper expressly warrants that the arranged insurance shall not be liable for payment of
claims resulting from dishonesty, negligence or willful misconduct of shipper/consignee and their employees or agents.
12. The shipper expressly warrants that it and the consignee shall be liable, jointly and severally, for all unpaid shipping charges, costs, fines or penalties incurred by SureShip resulting from any shipment.
13. The shipper expressly warrants that neither SureShip nor the cargo insurance company have assumed any responsibility whatsoever for collection and return of the payment instrument for C.O.D. shipments. Any and all issues relative to the performance of C.O.D. instructions shall be directed solely to the carrier or express company.
14. The shipper expressly grants to SureShip or it's designated agents a general lien on settled cargo claims for application to shipper’s unpaid service account. Unless within thirty (30) days of receiving written notice of lien from SureShip or it's agents, shipper posts cash or letters of credit at site, guaranteeing payment of monies owed, plus all storage charges accrued or to be accrued, SureShip or it's agents shall have the right to sell such shipment at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to the shipper.
15. The shipper expressly warrants that no claim for loss or damage shall be valid in the absence of objective physical evidence of tampering with the shipping package or objective evidence of penetration or invasion of the shipping container. The shipper expressly warrants that no claim for loss or damage shall be valid unless the required physical evidence of tampering, damage, invasion or penetration of the shipping container has been noted in writing on the receiving documents by both the consignee and the delivery carrier. This warranty does not apply to loss of shipments in transit.
16. The shipper expressly warrants that all disputes with SureShip shall be resolved in binding arbitration before the American Arbitration Association in Carson City Nevada, only. Shipper expressly agrees that the time for the commencement of proceedings against SureShip shall be limited to one (1) year from the date on which the shipment was delivered, or should have been delivered – all proceedings commenced thereafter being time barred, however founded.
17. The shipper expressly warrants that all lawsuits involving issues relating to the payment of claims for loss or damage to shipper property, or with respect to insurance coverage, shall be directed to the cargo insurance company only, not SureShip.
18. The shipper expressly warrants that for any shipment with a declared value over $ 500, there shall be no commodity description nor declaration of value on external  shipping documents, including but not limited to labels, waybills, box markings, etc., except with regard to international shipments where regulatory procedures require such information.
19. The shipper expressly warrants that it will not settle the claim directly with the transportation carrier and that it authorizes SureShip or it's agents to settle claims directly with the carriers on it's behalf.


CLAIMS
ALL OF THE FOLLOWING CONDITIONS MUST BE MET AS A CONDITION PRECEDENT TO CONSIDERATION OF ANY CLAIM FOR LOSS OR DAMAGE.

A. Timely Notice
In the event of loss or damage, recipient or shipper must report the claim online at www.sureship.com/selfservice1.asp?a=c within forty-eight (48) hours after shipment delivery or within 30-60 days of the scheduled delivery date for an undelivered shipment.  The claim need only to be reported (normally by the recipient) and documentation may be submitted as it becomes available at a later date.  Failure to comply with these mandatory notice requirements shall forever bar the claim against SureShip and it's agents and shall invalidate arranged cargo insurance.

B. Duty to Cooperate
The shipper, consignee and their respective agents shall cooperate in providing an examination under oath relative to any claim for loss or damage and shall produce any and all requested information and/or documentation which may be reasonably available.

C. Credit Card Fraud Not Covered
No claim shall be considered where loss or damage results directly or indirectly from fraudulent credit card sales or purchases.

D. Fraud Warning
Any false or fraudulent claims will make the shipper and/or consignee liable for prosecution under applicable civil and criminal regulations in the country(ies) of origin and destination. The submission of false or fraudulent statements in connection with a claim may result in fine, penalty or imprisonment as provided under the United States Code or corresponding international regulation.

ACKNOWLEDGEMENT
I am an authorized representative of the shipper and have read, understand, and agree to all of the foregoing Terms and Conditions.  I have reviewed the list of Non-Approved commodities and agree that insurance coverage will be void on any shipment submitted to SureShip which contains a Non-Approved commodity.  My use of this website or ClearVista Solutions, LLC software signifies my full consent to these
Shipping Insurance Terms & Conditions.