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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. |