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Service Conditions
Please print, read and sign, then send to:
ProEx
5195 Engle Road
Brookpark, Ohio 44142-1574
You may also download the Service Conditions in pdf format HERE.
Click
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to return to the Credit Application Form.
Signing this Service Conditions
constitutes your agreement to credit conditions set forth in the Application for Credit as
well as the following Service Conditions.
We will not be responsible for any
claim in excess of $100 per shipment tendered, whether the result of loss, damage, delay,
nondelivery, misdelivery, or misinformation, unless you declare a higher value, pay an
additional charge of $0.50 per $100 of value subject to change without notice, and
document your actual loss within 15 business days from loss. Your right to recover from
Professional Delivery & Courier for any loss, including intrinsic value of the
shipment, loss of sales, income interest, profit, attorney fees, costs, and other forms of
damage whether direct, incidental, consequential, or special is limited to the greater of
$100 or the declared amount indicated on the drivers log. Recovery cannot exceed actual
documented loss. The maximum Declared Value for General Freight/Commodities is $25,000.
DEFINITION
In this Service Conditions policy, we,
our, us Professional Delivery & Courier refer to Professional Courier International,
Inc. dba Professional Delivery & Courier, its employees and agents. You and your refer
to sender, its employees and agents.
AGREEMENT TO TERMS
By giving us your General
Freight/Commodities to delivery, you agree to all the terms of this Service Conditions
policy. No one is authorized to alter or modify the terms of our Agreement.
RESPONSIBILITY FOR PACKAGING
You are responsible for adequately
packaging your goods, general commodities and documents properly. Omission of the
number/pieces of commodities and weight per commodity from your communication to us, or
failure to properly document your paperwork will result in a billing based on our best
estimate of the number of commodities received from you and estimated weight per
commodity, as determined by us and periodically adjusted by us.
LIMITATIONS ON OUR LIABILITY
AND LIABILITIES NOT ASSUMED
Our liability for loss or damage to
your package is limited to your actual damages or $100, whichever is less, unless you pay
for and declare on the drivers log/manifest for higher authorized value as stated in this
agreement. We do not provide cargo liability insurance to you, but you may pay an
additional charge for each additional $100 of declared value. If you declare a higher
value and pay the additional charge, our liability will be the lesser of your declared
value or the actual value of your package.
In any event 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 Professional Courier International, Inc., dba
Professional Delivery & Courier had knowledge that such damage 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, or for the acts of omissions of the recipient or anyone else with
interest in the general commodity. Also, we won't be liable, if you or the receipt
violates any of the terms of our agreement. We won't be liable for loss of or damage to
shipments or prohibited items.
We won't be liable for, damage or
delay caused by events we cannot control, including but not limited to acts of God, perils
of the air, ground, accidents in transportation, weather conditions, acts of public
enemies, wars, strikes, civil commotion or acts or omissions of public authorities
(including customs and quarantine officials) with actual or apparent authority.
DECLARED VALUE LIMITS
The highest declared value we allow
for general commodity shipments is $25,000, unless your shipment contains items of
"extraordinary value", in which case the highest declared value we allow is
$100.00. Items of "extraordinary items" include artwork, jewelry, furs, precious
metals, negotiable instruments, accounts, bills, deeds, notes, securities, evidence of
debt, letters of credit, tickets, passports, documents, manuscripts, mechanical drawings,
valuable papers of any kind, money, currency, bullion, precious stones, live animals, or
statuary.
If one or more shipment is tendered to
us, our liability for loss or damage will be limited to the actual value of the shipments,
lost or damaged (not to exceed the lesser of the total declared value or the limits
described above). You have the responsibility or providing the actual loss or damage.
FILING A CLAIM
ALL CLAIMS MUST BE MADE BY YOU IN
WRITING. You must notify us of your claim within strict time limits, within fifteen (15)
business days from date of delivery. We will consider your claim filed if you call and
notify your local Professional Delivery & Courier office, and notify us in writing as
soon as possible.
Within 60 days after you notify us of
your claim and you must send us relevant information about it. We are not obligated to act
on any claim until you have paid all transportation charges and all overdue accounts, and
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 log record, we will assume that the package was
delivered in good condition. In order for us to process your claim, you must, to the
extent possible, make available the original shipping cartons, packages, containers, and
envelopes, including contents, and loaded skids available for inspection.
RIGHT TO INSPECT
We may, at our option, open and
inspect your packages, cartons and skids, and equipment prior to or after you give them to
us to deliver.
RESPONSIBILITY OF PAYMENT
Even if you give us payments
instructions, you will always be primarily responsible for all delivery costs, as well as
any cost we may incur in either returning your shipment to your or warehousing it pending
disposition.
RIGHT OF REJECTION
We reserve the right to reject a
shipment at any time, when such shipment would be likely to cause damage or delay to other
shipments, equipment or personnel, or if the transportation of which is prohibited by law
or is in violation of rules contained in this Agreement.
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