| 1 |
The
responsibility of Modern shall begin when said shipments have been delivered to
Modern and shall terminate upon delivery to the Post Office or the addressee. |
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| 2 |
Packaging
and Marking: All packages must be prepared and packed to insure safe transportation
with ordinary care and handling. Each package, including each within a shipment,
must be legibly and durably marked with the name, address and zip code of both
the shipper and recipient. In the case of packages or letters to be delivered
to the United States Post Office (the “Post Office”) for shipment by
the Postal Service, all such letters or packages shall conform to applicable Post
Office regulations and shall have proper postage affixed. The term “shipment”
as used herein shall mean any one-(1) pickup or any one (1) delivery of mail or
any other goods. It shall not mean each separate piece except in the case of Registered,
Insured and Certified mail, Air shipments and C.O.D.’S.
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| 3 |
Shipments
Not Acceptable: The following shipments will not be accepted for transportation: |
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(a) |
Money
and bullion, including, but not limited to currency or paper money; coins; trading
stamps; and gold/silver bullion or dust precipitates or platinum (each included
except as an integral part of electronic machinery); |
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(b) |
Any
package exceeding specifications listed in the Domestic Mail Manual of the United
States Postal Service; |
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(c) |
Shipments
which require MODERN EXPRESS COURIER or MODERN MAIL & COURIER SERVICES (“Modern”)
to obtain a Federal, State or local license for their transportation (when Modern
has elected not to comply with such requirements); |
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| 4 |
Declared
Value: The liability of Modern with respect to shipments is limited to: |
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(a) |
The
sum of $50.00 or $.50 per pound, whichever is the lesser amount, unless higher
amount is declared for the shipment at the time of tender, and a greater charge
paid therefore as provided in paragraph (b); |
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(b) |
For each $100 or each fraction thereof by which the value declared for the shipment
exceeds $50.00, an additional charge of $.50 will be assessed; |
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(c) |
The
maximum declared value is $750 per shipment unless a special contract for a higher
amount exists with the shipper; |
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(d) |
A
shipment containing the following items of extraordinary value are limited to
a maximum declared value of $500 in any event; |
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| (1) |
Art
works including, but not limited to drawings; paintings; sculptures; porcelains
and ceramics; |
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| (2)
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Furs
and jewelry including, but not limited to fur clothing; fur trim clothing; watches;
gems or stones (precious or semi-precious); |
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| 5 |
Cargo
Liability: |
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(a) |
The
declared value of any shipment represents the maximum liability for any loss,
damage, delay, misdelivery or nondelivery, or any part thereof, caused by negligence; |
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(b) |
Exposure to perils beyond the control of Modern, such as acts of God, etc. (see
“Liability Is Not Assumed”), and to value in excess of the declared
value, are not assumed by Modern. Such exposures are either assumed by the shipper
or transferred to an insurance carrier through the purchase of an insurance policy.
The shipper should contact his insurance agent or broker if insurance coverage
is desired. |
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| 6 |
Liability
Is Not Assumed: |
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(a) |
Modern
shall not be liable for any loss, damage, delay, misdelivery, or nondelivery not
caused by its own negligence; or any loss, damage, delay, misdelivery or nondelivery
caused by: |
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| (1) |
The
act, default or omission of the shipper or recipient, or any other party who claims
an interest in the shipment; |
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| (2)
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The
nature of the shipment, or any defect, characteristic or inherent vices thereof. |
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| (3) |
A
violation by the shipper or recipient of any of the terms and conditions of this
agreement, including, but not limited to, improper or insufficient packing, securing,
marking, or addressing, or failure to observe any of the rules relating to shipments
not acceptable for transportation or shipments acceptable only under certain conditions. |
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| (4) |
Acts
of God, perils of the air, public enemies, public authorities acting with actual
or apparent authority on the premises, authority of law, acts or omissions of
customers or quarantine officials, riots, strikes, or other local disputes, civil
commotion’s, hazards incidental to the state of war, weather conditions or
mechanical delay of the vehicle. Modern shall provide expeditious and efficient
service, but shall not be liable in the event of national or local disruptions
in transportation or to events beyond the control of Modern such as weather, phenomena,
strikes by government or other employees or natural disasters. |
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| (5) |
Acts
or omissions of any persons other than Modern, including compliance with delivery
instructions from the shipper or recipient. |
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| (6) |
Modern
shall not be liable for loss of articles loaded and sealed in packages by the
shipper, provided the seal is unbroken at the time of delivery and the package
retains its basic integrity. |
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(b) |
Modern
shall not be liable, in any event, for any consequential or special damages arising
from transportation subject to the rules contained in this Agreement, whether
or not Modern has knowledge that such damage might be incurred, including, but
not limited to, loss of income or profits. |
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Claims: |
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(a) |
The
shipper must report written notice of loss due to damage or delay within 15 days
after delivery of the shipment. |
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(b) |
Written notice of loss due to nondelivery must be reported by the shipper within
180 days after acceptance for carriage. |
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(c) |
Written notice will be considered to have been made if the shipper calls and notifies
Modern at (510) 444-MAIL and subsequently files a written notification. |
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(d) |
Documentation of all claims other than overcharge claims must be made in writing
to Modern within 90 days after receipt of written notification and in full accordance
with paragraphs (a) and (b) above. |
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(e) |
No
claim for damage will be entertained until all transportation charges thereon
have been paid. The amount of a claim may not be deducted from the transportation
charges. |
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(f) |
Except
as provided in paragraph (g) below, receipt of the shipment by recipient without
written notification of the damage on the delivery receipt shall be prima facie
evidence that the shipment was delivered in good conditions. |
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(g) |
In
case of claims for concealed damage which is not discovered at the time for delivery,
the shipper shall notify Modern in writing as promptly as possible after discovery
thereof, and in any event, not later than 15 days from the date of delivery. |
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| (1) |
If
more than 15 days elapse between the date of the delivery of the shipment and
the notice of damage by the shipper to Modern, the shipper shall show why the
damage was not discovered earlier and timely notification not given to Modern.
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The
shipper must make the original shipping cartons and packing available for inspection
by Modern. |
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(h) |
Claims
for overcharges and refunds must be made in writing to Modern within 12 months
of the billing date. |
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| 7.
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Special
Services: |
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(a) |
Holiday Service: The Post Office and Modern will observe the following ten legal
Federal holidays; New Year’s Day, Presidents Day, Memorial Day, July 4th,
Labor Day, Veterans Day, Thanksgiving Day, Christmas Day Columbus Day, Martin
Luther King Jr. Day. Service performed on these days will be charged at Holiday
Rates (2- ½ times regular rate) with a minimum charge of $25.00. |
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(b) |
Friday
after Thanksgiving: Customers who require service on the Friday after Thanksgiving
will be charged at Holiday Rates (2- ½ times regular rate) with a minimum
charge of $25.00.
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(c) |
Saturday
Service: 1 ½ times regular rate- minimum charge of $25.00 |
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(d) |
Sunday
Service: 2 times regular rate- minimum charge of $25.00 |
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(e) |
Night
Service: Between the hours of 1830 through 0600 add 25% to the regular rate-minimum
charge of $5.00.
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(f) |
Postage-due account maintenance charge: Ten percent of the amount advanced by
Modern-minimum charge of $2.50.
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(g) |
Accountable
mail (insured, registered, express, certified) will be charged at a rate of twenty
cents ($0.20) per item unless there are more than 200 per month then the per item
charge will be reduced to ten cents ($0.10) per item.
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| 8 |
Indemnification:
Modern will indemnify, defend, and hold client harmless against any and all liability
or claimed, including attorney’s fees and other legal expenses, arising directly
or indirectly from any act or failure to act by Modern or any employee in connection
with services performed pursuant to this Agreement. |
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| 9 |
Assignment.
Neither party may assign the Agreement without the other party’s prior written
notice. |
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| 10 |
The parties intend that an independent contractor relationship be created by this
Agreement. Modern will not represent itself as an agent, joint venture, or partner
of shipper. |
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| 11 |
Modern will not issue any publicity using the name of shipper, its employees or
its trademarks in connection with this agreement without the prior written consent
of shipper. |
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| 12 |
A
service charge of 1½% per month will be charged (18% per annum) for any
past due amount owing. |
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| 13 |
Governing
Law. This Agreement will be construed and interpreted in accordance with the laws
of the State of California. |
