Messenger Couriers

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	Terms And Conditions	TERMS & CONDITIONS Rate and service quotations by Messenger Couriers Inc. employees and agents are based upon information provided by you. But final rates and services may vary based upon the application of these terms and conditions and this Service Guide. This Guide and any Addendums or supplements supersede all previous Service Guides and other prior statements concerning the rates and conditions of Messenger Couriers Inc. service to which it applies. Messenger Couriers Inc. reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, Tariff, and Terms and Conditions in this Service Guide applicable to all customers without notice. All modifications, amendments or supplements may only be authorized by an officer of Messenger Couriers Inc. Courier Service Inc. or successor positions, but no other agent or employee of Messenger Couriers Inc., nor any other person or party, is authorized to do so. This restriction in modification does not apply to a modification applicable to a single customer and included in a Messenger Couriers Inc. Sales or Messenger Couriers Inc. Customer Automation Agreement. To the extent a conflict exists between a Messenger Couriers Inc. Sales or Messenger Couriers Inc. Customer Agreement and these Terms and Conditions, the Messenger Couriers Inc. Sales or Messenger Couriers Inc. Customer Agreement controls provided the Messenger Couriers Inc. Sales or Messenger Couriers Inc. Customer Agreement is in righting and signed by both the Customer and an officer of Messenger Couriers Inc.. Rate and service quotations by Messenger Couriers Inc. employees and agents are based upon information provided by you. But final rates and services may vary based upon the application of these terms and conditions and this Service Guide. Account Numbers Address Correction Billing Business Days and Carrier Holidays Claims Collect on Delivery (C.O.D.) Service Consumables and Foodstuffs Credit Terms Dangerous Goods Declared Value and Limits of Liability Extra-Large Packages Fuel Surcharge Hold For Pick Up Service Holiday Delivery Inspection of Shipments Liabilities Not Assumed Method of Payment Guarantee Policy Multiple-Package Shipments Packaging and Marking Proof of Delivery Rate Quotations Re-Delivery Service Refusal or Rejection of Shipments Regular Stop Pickup Restrictions Routing and Rerouting Saturday Service Service Areas Sunday Delivery Undeliverable Packages Warranties -=-=-=-=-=- Terms Declared -=-=-=-=-=- A. The declared value of any shipment represents our maximum liability in connection with a shipment, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information. Exposure to and risk of any loss in excess of the declared value is either assumed by the shipper or transferred by the shipper to an insurance carrier through the purchase of an insurance policy. You should contact an insurance agent or broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. B. Except with respect to Messenger Couriers Inc. Freight services, and subject to the limits set forth in paragraphs (F), (G) and (H) below, our liability with regard to any package is limited to the sum of $50 unless a higher value is declared for the package at time of tender, and a greater charge paid as provided in paragraph (C) below. C. Except with respect to Messenger Couriers Inc. Freight services, a charge will be assessed for all shipments exceeding $50 in declared value. For shipments exceeding $50 in declared value, an additional $1.00 will be charged for each $100 (or fraction thereof) of declared value. Declared value must be entered in whole dollar amounts. D. Except as limited by paragraphs (F), (G), (H) and (I) below, the maximum declared value per shipment for is $2,000. E. Messenger Couriers Inc. Freight - Except as limited by paragraphs (F), (G), (H) and (I) below, the maximum declared value per piece (single handling unit) in any Freight shipment is $50,000. Unless a higher value is declared and paid for, liability for any Freight shipment is limited to $100 or $1.00 per pound, whichever is greater. When a value declared on any Freight shipment exceeds the greater of $100 or $1.00 per pound per shipment, a $1.00 charge will be assessed for every $100 (or fraction thereof) of additional declared value. Declared value must be entered in whole dollar amounts. F. The maximum declared value for a C.O.D. shipment (for both the carriage of the goods and the C.O.D. Amount) is $1,000 per shipment. Other than with respect to Freight shipments, if no value is declared, our liability will be limited to the lesser of the C.O.D. Amount or $100. If no value is declared on a Freight shipment, the declared value and our liability shall be limited to the lesser of the C.O.D. Amount, $100 or $1.00 per pound, whichever is greater. G. Packages (including freight shipments) containing all or part of the following items are limited to a maximum declared value of $500: 1. Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, collectors' items, customized or personalized musical instruments. 2. Film, photographic images, including photographic negatives, photographic chromes, photographic slides. 3. Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain. 4. Antiques, any commodity which exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware and collectors' items such as coins, stamps, sports cards, souvenirs and memorabilia. (Collector's coins and stamps may not be shipped. See "Restrictions.") 5. Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, flat panel display screens (all types), plasma screens, and any other commodity with similarly fragile qualities. 6. Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds and jewelry made of precious metal. 7. Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts. 8. Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery). 9. Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler's checks, lottery tickets, money orders, prepaid calling cards, bond coupons and bearer bonds. H. See the Liabilities Not Assumed section of this Service Guide for other limitations and exclusions on our liability. I. When the shipper sends more than one package on per job number, the total declared value for all the packages moving under the job number must be stated or entered when the order is placed. Our liability will be limited to the total declared value (not to exceed the per-package limit of $50 or $50,000 or the per-shipment limit of $1,000, as described in this section). The declared value for each package will be determined by dividing the total declared value by the number of packages on the job number unless you provide verifiable evidence supporting a different allocation. Claimant is responsible for proving the actual loss when a claim is made. In no event may the declared value for any package in a shipment exceed the value of the declared entire shipment. If a shipment is sent pursuant to an airline interline agreement, additional restrictions may apply. J. If a multipiece shipment is tendered palletized and shrinkwrapped as one single handling unit, the maximum declared value for that single unit is $50,000 and not $50,000 per package contained within that multipiece shipment. K. For packages shipped to any international location, the declared value for carriage cannot be greater than the declared value for Customs. ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IS NULL AND VOID AND THE ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THIS SERVICE GUIDE AS TO SUCH SHIPMENT. EVEN IF A HIGHER VALUE IS DECLARED, OUR LIABILITY FOR LOSS, DAMAGE OR DELAY WILL NOT EXCEED A SHIPMENT'S REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Routing and Rerouting -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Messenger Couriers Inc. may reroute shipments when the reroute is authorized by the sender. A reroute is a request to change a delivery address from what was originally requested. Specifically, a reroute is a change: From one street address to another in the same city/state From Hold For Pick Up instructions to a request for a delivery From delivery instructions to a request for Hold For Pick Up From one Hold For Pick Up to another in the same city/state We will determine the routing of all shipments, including the mode of transportation used, and may use air transportation, ground transportation or any combination thereof in providing our services. We reserve the right to divert any shipment (including use of other carriers) in order to facilitate its delivery. If a shipper wants to reroute a shipment, the shipper must call 310 568-9175 and provide us with the Messenger Couriers Inc. tracking number. If a recipient calls to reroute a shipment, they must provide us with the applicable Messenger Couriers Inc. tracking number. We may at our option require reroute authorization from the shipper. If the shipper calls to reroute a shipment, the shipper must provide us with the new destination address for the package, including a valid contact telephone number for the recipient. We will attempt to honor the new delivery request, but our verification and handling procedures may result in delays. Our Guarantees do not apply to shipments that are rerouted. Only one reroute will be allowed per package. There is no extra charge when the sender authorizes us to Hold For Pick Up instead of the package being delivered by a courier. We may require photo identification of the person authorized to pick up the package. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Account Numbers -=-=-=-=-=-=-=-=-=-=-=-=-=-=- For transactions other than "Bill Sender," "Bill Recipient" or "Bill Third Party," you must pay by check, money order or credit card payment. Payment is required when you give us your package. For "Bill Sender" and "Bill Third Party" transactions, packages will not be accepted unless you provide a valid Messenger Couriers Inc. account number. For "Bill Recipient" transactions, packages can be tendered without payment, but in order for the package to be delivered, the recipient must give a valid Messenger Couriers Inc. account number or pay with check, money order or credit card at time of delivery. If the recipient refuses to pay, the sender will be responsible for all charges. Alternatively, the package may be processed as an undeliverable shipment. (See Undeliverable Packages.) For customers utilizing our quote page or place order page, a valid Messenger Couriers Inc. account number is required for "Bill Sender," "Bill Recipient" or "Bill Third Party" transactions. Account numbers are issued by Messenger Couriers Inc. and are nontransferable. Misuse, including unauthorized consolidation of shipments owned by different parties, may result in a loss of all discounts and/or discontinuance of service. Discounts applicable to an account number of a business are not available to employees of the business utilizing check or credit card for payment. All requests for account numbers are subject to credit investigation and verification by our Credit Department and/or Customer Service Account Confirmation Department. We will establish a credit account for businesses only, and an account may be refused or terminated if business status cannot be confirmed. We do not offer consumer credit privileges. Any individual shipping for personal use must prepay the shipment charges or establish a FedEx account for billing directly to a major credit card. The party to whom a Messenger Couriers Inc. account number is issued is liable for all charges to the account. The account holder is responsible for the safekeeping of the account number and should release the number only to those authorized to ship on the account. The account holder bears the risk of all unauthorized use of the account holder's Messenger Couriers Inc. account number. We may apply payments made on your account to any unpaid invoices issued to your account. Failure to keep your Messenger Couriers Inc. account current (all invoices paid within 15 days from invoice date) may result in your account being placed an “on hold" status. Utilization of an account that has been placed in an “on hold” status may result in your package being delayed, rejected or returned until arrangements for payment are completed. If the account number to be billed is not in good credit standing, the package may be delayed until an alternate form of payment is secured. If a package is held because the account is not in good credit standing, the Guarantee will not apply. You must use your Messenger Couriers Inc. account to obtain any applicable discount, if any. Your use of the account number constitutes your agreement that all packages shipped on your account shall be subject to the Messenger Couriers Inc. Terms and Conditions, as modified, amended or supplemented. To set up a new account with Messenger Couriers Inc., commercial accounts must have a current business listing with telephone directory assistance. Messenger Couriers Inc. may provide trade credit information on Messenger Couriers Inc. account holders to credit bureaus. NOTE: Messenger Couriers Inc. account numbers are subject to credit investigation and verification by our Credit Department and/or Customer Service Account Confirmation Department. We will establish a credit account for businesses only, and an account may be refused or terminated if business status cannot be confirmed. We do not offer consumer credit privileges. Any individual shipping for personal use must prepay the shipment charges or establish a Messenger Couriers Inc. account for billing directly to a major credit card. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Address Correction -=-=-=-=-=-=-=-=-=-=-=-=-=-=- If a recipient's address is incomplete or incorrect, we may attempt to find the correct address and try to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. Use of P.O. box numbers, P.O. Box ZIP Codes or incorrect ZIP Codes, omission of suite numbers, apartment numbers, or the use of old street addresses for recipients who have relocated are examples of addresses requiring corrections. We will not be liable for failing to meet our delivery commitment for any shipment with an incomplete or incorrect address. (See Undeliverable Packages.) An additional fee will be assessed for shipments that are Re-Delivered. (See Re-Deliverd Packages.) Reroute of Shipment Messenger Couriers Inc. may reroute shipments when the reroute is authorized by the sender. A reroute is a request to change a delivery address from what was originally ordered. A reroute is defined as a change: From one street address to another in the same city/state From Hold at Messenger Couriers Inc. Location instructions to a request for a delivery From delivery instructions to a request for Hold at Messenger Couriers Inc. Location From one Hold at Messenger Couriers Inc. Location address to another in the same city/state An additional fee will be billed to the account number specified for each rerouted package. This will not apply when a package intended for delivery is changed to Hold at Messenger Couriers Inc. Location. To reroute a shipment, the sender must call and provide us with the Messenger Couriers Inc. tracking number. If a recipient calls to reroute a shipment, they must provide us with the applicable Messenger Couriers Inc. tracking number, and we may at our option require the shipper to authorize and approve the rerouting. If the sender calls to reroute a shipment, sender must provide us with the new destination address for the package, including a valid contact telephone number for the recipient. Our Guarantee does not apply to shipments that are rerouted. Only one reroute will be allowed per package. We may require photo identification of the person authorized to pick up the package. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Billing -=-=-=-=-=-=-=-=-=-=-=-=-=-=- A. "Bill Sender" means charges will be billed to the sender. The sender's Messenger Couriers Inc. account must be current. B. "Bill Recipient" means charges will be billed to the recipient. (This should not be confused with C.O.D. Service.) In order to choose this billing option, the recipient's Messenger Couriers Inc. account must be current, or the recipient must pay for the package at time of delivery. If the recipient is billed initially and fails or refuses to make payment for the shipment, the charges may be rebilled to a third party. If not paid by the third party, any additional rebilling must be to the sender's account. (See Section K, Billing Special Handling Fees.) The sender is liable for, and will be billed for, all charges and fees, plus all special handling fees in the event recipient or any third party does not pay. C. "Bill Third Party" means charges will be billed to someone other than the sender or recipient. Charges for shipments within the U.S. may only be billed to a third-party in the U.S. In order to choose this billing option, the Messenger Couriers Inc. account number of the third party account must be current. If the third party fails or refuses to pay for the shipment, the charges may be rebilled to another party but subsequent rebills will only be to the sender's account. If the party which is rebilled fails or refuses to pay, the sender is liable for and will be billed for all charges and fees, plus all special handling fees. If charges exceed the third-party account credit limits, the sender will automatically be billed for all charges. D. For "Bill Recipient" or "Bill Third Party" transactions, if the recipient or third party fails or refuses to pay the charges, refuses delivery or cannot be contacted, the sender is responsible for and will be billed for any and all charges. We may verify the method of payment for any shipment marked "Bill Recipient" or "Bill Third Party." We reserve the right to refuse any such shipment for which the method of payment cannot be verified. E. Your shipment may be delayed if we determine that it is billed to a Messenger Couriers Inc. account number that is not in good credit standing. The Guarantee will not apply (see Guarantee for details and limitations). F. C.O.D. shipments may not be shipped "Bill Recipient" or "Bill Third Party." Shipping charges for C.O.D. shipments must be billed to sender's Messenger Couriers Inc. account number. G. NOTWITHSTANDING ANY PAYMENT INSTRUCTIONS THAT ARE GIVEN TO Messenger Couriers Inc., THE SENDER IS ULTIMATELY LIABLE FOR ALL CHARGES AND FEES. H. A $20 special handling fee will be applied for any check or electronic funds transfer that is dishonored due to insufficient funds on deposit or incorrect or insufficient signature of the drawer. I. Billing special handling fees. Requests for rebilling will be accepted up to 60 days from the invoice date, not counting the invoice date. Rebill requests will be accepted only for unpaid shipments. 1. If we are unable to obtain payment on any transaction billed to a credit card, a $10 special handling fee will be charged. J. Remittance should be sent to: Messenger Couriers Inc. 33801 Curtis Blvd., Suite 112 Eastlake, OH 44095 (Via U.S. Postal Service:) 1. We reserve the right to audit shipments made via an automated shipping device to verify service selection and package or shipment weight. If the service selected or weight entered is incorrect, we may make appropriate adjustments to the invoice at any time. 2. Default billing: Senders are responsible for accurately entering shipment information in . Because the number of packages and weight per package are critical to our ability to correctly invoice, if you fail to provide or incorrectly enter this information you will be billed based on our best estimate of the number of packages transported and either the standard dimensional factor at the time of billing or a standard "default" weight-per-package estimate, determined at our sole discretion. If no service is marked, we will send your shipment via the Messenger Couriers Inc. service selected by us at our sole discretion. 3. A request for invoice adjustment or refund must be in writing. The request may be noted on either the Invoice Summary, Invoice Remittance or by attached letter. However, the request must state the reason you believe an adjustment or refund is warranted and must provide the Messenger Couriers Inc. account number, if any, the package tracking number, the date of shipment, and the recipient's name, address, ZIP Code and any applicable non-payment codes. A credit under our Guarantee Policy will only be applied against charges for the shipment giving rise to the credit. A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request. 4. "Overcharge" means a charge based on an incorrect rate; an incorrect special handling fee; billing for the wrong type of service; or billing based on incorrect package or shipment weight, waiting time; or account numbers. 5. Requests for invoice adjustment or refunds must be received within 90 days after the date of shipment if the overcharge was caused by us. Requests for invoice adjustments and refunds must be received within 60 days after the original invoice date when you have caused the error. For adjustments due to a service failure or failure to provide timely package status, see Guarantee Policy. If you choose to send your invoice adjustment request separately from your remittance statement, please send to: Messenger Couriers Inc. Accounts Receivable Dept. 269 S. Beverly Dr #844 Beverly Hills CA 90212 For additional information or assistance regarding billing issues, contact the Accounts Receivable Dept at 310 568-9175, Monday-Friday. K. The shipper is responsible for all reasonable costs incurred by Messenger Couriers Inc. in attempting to obtain payment on any transaction. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interest and court costs. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Business Days and Holidays -=-=-=-=-=-=-=-=-=-=-=-=-=-=- A. "Business day" means Monday through Friday except for the following holidays for Messenger Couriers Inc.: New Year's Day Memorial Day Easter Sunday Independence Day Labor Day Thanksgiving Christmas Day B. Business days for Messenger Couriers Inc. are 24 hours a day, 365 days a year. While packages are accepted for transportation 365 days a year, observance of national or local holidays may cause delivery delays. Additional charges will apply to weekend and holiday pickups and deliveries. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Car -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Capacity : Payload Weight Capacity: 300 lbs. Volume Capacity : 84" in length and girth combined with a maximum length of 48" -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Claims -=-=-=-=-=-=-=-=-=-=-=-=-=-=- 1.All notice of claims for which you are seeking more than $100 must be in writing. All such claims must be made within the time limits set forth below. 2.Notice of claims seeking $100 or less need not be in writing provided you call the claim in to us at 310-568-9175 and obtain confirmation. All such claims must be made within the time limits set forth below. 3.We must receive notice of claim due to damage, delay or shortage, including perishable and spoilage damage claims due to late or delayed delivery or failure to properly collect or deliver a C.O.D. payment instrument, within 10 days after delivery of the shipment. (See Guarantee Policy for the time period to request a refund or credit of transportation charges due to untimely delivery.) 4.We must receive notice of all other claims, including, but not limited to, nondelivery or misdelivery within 30 days after we accept the shipment. 5.Your notice of claim must include complete shipper and recipient information, as well as the job or package tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (1) through (5) will result in your claim being denied, and are prerequisites to any legal cause of action against us. Should you elect to submit a claim by phone, you agree that our records are the sole and dispositive record as to whether timely notice was provided. 6.Written documentation of all claims must be delivered to us within 30 days after we receive notification in accordance with paragraphs (1) through (5) above. Such documentation may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction. We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance. 7.All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded. 8.Except as provided in the paragraph below, receipt of the shipment by the recipient without written notice of damage on the delivery manifest is prima facie evidence that the shipment was delivered in good condition. As a condition to our considering any claim, all the original shipping cartons, packing (inner/outer) and contents must be made available for our inspection. 9.In the case of a claim for concealed damage which is not discovered at the time of delivery, the sender or recipient must notify us as promptly as possible after the discovery of the damage, and in any event not later than 7 days after the date of delivery. In any event, the original shipping cartons, packing and contents must be made available for our inspection. 10.The right to damages against us under any cause of action arising from the transportation of packages pursuant to this Guide shall be extinguished unless an action is brought within one year from the date of delivery of the shipment or from the date on which the shipment should have been delivered. 11.You and Messenger Couriers Inc. agree that in the event of disputes or controversies as to the adequacy of packaging or cause of physical damage to a shipment, such disputes or controversies shall be submitted to the arbitration of three disinterested and competent persons, one to be appointed by each party and the third to be appointed by the other two, whose award shall be conclusive and binding on both parties. The rules and procedures for any such arbitration may be set by agreement of the parties, but in the event the parties are unable to agree, the arbitrators shall have authority to establish reasonable rules and procedures. Said arbitrators shall not have the authority or power to modify or alter any express condition or provision of this agreement (including those pertaining to limits of liability) or to render an award that by its terms has the effect of altering or modifying any express condition or provision of this agreement. No suit at law or in equity based on any dispute or controversy subject to arbitration under this agreement shall be instituted by either party, except to enforce the award of the arbitration. Failure by Messenger Couriers Inc. to invoke this section in any case is not a waiver of the terms of this section. Each party shall bear its own arbitration costs. 12.You agree that you will not sue us as a class plaintiff or class representative, join a class as a member, or participate as an adverse party in any way in a class action lawsuit against us. However, nothing in this paragraph limits your rights to bring a lawsuit as an individual plaintiff. 13.FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS MAY RESULT IN THE DENIAL OF A CLAIM. 14.Only one claim can be filed in connection with a shipment. Payment of a claim shall extinguish any right to recover in connection with a shipment. 15.We reserve the option to pick up salvage on damaged claims when we pay full value. 16.Written claims must be sent (via U.S. Postal Service) to: Messenger Couriers Inc. Accounts Receivable Dept. 269 S. Beverly Dr 844 Beverly Hills Ca 90212 -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Collect On Delivery (C.O.D.) Service -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We offer Collect On Delivery service consisting of carriage of goods to the recipient, collection of the payment instrument issued by or on behalf of the recipient and made payable to the shipper and delivery of the payment instrument to the shipper of the goods. The amount collected for the C.O.D. shipment must be sent to the shipper's location. We do not offer a cash-on-delivery service. The shipper of the goods via C.O.D. service is responsible for specifying the amount to be collected (the C.O.D. Amount). If the shipper specifies SECURED PAYMENT, payment by either cashier's check, official check or money order will be accepted. If the supplier specifies UNSECURED PAYMENT, a personal check, certified check, cashier's check, official check, money order or company check will be collected. CASH, TRAVELER'S CHECKS, CREDIT CARDS AND COUNTER CHECKS WILL NOT BE ACCEPTED IN PAYMENT OF ANY C.O.D. AMOUNT. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Consumables & Food -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Consumables and Food will be accepted. Consumables and foodstuffs must be prominently and legibly marked and declared when the service order is placed. (We recommend that any perishable items be shipped via Messenger Couriers Inc. Rush or HotShot service.) The sender is responsible for complying with all applicable federal (including, but not limited to, the U.S. Department of Agriculture) and state regulations and laws governing the shipments. We do not offer refrigeration service. If the shipment contains dry ice, consult the Dangerous Goods section for dry ice requirements. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- CREDIT TERMS -=-=-=-=-=-=-=-=-=-=-=-=-=-=- The invoice date begins the credit term cycle, and payment is upon receipt. Failure to keep your account current will result in your account being placed on a “credit card only” status. This status may impair your ability to use our service, your shipments may be delayed, and it may have an effect on your discount program. IF THE ACCOUNT NUMBER TO BE BILLED IS NOT IN GOOD CREDIT STANDING, THE DELIVERY MAY BE HELD OR STOPPED IN TRANSIT UNTIL YOU MAKE ALTERNATE PAYMENT ARRANGEMENTS. THE GUARANTEE WILL NOT APPLY IN SUCH CIRCUMSTANCES. 1. Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by Messenger Couriers Inc. in collecting or attempting to collect such balances. Messenger Couriers Inc. may require establishment of electronic funds transfer as a prerequisite to credit restoration. 2. Customers requesting removal from cash-only status must contact the Accounts Receivable Department at 310 568-9175 3. Messenger Couriers Inc. may decline to restore credit privileges even if all costs, fees, and expenses are paid. In the event prompt payment is not made and your account is placed on “credit card only” status, you agree to be liable for all reasonable costs which include, but are not limited to, attorneys’ fees, collection agency fees, interest and court costs. We do not provide consumer credit privileges. To obtain credit privileges, customers may be required to agree to bank draft arrangements for payment on past due accounts. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Dangerous Goods & Materials -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We do not provide Dangerous Goods Service. We will however accept Dry Ice and Bio-Medical materials. Dry ice shipments prepared in accordance with IATA regulations do not require a Shipper's Declaration, and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the special instructions section in our website or specified when placing an order via telephone. All dry ice shipments require package marking and labeling. Messenger Couriers Inc. is not required to add dry ice to packages in its system. Blood, urine, fluids and other liquid diagnostic specimens containing infectious substances are considered Dangerous Goods. Non-infectious blood, urine and diagnostic specimens must be packaged to meet specific applicable local, state and federal laws. Shippers must also comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood products regardless of whether they are infectious. Hazardous Materials will not be accepted for carriage. Any package/shipment with an odor or any package that is wet or leaking will not be accepted for carriage. If a shipment damages or contaminates any property, the shipper is responsible for and will reimburse Messenger Couriers Inc. for any and all costs, fees and expenses incurred in connection with such damage or contamination. Messenger Couriers Inc. reserves the right to refuse Dangerous Goods or any questionable materials at any location where they cannot be accepted in accordance with applicable law. The United States Department of Transportation (DOT) regulates the movement of Dangerous Goods by all modes of transportation. The Federal Aviation Administration (FAA) is a branch of the DOT that oversees Dangerous Goods shipments by air. When Messenger Couriers Inc. carriers encounter improperly declared or undeclared shipment of Dangerous Goods, we are required by law to report improperly declared or undeclared shipments of Dangerous Goods to the U.S. Department of Transportation. Penalties for such shipments can range up to $500,000 and five years in jail. The DOT/FAA also requires every shipper to have job-specific Dangerous Goods training prior to offering a Dangerous Goods shipment to Messenger Couriers Inc. or another air carrier. Dry Shippers/Dry Dewars meeting the note in IATA regulations Packing Instruction 202 must have an indication on the outer package that the shipment is not restricted or non-hazardous. U.S. domestic shippers who omit the technical name under the provisions of USG-14 must indicate on the Shipper's Declaration that their material falls under the provisions of USG-14 for "n.o.s." or generic proper shipping names. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Extra-Large Packages -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Extra-large packages are pieces weighing less than 100 lbs. that exceed 84" in length and girth combined with a maximum length of 48". These pieces may be refused or considered as Messenger Couriers Inc. Freight shipments at our sole discretion once accepted by us, and the appropriate charges will apply. THE LENGTH AND GIRTH OF A PACKAGE IS LENGTH PLUS TWICE THE HEIGHT PLUS TWICE THE WIDTH. If the dimension includes a fraction, a fraction 1/2 or greater will be rounded up to the next whole number; less than 1/2 will be rounded down to the next whole number. Maximum package size and weight is limited to the capacity of the vehicle and the service type requested. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Fuel Surcharge -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We reserve the right to assess fuel and other surcharges on shipments without notice. The duration of any such surcharge will be determined at our sole discretion. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Guarantee Policy -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We Guarantee all of our services. These Guarantees can be suspended or revoked without notice. Service Failure - At our option, we will either refund or credit your transportation charges upon request if we deliver your shipment 30 minutes or more after our delivery commitment. We will attempt to notify you twice by phone if there is any change in the time of the delivery commitment. If requested by you, we will also attempt to notify the recipient twice of any change in the quoted delivery time. If we are unable to reach you or the recipient after two attempts, we assume no liability for our inability to notify. In order to qualify for a refund or credit due to service failure, the following limitations apply: 1. For invoiced shipments and for shipments by shippers using our website, we must receive your notification (in writing or by telephone) of a service failure within 10 calendar days from the original invoice date. You must furnish with your payment the invoice numbers to which your payment applies. If an invoice is not paid in full, the reason for each unpaid charge must be noted along with its tracking number. 2. For shipments that we don't invoice because paid by check, money order, or credit card, you must notify us, in writing or by telephone, of a service failure within 10 calendar days from the date of shipment. We will send your refund to the billing address on your account. 3. Notification must include the account number, if any, the package tracking number, the shipment weight and the date of shipment. Complete recipient information must be provided. 4. A service failure will not be deemed to have occurred if within 30 calendar days after you notify us, we provide you with: a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information; or b. Service exception information reflecting that the failure to timely deliver resulted from circumstances described under "Liabilities Not Assumed." 5. A service failure will not be deemed to have occurred if a "bill to" account number was provided at the time of shipment that was not in good credit standing and the package was not delivered until alternate payment arrangements were secured. 6. We are not obligated to respond when your request is not received within the time limits stated above. 7. The freight shipment was not booked as required. Only one refund or credit is permitted per package. In the case of multiple-package shipments, this Guarantee will only apply to one package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package. There are no delivery commitments for shipments on which the Guarantee is suspended. A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under "Liabilities Not Assumed." Messenger Couriers Inc. will not be liable under the Service Failure Guarantee if we do not release a package without obtaining a signature and no one is available to sign for the package where delivery without obtaining a signature has been authorized. This Money-Back Guarantee does not apply to requests for invoice adjustments based on overcharges. (See "Billing" section.) A refund or credit will not be given to shippers using our website when incorrect package tracking numbers are applied to the subject package or shipment. Credits for transportation charges will be applied to the payor's account only, and refunds will be made payable to the payor only. This Guarantee does not apply to returned or undeliverable shipments. This Guarantee does not apply to undeliverable or returned shipments. For C.O.D. shipments, this Guarantee applies to transportation charges and to the additional charge for C.O.D. service. This Guarantee also applies to the return of the C.O.D. payment to the sender. NOTE: THE QUOTED DELIVERY COMMITMENT TIME MAY CHANGE FOR MANY REASONS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: flight delays or cancellations due to air traffic control, weather, or mechanical problems. If the delivery commitment is changed, the Guarantee will only be applicable to the latest delivery commitment. You agree that our records regarding quoted delivery times will constitute conclusive proof of any such quotes. We encourage you to submit invoice adjustment requests with your payment. However, you may send these requests separately to: Messenger Couriers Inc. 269 S. Beverly Dr. #844 Beverly Hills Ca 90212 -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Hold For Pick Up -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Hold for Pick Up Service is available upon request. When a recipient wishes to pick up a package, rather than have it delivered, the sender must specify "Hold For Pick Up" in the special instructions in Place order page or when placing order via telephone and specify, in the section provided, Messenger Couriers Inc. and Messenger Couriers Inc. address as the destination. If you listed the telephone number of the recipient, reasonable efforts will be made to contact the recipient by telephone after the package arrives at our facility. Freight shipments may be held at Messenger Couriers Inc. and picked up by the recipient "Hold For Pick Up" shipments not picked up within five (5) business days from the date of shipment will be considered undeliverable. (See Undeliverable Packages.) If a Messenger Couriers Inc. "hold" shipment is not picked up, we will attempt to contact the recipient. After three (3) attempts to notify the recipient or shipper, or five (5) business days after the initial notification, whichever occurs first, or if the recipient refuses a freight shipment and therefore, delivery to the recipient cannot be completed, the shipment will be considered undeliverable. (See Undeliverable Packages.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Inspection of Shipments -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We may, but are not obligated to, open and inspect any shipment at our sole discretion and with or without notice. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Liabilities Not Assumed -=-=-=-=-=-=-=-=-=-=-=-=-=-=- 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 WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS. We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will not be liable for, nor shall any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from: The act, default or omission of any person or entity other than Messenger Couriers Inc.. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment. Your violation of any of the terms and conditions contained in this Service Guide, as amended from time to time, or but not limited to, the improper and insufficient packing, securing, marking or addressing of shipments, or use of an account number not in good credit standing. Perils of the air, public enemies, criminal acts of any person(s) or entities, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local or national weather conditions (as determined solely by us), national or local disruptions in air or ground transportation networks, strikes and/or anticipated strikes (of any entity, including, but not limited to, other carriers), natural disasters (earthquakes, floods, hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems. Acts or omissions of any person or entity other than Messenger Couriers Inc., including our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient. Loss of or damage to articles packed and sealed in packages by the sender, or by person(s) acting at sender's direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the recipient without written notice of damage on the delivery record. Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media or erasure or damage of photographic images or sound tracks from exposed film. Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery. Our failure to honor "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings), "fragile" labels or other special instructions not explicitly provided for in the Service Guide on packaging, or damage to shipments not in packaging approved by us prior to shipment where such prior approval is recommended or required herein. The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs and flat panel display screens (all types). Scale models (including, but not limited to, architectural models, doll houses, etc.). Failure to provide a valid Messenger Couriers Inc. account number in good credit standing. Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice. Messenger Couriers Inc. will not be liable for shipments released without obtaining a signature if permission by sender has been granted to leave package without a signature. Messenger Couriers Inc. will not leave shipments without being instructed to do so. Performance of any services will not constitute us as shipper's or anyone's agent for any purpose. Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in a protective container for shipment. Perishables, unless shipped in accordance with the Perishables section under the "Restrictions" section of this Guide. If a shipment is refused by the recipient, leaks, or is damaged, the shipment will be returned to the sender if possible. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage, or damage due to faulty packaging, the shipper is responsible for and will reimburse Messenger Couriers Inc. for all costs and fees of any type connected with the legal disposal of the shipment, and all costs and fees of any type connected with cleanup of any spill or leakage. Our provision of advice, assistance or guidance on the appropriate packaging of shipments does not constitute acceptance of liability, unless such advice, assistance or guidance has been approved in writing by an officer of Messenger Couriers Inc. and expressly accepts liability in the event of a damaged shipment. Messenger Couriers Inc. will not be liable for any package where our records do not reflect that the package was tendered to us by the customer. Shipments of any alcoholic beverage, tobacco products, plants and plant materials. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Methods Of Payment -=-=-=-=-=-=-=-=-=-=-=-=-=-=- The following are acceptable methods of payment: check (including cashier's check), money order, credit cards (MasterCard, VISA, American Express, Diners Club, Discover Card, Optima), charged to a valid Messenger Couriers Inc. account number in good credit standing, and Checks (excluding cashier's check) will not be an acceptable method of payment for shippers or recipients who do not have a valid Messenger Couriers Inc. account number in good credit standing. The foregoing constitutes the only acceptable methods of payment and all other methods are unacceptable. CASH is not an acceptable method of payment.\ -=-=-=-=-=-=-=-=-=-=-=-=-=-=- MULTIPLE-PACKAGE SHIPMENTS -=-=-=-=-=-=-=-=-=-=-=-=-=-=- A. Multiple-package shipments are acceptable to all points that we serve. The number of pieces of a multiple-package shipment must be declared when the order is placed and will be subject to the applicable per piece charge for the service selected. B. You may ship up to 999 packages on one Messenger Couriers Inc. job number, provided the service type size and weight restrictions are met. You may ship multiple packages of the same service type going to a single recipient from the same point of origin and moving on one job number. C. All packages in a multiple-package shipment must move from one sender to one recipient, on the same day, use the same service, have the same delivery and special handling instructions, and must be billed to the same party. D. Individual packages in a multiple-piece shipment may have different weights, dimensions and declared value. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Packaging and Marking -=-=-=-=-=-=-=-=-=-=-=-=-=-=- All packages must be prepared and packed by the sender for safe transportation with ordinary care in handling. Correct recipient address labels should be placed on each package. Any articles susceptible to damage as a result of conditions which may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by proper packaging. (See Restrictions for additional packaging instructions on particular commodities.) Each shipment must be legibly and durably marked with the name, address and ZIP Code of the recipient. The ZIP Code is crucial to the efficient movement of the package through our system. Corrugated boxes in good, rigid condition large enough to allow cushioning of contents on the top, bottom and sides should be used. Items that cannot be packed into cartons (auto tail pipes, mufflers, tires, rims, etc.) should have all sharp edges and protrusions wrapped and the address label secured by pressure-sensitive tape wrapped completely around the object, or a tie-on tag must be used. Briefcases, luggage, garment bags, aluminum cases, plastic cases, computer cartons or similar types of items whose outer finish might be damaged by adhesive labels, soiling, marking or other types of surface damage that is normal with ordinary care in handling should be placed in a protective container for shipment. Items with casters, wheels or rollers must have them removed or packaged to prevent damage. Blood, urine and other non-infectious liquid diagnostic specimens will be accepted only when shipped in a sturdy outer container containing a sealed watertight primary receptacle placed inside of a sealed watertight secondary receptacle. Absorbent material must also be placed inside of the secondary watertight receptacle. If multiple primary receptacles are placed into a single secondary packaging, it should be wrapped individually to ensure that contact is prevented. The absorbent material, such as gauze or cotton wadding, must be sufficient to absorb the entire contents of all primary receptacles. It is the responsibility of the shipper to ensure that proper packaging is used. * Sturdy outer packaging constructed of cardboard/corrugated fiberboard, wood, metal or rigid plastic is required. The sturdy outer packaging must be larger than 7" in length, 4" in width, and 2" in depth. Unacceptable packaging includes, but is not limited to, Styrofoam™, plastic bags, paper envelopes and cardboard boxes. We will refuse to accept packages not meeting these or any federal requirements. These shipments will not be accepted for pick up. Expanded polystyrene foam coolers (Styrofoam™) must be shipped inside of a sturdy outer container. Expanded polystyrene foam coolers (Styrofoam™) containing blood, urine and other non-infectious liquid diagnostic specimens must be shipped inside of a sturdy outer packaging. No exceptions are permitted. If a shipment is refused by the recipient, leaks, or is damaged, the shipment will be returned to the sender if possible. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage, or damage due to faulty packaging, the shipper is responsible for and will reimburse Messenger Couriers Inc. for all costs and fees of any type connected with the legal disposal of the shipment, and all costs and fees of any type connected with cleanup of any spill or leakage. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Proof of Delivery -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We will, where available, provide a copy of electronic delivery information for packages delivered within our primary service areas when requested by the sender, recipient or third-party within 12 months of the shipping date. The information will be sent via e-mail, fax or U.S. Postal Service. We assume no liability for our inability to provide a copy of the Proof of Delivery. We assume no liability for our inability to provide documentation of the proof-of-delivery phone call. A proof of delivery phone call to the shipper stating the time and name of the person who received the delivery is also available upon request and will constitute proof of performance. Two attempts will be made to reach the shipper by telephone within two hours of delivery. If the shipper cannot be reached by telephone with either attempt, Messenger Couriers Inc. will have no further obligation to the customer with respect to proof of performance. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Rate Quotations -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Rates and service quotations by our employees, agents and on-line will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered and the application of these Terms and Conditions. We will not be liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in the rate or service quotation made prior to the actual tender of the shipment and what appears on the actual invoice, unless the rate or service applied at the time of original invoicing is inconsistent with the shipment actually tendered. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Re-Delivery Service -=-=-=-=-=-=-=-=-=-=-=-=-=-=- This service will be provided upon request. If our first delivery attempt is unsuccessful, either to a commercial or residential address, Messenger Couriers Inc. will make an additional attempt to deliver as instructed by the shipper at a rate of 50% of the original charge for each additional attempt. If a package still cannot be delivered, we will hold it at Messenger Couriers Inc. two (2) additional business days while we research its status with the sender and/or the recipient and receive further instruction. At the end of that time, we will return it to the sender, and it will be considered undeliverable. (See Undeliverable Packages.) Any shipment that cannot be delivered after two (2) delivery attempts or five (5) business days from date of shipment will be considered undeliverable. (See Undeliverable Packages.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Refusal or Rejection of Shipments -=-=-=-=-=-=-=-=-=-=-=-=-=-=- We reserve the right to refuse, hold or return a shipment when in our opinion: A. the shipment would be likely to cause damage or delay to other shipments, equipment or personnel, or is likely to sustain damage or loss of content during transit as determined solely by us, B. when the carriage of the shipment may be prohibited by law or may violate any of the Terms and Conditions in this Service Guide as amended from time to time, C. the bill-to account number is not valid and in good credit standing with Messenger Couriers Inc., or D. where acceptance of the shipment or shipments may jeopardize the provision of service to other customers, as solely determined by Messenger Couriers Inc.. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Regular Stop Pickup -=-=-=-=-=-=-=-=-=-=-=-=-=-=- If you consistently have regular Messenger Couriers Inc. packages to be picked up at your location, and such shipping volume and regularity is verified by Messenger Couriers Inc., you may qualify to be a regular stop customer. To be eligible to be a regular stop customer, you must: Have a valid Messenger Couriers Inc. account number in good credit standing, Have sufficient consistent package volume Have a prearranged agreement with Messenger Couriers Inc. for the pickup stop on a specific schedule of days and time, Be pre-approved by Messenger Couriers Inc., and Have your shipping activity monitored to ensure your continued eligibility. Regular stop customers also may be required to process their shipments using on-line quote.If shipping frequency is not maintained, Messenger Couriers Inc. may remove your regular stop status. Messenger Couriers Inc. reserves the right to make changes to a customer's regular stop status at any time. Restrictions Shipments subject to the size and weight limitations of Vehicle and Service type, as amended from time to time. Blood, urine and other non-infectious liquid diagnostic specimens will be accepted only when shipped in a sturdy outer container* containing a sealed watertight primary receptacle placed inside of a sealed watertight secondary receptacle. Absorbent material also must be placed inside of the secondary watertight receptacle. NOTE: Regulated Infectious Substances must be shipped in the appropriate legal packaging (See Blood, Urine, Fluids and Other Liquid Diagnostic Specimens.) If multiple primary receptacles are placed into a single secondary packaging, it should be wrapped individually to ensure that contact is prevented. The absorbent material, such as gauze or cotton wadding, must be sufficient to absorb the entire contents of all primary receptacles. It is the responsibility of the shipper to ensure that proper packaging is used. * Sturdy outer packaging constructed of cardboard/corrugated fiberboard, wood, metal or rigid plastic is required. The sturdy outer packaging must be larger than 7" in length, 4" in width, and 2" in depth. Unacceptable packaging includes, but is not limited to, Styrofoam™, plastic bags, paper envelopes and paper tubes. We will refuse to accept packages not meeting these or any federal requirements. Dangerous Goods and dry ice except as permitted under the "Dangerous Goods" section of these Terms and Conditions. Multiple-package shipments will be accepted as one piece only when the shipment is stretch or shrinkwrapped or banded together to form a single handling unit. For purposes of our limit of liability, a single-piece, stretch/shrinkwrapped and banded pallet constitutes a single handling unit. Accessible Dangerous Goods cannot be shipped. We will accept pieces weighing more than 151 lbs. and up to 2,200 lbs. which otherwise comply with our Terms and Conditions. General restrictions for all Messenger Couriers Inc. services as listed elsewhere in this Service Guide also apply. The following items are prohibited and will not be acceptable for shipment by Messenger Couriers Inc.: Firearms Fireworks Alcoholic beverages Tobacco products Dangerous goods or hazardous materials (except dry ice) Money (coins [except collectible], cash, currency, paper money and negotiable instruments equivalent to cash, such as endorsed stocks, bonds and cash letters) Live animals, including birds, reptiles and fish. But, edible seafood such as live lobsters, crabs, or other types of live fish/shellfish for human consumption are not prohibited. Human corpses, cremated or disinterred human remains Shipments that require us to obtain a federal, state or local license for their transportation Shipments that may cause damage or delay to equipment, personnel or other shipments Gaming devices such as lottery tickets where prohibited by federal, state or local law Shipments whose carriage is prohibited by law, statute or regulation of the state in which the shipment may travel Used hypodermic needles and syringes, or medical waste Dry ice shipments prepared in accordance with IATA regulations do not require a Shipper's Declaration, and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the special instructions section in the place order page or specified when placing an order via telephone. All dry ice shipments require package marking and labeling. Messenger Couriers Inc. is not required to add dry ice to packages in its system. Restrictions applicable to all shipments: (Also see Dangerous Goods.) No more than one type of service may be indicated per shipment. If no service is indicated, we will assume that your shipment requires the most expedient service available at the time. Firearms. Messenger Couriers Inc. will only accept shipments of firearms when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by federal, state or local regulations when these conditions are met. Messenger Couriers Inc. will accept and deliver firearms between all areas served in the U.S. Firearms may not be sent C.O.D. Upon presenting the package for shipment, the shipper is required to inform Messenger Couriers Inc. that the package contains a firearm. Firearms may not be shipped in one complete piece. When tendered for shipment, the firearm must be rendered inoperable, either by removing the firing pin in the gun and disconnecting the barrel, or by some other means so the package does not contain a completely assembled, usable weapon. The outside of the package should bear no label, marking, or other written notice that a firearm is contained within. This includes the abbreviation of the name of the shipper or recipient if the name would clearly indicate that the package could contain a firearm. Firearms and ammunition may not be shipped in the same package. Ammunition is always an explosive and must be shipped as Dangerous Goods. Signature release is not available for shipments containing firearms. The shipper and recipient are required to comply with all applicable government regulations and laws including those pertaining to labeling. The local division office of the Bureau of Alcohol, Tobacco and Firearms (ATF) can provide assistance with the packaging and shipment of firearms. Fireworks. Messenger Couriers Inc. will not accept fireworks shipments. Alcoholic Beverages. FedEx will accept alcohol shipments (wine, beer and hard liquor) when both the shipper and recipient are either a licensed wholesaler, licensed dealer, licensed distributor, licensed manufacturer, or licensed importer subject to all applicable individual state laws. Signature release is not available for shipments containing Alcohol. Tobacco Products. Tobacco products will be accepted only when shipped from a licensed dealer or distributor to another licensed dealer or distributor. Packaging should be pre-approved by Messenger Couriers Inc. prior to shipping. Your failure to use preapproved packaging releases us from any liability that we would otherwise assume. (See Liabilities Not Assumed.) Regulations may vary from state to state. Plants and Plant Materials. Plants and plant materials, including seedlings, plant plugs and cut flowers, must be shipped in accordance with applicable state and federal laws. Packages containing these items may be inspected by government agencies, which may result in a delay in delivery. We are not liable or responsible for damage, refunds or credits resulting from delay of these shipments by federal, state or local government agencies. Packaging should be pre-approved by Messenger Couriers Inc. prior to shipping. Your failure to use pre-approved packaging releases us from any liability that we would otherwise assume. (See Liabilities Not Assumed.) Fragile Articles/Orientation: Packaging for all fragile articles (including, but not limited to, electronic and electrical devices, scientific testing equipment, fragile glass, crystal, porcelain or china) should be approved by Messenger Couriers Inc. prior to shipping or we assume no liability for such shipments. We do not provide special handling for packages bearing "Fragile," "Refrigeration required," or orientation markings (e.g., "UP" arrows or "THIS END UP" markings). Fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs and flat panel display screens (all types). Due to the extremely fragile nature of these items, shipping is discouraged using Messenger Couriers Inc.. Messenger Couriers Inc. assumes no liability for these items if damaged in transit. Scale models (including, but not limited to, architectural models, doll houses, etc.) are classified as inherently fragile items, and shipment is discouraged. Messenger Couriers Inc. assumes no liability for these items if damaged in transit. Perishables. Meat, Fish and Poultry. Meat, fish and poultry shipments can be shipped only in accordance with applicable state and federal laws. The shipper is responsible for ensuring compliance with state and federal law. Failure to use pre-approved packaging releases us from any liability for spoiled perishables that we would otherwise assume. (See Liabilities Not Assumed.) Dangerous Goods. (See Dangerous Goods.) Pharmaceuticals. Shipments of over-the counter and prescription pharmaceuticals will only be accepted when tendered in accordance with applicable federal, state or local laws. The shipper is responsible for compliance with all applicable laws. Pharmaceutical packages should bear no label, markings, or other written notice that a pharmaceutical is contained within. Proper packaging such as cotton or other appropriate packing material should be used in order to protect the contents of the shipment. Signature release is not available for pharmaceuticals shipments. The following items are prohibited and will not be accepted: Cash, currency, collectible stamps and coins Live animals, including birds, reptiles and marine life (Edible seafood such as live lobsters, crabs or other types of fish/shellfish for human consumption are acceptable, provided the shipper is in compliance with state and federal laws.) Animal carcasses will not be accepted. Animal heads and other parts for taxidermy may be accepted but must be properly packaged. Restrictions do not apply to materials intended for consumption. Human corpses or body parts; cremated or disinterred human remains Shipments which require us to obtain a federal, state or local license for their transportation Shipments which may cause damage or delay to equipment, personnel or other shipments Lottery tickets and gambling devices where prohibited by federal, state or local law Hazardous waste, used hypodermic needles and/or syringes or medical waste Packages/shipments that are wet, leaking or emit an odor of any kind Packages that are wrapped in kraft paper Live insects Shipments whose carriage is prohibited by law, statute or regulation of any state in which the shipment may travel Shipments whose carriage is prohibited by applicable federal, state or local law -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Routing and Rerouting -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Messenger Couriers Inc. may reroute shipments when the reroute is authorized by the sender. A reroute is a request to change a delivery address from what was originally requested. Specifically, a reroute is a change: From one street address to another in the same city/state From Hold For Pick Up instructions to a request for a delivery From delivery instructions to a request for Hold For Pick Up From one Hold For Pick Up to another in the same city/state We will determine the routing of all shipments, including the mode of transportation used, and may use air transportation, ground transportation or any combination thereof in providing our services. We reserve the right to divert any shipment (including use of other carriers) in order to facilitate its delivery. If a shipper wants to reroute a shipment, the shipper must call 310 568-9175 and provide us with the Messenger Couriers Inc. tracking number. If a recipient calls to reroute a shipment, they must provide us with the applicableMessenger Couriers Inc. tracking number. We may at our option require reroute authorization from the shipper. If the shipper calls to reroute a shipment, the shipper must provide us with the new destination address for the package, including a valid contact telephone number for the recipient. We will attempt to honor the new delivery request, but our verification and handling procedures may result in delays. Our Guarantees do not apply to shipments that are rerouted. Only one reroute will be allowed per package. There is no extra charge when the sender authorizes us to Hold For Pick Up instead of the package being delivered by a courier. We may require photo identification of the person authorized to pick up the package. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Saturday Delivery -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Messenger Couriers Inc. provides service on Saturdays. A surcharge of 25% and a $25.00 minimum charge applies for Saturday delivery. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Service Areas -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Messenger Couriers Inc. services all of the continental U.S. and Canada subject to applicable service type restrictions. For current service type information, please call 310 568-9175 for information. -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Undeliverable Packages -=-=-=-=-=-=-=-=-=-=-=-=-=-=- An undeliverable package is one that cannot be delivered for any of the following reasons: * The recipient refuses to pay for a bill-recipient shipment when the recipient does not have a FedEx account number * The recipient of a Hold For Pick Up shipment cannot be located * The recipient's delivery address cannot be located * The shipment was destined for an out-of-delivery area location and cannot be forwarded * The shipment contents or packaging are damaged to the point where re-wrapping is not possible * The shipment is unable to clear Customs * The shipment would likely cause damage or delay to other shipments or equipment or injury to personnel * The shipment delivery or carriage is prohibited by any law, statute, regulation of a country of origin or destination, or a country through which the shipment may transit * The recipient's place of business is closed* * The recipient was not at a delivery location on the initial delivery attempt or reattempts * The shipment was improperly packaged for blood or diagnostic specimen contents * Does not apply to a business closed temporarily, such as due to a holiday. A refused shipment can also be a shipment that the recipient does not accept. When practicable, we will contact the sender for instructions on returning or otherwise disposing of the shipment. If the sender requests return, shipping will be charged to the sender for the return shipment subject to the specified service type. Shipments refused (not related to service failure) as a result of being damaged, failure of recipient to accept shipping charges, and so forth, may be returned to sender, as the sender chooses. If a shipment is undeliverable for any reason, we will attempt to notify the shipper to arrange for the shipment's return. The charges associated with the original shipment remain due and payable within (See Credit Terms). If a package is marked "Bill Recipient" and is refused or returned to sender, the billing is automatically changed to "Bill Sender." If a recipient refuses a freight shipment, it immediately becomes undeliverable. If a freight shipment is “billed to recipient” and is refused or returned to the sender, the billing is automatically “billed to sender”. Our Guarantee Policy does not apply to undeliverable or returned shipments. If a package cannot be delivered or returned, the package may be transferred or disposed of by Messenger Couriers Inc. in its sole discretion, with or without notice, and Shipper, if known, agrees to pay any costs incurred in the disposal. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES. If you have questions or concerns regarding Messenger Couriers Inc. services, please send your correspondence to: Messenger Couriers Inc. Sales Dept. 269 S. Beverly Dr. #844 Beverly Hills CA 90212 -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Rate Quotations -=-=-=-=-=-=-=-=-=-=-=-=-=-=- Rates and service quotations by our employees, agents and on-line quote will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered and the application of these Terms and Conditions. We will not be liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in the rate or service quotation made prior to the actual tender of the shipment and what appears on the actual invoice, unless the rate or service applied at the time of original invoicing is inconsistent with the shipment actually tendered.
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