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TERMS AND CONDITIONS
1. All shipments tendered to Cheetah Couriers (CC) for
transportation will be contained in securely fastened and properly
addressed packages, containers or mail bags conforming to applicable United
States Post Office rules and regulations, and regulations applicable to
private express shipments. Packages shall not contain contraband or other
illegal materials. All computer tapes, disks, and other items subject to
magnetic or electronic damage will be contained in suitable protective
packaging clearly marked with an appropriate warning.
2. The responsibility of CC will commence upon delivery of a shipment to
CC and will end upon delivery to addressee, consignee, or the United
States mail, whichever occurs first.
3. CC will not be liable for any loss or damage caused by:
(a) strike, labor disputes, perils of the air, weather conditions,
mechanical failures, acts or omissions of public authorities, acts of God
or any other occurrence beyond its control, or;
(b) the act, default, or omission of the shipper, addressee, or any other
party with an interest in the shipment of any person other than CC or its
agents, including, without limitation, government officials and Postal
Service employees.
4. With respect to shipments to be delivered to or picked up from the
United States mail, the liability of CC resulting from loss or damage
shall in no event exceed $1000 or $0.50 per pound, whichever is less. The
term "shipment" as used in this paragraph means each package, bag, or
container of items to be delivered or picked up.
5. With respect to all other shipments, the liability of CC for loss or
damage will be as follows:
(a) with respect to printed materials, including letters, checks, drafts,
money orders, other bank-related media, securities, transit items, sales,
audit items, business records, audit media, tabulation cards, data
processing materials, legal documents, and any other printed materials,
the liability of CC will be limited to the reasonable cost of
reproduction or duplication of the physical item. This is not to exceed
$50 per item, subject to a $2000 per occurrence limit; provided, however,
that CC shall not be liable for any such costs unless shipper has
notified CC in advance of the reproduction or duplication of lost or
damaged items, and;
(b) CC will not be liable for any loss or damage (including, but not
limited to erasure) to any electronic or magnetic tape, disk or similar
item which exceeds the value of the blank physical item itself. In such
event, CC liability shall be limited to a maximum of $1000 or $0.50 per
pound, whichever is less, as defined in paragraph 4 above, unless
specified otherwise in a separate agreement, and;
(c) CC's liability for loss or damage to items having unusual or idiosyncratic value, such as
works of art, jewels, furs, photographs or the like, shall not exceed
$1000 or $0.50 per pound, whichever is less, defined in paragraph 4 above,
unless specified otherwise in a separate written agreement, and;
(d) CC's liability for loss or damage to optical equipment, electronic or
mechanical equipment, including such items as radios, cameras, computer
equipment, or other similar items, shall not exceed $1000 or $0.50 per
pound, whichever is less, explained in paragraph 4 above, unless specified
otherwise in a separate written agreement.
6. CC SHALL NOT BE LIABLE IN ANY CASE FOR DELAY IN DELIVERY OR FOR
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER OR NOT CC KNEW, OR
SHOULD HAVE KNOWN, THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT
LIMITED TO, LOSS OF INCOME, LOSS OF PRODUCTION, INCREASE IN EXPENSE,
INTEREST, PROFITS, BUSINESS OPPORTUNITY, BANK COLLECTIONS OR SIMILAR FEES.
7. A claim for loss, damage or delay of any shipment or any part of a
shipment, must be filed with CC within 30 days of the date that the said
shipment was delivered to CC, or the date CC took possession of the said
shipment, whichever occurs first. CC will not be liable for any claim
filed 30 days from such date. CC will
entertain no claim of loss or damage to a shipment until all charges due
CC on account of such shipment have been paid.
8. If a shipment must be stored by CC in excess of 24 hours, because it
is undeliverable for reasons not the fault of CC, it may be subject to a
reasonable storage charge.
9. Absent special arrangements previously agreed to in writing, CC will
not accept or be responsible for shipment commodities which require
special or unusual handling by CC. By way of example, unacceptable
commodities include human remains, tissues, or fluids, animals, hazardous
materials, household goods and furniture, or shipments unaccompanied by
proper documentation. Shipper represents that, except pursuant to special
arrangements agreed to in writing, no such commodity will be shipped under
this agreement.
10. CC may, at its option, open and inspect any packages tendered to it
for shipment.
11. CC reserves the right to reject a shipment after acceptance and prior
to the performance of any transportation services, if 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
violation of any rules contained in this agreement.
12. CC WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS INVOLVING CASH OR
CURRENCY, OR CASH EQUIVALENT ITEMS. SHIPPER UNDERSTANDS THAT CC IS NOT IN
THE BUSINESS OF TRANSPORTING SUCH CARGO. IN THE EVENT SHIPPER INCLUDES
CASH OR CURRENCY OR EQUIVALENT ITEMS WITH HIS/HER SHIPMENT, EITHER WITH OR
WITHOUT THE KNOWLEDGE OR CONSENT OF CC, IT WILL BE SOLELY AT THE RISK OF
THE SHIPPER.
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