Printable Version IP1/IXF Terms and Conditions
|
|
See Table of Contents |
LIABILITIES NOT ASSUMED
WE WON'T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE OR THE CONVENTION LIABILITY LIMIT (DEFINED BELOW), WHICHEVER IS APPLICABLE, FOR CARRIAGE OF A SHIPMENT ARISING FROM TRANSPORTATION SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS, 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 or responsible for loss, damage or delay caused by events we cannot control. Exposure to and risk of any such loss is assumed by you or transferred by you to an insurance carrier through the purchase of an insurance policy. You should contact your insurance agent or broker if insurance coverage is desired.
WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
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 failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from:
- The act, default or omission of the sender, recipient or anyone else with an interest in the shipment.
- The nature of the shipment or any defect, characteristic or inherent vice of the shipment.
- Your violation of any of the terms and conditions contained on our air waybill or in our Terms and Conditions as amended from time to time, including, but not limited to, incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of shipments, or failure to tender cargo banded to a skid on all sides as specified in these Terms and Conditions.
- Perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, acts or omissions of Customs or quarantine officials, riots, strikes or other local disputes, civil commotions, hazards incident to a state of war or weather conditions (as determined solely by FedEx Express), or mechanical delays, or national or local disruptions in air or ground transportation networks due to events beyond our control, or disruption or failure of communication and information systems. In such circumstances, we will make reasonable efforts to transport and deliver packages to their destination as quickly as practicable under the circumstances; and we are under no duty to advise you of the potential existence of any one or more of these circumstances.
- Acts or omissions of any person other than us, including our compliance with verbal or written delivery instructions from the sender or recipient.
- Loss of or damage to articles packed and sealed in packages by the sender, 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 or the delivery record.
- Delays caused by Customs clearance procedures or those of other regulatory agencies.
- Delays in delivery caused by adherence to FedEx policies regarding the payment of duties and taxes.
- Our inability to provide a copy of the delivery record.
- Erasure of data from magnetic tapes, files or other storage media or erasure of photographic images/sound tracks from exposed film.
- Our failure to honor "package orientation" graphics (e.g., "UP" arrows or "THIS END UP" markings) or other sender's instructions on packaging, or damage to shipments not in packaging approved by us prior to shipment where such prior approval is recommended or required herein.
- Damage in transit or in handling of, or concealed or other damage to, fluorescent tubes, neon lighting, neon signs and X-ray tubes, glass, sea urchins, sea urchin roe or other inherently fragile items.
- Our failure to notify you of any delay or loss of your shipment.
- Shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement.
- Our failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker's address.
- FedEx will not be liable for any package where our records do not reflect that the package was tendered to us by the customer.

