FXF 100 Rules Tariff

Liabilities not assumed

US Section 1
US/Canada Section 2A
Intra Canada Section 2B
US/Mexico Section 3

Effective Date January 4, 2016


Item 782

Rule

Liabilities not assumed
CARRIER WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIMITATIONS CONTAINED WITHIN THE FXF RULES TARIFF 100 SERIES ITEM 420, WHETHER OR NOT CARRIER KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED WITHOUT CARRIER’S PRIOR AGREEMENT IN WRITING.

In no event shall Carrier, including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not Carrier had knowledge that such damages might be incurred WITHOUT CARRIER’S PRIOR AGREEMENT IN WRITING.

Carrier 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. Carrier 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:
  1. The act, default or omission of any person or entity, other than FedEx, including those of any local, state or federal government agencies.
  2. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
  3. The shipper’s violation of any of the terms and conditions contained in this tariff, as amended from time to time, including, but not limited to, the improper and insufficient packing, securing, marking and labeling of shipments.
  4. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local, national or international weather conditions (as determined solely by Carrier), local, national or international disruptions in ground transportation networks (as determined solely by Carrier), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), Acts of God or natural disasters (earthquakes, floods, tornados and hurricanes are examples of natural disasters), conditions that present a danger to Carrier personnel, and disruption or failure of communication and information systems (including, but not limited to, Carrier systems).
  5. Acts or omissions of any person or entity other than Carrier, including our compliance with verbal or written delivery instructions from the sender, recipient, or persons claiming to represent the shipper or recipient.
  6. Damage or loss of articles packaged and sealed by the sender or by person(s) acting at the sender’s direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the shipment without noting the damage on the delivery record.
  7. 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 soundtracks from exposed film.
  8. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information.
  9. Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address.
  10. Shipments released without obtaining a signature when a signature release is on file.
  11. (1) Damages indicated by any shockwatch, tiltmeter or temperature instruments.
    (2) Your failure to ship goods in packaging approved by FedEx prior to shipment where such prior approval is recommended or required.
  12. Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice.
  13. Performance of any services will not constitute Carrier as the shipper’s or anyone’s agent for any purpose.
  14. Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items when not enclosed in outer packaging, or other general shipping containers whose outer finish might be damaged by adhesive labels, soiling or marking incidental to transportation.
  15. Shipping of plants and plant materials is discouraged with Carrier. Carrier assumes no liability for damages resulting from delay of shipments.
  16. 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 Carrier 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.
  17. Carrier will not be liable for any package where Carrier records do not reflect that the package was tendered to Carrier by the shipper. For shipments entered into a FedEx self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a package, the shipper is responsible for deleting any shipments entered into such system but not tendered to Carrier. If the shipper fails to do so and is billed for the shipment and seeks a refund, credit or invoice adjustment, the shipper must comply with the notice provisions in Invoice Adjustments.
  18. The shipment of any alcoholic beverages or tobacco products if you fail to comply with the applicable terms and conditions.
  19. Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:
    1. The manufacturer’s original packaging, which is undamaged and has retained a good, rigid condition.
    2. Packaging that is in accordance with the FedEx packaging guidelines available online at fedex.com/us/services/packageshipment/preparing.
    3. FedEx laptop packaging, for shipments of laptop computers.
    4. FedEx small electronic device packaging, for shipments of cell phones, handheld computers, MP3 players and similar items.
  20. Carrier does not provide protective services for transportation of perishable commodities or of commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper’s risk for loss of value or damage occasioned by exposure to heat or cold except to the extent provided in Item 810. The shipper agrees to not file damage claims for perishable items.
  21. Automated Shipping Devices and Software-Based Shipping Systems. Carrier will not be liable for any extra services where our records do not reflect that the package information was transmitted by the shipper.
  22. Our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient.
  23. The shipper’s failure to provide accurate delivery address information.
  24. Any shipment containing a prohibited item. (See the Prohibited Items section.)
  25. Our inability or failure to complete a delivery, or a delay to any delivery, due to acts or omissions of customs or other regulatory agencies.
  26. Delays in delivery caused by adherence to FedEx policies regarding the payment of duties and taxes or other charges.
  27. Our failure or inability to attempt to contact the sender or recipient concerning an 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
  28. Dangerous-goods shipments that the shipper did not properly declare, including proper documentation, markings, labels and packaging. Carrier will not pay a claim on undeclared or hidden dangerous goods and the FedEx Money-Back Guarantee does not apply.