Ship Your Gear Program Agreement
Section 1. Agreement ("Agreement").
I (hereinafter referred to as "I", "Me", "Customer" or "My") acknowledge that clicking the "I Accept" button below constitutes My signature and My acceptance of and agreement to the terms and conditions of the Ship Your Gear Program ("Program") as set out in this Agreement, on behalf of me and the entity with which I am employed or represent, if any. I further acknowledge that My clicking the "I Accept" button below does not automatically render Me eligible for the Program, and that My eligibility to participate in the Program will be determined solely by FedEx based on My compliance with the eligibility requirements provided in this Agreement and My response to the eligibility questions posed by FedEx on fedex.com or otherwise. I acknowledge that to determine My eligibility to participate, I must apply at fedex.com and will receive notice from FedEx regarding whether I am eligible to participate. I acknowledge that once deemed eligible for the Program, this Agreement with FedEx ("FedEx") governs My participation in the Program and that I will only be allowed to participate in the Program as provided in this Agreement. I acknowledge that eligible participants will be referred to throughout this Agreement as "Participant". When used in this Agreement, the name "FedEx" shall mean and include FedEx Corporate Services, Inc., its parent corporation and any and all of its parent corporation's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded FedEx under this Agreement, but FedEx Corporate Services is the sole obligor.
Section 2. Program.
I acknowledge that I must apply on fedex.com to be considered for eligibility to participate in the Program. During the term of this Program, and subject to the terms of this Agreement, Participants who have an active FedEx account in good standing may receive
(a) a 16% discount ("Discount") each off of the FedEx list prices in effect on the date of shipment, as published by FedEx from time to time, on shipments sent by Participants via eligible FedEx Express® services and processed through FedEx Ship Manager® at fedex.com and FedEx Ship Manager® Software. Eligible FedEx Express® services ("Eligible Express Services") are: FedEx Priority Overnight®, FedEx Standard Overnight®, FedEx 2Day®, FedEx Express Saver®, FedEx International Priority®, and FedEx International Economy®, FedEx 1Day Freight®, FedEx 2Day Freight®, FedEx 3Day®, FedEx International Priority® Freight, and FedEx International Economy® Freight. Only U.S. based payors may be Participants.
(b) an 8% discount ("Discount") each off of the FedEx list prices in effect on the date of shipment, as published by FedEx from time to time, on shipments sent by Participants via eligible FedEx Ground® and FedEx Home Delivery® services and up to 15% discount each offthe FedEx list prices in effect on the date of shipment, as published by FedEx from time to time, on shipments sent by Participants via eligible FedEx Ground® service to Canada and processed through FedEx Ship Manager® at fedex.com and FedEx Ship Manager® Software. Eligible FedEx Ground® and FedEx Home Delivery® services ("Eligible FedEx Ground® and FedEx Home Delivery® Services") are: FedEx Ground® and FedEx Home Delivery® for shipments having an origin and destination solely within the United States and Canada. Minimum charges may apply for some FedEx Ground or FedEx Home Delivery shipments. The U.S. shipment discount is only eligible in Zones 2,3,4,5,6,7, and 8. Only U.S. based payors may be Participants. Eligible FedEx Express® Services and Eligible FedEx Ground® and FedEx Home Delivery® Services are collectively referred to as the "Eligible Services".
(c) Pricing for U.S. Import Express services applies to U.S. payor FedEx accounts for shipments with a non-U.S. origin and a non-U.S. destination. Pricing for non-U.S. origin/destination Express services applies to U.S. payor FedEx accounts for shipments with a non-U.S. origin and a non-U.S. destination. Pricing is subject to discount limitations and minimum charges that vary by the country of origin. The discount limitations and minimum charges are determined by FedEx and are subject to change without notice. Destination based import rates apply and may be found at www.fedex.com Customer's FedEx Express pricing is expressed as a percentage discount off of the base rate. Discounts do not apply to ancillary service fees, surcharges, special handling fees or other charges.
Section 3. Restrictions.
(a) The Discount offered through this Program cannot be combined with any other FedEx discounts available to Participant from FedEx, or through any authorized FedEx representative. If Customer elects to accept the Discount described in Section 2, no other FedEx discount will be applied to any FedEx shipments processed by Participant through FedEx Ship Manager at fedex.com and FedEx Ship Manager Software. Customers who currently have any kind of FedEx discounts, including, but not limited to, any earned or bonus discounts, or who have any surcharge waiver or other waivers, any custom shipment weight minimum, or any custom Dimensional Weight factor, all as determined solely by FedEx, are not eligible to participate in the Program.
(b) Customers whose accounts have a status of Cash Only, Past Due, or Inactive, all as determined by FedEx in its sole discretion, are not eligible to participate in the Program.
(c) Customers who participate in the FedEx Business Bonus or FedEx Corporate Purchasing Card programs, or who have special third party billing, all as determined by FedEx in its sole discretion, are not eligible to participate in the Program.
(d) Customers whose accounts are designated as Government Service Account, Interline Account, Global Service Participant Account, FedEx Corporate Account or FedEx WorldWide Service Account, all as determined by FedEx in its sole discretion, are not eligible to participate in the Program.
(e) Customers who use the FedEx consolidated invoice option are not eligible to participate in the Program.
(f) Customers having self-invoicing FedEx customer automation devices are not eligible to participate in the Program.
(g) The Discount applies to list rate transportation charges only and not to any surcharges, special handling fees or other additional or minimum charges as described in the applicable FedEx Service Guide in effect on the day of the shipment.
(h) Participants must provide a valid credit card number for a card issued in their name to open a new account. FedEx does not extend consumer credit and FedEx's standard credit policies as determined by FedEx from time to time shall apply.
(i) Participant's email address must be provided during the application process. Participant's participation in the Program constitutes Participant's permission for FedEx to use such email address to communicate with Participant.
(j) Package consolidators are not eligible to participate in the Program.
(k) Participants must comply with the payment terms established by FedEx from time to time for services rendered by FedEx under the Program. Payment for services rendered by FedEx under the Program must be in U.S. currency.
(l) Participants must agree to the FedEx Ship Manager at fedex.com License Agreement to participate in the Program.
(m) Participants must be 18 years of age or older and have a U.S. based billing address.
(n) Past due accounts are not eligible for continued participation in the Program.
(o) Void where prohibited by law.
(p) The Discount available under this Program is for use solely by Participant in making shipments for its sole account.
Section 4. Term of Program.
Participants may use the Discount to process shipments via the Eligible Services through FedEx Ship Manager at fedex.com and FedEx Ship Manager Software until FedEx provides notice of suspension or termination of the Discount, the Program or this Agreement through a notice posted on fedex.com or as otherwise provided by FedEx. FedEx reserves the right to (a) modify the application period for the Program; (b) alter or modify the Discount, Program or this Agreement; and (c) suspend or terminate the Discount, Program or this Agreement, all at any time for any reason through a notice posted by FedEx on fedex.com or as otherwise provided by FedEx. In the event a Participant is later determined not to be eligible for the Program after being notified that Participant was eligible, Participant's participation in the Program will be terminated. In the event Participant elects to accept another discount from FedEx after Participant is deemed eligible for the Program, Participant will no longer receive the Discount and Participant's participation in the Program will be terminated. Decisions regarding eligibility to participate in the Program are solely within the discretion of FedEx.
Section 5. Shipments.The terms and conditions of carriage in the applicable FedEx Service Guide in effect on the day of any shipment made by Participant under the Program shall apply to any such shipments. If there is a conflict between the FedEx Service Guide and the Program, the FedEx Service Guide terms and conditions will control.
Section 6. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Tennessee, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be instituted within one year after the claim or cause of action has arisen in a court of competent jurisdiction in Shelby County, Tennessee or be barred.
Section 7. Complete Agreement.
This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on FedEx without FedEx's written consent. Customers in Puerto Rico are not U.S. based payors, and therefore are not eligible for this Program.