Legal terms and conditions
FedEx Ship Manager at fedex.com legal terms and conditions
Legal Terms and Conditions of FedEx Shipping
SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO USE FEDEX SHIP MANAGER AT FEDEX.COM ("SHIP MANAGER") AND FEDEX SHIP MANAGER ON FEDEX MOBILE. PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT.
ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN FEDEX ("FEDEX") AND YOU AND SUCH ENTITY (collectively referred to as "Customer" hereinafter) GOVERNING ALL USE OF SHIP MANAGER. . WHEN USED IN THIS AGREEMENT ("AGREEMENT"), THE NAME "FEDEX" SHALL MEAN AND INCLUDE FEDEX CORPORATE SERVICES, INC. ITS PARENT AND ANY AND ALL OF ITS AFFILIATE AND SUBSIDIARY COMPANIES, INCLUDING FEDEX EXPRESS AND FEDEX GROUND. PLEASE PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE.
Section 1. Grant. Subject to the terms and conditions of this Agreement, FedEx grants Customer a non-exclusive, royalty-free, non-assignable right to use SHIP MANAGER, solely to label, rate, route, record, track, prepare and invoice shipments tendered to FedEx by Customer for carriage and for no other purpose. You are responsible for maintaining the confidentiality of your account number and its use within your organization.
Section 2. Intellectual Property Rights. FedEx holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to SHIP MANAGER. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble SHIP MANAGER.
Section 3. Use. Customer agree to follow FedEx's instructions regarding the use of SHIP MANAGER. FedEx may modify SHIP MANAGER at any time for any reason. Customers may use SHIP MANAGER to prepare under customer's SHIP MANAGER account number a shipment for the benefit of a third party shipper. In this case the Customer explicitly agrees that the Customer acts as an agent of the third party shipper with that third party shipper's full consent and under his instructions. Customer is responsible for all charges incurred under Customer's account and meter numbers.
Section 4. Termination. Use of SHIP MANAGER may be terminated at any time for any reason.
Section 5. Disclaimer of Warranty. Customer expressly acknowledges and agrees that SHIP MANAGER is made available for Customer's use free of charge and that Customers use of SHIP MANAGER is at its sole risk.
FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIP MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEDEX DOES NOT WARRANT THAT SHIP MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SHIP MANAGER WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIP MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY.
Section 6. Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT FEDEX IS PROVIDING THE USE OF SHIP MANAGER FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FEDEX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE USE OF SHIP MANAGER OR THE INTERNET, OR THE USE, OR INABILITY TO USE, SHIP MANAGER OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO CUSTOMER'S INTERNAL COMPUTER SYSTEMS EVEN IF FEDEX, OR AN AUTHORIZED REPRESENTATIVE OF FEDEX, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 7. Terms and Conditions of Carriage. (a) Customer agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx using SHIP MANAGER shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment.
(b) In the event Customer uses SHIP MANAGER to process shipments tendered to FedEx for delivery to locations outside the United States or country/territory of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at FedEx's sole discretion) are placed on the Shipping Documentation as may be instructed by FedEx, for all such international shipments. Customer will defend, indemnify and hold harmless FedEx, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow FedEx's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(c) Printed Signature. Customer acknowledges that if SHIP MANAGER is used to process shipments to locations outside the United States or country/territory of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to FedEx using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor.
(d) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is FedEx Express, P.O. Box 727, Memphis, TN 38194. The address for FedEx Ground is P.O. Box 108, Coraopolis, PA 15230.
Section 8. FedEx ShipAlertSM. FedEx provides You with the opportunity, via SHIP MANAGER, to use FedEx ShipAlert to send a message to the recipient informing them of Your shipment. This feature is provided free of charge. FedEx may modify or terminate the use of FedEx ShipAlert at any time. FedEx does not commit to keeping Your message private or confidential. By using FedEx ShipAlert You acknowledge that FedEx is providing the technical functionality only and that You are solely responsible for the content of Your messages. FedEx undertakes no duty to monitor any messages sent by You. However, FedEx, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself. Do not use FedEx ShipAlert for anything other than to communicate information about Your shipment. You may not use FedEx ShipAlert to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If FedEx sees or hears about messages sent via FedEx ShipAlert that violate these provisions, or that may damage FedEx, it may take all actions necessary to protect itself, including disclosing any messages to the authorities. It is not necessary to use FedEx ShipAlert to ship a package via SHIP MANAGER. FedEx will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
Section 9. Address Book. Subject to the terms listed below, addresses will remain in Your Address Book as long as You use SHIP MANAGER. If You do not use SHIP MANAGER for a period of 6 months, FedEx will delete Your addresses.
However, FedEx will not delete Your SHIP MANAGER account. If You have any concerns, please email FedEx at webmaster@fedex.com. The Address Book is a feature provided free of charge by FedEx. You should maintain a back-up copy of Your addresses as FedEx will not be responsible for the loss of addresses contained in the Address Book. FedEx may modify or terminate this feature at any time for any reason.
Section 10. Courtesy Rate Quote. The courtesy rate reflected here, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated.
Section 11. Quick login. With the quick login option, FedEx will store Your FedEx SHIP MANAGER User ID and FedEx account number in Your browser so that the next time You use SHIP MANAGER You won't have to remember them. If You select this option, You should know that unauthorized use of SHIP MANAGER could occur as SHIP MANAGER may be available to anyone with access to Your computer. You are responsible for all charges incurred under Your SHIP MANAGER User ID and FedEx account number. By selecting this option You agree to the Registration and Security Terms and Conditions.
Section 12. 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 with respect to SHIP MANAGER must be instituted within one year after the claim or cause of action has arisen or be barred in a court of competent jurisdiction in the western district of Tennessee.
Section 13. Complete Agreement. This Agreement constitutes the entire agreement between Customer and FedEx with respect to SHIP MANAGER, and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral, regarding SHIP MANAGER. No amendment to or modification of this Agreement will be binding on FedEx without FedEx's written consent. The provisions of Sections 2, 5, 6, 7, 12, and 13 will survive the termination of this Agreement. FedEx may modify this Agreement at any time for any reason.