Terms and Conditions

TERMS AND CONDITION

  1. SCOPE OF SERVICES: Parcel Pro, Inc. (“Parcel Pro”) acts as a shipper’s-agent to arrange, organize and/or manage transportation and provide ancillary services, including but not limited to U.S. export filing services (if applicable) and billing solutions. Upon request of customers, Parcel Pro will also include customers’ goods for which shipper’s agent services are being performed under an insurance policy issued to Parcel Pro (the "Insurance Policy") which is underwritten by an authorized insurance company (the "Insurance Underwriter") and produced by its insurance broker. Parcel Pro is not an insurance company, customs broker or air carrier of any type. Use of Parcel Pro’s services constitutes acceptance of these Terms and Conditions. Adherence to these Terms and Conditions is a condition precedent for customers’ goods to be included and protected under the Insurance Policy.

  2. ENGAGED TRANSPORTATION CARRIERS: As the customer, you authorize Parcel Pro to select and engage transportation carriers and other vendors on your behalf pursuant to their contractual terms to which you will be bound in all instances. In the event Parcel Pro engages a motor carrier for independent U.S. interstate surface transportation, Parcel Pro does so in its capacity as property broker under authority of the Federal Motor Carrier Safety Administration, docket number MC-934626. Shipper’s-agent services may also be performed by Parcel Pro relating to carriers and other vendors selected by the customer and/or engaged directly by the customer on the customer’s independent account. In either event, carriers and other vendors to whom goods are entrusted limit their liability. If you intend to protect your goods under the Insurance Policy, do not declare value with transportation carriers or other vendors. You may forego using the Insurance Policy and increase a carrier or vendor’s liability by declaring a value and paying an additional charge subject to their contractual terms, but you must arrange for such excess liability through Parcel Pro if the transportation carrier or other vendor is engaged by Parcel Pro or under Parcel Pro’s account. Any declaration of value by you directly to any carrier or vendor engaged by Parcel Pro or engaged under a Parcel Pro affiliated account will not result in increased liability of that carrier or vendor. Parcel Pro will request excess liability from the carrier or vendor on your behalf only upon your written instruction, for which additional charges will apply. Carriers and other vendors may refuse declared value for liability. In the absence of your written instruction to declare value with a carrier or other vendor or if any carrier or other vendor refuses declared value for liability, the goods may be tendered to carriers or other vendors subject to their liability limitations and in some instances special liability waivers, which will apply to the transportation of your goods and to which you will be bound. In the event of an instruction by you or any other party to any carrier or other vendor that conflicts with any contractual terms between Parcel Pro and that carrier or other vendor, the contractual terms between Parcel Pro and that carrier or other vendor shall prevail. Rather than attempting to effect recovery against carriers under liability terms, Parcel Pro offers you the opportunity to protect your goods under Parcel Pro’s Insurance Policy.

  3. COVERAGE DETAILS: Although coverage under the Insurance Policy may be extended to customers’ goods, Parcel Pro is the only named insured under the Insurance Policy. The Insurance Policy under which shipments are insured for physical loss and/or damage in the course of transit is extended under insuring conditions, limitations and exclusions. Parcel Pro, in its sole discretion, reserves the right to decline certain shipments be included under the Insurance Policy. Confirmation of insurance eligibility and inclusion under the Insurance Policy shall only be upon your receipt of a Parcel Pro issued confirmation number for each shipment. The terms of the Insurance Policy are summarized as follows:

    1. Commodities: Exclusively covering jewelry, time pieces, precious metals, and pearls and gemstones (loose or set). Other lawful goods may be covered subject to approval in writing prior to shipment.

    2. Valuation: Insure your goods for selling price if sold prior to shipment or otherwise actual cash value / replacement value. You should insure for 100% value; if you understate value, you will bear the extent of deficit in the event of a partial loss. In the event you overstate value, your coverage will be limited to actual value.

    3. Limit of Liability: Please refer to your Certificate of Insurance for the applicable coverage limit, which shall determine your maximum coverage(s). A country-specific sublimit may also apply. The maximum coverage in all events will be limited to the amount for which you insure your goods. No customer deductible will apply unless otherwise noted in the Certificate of Insurance.

    4. Requirement of Signature at Delivery: Coverage applies exclusively to shipments with designated approved carriers under terms requiring adult signature upon delivery. You must not tender any shipment to a carrier under a “waiver of signature,” “release signature status” or similar service booking, agreement or arrangement with the carrier as you will void coverage under the Insurance Policy by doing so. If the consignee allows the carrier to effect delivery without signature, coverage under the Insurance Policy will be void. Except if released by the carrier without signature against your instruction, without your knowledge and as a result of exclusive fault of the carrier, no insurance claim can be made for any shipment delivered without a signature for any reason if the shipment is confirmed delivered by the carrier’s tracking information.

    5. Duration: Confirmed coverage commences upon goods being retrieved by or tendered to Parcel Pro or the designated approved carrier, as determined by carrier tracking information. Coverage continues in the course of transit and until delivery is made at the consigned destination or until the expiry of fourteen (14) days, whichever occurs first. Delivery is made when a package is signed for at the consigned location or when the package is left at the consigned location without a signature, as determined by the carrier’s tracking information. Shipments signed for by any apparent representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) at the delivery address shall be deemed delivered. Notwithstanding the foregoing, coverage may be cancelled in the course of transit in the event you, the shipper, or consignee do not cooperate or are unresponsive to facilitate or accept delivery; in such event, it is your burden to prove any loss occurred during the coverage period.

    6. Refused Shipments Returned: In the event of coverage and a shipment is returned to the shipper because of refusal or inability of the consignee to facilitate or accept delivery, coverage is extended until the sooner of redelivery to the shipper or the expiry of thirty (30) days from the date that the goods were retrieved by or tendered to Parcel Pro or the designated approved carrier, as determined by carrier tracking information.

    7. Exclusions: As with all insurance, coverage under the Insurance Policy is subject to exclusions which specifically include: (I) seizure of goods, including seizures by custom authorities; (II) war risks for domestic U.S. shipments; (III) radioactive contamination; (IV) delay; (V) inherent vice; (VI) loss of, damage to or breach of data or other non-tangible content; (VII) fraud by you, the shipper or consignee; (VIII) cyber attacks; (IX) illicit trade; (X) concealed damages and losses (within sealed packages delivered intact); (XI) mechanical/electronic derangement to used or unsealed new merchandise; (XII) damages attributable to insufficient packing; (XIII) breakage to fragile and delicate items such as those used for clocks or glassware; (XIV) false/erroneous information provided by you, the shipper or consignee; package labels being changed or revised in the course of transportation for the purpose of fraudulent redirection; (XV) shipments being sent as a result of fraud or trick upon the customer, shipper and/or consignee (including but not limited to product orders made by imposters); and (XVI) abandonment by you, the shipper or the consignee. Coverage under the Insurance Policy is also excluded for: (XVII) all risks of a shipment being re-routed, stopped in transit or retrieved at a point other than the original consigned delivery point pursuant to any instruction or representation to the designated approved carrier by a fraudster or imposter. C.O.D. shipments may be insured, however the C.O.D. payments are not covered and there is no coverage for the collection/return of C.O.D. payments. Consequential and indirect damages, such as loss of market, depreciation, or diminution in value as a result of repair, are not recoverable. In the event of loss or damage to pairs or sets, recovery will be limited exclusively to the item lost or damaged.

    8. Limited Fraud Coverage for U.S. Customers: Notwithstanding coverage exclusion numbers VII, XV and XVII under section 3(g) of the Parcel Pro Terms and Conditions, and subject to all other terms herein and in the Insurance Policy, the Insurance Policy will provide coverage for risk of fraud perpetrated against you as a shipper which results in the designated approved carrier either delivering a covered shipment to an address other than the address originally consigned or releasing a covered shipment at a station of the designated approved carrier to someone other than the originally named consignee (the “Limited Fraud Coverage”). The Limited Fraud Coverage is exclusively available for Parcel Pro accounts opened in the United States and for shipments originating and deliverable within the United States. The Limited Fraud Coverage is subject to a maximum limit of $10,000 (ten thousand United States dollars) per calendar year and is extended strictly upon each of the following conditions precedent being met: (I) the designated approved carrier must be United Parcel Service, Inc.; (II) the covered shipment must be consigned to a business address; (III) you must verify the consignee’s contact information and initiate contact with the consignee to confirm their identity and the legitimacy of the product order in advance of shipment and have proof of such contact; (IV) you must not under any circumstance release the shipment tracking number to the consignee or any third party; and (v) you must not participate or conspire in any such fraud or have advance knowledge or awareness of such fraud being perpetrated against you.

    9. Requirement of Inspection and Exception to Carrier at Time of Delivery: The consignee or its representative must carefully inspect the shipment immediately at time of delivery in the presence of the delivering carrier's personnel and make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. Except for disappearance of the entire package in transit prior to delivery, failure to make written exception with the delivering carrier will preclude insurance coverage for any loss or damage which you may discover. Delivery accepted under a condition of “subject to inspection” or similar language will not constitute the required written exception.

    10. Claim Reporting Limitation: You should immediately report to Parcel Pro in writing any loss or damage to insured goods but in order for a claim to be considered by the Insurance Underwriter you must in all events do so no later than sixty (60) days from the date of shipment delivery, or in the event of non-delivery, (60) days from the date of scheduled delivery or if none then from the date the shipment should have reasonably been delivered to the original consignee. In the event of a covered refused shipment returned, this period shall be increased to seventy-five (75) days.

    11. Claim Process: By making any claim, you warrant that you are the sole owner of such claim and that you have not released any third party from liability for the claim (including but not limited to the designated approved carrier). The Insurance Underwriter has the exclusive authority to determine all issues of insurance coverage and claim settlement. You, the shipper and consignee must all fully cooperate in providing all documentation and information pertinent to a claim, including an examination under oath if requested. Should the Insurance Underwriters dispute liability or coverage for any reason, you shall have no recourse against Parcel Pro and Parcel Pro shall not be under any responsibility or liability in relation thereto. Unless prohibited by applicable law, any dispute between you and the Insurance Underwriters shall be resolved by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules.

    12. Effect of Claim Payment: Payment of any claim shall be without precedent as to any other or future claim and shall be without prejudice to any rights, remedies or defenses inuring to the Insurance Underwriter’s benefit under the Insurance Policy and these Terms and Conditions. Upon any claim payment, the Insurance Underwriter is automatically assigned and subrogated to any and all rights of recoveries against all third parties relating to the claim, including but not limited to the designated approved carrier. You agree you will cooperate with subrogation efforts by the Insurance Underwriter and you hereby allow the Insurance Underwriter to pursue claims with, and file legal actions against, third parties in your name. All subrogation recoveries from third parties by the Insurance Underwriter shall be the sole property of the Insurance Underwriter.

    13. Notice of Full and Additional Terms: Under all circumstances, the terms and conditions set forth in the Insurance Policy issued to Parcel Pro shall control and determine insurance coverage. To the extent any terms and conditions stated herein indicate insurance coverage excluded under the Insurance Policy, the Insurance Policy shall control and be binding as to issues of insurance coverage. The name and contact information of the Insurance Underwriter is available upon request and you may also make a written request to Parcel Pro to obtain a copy of the Insurance Policy. Parcel Pro reserves the right to change Insurance Underwriters and to allow insuring terms for its coverage to be modified in Parcel Pro’s sole discretion at any time and without notice, provided that coverage shall always substantially adhere to the summary herein and shall absent notice be without interruption.

  4. SHIPPING RULES & RESTRICTIONS FOR COVERAGE: In order to ship with Parcel Pro and for the coverage under the Insurance Policy described herein to apply, you must be an approved customer and strictly abide by the following shipping rules and restrictions which are condition precedents for any claim recovery:

    1. Notify the Consignee: You must notify the consignee of the shipment and content prior to delivery and of the consignee’s obligation to give timely notice of non-receipt and to carefully inspect the shipment at time of delivery in the presence of the delivering carrier's personnel and to make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. The consignee’s failure to do so will preclude recovery.

    2. Double Box: Unless otherwise authorized by Parcel Pro in writing, all packages must be double boxed in new boxes and packaging and must include the tracking number on the inner box. The inner box must not be a small jewelry box which could be easily identified and/or discarded. Envelopes and packs are not eligible for coverage.

    3. Select a Billing Option: When preparing packages, you may use the carrier account number associated with Parcel Pro, as may be provided by Parcel Pro, or you may use your independent account number with the carrier if that carrier has been designated by Parcel Pro as an approved carrier for your shipments.

    4. Package and Tender to Carrier: All packages must be properly packed and sealed to withstand the ordinary rigors of shipment. Unless otherwise authorized by Parcel Pro in writing, packages must be picked up at a shipper location, handed to a carrier staff driver or taken to a carrier or Parcel Pro staffed location. You must obtain a receipt for any packages dropped off at a retail location that has been authorized by Parcel Pro in writing. You must not use unmanned drop boxes or any location without carrier employed personnel.

    5. Report Shipments to Parcel Pro Same Day: You must report shipments to Parcel Pro on the same day of shipping. Shipping without a Parcel Pro-issued confirmation number will result in an uninsured shipment. Automated receipt of a Parcel Pro confirmation number shall be adequate confirmation.

    6. Declare a Value for Insurance: Packages reported without a value declared for insurance shall be uninsured shipments and any recovery under liability terms will be US$100 or less.

    7. Do not Reveal Package Content: Unless otherwise instructed by Parcel Pro in writing, you must not allow any indication of high value content to appear on a waybill, labeling or package exterior. For example, never reference brands or auction houses or use words such as “jewelry,” “watch,” “diamond,” “pearl,” or abbreviations such as DIA. This rule does not apply where international regulations require that such information be included.

    8. Do not Declare a Value with the Carrier: Unless otherwise instructed by Parcel Pro in writing, you must never declare a value for liability or any other purpose with the approved carrier or any other vendor. Otherwise, you may void coverage under the Insurance Policy. In the event Parcel Pro instructs you to declare a value with any vendor, such declaration of value shall be for purposes of security protocol and shall not result in increased liability of that vendor.

    9. Shipping Reports: Unless otherwise instructed by Parcel Pro in writing, you must never give to the carrier or ship with the package your daily shipping report and the values shipped; these are for your records only and must be treated by you as confidential. When shipping via Parcel Pro’s online tools (website, mobile apps, API), in all instances where a High Value Shipment Receipt is generated and tender is made to a carrier, the shipper must ensure that the High Value Shipment Receipt is tendered to and acknowledged by the carrier.

    10. Certain origin Zip Codes Require Special Instructions: On packages sent from New York zip codes 10036, 10017 and from Los Angeles zip codes 90013, 90014, 90015, 90016 and 90017, the shipper must use an alternate address on the carrier’s waybill that is not one of these zip codes. You may use Parcel Pro’s office address for this purpose.

    11. Certain destination Zip Codes Require Special Permission and Instructions: Packages with a declared value for insurance of US$5,000 or greater and being sent to New York zip codes 10036 or 10017 are subject to special permission and instructions. All packages being sent to Los Angeles zip codes 90013, 90014, 90015, 90016, 90017 or to Beverly Hills area zip codes 90048, 90209, 90210, 90211, 90212, 90213 are also subject to special permission and instructions. For shipments not generated using Parcel Pro’s online tools (website, mobile applications, API), call Parcel Pro for additional information and instructions. Parcel Pro reserves the right to implement special permission and instruction requirements for additional regions upon notice.

    12. Furnish Accurate and Complete Information: You must accurately and comprehensively provide all information and documentation necessary for Parcel Pro to perform its services hereunder, upon which Parcel Pro and the Insurance Underwriter will rely. Your errors or omissions in furnishing information and documentation will void insurance coverage and may result in losses and liabilities for which you will be responsible.

    13. Maintain Packaging: No claims for loss or damage shall be valid unless the package, inner cartons, packing and contents have been preserved until made available for inspection by Parcel Pro or the Insurance Underwriter.

  5. COMPENSATION OF PARCEL PRO: The compensation of Parcel Pro for its services shall be included with and is in addition to the rates and charges of all vendors selected by Parcel Pro for the services provided. However, duties and taxes for shipments are not included. In the event that any duties and/or taxes for any shipment are invoiced to the account of Parcel Pro and/or paid by Parcel Pro, then Parcel Pro will charge you such amount(s) plus a US$30 administrative fee per shipment at the first instance and up to $100 for each instance thereafter and you agree that Parcel Pro may automatically charge such amount(s) plus the administrative fee to the credit card associated with your account. You agree to pay all charges and to comply with all terms of credit, if any. The shipper, consignee and you shall be jointly and severally liable for all charges owed to Parcel Pro and for any fines, penalties or other damages or liabilities to third parties incurred by Parcel Pro as a result of any shipment. Charges shall be refunded in the event of cancellation prior to time of package tender but shall not be refunded in the event of any loss not covered by the Insurance Policy. Parcel Pro shall have a general lien on any claim settlement and on all goods which are pending delivery for all outstanding charges, expenses or advances incurred by Parcel Pro in connection with any of your shipments. Unless all outstanding charges are satisfied within thirty (30) days of written notice of lien from Parcel Pro, Parcel Pro shall have the right to deduct such charges, expenses or advances from any claim payment otherwise payable to you and/or to sell goods at public or private sale or auction, with any net payment or proceeds being paid or refunded to you and any net deficiencies remaining owing.

  6. LIABILITY OF PARCEL PRO: As a shipper’s-agent in arranging, organizing and/or managing transportation and providing ancillary services, including facilitating coverage under the Insurance Policy, Parcel Pro has no carriage liability and is only liable for its independent negligence, errors and omissions for which it limits its liability to US$50 per shipment in accordance with industry standards. In the event your goods are lost or damaged while in the custody of Parcel Pro, liability shall be limited to US$100 per shipment unless you separately declare in writing a higher value with Parcel Pro for liability purposes. In the event of a dispute between you and Parcel Pro or any affiliate or agent of Parcel Pro, you agree it will be resolved under California and U.S. law by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules. As such, you, waive the right to have a trial by jury. Arbitrations will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You must make written claim against Parcel Pro within sixty (60) days from the date of shipment delivery, or in the event of non-delivery, (60) days from the date of scheduled delivery or if none then from the date the shipment should have reasonably been delivered and you must also make written demand to Parcel Pro for arbitration within one year from such date. Failure to make timely written claim or written demand for arbitration will preclude any liability of Parcel Pro.

  7. ENTIRE AGREEMENT; CUSTOMER WARRANTIES; TERMS AND CONDITIONS SUBJECT TO CHANGE: No oral modification of these Terms and Conditions is permitted and no Parcel Pro employee shall have authority to orally modify these Terms and Conditions. These Terms and Conditions together with the rate sheet shall constitute the entire agreement between you and Parcel Pro. You warrant all goods tendered are legally compliant for the shipment requested and that you have the authority of your company, of the shipper, of the consignee and of any third party with any interest in the goods shipped to bind them to these Terms and Conditions and you hereby do so. In preparing and making export filings and performing all other services hereunder, Parcel Pro shall be entitled to rely upon the accuracy and completeness of all information provided by you and/or the shipper. Parcel Pro shall have the agency authority which is hereby granted to act on behalf of the shipper, consignee and/or any other beneficial owner of the goods to make export filings and perform all other tasks reasonably necessary to perform the services. Parcel Pro reserves the right to modify these Terms and Conditions from time to time and without notice. Shipments will be governed by the Terms and Conditions in effect at the time of shipment, as may be verified online after login at www.parcelpro.com

VERSION U.S. and Canada 8/28/2019