The following pages contain the ZIP Delivery Terms and Conditions applicable to the transportation of any package, document, envelope, skid, container or other item by ZIP Delivery services, including, but not limited to, any such items tendered by customers utilizing ZIP Delivery automated systems, manifests, waybills and labels.
If there is a conflict between these Terms and Conditions and the terms and conditions on any ZIP Delivery waybill, manifest, stamp, shipping label or other transit documentation, the Terms and Conditions in this Guide, as amended, modified, changed or supplemented, will control.
Rates and service quotations by our employees and agents are based upon information you provide, but final rates and service may vary based upon the shipment actually tendered and the application of these Terms and Conditions.
Any failure by us to enforce or apply a term, condition or provision of the ZIP Delivery Service Guide does not constitute a waiver of that term, condition or provision and does not otherwise impair ZIP Delivery’s right to enforce such term, condition or provision.
We may, at our sole discretion, open and inspect any shipment without notice.
You must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments.
All packages must be prepared and packed by the shipper for safe transportation with ordinary care in handling in an express transportation environment. Any articles susceptible to damage as a result of conditions that may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by proper packaging. Each shipment must be legibly and durably marked with the name, address and ZIP code of both the shipper and recipient.
If a shipment is refused by the recipient, leaks, or is damaged due to inadequate packaging, the shipment will be returned to the shipper, if possible. If the shipper 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 ZIP Delivery for all costs and fees of any type incurred in connection with the storage or disposal of the shipment or the cleanup of any spill or leakage from the shipment.
We provide pickup and delivery service to points within our primary service areas. Service outside our primary service areas may be provided through delivery agents. For more information, please call Customer Service at 1-214-373-1999
We do not offer a ‘restricted delivery’ service, and may deliver to someone other than the person named as the recipient. We also may make an ‘indirect’ delivery. Indirect delivery is a completed delivery to an address or location other than the address on the delivery ticket. Packages cannot be delivered to P.O. boxes or P.O. box ZIP codes. Package addresses must include the complete street address and ZIP code of the recipient.
Delivery agents are independent contractors. They are neither employees nor agents of ZIP Delivery, and we are not responsible for any of their acts or omissions.
Shipments to hotels, hospitals, government offices or installations, university campuses or other facilities that utilize a mailroom or other central receiving area will be delivered to the central receiving area, unless otherwise authorized and approved by ZIP Delivery.
Proof of pickup is available upon request via email. You must provide the pickup number or ZIP Delivery tracking number. We will not provide proof of pickup unless you provide this information. In our sole discretion, we may refuse to pick up or deliver a shipment (package or freight), or use alternative pickup or delivery arrangements, to maintain the safety of our employees and in cases in which we believe that our services may be used in violation of federal, state or local laws.
Additional charges may apply for late-hours, weekend, or holiday pickup and delivery.
All deliveries may be cancelled providing ZIP Delivery is notified within 15 minutes of delivery request. All requests for cancellation after 15 minutes may result in a service fee.
We will, when available, provide Proof of Delivery information for packages delivered within our primary service areas when requested by the sender, recipient or third-party payer within 18 months of the shipping date. We assume no liability for our inability to provide a record of the Proof of Delivery.
When available, we may also provide an image of the signature Proof of Delivery online at www.atcourier.com. We will, when available and when requested by the sender, recipient or third-party payer, provide an image of the recipient’s signature along with other delivery information that is available in electronic form. The signature Proof of Delivery is available online at www.atcourier.com. We will send to the shipper, recipient or third party a copy of the signature Proof of Delivery via fax.
We will, if requested, phone the shipper to provide the time and name of the person who received the delivery. Two attempts are made to contact the shipper within two hours of delivery. If unsuccessful, ZIP Delivery has no further obligation to the customer with respect to proof of performance.
We reserve the right to refuse, hold or return any shipment and may do so in our sole discretion and without liability to us. We will execute that right when (but not limited to) cases in which:
the shipment may cause damage or delay to other shipments, property or personnel the shipment is likely to sustain damage or loss in transit because of improper packaging or otherwise the shipment contains any prohibited items the account of the person or entity responsible for payment is not in good credit standing when acceptance of the shipment may jeopardize our ability to provide service to other customers We have no liability whatsoever for refusal or rejection of shipments.
ZIP Delivery may reroute shipments when authorized by the sender subject to the following conditions:
A special handling charge will be billed to the account specified for each rerouted package, and it will appear as an reroute correction on the invoice.
To reroute a shipment, the sender must call 1-214-373-1999 and provide us with the ZIP Delivery tracking number, the new destination and a valid contact telephone number for the recipient.
Our Money-Back Guarantee Policy does not apply to shipments that are rerouted. We have no liability for any remedy for service failure for these shipments.
We may require photo identification of the person authorized to pick up the package.
We will determine the routing of all shipments, including the mode of transportation used, and may use air transportation, ground transportation or any combination thereof in providing our services. We reserve the right to divert any shipment (including use of other carriers) in order to facilitate its delivery.
Shipments with a declared value of $100 or less may be delivered and released without obtaining a signature when the sender has authorized a release by either signing the Release Signature section of the delivery ticket or by completing the Release Delivery Authorization and Indemnification Agreement for Shippers (obtained through your local ZIP Delivery Service Center or your ZIP Delivery personal account manager), or, at our sole option, upon oral or written instruction from the sender or recipient. A shipment may also be released without a signature if the recipient has provided authorization by signing the Release Delivery Authorization and Indemnification Agreement for Recipients (obtained through your local ZIP Delivery Service Center or your ZIP Delivery Personal Account Manager). We may authorize shipments released without signature to those with accounts in good credit standing and to those who otherwise have established a satisfactory payment history. We also reserve the right to release packages at residential delivery locations without obtaining a signature, provided that none of the restrictions below apply.
At our sole discretion, some shipments may not be released without a delivery signature even when release is authorized, including, but not limited to:
- “Bill Recipient” shipments when the recipient’s ZIP Delivery account is not in good credit standing or is not indicated on the airbill.
- Damaged shipments.
- Shipments containing dangerous goods.
- Drugs (including prescription drugs), perishable shipments.
- C.O.D. shipments.
- Indirect deliveries.
- Shipments billed to an invalid or missing credit card number.
- One or more packages in a multiple-piece shipment if all packages cannot be safely released.
- The delivery location or circumstances are unsuitable for release without signature as determined in our sole discretion
- Pharmaceutical shipments.
At our sole discretion, shipments having a declared value greater than $100 may not be released without a signature even where the release is otherwise authorized.
We do not provide temperature-controlled shipping and will not be liable for commodities that could be damaged by exposure to extreme heat or cold. Perishable items shall be accepted solely at the shipper’s risk for damage, regardless of whether the package was delivered on time.
You are prohibited from tendering the following items for shipment, and they will not be accepted:
Cash, currency, collectible stamps and coins. Live animals, including birds, reptiles, fish. (Edible seafood such as live lobsters, crabs or other types of fish/shellfish for human consumption is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
Animal carcasses. (Animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
Shipments that require us to obtain a federal, state or local license for their transportation. Shipments that may cause damage or delay to equipment, personnel or other shipments. Lottery tickets and gambling devices where prohibited by federal, state or local law. Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
Packages that are wet, leaking or emit an odor of any kind.
Shipments that are prohibited by applicable local, state or federal law.
Notwithstanding any other provision of the ZIP Delivery Service Guide, we are not liable for delay of, loss of or damage to a shipment of any prohibited item.
An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
The recipient refuses to pay for a bill-recipient shipment.
The recipient refuses to accept the shipment.
The recipient’s delivery address cannot be located.
The shipment’s contents or packaging are damaged to the point that rewrapping is not possible.
The shipment would likely cause damage or delay to other shipments or property or injury to personnel.
The shipment contains prohibited items.
The recipient’s place of business is closed.
No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts. The shipment was improperly packaged.
When practicable, we will contact the sender for instructions on returning or otherwise disposing of the shipment. If the sender requests return, shipping will be charged to the sender.
ZIP Delivery does not accept live animal shipments.
You are responsible for complying with all applicable federal, state and local laws, regulations, ordinances and rules governing the shipment of pharmaceuticals. Packages containing pharmaceuticals must not have labels, markings, or other written notice that a pharmaceutical is contained within.
For “Bill Recipient” transactions, packages can be tendered providing the recipient pays with cash, check, money order or credit card at time of delivery. If the recipient refuses to pay, the package will be treated as undeliverable and the sender will be responsible for all transportation charges and other fees, including all special handling fees.
All requests for new accounts are subject to credit investigation and verification by our Credit Department. We do offer consumer credit privileges. We will establish a credit account for businesses only, and an account may be refused or terminated if the customer’s business status cannot be confirmed. To establish a new business account, simply fill out the new account form located here. Any individual shipping for personal use must prepay the shipment charges or establish an ZIP Delivery account for billing directly to a major credit card.
The party to whom an ZIP Delivery account is issued is liable for all charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The account number should be released only to those authorized to ship on the account.
Failure to keep your ZIP Delivery account current may result in your account being placed on a “cash only” status. Use of an account on “cash only” status may result in your package being delayed, rejected or returned until arrangements for payment are completed. If the account number to be billed is not valid, the shipment may be delayed until an alternate form of payment is secured. If a package is held or delivery is otherwise delayed because the account is not in good credit standing, you will not be entitled to a refund or credit of your transportation charges under the Service Failure Money-Back Guarantee Policy.
You must use your ZIP Delivery account number to obtain any discount applicable to your account. Use of your account number constitutes your agreement that all packages shipped by us shall be subject to these Terms and Conditions, as modified, amended or supplemented.
ZIP Delivery may provide trade credit information on its account holders to credit bureaus.
We offer a Collect On Delivery service consisting of transportation of packages, collection of a payment instrument, and delivery of a payment instrument to the shipper. The shipper is responsible for specifying in the appropriate field of the ZIP Delivery automated shipping system, the amount (the C.O.D. Amount) and the form of payment to be collected.
Performance of the C.O.D. service does not make us the agent of the shipper for any purpose whatsoever, including, but not limited to, completion of the sale of the goods by the shipper to the recipient. If the recipient cannot be located or fails or refuses to pay the C.O.D. Amount via the requested instrument, the shipment will be returned to the shipper, and no refund or credit of either the transportation charges or the C.O.D. charge will be given.
Checks (including cashier’s, official, certified, business and personal checks) and money orders for the C.O.D. Amount will be collected at the shipper’s sole risk, including, but not limited to, all risk of nonpayment, fraud and forgery. ZIP Delivery has no liability with respect to any such instrument.
Our liability for loss, damage, delay, misdelivery, misinformation, non-delivery, failure to collect the C.O.D. Amount, failure to collect the specified form of payment, collection of an instrument in the wrong amount, or failure or delay in delivering the payment instrument is limited to the declared value, subject in every event to the maximum declared value limits and other limitations referenced above and under “Declared Value and Limits of Liability.”
The payment instrument will be forwarded to the shipper via U.S. Mail.
Our Money-Back Guarantee Policy applies to transportation charges as well as to the additional charge for C.O.D. service and is the exclusive remedy for refund or credit of these charges in the event of a service failure or any failure to report the status of your package within 30 minutes of your inquiry. See “Money-Back Guarantee Policy” for complete conditions and limitations. When the Money-Back Guarantee is suspended or revoked, there is no remedy.
C.O.D. transportation charges must be charged to the sender’s ZIP Delivery account number.
We do provide individual consumer credit privileges.
To obtain credit privileges, business customers may be required to agree to bank draft arrangements for payment on account.
The invoice date begins the credit term cycle, and payment is due within 15 days from the invoice date. Failure to keep your ZIP Delivery account current will result in your account being placed on “cash only” status. This status may impair your ability to use our services, delay your shipments, and may result in the loss of any applicable discounts.
IF THE ACCOUNT NUMBER TO BE BILLED IS NOT IN GOOD CREDIT STANDING, THE PACKAGE MAY BE HELD OR STOPPED IN TRANSIT UNTIL YOU MAKE ALTERNATE PAYMENT ARRANGEMENTS. THE MONEY-BACK GUARANTEE POLICY WILL NOT APPLY IN SUCH CIRCUMSTANCES.
The shipper, and any other party who is liable for payment, is responsible for all reasonable costs incurred by ZIP Delivery in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest and court costs.
Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by ZIP Delivery in collecting or attempting to collect such balances. ZIP Delivery may require establishment of electronic funds transfer as a prerequisite to credit restoration. ZIP Delivery may decline to restore credit privileges even if all costs fees and expenses are paid.
Customers requesting removal from cash-only status must contact the Revenue Recovery Department at 214.373.1999.
We may apply payments made on your account to any unpaid invoice issued on your account at our sole discretion.
We reserve the right to assess fuel and other surcharges on shipments without notice. The duration and amount of any surcharge will be determined at our sole discretion. By tendering your shipment to ZIP Delivery, you agree to pay the surcharges, as determined by ZIP Delivery.
Rates and service quotations by our employees and agents are estimates and will be based upon information provided by you, but final rates and service charges may vary from the quotes based upon the characteristics of the shipment actually tendered to us. Any conflict or inconsistency between the ZIP Delivery Service Guide and other written or oral statements or quotes concerning the rates, features of service, and terms and conditions applicable to ZIP Delivery service will be controlled by the ZIP Delivery Service Guide, as modified, amended, changed or supplemented. We are not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to tender of the shipment and the rates, and other charges that we invoice to you.
- We must receive notice of a claim due to damage, delay, shortage, or failure to properly collect or deliver a C.O.D. payment within 15 calendar days after delivery of the shipment. (See “Money-Back Guarantee Policy” for the time period to request a refund or credit of transportation charges due to a service failure.) We must receive notice of all other claims, including, but not limited to, claims for non-delivery or misdelivery, within 45 calendar days after we accept the shipment.
- Notice of claims for which you are seeking more than $100 must be in writing. All claims must be made within the time limits set forth above.
- Your notice of claim must include complete shipper and recipient information, as well as the tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (1) through (2) will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.
- Written documentation supporting the amount of your claim must be delivered to us within 45 calendar days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction.
- We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to us.
- ZIP Delivery reserves the right to inspect a damaged shipment on the recipient’s premises as well as the right to retrieve the damaged package for inspection at an ZIP Delivery facility. The terms and conditions applicable to the original shipment (including any declared value) will govern the disposition of all claims in connection with the shipment, including any claim relative to the retrieval, inspection or return of the package. When a package is picked up for inspection, a receipt for the damaged package will be provided if requested by the recipient. All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.
- Receipt of the shipment by the recipient without written notice of damage on the delivery ticket is prima facie evidence that the shipment was delivered in good condition.
- Only one claim can be filed in connection with a shipment. Acceptance of payment of a claim shall extinguish any right to recover in connection with that shipment.
- When we resolve a claim by paying full value for a shipment, we reserve the right to pick up the package for salvage, and all rights, title to, and interest in the package shall vest with us.
- We are not responsible for concealed damage.
- Written claims must be sent (via U.S. Postal Service) to:
ZIP Delivery Claims Department
10610 Newkirk Ste 206
Dallas, TX 75220
We offer a Money-Back Guarantee Policy for our service.
This Guarantee can be suspended or revoked at our sole discretion without prior notice to you.
ALL SUSPPENSIONS OF OUR MONEY BACK GUARANTEE POLICE WILL BE LISTED ON OUR HOMEPAGE AT WWW.ATCOURIER.COM.
This guarantee is:
Service Failure Guarantee. At our option, we will, upon request, either refund or credit your transportation charges in the event of a service failure (which means delivery of your package 60 seconds or more after the published delivery commitment time for the selected service and destination, except as otherwise described in these Terms and Conditions). This Money-Back Guarantee is your exclusive remedy in the event of a service failure for the recovery of all or any portion of the ZIP Delivery charges for a shipment. If the Money-Back Guarantee is suspended, there is neither remedy nor recovery of charges for a service failure.
To qualify for a refund or credit due to a service failure, you must notify us of the service failure and request a refund or credit of your transportation charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund or credit and cannot recover compensation for a service failure in any lawsuit:
- Requests for refund or credit of transportation charges due to a service failure must be submitted via the dispute adjustment feature at www.atcourier.com/disputes.asp
- Your notification of a service failure must include your ZIP Delivery account number, if any, the tracking number, the shipment weight, the date of the shipment and the recipient’s name, address and ZIP code.
- All requests for refund or credit of transportation charges must be received via one of the approved channels within 15 calendar days of the invoice date or within 15 calendar days from the ship date if you are paying by credit card or in advance by cash, check or money order.
- A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request. A notification of the reason for an unpaid charge with your payment is not considered a request for an invoice adjustment or notice of a refund request if the reason relates to a service failure.
ZIP Delivery will not be obligated to refund or credit your transportation charges under the Service Failure Money-Back Guarantee if:
- We provide you with proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment.
- The service failure resulted, in whole or in part, from any of the circumstances described in the “Liabilities Not Assumed” section of these Terms and Conditions.
- The ZIP Delivery account number provided for payment of transportation charges was not in good credit standing.
- The shipment was undeliverable or returned.
- The shipment was delayed due to an incorrect address or ZIP code or the unavailability or refusal of an appropriate person to accept delivery or sign for the package.
- The shipment was delayed due to Customs or other regulatory delays.
The following limitations also apply to the Service Failure Money-Back Guarantee:
- Credits for transportation charges will be applied to the payer’s account only, and refunds will be made payable to the payer only.
- Only one refund or credit is permitted per package. In the case of multiple-piece shipments, the Money-Back Guarantee applies to each package in the shipment. A refund or credit will be given only for the portion of the transportation charges applicable to those packages in the shipment as to which there was a service failure.
- The Money-Back Guarantee for shipments destined for areas outside our primary service areas applies only to the portion of the transportation provided directly by us.
- Observance of local holidays (e.g., Mardi Gras, St. Patrick’s Day) may cause delivery delays. In both circumstances, the delivery commitment for application of the Money-Back Guarantee Policy will be extended for a period equal to the length of the holiday.
- The ZIP Delivery Money-Back Guarantee does not apply to any shipment containing dangerous goods or dry ice.
- The declared value of any package represents our maximum liability in connection with a shipment of that package, including, but not limited to, any loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment. It is the shipper’s responsibility to prove actual damages. Exposure to and risk of any loss in excess of the declared value is assumed by the shipper. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
- With respect to normal courier services, unless a higher value is declared and paid for, our liability for each package is limited to $100. For each package exceeding $100 in declared value, an additional amount will be charged.
- Shipments (packages or freight) containing all or part of the following items are limited to a maximum declared value of $5000:
- Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, collectors’ items, customized or personalized musical instruments.
- Film, photographic images, including photographic negatives, photographic chromes and photographic slides.
- Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain.
- Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware.
- Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, plasma screens/flat panel display screens, and any other commodity with similarly fragile qualities.
- Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds and jewelry made of precious metal.
- Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.
- Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery)
- Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), travelers’ checks, lottery tickets, money orders, prepaid calling cards (excluding those that require a code for activation), bond coupons and bearer bonds
- Collectors’ items such as sports cards, souvenirs and memorabilia. (Collectors’ coins and stamps may not be shipped. See “Prohibited Items” section.)
- The maximum declared value we offer for courier shipments is $500.00. The maximum declared value we offer for freight shipments is $50000.00.
- ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE ZIP Delivery SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE OF ANY SHIPMENT BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE ZIP Delivery SERVICE GUIDE AS TO SUCH SHIPMENT.
- REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NON-DELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED A SHIPMENT’S REPAIR COST, ITS DEPRECIATED VALUE, OR ITS REPLACEMENT COST, WHICHEVER IS LESS.
- The shipper is responsible for accurately completing the Delivery Ticket or other shipping documents, including completion of the declared value section. We cannot honor requests to change the declared value information on the delivery ticket.
- See the “Liabilities Not Assumed” section for other limitations and exclusions on our liability.
WE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, 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 for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, non-delivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
- The act, default or omission of any person or entity, other than ZIP Delivery, including those of any local, state or federal government agencies.
- The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
- Your violation of any of the terms and conditions.
- 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 commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).
- Our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient.
- Damage or loss of articles packaged and sealed by the sender or by person(s) acting at 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.
- 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.
- Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
- Our failure to honor “package orientation” graphics (e.g., “UP” arrows, “THIS END UP” markings), “FRAGILE” labels or other special directions concerning packages.
- Your failure to ship goods in packaging approved by us prior to shipment where such prior approval is recommended or required.
- The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs.
- The shipment of scale models (including, but not limited to, architectural models, doll houses, etc.).
- Your use of an incomplete, inaccurate or invalid ZIP Delivery account number or your failure to provide a valid ZIP Delivery account number in good credit standing in the billing instructions on shipping documentation.
- Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice.
- Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items whose outer finish might be damaged by adhesive labels, soiling or marking.
- The shipper’s failure to provide accurate delivery address information.
- Any shipment containing a prohibited item. (See “Prohibited Items.”)
- Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address. (See “Undeliverable Shipments.”)
- The shipper’s failure to delete all shipments entered into a ZIP Delivery self-invoicing system, Internet shipping device or any other automated shipping method used to ship a package, when the shipment is not tendered to ZIP Delivery. If you fail to do so and seek a refund, credit or invoice adjustment, you must comply with the notice provisions in “Invoice Adjustments/Overcharges” in the “Billing” section. ZIP Delivery is not liable for any refund, credit or adjustment unless you comply with those notice provisions.
- Damages indicated by any shockwatch, tiltmeter or temperature instruments.
- Shipments released without obtaining a signature if a signature release is on file.
- Loss or damage to any package for which we have no record of receipt.
The right to damages against us under any cause of action arising from the transportation of any package pursuant to the ZIP Delivery Service Guide shall be extinguished unless an action is brought within one year from the date of delivery of the shipment or from the date on which the shipment should have been delivered.
The right to damages against us under any cause of action arising from the transportation of any package pursuant to the ZIP Delivery Service Guide shall be extinguished unless you comply with all applicable notice periods in these Terms and Conditions including, but not limited to, the periods for providing notice under the “Billing,” “Claims” and “Money-Back Guarantee Policy” sections.
You agree that you will not sue us as a class plaintiff or class representative, join a class as a member, or participate as an adverse party in any way in a class action lawsuit against us. However, nothing in this paragraph limits your rights to bring a lawsuit as an individual plaintiff or commence arbitration proceeding against us.
To the extent any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which you tendered your shipment to us.
The performance of any services does not make us an agent of the shipper or any third party for any purpose.
Any dispute, claim or lawsuit arising out of, or relating to the ZIP Delivery Service Guide, or the services we provided to you, or offered to provide, or the consideration that you paid or agreed to pay to us for such services (“claim”) containing a request for monetary or injunctive relief that, if allowed or granted, would have a reasonable value in excess of $1,000, inclusive of the claims asserted by the claimant in conjunction with others or on behalf of others, shall be resolved by binding arbitration. The arbitrator shall be responsible for determining whether a claim meets the requirements for resolution by arbitration under this provision. We agree to pay all filing and other administrative fees necessary to initiate any such arbitration, subject to the right of the arbitrator to reallocate and assess such fees against other parties to the arbitration in accordance with the Arbitration Rules applicable to the proceedings. If the claim is made by a person who purchased our services or contracted to purchase our services for personal, family or household use and that person’s individual claim is for less than $1,000, then the arbitration shall be administered in accordance with the American Arbitration Association’s Arbitration Rules for Resolution of Consumer-Related Disputes. Otherwise, the arbitration shall be administered in accordance with the American Arbitration Association’s Commercial Arbitration Rules, including, when appropriate, its Procedures for Large, Complex Commercial Disputes. These Rules, as amended from time to time, are available on the Web at www.adr.org. YOU WILL NOT HAVE THE RIGHT TO A TRIAL BY JURY IF YOUR CLAIM IS COVERED BY THIS ARBITRATION AGREEMENT.
“Delivery” means any shipping document, manifest, label, stamp, electronic entry or similar item used to tender shipments to ZIP Delivery for transportation
“Business day” means Monday through Friday except for the following holidays:
New Year’s Day
Constitution Day (Puerto Rico only)
Good Friday (Puerto Rico only)
Three Kings Day (Puerto Rico only)
“Chargeable weight” means the greater of actual or dimensional weight.
“Customer,” “sender” or “shipper” means the person whose name is listed on the delivery ticket as the sender.
“ZIP Delivery,” “our,” “us” and “we” refer to Express Tex Inc, which conducts business as ZIP Delivery Services and its officers, employees and agents (but does not include cartage agents).
“Freight” means any single piece or skid with a chargeable weight greater than 300 pounds. Any fraction of a pound takes the next higher rate.
“Guide” or “Service Guide” means the ZIP Delivery Service Guide, as modified, amended or supplemented.
“In good credit standing” means: (1) that payment on the ZIP Delivery account is current; (2) the account is not in “cash only” status; and, (3) for commercial or business accounts, the balance does not exceed the credit limit established by ZIP Delivery.
“Overcharge” means a charge based on an incorrect rate; an incorrect special handling fee; billing a service other than the service selected for the package; billing based on incorrect package or shipment weight; billing to the wrong account number; or any other billing, unrelated to a service failure, that results in an incorrect charge.
“Package” means any single parcel or piece with a chargeable weight of 300 pounds or less. Any fraction of a pound takes the next higher rate.
“Proof of Delivery” means electronically captured delivery information, which may include date, time, location and signature information.
“Recipient” means the person whose name is listed on the delivery ticket as the recipient.
“Reroute” means to deliver a shipment to an address different from that specified on the delivery ticket, and includes a change: (1) from one street address to another in the same city and state; (2) from directions to Hold to a request for delivery to another location; (3) from the delivery instructions on the delivery ticket to a request to Hold at ZIP Delivery facility; (“Residential delivery” means a delivery to a home or private residence, including locations where a business is operated from the home.
“Residential pickup” means a pickup from a home or private residence, including locations where a business is operated from the home.
“Service failure” means delivery of your package 60 seconds or more after our published delivery commitment for the ZIP Delivery service for that package, except as otherwise described in these Terms and Conditions.
“Shipment” means one or more pieces, either packages or freight, moving on a single airbill.
“Transportation charges” mean amounts assessed for movement of a shipment and does not include any other fees or charges which may be assessed under the ZIP Delivery Service Guide, such as (but not limited to) Declared Value charges, Special Handling Fees, Customs Duties and Taxes, C.O.D. charges and surcharges.
“Valid” as it relates to account numbers means a ZIP Delivery account number that has been issued by ZIP Delivery and that is in good credit standing.
“You” or “your” means the shipper/sender, recipient and their agents, servants, employees and any other person or entity having or claiming an interest in a shipment.