A. The declared value of any shipment represents
our maximum liability in connection with a shipment, including,
but limited to any loss, damage, delay, misdelivery, nondelivery,
misinformation, any failure to provide information, or misdelivery
B. The transportation charges described in Paragraph
2 of Service Agreement together with the provisions in this Paragraph
B for Limitation of CMF Delivery liability as well as additional
charges for increased assumption of liability by CMF Delivery
reflect the agreement of the parties concerning the allocation
of risk with respect to shipment covered by your contract. Specifically,
the charges for services in this contract are based upon the express
agreement of the parties concerning the allocation of risk as
set forth in this Paragraph B.
C. CMF Delivery shall be liable for loss or
damage to a shipment (except checks in the process of collection)
which is directly attributable to the negligence or willful act
of any CMF Delivery employee in the amount of the intrinsic value
of the shipment, not to exceed $100.00 per shipment. Exposure
to and risk of any loss in excess of the declared value is either
assumed by the shipper or transferred by the shipper to an insurance
carrier through the purchase of an insurance policy. You should
contact an insurance agent or broker if insurance coverage is
desired. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. When
a higher value is declared (not to exceed $5,000.00) and higher
charge is paid in accordance with the terms of a CMF Delivery
bill of lading (waybill) must accompany the shipment. For purposes
of this Agreement, “loss” is defined as the inability
to locate undelivered shipment. Damage shall mean physical injury,
harm or destruction. Mere delay, whether inadvertent or negligent,
shall not be considered a loss and, as stated, CMF Delivery assumes
no liability for delay. It is agreed that CMF Delivery shall not
be liable for consequential damages of any kind, such as loss
of interest, loss of income or loss of business opportunity.
D. Packages (including freight shipment) containing
the following items of extraordinary value are limited to a maximum
declared value of $100.00:
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, collector’s items, photographic images, including
photographic chromes, photographic slides, and any other 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, any commodity which 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, glassware and collector’s
items such as coins, stamps, sports cards, souvenirs and memorabilia.
Glassware, including, but not limited to,
signs, mirrors, ceramics, porcelains, china, crystal, glass,
framed glass, and any other commodity with similarly fragile
Jewelry, including, but not limited to,
watches, and their parts, precious and semiprecious gems or
stones, whether cut or uncut industrial diamonds and costume
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, 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), traveler’s checks, lottery tickets,
money orders, prepaid calling cards, bond coupons and bearer
Ostrich and emu eggs.
E. The MAXIMUM declared value for any CMF letter,
CMF Packet (availability may be limited) or CMF Pak is $100.00.
Goods with a value (actual or declared) exceeding $100.00 should
NOT be shipped in a CMF Letter or CMF Packet or CMF Pak.
F. Notwithstanding anything else in the Service
Guide, CMF Delivery is not liable for any loss of, damage to,
or delay, misdelivery or nondelivery of prohibited shipments,
including, but not limited to cash or currency.
G. Notwithstanding anything else in the Service
Guide, CMF Delivery is not liable for any loss of, damage to or
delay to any package that is not adequately packaged, addressed
or labeled by the shipper.
H. When the shipper sends more than one package
on a waybill, the total declared value for all the packages moving
on the waybill must be written in the appropriate section of the
waybill. Our liability will be limited to the total declared value
(not to exceed the per-package limit of $100). The declared value
for each package will be determined by dividing the total declared
value by the number of packages on the waybill unless you provide
evidence verifiable to our satisfaction supporting a different
allocation. Claimant is responsible for providing the actual value
for any package in a shipment exceeding the value of the declared
entire shipment. If a shipment is sent pursuant to an airline
interline agreement, additional restrictions may apply.
ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE
MAXIMUMS ALLOWED IN THIS SERVICE GUIDE IS NULL AND VOID AND THE
ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A DECLARED VALUE
IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER
OF ANY PROVISION OF THE SERVICE GUIDE AS TO SUCH SHIPMENT. EVEN
IF A HIGHER VALUE IS DECLARED, OUR LIABILITY FOR LOSS, DAMAGE
OR DELAY WILL NOT EXCEED A SHIPMENT’S REPAIR COST, ITS DEPRECIATED
VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.
A. CMF must receive notice of claim due to damage
within 10 days after delivery of the shipment.
B. CMF must receive written notice of all other
claims, including but not limited to, nondelivery, misdelivery
within 90 days after we accept the shipment.
C. Your written notice of claim must include
complete shipper and recipient information, as well as the airbill
or package tracking number, date of shipment, number of pieces,
and shipment weight.
D. A claim must be reported to Customer Service
by telephone, but written notice must still be given within the
time limits stated above.
E. Written documentation of all claims must
be delivered to CMF within 90 days after we receive written notice
in accordance with paragraphs (A) or (B) above. Such documentation
must include original purchase invoices, estimates or invoices
for repair copies of waybills, 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.
F. All of the original shipping cartons, packing,
and contents must be made available for our inspection and retained
until the claim is concluded.
G. Except as provided in the paragraph below,
receipt of the shipment by the recipient without written notice
of damage on the delivery manifest is prima facie evidence that
the shipment was delivered in good condition. As a condition to
our considering any claim, the original shipping cartons, packing
and contents must be made available for our inspection.
H. In the case of a claim for concealed damage
which is not discovered at the time of delivery, the sender or
recipient must notify CMF in writing as promptly as possible after
the discovery of the damage, and in any event not later then 10
days after the date of delivery. In any event, the original shipping
cartons packing and contents must be made available for our inspection.
I. CMF does not consider shockwatch, tiltmeter,
or temperature meter gauge results in evaluating damage claims.
J. The right to damages against CMF under any
cause of action arising from the transportation of packages pursuant
to this Guide shall be extinguished unless an action is brought
within 12 months from the date of delivery of the shipment or
from the date on which the shipment should have been delivered.
However, you and CMF agree that in the event of disputes or controversies
as to adequacy of packing or cause of physical damage to a shipment,
such disputes or controversies shall be submitted to the arbitration
of three disinterested and competent persons, one to be appointed
by each party and the third to be appointed by the other two,
whose award shall be conclusive and binding on both parties. The
rules and procedures for any such arbitration may be set by agreement
of the parties, but in the event the parties are unable to agree,
the arbitrators shall have authority to establish reasonable rules
and procedures. Said arbitrators shall not have the authority
or power to modify or alter any express condition or provision
of the agreement (including those pertaining to limits of liability)
or to render an award that by its terms has the effect of altering
or modifying any express conditions or provision of the agreement.
No suit at law or in equity based on any dispute controversy subject
to arbitration under this agreement shall be instituted by either
party, except to enforce the award of the arbitration. Failure
by CMF to invoke this section in any case is not a waiver of the
terms of this section. Each party shall bear its own arbitration
K. You agree that you will not sue 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 CMF. However, nothing in this paragraph limits your rights
to bring a lawsuit as an individual plaintiff.
L. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS
MAY RESULT IN THE DENIAL OF A CLAIM.
M. Only one claim can be filed in connection
with a shipment. Payment of a claim shall extinguish any right
to recover in connection with a shipment.
N. Written claims must be sent to:CMF Claims
Department, CMF Delivery, Inc., P.O. Box 86603
San Diego, CA 92138-86603.
O. CMF will not honor any claim for any delivery
where the delivery was outside the contracted delivery schedule.
(See Service Agreement and subsequent Schedule ‘A’
and or Authorized CMF Workorder).