Pacific Courier Services, LLC
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Terms and Conditions/Limitation of Liability

PCS is liable for a shipment only on submission of a Bill of Lading ("BOL") on PCS's form that is properly executed and completed by Shipper. Without this BOL, there can be no verification of the contents of a shipment, its specific data, such as destination, weight, and dimensions, from where it originated, or that it was picked up. At its option, PCS may inspect the shipment. At its option, PCS may reject a shipment. Unless otherwise designated by PCS, the "Customer" is the party who orders a shipment and is responsible for payment. A Customer may be the Shipper, a third party, the Recipient, or another Interested Party.

  1. If PCS is unable to locate, retrieve, pick up, and/or deliver any shipment, PCS is not liable to Shipper, Recipient, or any third party ("Interested Parties") for a sum in excess of $100.00 per shipment.

  2. If reconstruction of the shipment by Shipper or Recipient is possible, there is no liability to any Interested Party.

  3. PCS IS NOT LIABLE TO any Interested Party for:

    1. Direct, special, consequential, or incidental damages in excess of the specified declared values regardless of the actual knowledge of PCS. These excluded referenced damages include but are not limited to direct and indirect losses, expenses, and liabilities resulting from negligence, late deliveries, losses of profits, additional expenses related to missing, damaged or incomplete shipments, and losses of property.

    2. Damages in excess of $100.00, regardless of the declared value of a shipment, as that is the highest indemnification and/or declared value that is allowed under this Agreement.

    3. Loss of valuables (currency, money, negotiable instruments, securities, notes, guns, stones, jewelry, equipment, personal effects, accounts, bills, debt instruments).

    4. Losses caused by events that are not controllable by PCS, which include but are not limited to an act of God, war, insurrection, terrorism, strikes, weather conditions, traffic congestion, or acts of public authorities.

    5. Missing property when a shipment is received and delivered in the same condition (e.g., when the seals are intact or unopened).

    6. Acts, losses, and/or damages that occur prior to or after possession by PCS, which include but are not limited to placement of different contents in the package than the BOL specifies, wrong addresses or instructions, or improper and/or insufficient packing or labeling.

    7. Damage to accepted deliveries.

    8. Acts or omissions of Shipper or those of Recipient or any other Interested Party, which acts or omissions specifically, but not exclusively, include improper or insufficient packing, labeling, securing, marking, or addressing.

    9. Missing shipments that are tendered for overnight or after-hours delivery or that do not require a signature.

  4. The Interested Party must make all claims in writing and notify PCS within twenty-four (24) hours of the relevant occurrence. The Interested Party must at that time give PCS all information available regarding the claim (including making the shipping cartons and packing materials available for inspection) and supplement that information as it becomes available. At its sole discretion, PCS may determine the validity of any claim and such determination is binding on all Interested Parties.

  5. The Customer agrees to pay all shipping charges and accessorial fees, including but not limited to DIM (dimensional) weight charges, COD charges, fuel surcharges, repackaging fees, spill cleanup fees, and address correction fees. All charges and fees are subject to change without notice. The Customer guarantees the above payments, even when another Interested Party agrees to make the payment. All COD charges and the cost of the shipment are the responsibility of the Shipper. PCS will not bill any third party or Recipient for COD shipments. All payments are due to PCS within 15 days of the date of the invoice.

  6. The Customer, Shipper, the Recipient, and any other Interested Party must indemnify and hold harmless PCS for any liability in excess of that accepted by PCS hereunder.

  7. By clicking the accept button, I agree that shipments made with and services provided by PCS are subject to and controlled by the above terms and conditions.

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