Zip It Express Terms And Conditions The following Terms and Conditions of service govern all shipments arranged through or fulfilled by Zip It Express corporation, its agents, associates or designees. By tendering a package to us, you, your agents, consignees, associates and designees, on behalf of themselves and any third party with an interest in the package, agree to these Terms and Conditions. Zip It Express corporation reserves the right to amend these Terms and Conditions at any time with or without notice. For any questions regarding these Terms and Conditions, contact our customer service department toll free at 1-866-900-0700 or visit us at www.zipitexpress.com.
As used herein, and unless the context requires otherwise, the terms "Zip It Express," "we," "our," and "us" refer to Zip It Express Corporation, and its agents, employees, contractors, affiliates and designees. Likewise, the terms "customer," "you," and "your" include the shipper/sender, recipient/consignee, their agents, employees, contractors, affiliates and designees, and anyone else having or claiming an interest in a shipment. The terms "shipper" or "sender" refer to the person or entity originating the shipment and who is identified on the shipping documents as the sender. The terms "recipient" or "consignee" refer to the person or entity designated to receive the shipment and who is identified on the shipping documents as the recipient. The terms "package" or "cargo" refer to each piece or parcel tendered for shipment. Unless otherwise stated, all other terms used herein are used in accordance with their ordinary English meaning.
You are responsible for packaging goods to be shipped so as to ensure safe carriage with ordinary care in handling. You are responsible for adequately preparing, marking, packing, labeling and properly describing the contents of such a shipment so as to ensure safe transportation with ordinary handling. All packages must be appropriately and durably labeled with the name, street address and zip code of both the shipper and the recipient. If special labeling is required to comply with Federal Aviation Administration regulations, you are responsible for properly completing the requested information and certifications. You are responsible for any additional handling; time and mileage charges incurred as a result of improperly packaged or labeled shipments.
We do not provide a protective service for the transportation of perishable goods or materials requiring protection from extremes of temperature and environments unless special service arrangements have been made through our customer service department. Items of extraordinary value are not acceptable for shipment unless their value is properly declared and full additional insurance coverage is obtained. Any piece of any shipment requiring Air transportations is subject to inspection, weighing and measurement. The maximum package size is 90 total inches (adding the length plus width plus height) with no one dimension more than 48 inches. The maximum weight per package is 70 pounds. Increments over one pound are rounded to the next pound. Adjustment of shipping charges are based on inspection, weighing or measurement, and to rejection based on non-compliance with these Terms and Conditions or applicable law.
Zip It Express does not accept for shipment any cargo unsafe for transportation. Explosive or incendiary materials are absolutely prohibited from shipment. We do not ship hazardous or dangerous goods of any kind, nor will we ship any goods prohibited by law. You are responsible for reviewing and complying with all laws relating to the shipment of hazardous and dangerous goods, including but not limited to the Hazardous Materials Transportation Act 49 U.S.C. § 5101 et. seq., and the rules and regulations promulgated there under. We will not transport any shipment that is prohibited by federal or applicable state or local law or regulations. We will not transport packages containing alcoholic beverages, tobacco, firearms, pharmaceuticals, bodily fluids, human or animal organs, perishables or other restricted or regulated substances unless permitted by applicable law and unless special service arrangements have been made through our customer service department. You represent and warrant that you are in compliance with all laws, ordinances and other governmental rules and regulations governing the shipment of goods via commercial air carrier, and agree to indemnify us against any damages, fines or penalties that we may incur by virtue of your violation of these terms. We reserve the right to refuse, delay or discontinue shipment at any time of any package that appears to or is determined to contain unauthorized materials, that is leaking or damaged, may soil, taint or otherwise damage other merchandise or equipment, is oversized or overweight, is improperly packaged or labeled, or otherwise fails to comply with these Terms and Conditions or applicable law. If any unauthorized or illegal substances are suspected or detected, we will immediately cease shipment, may inspect the package and notify appropriate law enforcement personnel. Attempted or undeclared shipments of prohibited goods may subject you to civil or criminal liability, including liability to Zip It Express for any charges, fines or penalties incurred by reason of your shipment. If we reject any package based on non-compliance with these Terms and Conditions or applicable law, we will attempt to notify you as soon as practicable; however, you are responsible to pay all shipping charges incurred by us, including the cost of holding or returning the package to you, or any other action required under the circumstances.
We or any of our agents or carriers may at any time, but are not obligated to, open and inspect or otherwise screen any package with or without notice in our sole discretion. Packages may be subject to opening and physical inspection, x-ray, decompression or other screening to determine the adequacy of packing, the accuracy of the description of the contents, the existence or extent of any damage or the acceptability of the shipment for transportation under these terms and conditions and applicable law.
You are required to have the package and all required documentation available for pick up by our “Associate Courier” Couriers at the designated pick up address. Only you or your authorized representative may tender packages for shipment to our “Associate Courier” Couriers. Packages must remain within your control or the control of your authorized representative at all times before pick up and may not be left for pick up in an unattended location where the package could be tampered with or added to by a third party. Under certain circumstances, you or your representative may be required to provide a signed shipper's security endorsement and present valid identification to our “Associate Courier” Couriers upon tender of the package for shipment. You must complete and have available for our courier a shipping bill, and any required security documents, in the form, manner and number of copies we have prescribed. The shipping bill or other documents must completely and accurately describe the goods shipped. We will only accept packaging and goods that are in apparent good order, unless you have explicitly permitted otherwise. We will attempt to notify you of any delays in pick up by “Associate Courier” Couriers. Because of applicable FAA Security regulations, shipment of packages by customers not having a Zip It Express account may not be available from all locations and may be subject to additional delays in shipping. Delivery of the shipment, unless otherwise specified, will be made only to the consignee's address on the face of the shipping bill, but not necessarily to the named recipient. We will attempt to obtain a written receipt from the recipient, recipient agent or other person found at the delivery address and who accepts the delivery, either on a copy of the shipping bill or on a manifest. Shipments may be delivered and released without obtaining a signature if you or the recipient has instructed us to do so. At our discretion, some shipments may not be released without a delivery signature even when authorized if, among other things, the declared value of the package exceeds a certain level, the shipment appear damaged, the package cannot be left in a protected location or other circumstances that are unsuitable for unattended delivery as determined in our sole discretion. If the recipient refuses or fails to take or accept delivery of a shipment, or if we are unable to locate or find the recipient or recipient's address, we will notify you and request instructions as to the disposition of the shipment. You agree to pay all charges, fees and expenses resulting from or in connection with the failure of the recipient to take delivery of the shipment including, but not limited to, transportation charges incurred in storing or returning the shipment. If you fail to provide instructions, or refuse to accept a return of the shipment, we may claim a lien on the shipment for all unpaid charges and fees, in accordance with "Lien on Shipments." If an incorrect address (including a post office box) for the consignee is provided on the shipping bill, we will notify you and request instructions as to the disposition of the shipment. We may, in our sole discretion, use alternate pickup or delivery arrangements, or may refuse to pick up or deliver a package, to ensure the safety of our “Associate Courier” Couriers or where we believe that our service may be used in violation of federal, state or local laws.
In any event, our maximum liability on any shipment is $100.00, unless a greater value is declared and additional level of service, which includes insurance coverage, is purchased. If you wish to make a claim due to damage, mis-delivery, non-delivery or delay, we must receive written notice of your claim within thirty (30) days after we accepted the shipment. Claims must be in writing and postmarked on or before the expiration of the thirty day claim period and sent to: Claims and Arbitration Zip It Express P.O.Box 452 Noth Hollywood, CA 91603. Your written claim must include complete shipper and recipient information, your account number (if applicable), reference number, shipping number, shipment date and a description of the claim. You must retain and make available for our inspection all of the original shipping packaging and contents until your claim is resolved. Within thirty (30) days of making a written claim, you must provide us with written support for any claimed amounts, which must be verifiable to our satisfaction, and may include repair bills or estimates, photographs, appraisals, purchase invoices or receipts. You are required to exhaust all available insurance coverage before proceeding against Zip It Express, and grant us subrogation rights against any available coverage or source of recovery. Except in the case of concealed damage, acceptance by the recipient of a shipment without providing notice to the “Associate Courier” Couriers of damage will be considered evidence that the package was in good condition when delivered. You agree that timely notice of a claim is a condition precedent to your right to recover for any claim relating to a shipment and that no actions may be commenced on a claim unless such action is commenced within one (1) year after the date that we provided written notice of the denial of the claim.
The arbitration must be held in Los Angeles, California. Issues of arbitrability must be determined in accordance with the federal substantive and procedural laws relating to arbitration; all other aspects must be interpreted in accordance with the laws of the State of California. A single arbitrator, who is licensed to practice law and is knowledgeable in the subject matter at issue, will be appointed by mutual agreement of the parties; however, in the event that we fail to agree on an arbitrator within 10 days from the date of a demand for arbitration, then the arbitrator will be appointed by the AAA. The arbitrator's decision and award will be final and binding and may be entered in any court having jurisdiction thereof. The arbitrator will not have the power to award punitive or exemplary damages, and any award by the arbitrator must be strictly in conformance to and in accordance with these Terms and Conditions. Either of us may make an application to the arbitrator seeking interim injunctive relief to be in effect until such time as the arbitration award is rendered or the dispute is otherwise resolved. Each of us will bear our own attorney's fees associated with the arbitration and other costs and expenses of the arbitration will be borne equally by the parties. If court proceedings to stay litigation or compel arbitration are necessary, the party who unsuccessfully opposes such proceedings must pay all associated costs, expenses and attorney's fees that are reasonably incurred by the other party.
In consideration of the transportation charges that may be dependent upon the declared value of a package, our liability, if any, will be limited to $100.00 per package, or its actual value, whichever is less, unless a higher value is declared, additional service (including additional insurance coverage) is requested and an additional charge is paid. If a value greater than $100.00 has been declared, our liability will in no event exceed such declared value or the actual value of the shipment at the time and place it is accepted for transportation, if the actual value is less than the declared value. The maximum declared value is currently $10,000. For purposes of these Terms and Conditions, "actual value" means:
1.The actual value of a document (defined as any item with no determinable commercial value transported hereunder) will be determined on the bases of its cost of preparation or replacement, reconstruction, or reconstitution value at the time and place of shipment, whichever is less; or
2.The actual value of a parcel (defined as any item of no commercial value transported hereunder) will be determined on the bases of its cost of repair or replacement, resale, or fair market value at the time and placement of shipment, whichever is less. Our liability is limited as follows: We will not be liable for any damage to or destruction of a shipment caused by or as a result of property contained therein. The shipper, owner or consignee whose property causes damage to or destruction of another shipment or to our property, must indemnify us for all losses or expenses incurred by us as a result thereof. We may abandon or destroy property that is likely to endanger aircraft, persons or property at any time without notice and without liability to us. We will not be liable for damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, light bulbs and X-ray tubes or other inherently fragile items. We will not be liable for loss, damage or delay in transit or in handling shipments of food, plants, flowers or other perishable items. We will not be liable for handling shipments of tortoise, frogs, non-venomous insects, live fish and crustaceans or for any damage, delay in transit, or loss thereof. We will not be liable in any event for any special, incidental, or consequential damages, including but not limited to loss of profits or loss of income, whether or not we had knowledge that such damages might be incurred. We will not be liable for any damages caused by failure to follow directional markings on outer packaging. We will not be liable for any damage caused by violation by you or your consignee of any of these Terms and Conditions, including, but not confined to, improper or insufficient packing, securing, marking, or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions as provided herein. We will not be liable for any damage directly or indirectly arising out of our compliance with or your non-compliance with applicable laws, government regulations, orders or requirements. We will not be liable for any damage caused by any act or default of you or your consignee. We will not be liable for any damage caused by compliance with delivery instructions from you or your consignee. We will not be liable for any damages caused by failure to follow directional markings on outer packaging. We will not be liable for any damage caused by Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority in the premises, authority of law, quarantine, riots, strikes, labor disturbances, air traffic control delays, disruptions in air or ground transportation networks due to events such as weather phenomena and natural disasters, civil commotions, or hazards or dangers incident to a state of war. We will not be liable for loss, damage, destruction, delay, theft, mis-delivery, non-delivery, or any other result not caused by the actual negligence of us, our agents or employees, provided that, upon proof by you that the shipment was received by us in an undamaged and proper shipping condition, and was lost, damaged, destroyed, stolen, delayed, mis-delivered or not delivered, while in our possession, we will have the burden of proving that such loss, damage, destruction, theft, delay, mis-delivery, or non-delivery, was not the result of our negligence.
Responsibility for your failure to observe these terms and conditions and applicable law with respect to permitted shipments rests solely with you. In the event that the contents, condition or packaging or your shipment is a cause of injury to property or person, you may be held directly responsible to the injured party and to us for all costs, fees and expenses incurred in connection with such damages. You will indemnify and hold us harmless for any loss, damage, delay, liability, fines or penalties we may incur because of your shipment or attempted shipment of any prohibited items, including without limitation any hazardous or dangerous materials, and we will not be liable for any loss, damage, destruction or delay due to any prohibited or mis-labeled shipment. We may abandon or destroy at any time shipments that are likely to endanger persons, aircraft or property, without notice and without liability to us.
In the event Zip It Express is liable for any claim relating to shipment or handling of your package, Zip It Express shall be subrogated to the rights of Shipper, Recipient or any other party with an interest in the package to proceed against any other person or party who is, or may be, liable. You hereby expressly assign such rights to Zip It Express, which rights shall include, but not be limited to the right to make claim against any insurance policy that may have provided coverage for the liability.
Payment arrangements must be made in advance of shipment. If you have a credit account with us, we will periodically invoice you for charges and fees you have incurred with us. Your payment to us of any outstanding amounts is due within 15 days of the date of the invoice. We may impose and you agree to pay a Late Charge of 2% Interest of the unpaid balance by the invoice due date, unless arrangements have been made in advance. Zip It Express encourages all of its customers to apply for and obtain, at no charge, a Zip It Express Account, which will expedite the ordering and handling of your shipments. You will always be primarily responsible for shipping costs despite any alternate payment instructions, as well as any costs incurred in either returning the shipment or warehousing it pending disposition. The recipient will be secondarily liable for charges not paid by you. We will have a lien on your shipment, so long as the shipment remains in our possession, for all amounts due to us in connection with the shipment. . Our lien may be enforced by public or private sale of your shipment, as a whole or in parcels, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to us as claiming any interest in the shipment. Before any sale, a person claiming a right in the shipment may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in its enforcement. We may buy at any public sale. We may satisfy our lien from the proceeds from any sale and will hold the balance, if any, for delivery on demand to the person entitled thereto. A sale of any shipment according to this paragraph does not discharge you or your consignee from any liability to pay any deficiencies. If you use a credit card to pay for your shipment, we will charge the expected amount of your shipment to your card upon confirmation of your order, and reserve the right to charge or credit to your credit card additional amounts based upon any changes to your shipment, cancellation, incorrect size or weight information, waiting time or any other event described in these Terms and Conditions.
You will be responsible for billing and collecting from your customers, all charges incurred from shipments delivered by Zip It Express or its agents. Zip It Express software has the capability to track all the charges incurring by you or your customers. Zip It Express will be responsible for billing and collecting from you, all charges incurred with the respect to which Zip It Express received a dispatch notification from you or your customers. Zip It Express encourages all of its customers to apply for and obtain, at no charge, a Zip It Express Account, which will expedite the ordering and handling of your Zip It Express shipments. There will be a $35 special handling fee for any check or electronic funds transfer that is dishonored due to insufficient funds on deposit or incorrect or insufficient signature of the drawer.
All packages we ship are automatically insured for up to $100. Additional insurance coverage up to a maximum declared value of $10,000 ($5,000 for jewelry, antiques, artwork and other items of exceptional value) is available by purchasing additional levels of service from Zip It Express. Consult a Zip It Express customer service representative for more information. It is your responsibility to obtain additional insurance coverage, if desired.
Zip It Express does not accept the following articles for transportation: 1.Any shipment prohibited by law. 2.Shipments likely to damage Zip It Express's equipment, any other carrier’s equipments or other Shipments. 3.Goods regulated by 49 Code of Federal Regulations (C.F.R.), pertaining to the carriage of hazardous materials. 4.Goods subject to the limitations of IATA Section 2.0, pertaining to dangerous goods forbidden in aircraft. 5.Any other dangerous or hazardous goods. 6.Money, cash, currency, or negotiable instruments equivalent to cash. 7.Shipments which, in Zip It Express's sole judgment, are not suitable for carriage. 8.Live birds, mammals, snakes, lizards, bees or other animals. Edible seafood for human consumption is not prohibited, but may be subject to additional packaging requirements. 9.Human or animal remains or parts thereof, whole or cremated. 10.Any package, parcel, good, material or substance that may endanger human life or the environment or otherwise may cause damage to any person's real or personal property. 11.Blood, urine, fluids and other non-infectious or infectious liquid diagnostic specimens, used hypodermic needles, sharps or medical waste. 12.Firearms, fireworks, alcoholic beverages or tobacco products. 13.Shipments that require us to obtain a federal, state or local license for their transportation. 14.Lottery tickets, gambling devices where prohibited by applicable law. 15.Dry ice shipments, except where prepared in accordance with IATA regulations with the dry ice information entered on the airbill, and where properly packaged and labeled. Consult a customer service representative for more information.
We collect and store information about every package we ship. We use information about our customers, their packages, and their shipping activity to provide or enhance the services we make available, to enhance our ability to communicate with our customers about additional services they may find of value, to satisfy our legitimate business interests (including performing trend analysis and market studies), to set prices, establish credit, satisfy the requirements of our security program, fulfill contracts, accomplish the billing function, and to comply with government regulations. We are the sole owner of information we collect. As we collect and use information about our customers, we may contract with vendors, business partners and other third-party sources to assist us in processing that information. We also share relevant customer information with our “Associate courier” couriers, e-commerce partners and the airlines that ship customer packages for us. This sharing of information is a necessary part of our shipping process. These third parties are required to maintain the confidentiality of the information we provide and are restricted from using the information for any purpose other than helping to provide our services to our customers. Some of the information we collect is personal data or data which relates to an identifiable person. Examples of personal data are names, street addresses, e-mail addresses, credit card numbers and telephone numbers. We never sell information to third parties that could be used to specifically identify an individual customer. We may, however, share personal data with certain of our business partners in situations where you are using the Zip It Express service with or through that partner, or have accessed our service through that partner. We also may share aggregated demographic data with our strategic partners and advertisers. This type of data is not linked to any personal information that can identify any individual person. Finally, we may provide aggregated or personal data to government agencies as required by law. In addition to the uses of the information described in the paragraphs above, we collect telephone numbers, e-mail addresses and other contact information in the event that we have to contact shippers, recipients or carriers to resolve a question or provide shipment status information. Although we make reasonable efforts to limit access to our facilities and vehicles to authorized personnel, we are not responsible for maintaining the confidentiality of any information that is printed and placed in plain view on a package or letter.
We retain information about customers as necessary for business purposes and as required by government regulation. For example, we retain information about packages, including names and addresses, so that we can provide proof of delivery information and to process claim requests. Government agencies such as the FAA and Department of Transportation may require us, as well as our “Associate courier”or other carrier partners, to maintain and share with each other, records of certain of your personal information. This retention is also necessary to satisfy "known shipper" requirements. We carefully dispose of records and delete information when our internal retention periods expire.
We make every effort to protect our data against loss and unauthorized access. We employ industry-accepted information security techniques to appropriately protect confidential information from unauthorized access. Access to customer information is limited to our employees who have a legitimate business need for that information. Our Web site and its supporting systems employ generally accepted information security techniques such as firewalls, access control procedures and cryptography to appropriately protect confidential information from unauthorized access.