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LIMITATION OF LIABILITY:
LUGGAGE FREE'S® LIABILITY IN CONNECTION WITH YOUR SHIPMENT IS LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR $1000, UNLESS YOU DECLARE A HIGHER VALUE PRIOR TO YOUR SHIPMENT, PAY AN ADDITIONAL CHARGE, AND DOCUMENT YOUR ACTUAL LOSS IN A TIMELY MANNER. YOU MAY PAY AN ADDITIONAL CHARGE FOR EACH ADDITIONAL $1000 OF DECLARED VALUE. THE DECLARED VALUE DOES NOT CONSTITUTE, NOR DO WE PROVIDE, CARGO LIABILITY INSURANCE.
IN THE ABSENCE OF THE CUSTOMER DECLARING A VALUE ABOVE AND BEYOND $1000 IN ADVANCE OF THE SHIPMENT AND MAKING THE CORRESPONDING PAYMENT, LUGGAGE FREE® RETAINS NO LIABILITY FOR ANY LOSS IN EXCESS OF ITS MAXIMUM LIABILITY OF $1000. IN ALL EVENTS, LUGGAGE FREE'S MAXIMUM LIABILITY IN CONNECTION WITH THIS SHIPMENT IS LIMITED TO THE LESSER OF ACTUAL DAMAGE OR $1000, UNLESS YOU DECLARE A HIGHER SHIPMENT VALUE IN ADVANCE OF YOUR SHIPMENT, PAY AN ADDITIONAL CHARGE, AND DOCUMENT YOUR ACTUAL LOSS IN A TIMELY MANNER.
IN NO EVENT SHALL LUGGAGE FREE® BE LIABLE TO USER FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS USER AGREEMENT, REGARDLESS OF THE ACTIVE OR PASSIVE NEGLIGENCE OR SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OF LUGGAGE FREE®.
USER EXPRESSLY ACKNOWLEDGES THAT LUGGAGE FREE® IS NOT LIABLE FOR (A) ANY CARRIER'S FAILURE TO MAKE TIMELY DELIVERY ON A SPECIFIED DELIVERY DATE, (B) ANY DELAYS IN PARCELS OR DELIVERIES BY LUGGAGE FREE® OR ITS CARRIERS, OR (C) LUGGAGE FREE's® DELETION OR FAILURE TO STORE SHIPPING REQUESTS OR SHIPPING RECORDS. LUGGAGE FREE® WILL NOT BE LIABLE FOR LOSS, DAMAGE OR DELAY CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR OR CIVIL UNREST, OR ACTS OF GOVERNMENT.
Additional value may be placed on the shipment at the sole discretion of the customer, at a rate of $19.95 per $1,000 in additional value. Additional value must be declared prior to the shipment retrieval date. EVEN WITH ADDITIONAL VALUE DECLARED, LUGGAGE FREE® IS ONLY LIABLE FOR LOSS OF OR PHYSICAL DAMAGE TO PACKAGE(S) AT ACTUAL CASH VALUE AND NOT REPLACEMENT COST. FURTHER, LUGGAGE FREE'S® LIABILITY IS NOT APPLICABLE TO ADDITIONAL COSTS INCURRED BY THE CUSTOMER IF A SHIPMENT IS LATE, OR ANY OTHER COSTS OUTSIDE OF THE ACTUAL CASH VALUE OF A LOST OR DAMAGED PACKAGE(S). IN NO EVENT SHALL LUGGAGE FREE® BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OPPORTUNITY COSTS.
CLAIMS
Claims may be filed after a bag is officially declared lost, which is defined as not having been delivered within ten (10) business days of the delivery date. Customer must document any loss in a timely manner and must make all claims in writing within 10 business days after such loss.
All claims must be made in writing and within the time limits set forth above.
Failure to provide us with notice in the manner and within the time limits set forth above 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 thirty (30) business days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, invoices for repair, expense statements, appraisals, pictures, 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 from these charges or from any outstanding balance owed to us.
Luggage Free and its delivery partners reserve the right to inspect a damaged item on the recipient’s premises as well as the right to retrieve the damaged package for inspection. The terms and conditions applicable to the original delivery (including any declared value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the package. When an item is picked up for inspection, a receipt for the damaged item will be provided if requested by the recipient. All of the original delivery cartons, labels, packing and contents must be made available for our inspection and retained until the claim is concluded.
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Except in the case of concealed damage, receipt of the delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the item was delivered in good condition.
Only one claim can be filed in connection with a delivery. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that delivery.
Luggage Free® cannot provide for and in no manner will be liable for the loss of or physical damage to certain packages, including but not limited to, jewelry, electronic equipment, personal keepsakes, antiques, art, fragile items (including glass), unique or one-of-a-kind items or items of unusual value (including, but not limited to, precious metals, or currency). Such items are shipped expressly at your own exclusive risk.
Finally, liability is for the entire shipment, not per bag, unless otherwise stated by the customer. For example, if a customer declares an additional value of $3,000, bringing the total value for the shipment to $4,000, this amount applies to the entire luggage shipment in aggregate. This is the case unless the customer specifically indicates otherwise. For example, a customer may state bag A has a specific value of $3,000, the bag B is valued at $1000, and so on. In this case, the direction of the customer will apply provided such direction is given prior to the shipment at the time additional value is placed. In the absence of such a declaration, total valuation is divided equally among each piece in the shipment for claim purposes.
WEB SITE
The information, products and services contained or referred to on this web site may change or be updated without notice.
There are links on this site which allow you to visit the sites of other companies. Neither these sites nor the companies to whom they belong are controlled by Luggage Free®. Luggage Free® makes no representations concerning the information provided in these sites nor the quality or acceptability of the products or services offered by the companies referenced in these sites. Luggage Free® has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Luggage Free® does not accept ideas, concepts, or techniques for new services or products through its web site. If such information is received, it will not be considered confidential and Luggage Free® will be deemed free to use, communicate and exploit such information in any manner it chooses.
Your use of this site and Luggage Free's® services constitutes your agreement to the terms of use stated above. This agreement and any claims or disputes hereunder or arising out of services provided by Luggage Free® shall be interpreted under the laws of the State of New York without regard to principles of Choice of Law.
SURCHARGES AND HANDLING FEES:
Luggage Free reserves the right to assess fuel and other surcharges on shipments without notice. The amount and duration of any such surcharges will be determined at our sole discretion. By tendering your shipment to Luggage Free, the shipper agrees to pay the surcharges, as determined by Luggage Free.
PROPRIETARY RIGHTS IN WEB SITE, API/ASP AND CONTENT:
User acknowledges that Luggage Free® web site(s) (as well as any co-branded sites or other web sites affiliated with Luggage Free® including but not limited to text, software, music, sound photographs, video, graphics or other material contained in either sponsor advertisements or commercially produced information presented to User by Luggage Free® or Luggage Free's Advertisers (collectively "Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use the web site, and Content as expressly authorized by Luggage Free®, or the Advertiser. User may not copy, reproduce, distribute or create derivative works from the web site, or Content without expressly being authorized to do so by Luggage Free®.
©2009 Luggage Free, Inc.® The contents of this site is protected by United States and International copyright, trademark and other laws. All rights reserved. This site and each of it's modules is the copyrighted property of Luggage Free, Inc.® |