Legal Terms and Conditions of Homeshipping.com
(a UEI company) Shipping:
SET HERE BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU
ARE PERMITTED TO USE HOMESHIPPING.COM (A UEI COMPANY) WEB
SHIPPING: PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE
YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY,
IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. ONCE ACKNOWLEDGED,
THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN HOMESHIPPING.COM
(A UEI COMPANY) AND YOU AND SUCH ENTITY (collectively referred
to as "Customer" hereinafter) GOVERNING ALL USE
OF WEB SHIPPING. WHEN USED IN THIS AGREEMENT ("AGREEMENT"),
THE NAME "HOMESHIPPING.COM (A UEI COMPANY)" SHALL
MEAN AND INCLUDE HOMESHIPPING.COM (A UNIVERSAL EXPRESS INTERNATIONAL)
CORPORATE SERVICES, INC. ITS PARENT AND ANY AND ALL OF ITS
AFFILIATE AND SUBSIDIARY COMPANIES, INCLUDING HOMESHIPPING.COM
(A UEI COMPANY) EXPRESS AND HOMESHIPPING.COM (A UEI COMPANY)
GROUND. PLEASE PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN
IT WITH YOUR FILES FOR FUTURE REFERENCE.
Section
1. Grant. Subject to the terms and conditions of this Agreement,
Homeshipping.com (a UEI company) grants Customer a non-exclusive,
royalty-free, non-assignable right to use WEB SHIPPING, solely
to label, rate, route, record, track, prepare and
invoice shipments tendered to Homeshipping.com (a UEI company)
by Customer for carriage and for no other purpose. You are
responsible for maintaining the confidentiality of your
account number and its use within your organization.
Section
2. Intellectual Property Rights. Homeshipping.com (a UEI company)
holds and retains all worldwide rights, title and interests,
including without limitation, copyright, in and to WEB SHIPPING.
Customer may not copy, modify, translate, transmit, distribute,
adapt, reproduce, decompile, reverse engineer or disassemble
WEB SHIPPING.
Section
3. Use. Customer agree to follow Homeshipping.com (a UEI company)'s
instructions regarding the use of WEB SHIPPING. Homeshipping.com
(a UEI company) may modify WEB SHIPPING at any time for any
reason. Use of WEB SHIPPING to prepare shipments by or for
the benefit of third party shippers is expressly prohibited.
Customer is responsible for all
charges incurred, where all charges will be automatically
billed to customers credit card number rendered at the
time of registration or any replacement credit card customer
may choose. Charges may also be billed to customers
account is applicable.
Section
4. Termination. Use of WEB SHIPPING may be terminated at any
time for any reason.
Section
5. Disclaimer of Warranty. Customer expressly acknowledges
and agrees that WEB SHIPPING is made available for Customer's
use free of charge and that Customers use of WEB SHIPPING
is at its sole risk. HOMESHIPPING.COM (A UEI COMPANY) EXPRESSLY
DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING WEB SHIPPING
AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A
PARTICULAR PURPOSE. HOMESHIPPING.COM (A UEI COMPANY) DOES
NOT WARRANT THAT WEB SHIPPING WILL MEET ALL OF CUSTOMER'S
REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED
OR ERROR
FREE, OR THAT ANY DEFECT WITHIN WEB SHIPPING WILL BE CORRECTED.
FURTHERMORE, HOMESHIPPING.COM (A UEI COMPANY) DOES NOT WARRANT
NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S
USE OF WEB SHIPPING IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION,
REPRESENTATION OR ADVICE GIVEN BY HOMESHIPPING.COM (A UEI
COMPANY) OR AN AUTHORIZED REPRESENTATIVE OF HOMESHIPPING.COM
(A UEI COMPANY) SHALL CREATE A WARRANTY.
Section
6. Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT HOMESHIPPING.COM
(A UEI COMPANY) IS PROVIDING THE USE OF WEB SHIPPING FREE
OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, SHALL HOMESHIPPING.COM (A UEI COMPANY) BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER
ANY OTHER THEORY OF LAW RESULTING FROM THE USE OF WEB SHIPPING
OR THE INTERNET, OR THE USE, OR INABILITY TO USE, WEB SHIPPING
OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO
CUSTOMER'S INTERNAL COMPUTER SYSTEMS EVEN IF HOMESHIPPING.COM
(A UEI COMPANY), OR AN AUTHORIZED REPRESENTATIVE OF HOMESHIPPING.COM
(A UEI COMPANY), HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section
7. Terms and Conditions of Carriage. (a) Customer agrees that
domestic and international carriage by Homeshipping.com (a
UEI company) of any shipments tendered to
Homeshipping.com (a UEI company) using WEB SHIPPING shall
be in accordance with the terms, conditions and limitations
of liability set out on the NONNEGOTIABLE Air Waybill that
will be filled out by the customer at the time of pick from
the vendor who is ultimately chosen to perform the service,
Label, Manifest, or Pick-Up Record (collectively "Shipping
Documentation")
and as appropriate any transportation agreement between Customer
and Homeshipping.com (a UEI company) covering such shipment
and in any applicable tariff, service Guide or Standard Conditions
of Carriage, copies of which are available upon request, and
which are incorporated into this Agreement by reference. If
there is a conflict
between the Shipping Documentation and any such document then
in effect or this Agreement, the transportation agreement,
tariff, Service Guide, Standard Conditions of Carriage, or
this Agreement will control, in that order of priority. If
a shipment originates outside the United States, the contract
of carriage is with the Homeshipping.com (a UEI company) subsidiary,
branch, or independent contractor who originally accepts the
shipment.
(b)
In the event Customer uses WEB SHIPPING to process shipments
tendered to
Homeshipping.com (a UEI company) for delivery to locations
outside the United States or country of shipment origin, Customer
will, at Customer's sole expense, assure that the
terms and conditions of international carriage supplied by
Homeshipping.com (a UEI company) from time to time (and which
may be amended or modified from time to time at Homeshipping.com
(a UEI company)'s sole discretion) are placed on the Shipping
Documentation as may be instructed by Homeshipping.com (a
UEI company), for all such international shipments. Customer
will defend, indemnify and hold harmless Homeshipping.com
(a UEI company), its officers, directors, employees and agents
from and against any and all losses, damages, claims and other
items of cost and expense arising out of Customer's failure
to apply the international carriage terms to the Shipping
Documentation for such international shipments, including
without limitation claims from the recipient of any shipment,
and
Customer's failure to follow Homeshipping.com (a UEI company)'s
instructions in regard to the placement of the terms on the
Shipping Documentation for such international shipments.
(c)
Printed Signature. Customer acknowledges that if WEB SHIPPING
is used to process shipments to locations outside the United
States or country of shipment origin, Customer must enter
the name of the person completing the Shipping Documentation
to print in lieu of its manual signature on the Shipping Documentation,
as applicable, for all shipments tendered by Customer to Homeshipping.com
(a UEI company) using WEB SHIPPING. Customer further acknowledges
that such printed name shall be sufficient to constitute the
Customer's signature, and Customer's acceptance of Homeshipping.com
(a UEI company)'s terms and conditions of carriage contained
in the applicable transportation agreement, tariff, Service
Guide, Standard
Conditions, or Shipping Documentation, under which the shipment
is accepted by Homeshipping.com (a UEI company), or its independent
contractor.
(d)
Unless otherwise indicated, the shipper's address indicated
on the face of any Shipping Documentation is the place of
execution and the place of departure and the recipient's address
listed on the face of the Shipping Documentation is the place
of destination. Unless otherwise indicated on the face of
the Shipping Documentation the first carrier of all shipments
is
that vendor in which the customer has chosen to perform the
shipping. Hence, in case of a claim, Homeshipping.com (a UEI
company) will guide customer in carrying the claim and processing
it. It is customers sole duty to follow up with the
claim with the vendor who performed the service for that claim.
Homeshipping.com (a UEI company) will only help the customer
out of courtesy and is not responsible for the delays, losses
damages of the shipments what-so-ever.
Section
9. Address Book. Subject to the terms listed below, addresses
will remain in Your Address Book as long as You use WEB SHIPPING.
If You do not use WEB SHIPPING for a period of 3 months, Homeshipping.com
(a UEI company) has the right to delete Your addresses.
However, Homeshipping.com (a UEI company) will not delete
Your WEB SHIPPING account. If You have any concerns, please
email Homeshipping.com (a UEI company) at info@homeshipping.com.
The Address Book is a feature provided free of charge by Homeshipping.com
(a UEI company). You should maintain a back-up copy of Your
addresses as Homeshipping.com (a UEI company) will not be
responsible for the loss of addresses contained in the Address
Book. Homeshipping.com (a UEI company) may modify or terminate
this feature at any time for any reason.
Section
10. Courtesy Rate Quote. The courtesy rate reflected here,
if shown, may be different than the actual charges for Your
shipment. Differences may occur based on actual weight, dimensions,
and other factors. Consult the Homeshipping.com (a UEI company)
professional staff at 310-330-5100 for more details.
Section
11. Users login. With the users login at Homeshipping.com
(a UEI company) will store Your Homeshipping.com (a UEI company)
WEB SHIPPING User ID and Homeshipping.com (a UEI company)
account number in Your browser so that the next time You use
WEB SHIPPING You won't have to remember them. If You select
this option, You should know that unauthorized use of WEB
SHIPPING could occur as WEB SHIPPING may be available to anyone
with access to Your computer. You are responsible for all
charges incurred under Your WEB SHIPPING User ID and Homeshipping.com
(a UEI company) account number. By selecting this option You
agree to the Registration and Security Terms and Conditions.
Section
12. This Agreement shall be governed by and construed in accordance
with the laws of the United States and the State of California,
without reference to its conflicts of law provisions. If for
any reason a court of competent jurisdiction finds any provision
of this Agreement, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties and the remainder
of this Agreement shall remain in full force and effect. Any
cause of action with respect to WEB SHIPPING must
be instituted within one year after the claim or cause of
action has arisen or be barred in a court of competent jurisdiction
in California and in any other State other than California.
Section
13. Complete Agreement. This Agreement constitutes the entire
agreement between Customer and Homeshipping.com (a UEI company)
with respect to WEB SHIPPING, and
supersedes any prior or contemporaneous understandings, representations,
statements or agreements, written or oral, regarding WEB
SHIPPING.
No amendment to or modification of this Agreement will be
binding on Homeshipping.com (a UEI company) without Homeshipping.com
(a UEI company)'s written consent. The provisions of Sections
2, 5, 6, 7, 12, and 13 will survive the termination of this
Agreement. Homeshipping.com
(a UEI company) may modify this Agreement at any time for
any reason.
Section 14. All shipments will be weighed and measured again.
In case of a discrepancy in weight or measure, shipper authorizes
Homeshipping.com (a UEI company) to charge his/her credit
card or other payment methods against the extra weight or
measure incurred.
Section 15. If for any reason the shipment is not pick up
at the final destination, including, but not limited to refusal
of delivery, customs hold, or any other reason, shipper authorizes
Homeshipping.com (a UEI company) to charge his/her credit
card or other payment methods against all destination charges,
including storage, customs clearance, cost of the return
or disposal of shipment, and other associated cost.
Section
16. Homeshipping.com (a UEI company) is an intermediate
between the shipper and the carrier. In case of a claim,
Homeshipping.com (a UEI company) will guide the shipper how
to complete a claim’s form, however, Homeshipping.com
(a UEI company) will not be involved in the process of the
claim. All claims will be conducted between the shipper and
the carrier directly. All claims will be governed under the
terms and conditions of this agreement and the terms and
conditions that govern that particular carrier.
Section 17. The maximum liability for a shipment by Homeshipping.com
(a UEI company) is $100.00, unless shipper buys additional
insurance to cover the value of the shipment. Shipper may
purchase up to 110% of the value of the shipment.
Section 18. Ground shipments must be scheduled 1 day in advance to secure a pick up. The maximum size of a box cannot exceed 130 inches in length and girth. Girth = Length +2(width+height). To maintain your online rate, you may drop off your oversize ground shipment at any drop off location near you. Drop off locations can be obtained from any customer service representative. |