PITNEY BOWES SAME DAY DELIVERY PRODUCT TERMS
(Last Modified May 18, 2020)
These terms and conditions are an addendum to your PitneyShip™ shipping software Product Terms. If there is a conflict between the terms and conditions below and any other provision of this Agreement, the terms and conditions below will govern and control.
1. The Service
The Pitney Bowes Same Day Delivery (“Same Day Service”) will connect you with someone to pick-up and deliver a package (“Delivery Service”). The individuals and/or businesses who will perform the Delivery Service are called “Drivers.” The Same Day Service provides transportation brokerage services. We are not a transportation carrier.
2. Use of the Same Day Service
In order to use the Same Day Service, you agree to:
(a) only access and use the Same Day Service for lawful purposes and not for any fraudulent purpose or in a way that would violate the rights of, interfere with, or be a nuisance to any third party or any Driver;
(b) not ship any Prohibited Items (defined below);
(c) provide accurate information regarding the content of the package being delivered;
(d) not knowingly engage a Driver outside of the Same Day Service who previously performed a Delivery Service for you;
(e) properly pack all items for Delivery Service sufficient to withstand transport, reduce risk of theft, and ensure the safety and integrity of the item and in compliance with all applicable laws; and
(f) not discriminate or harass any Driver, including on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
You will pay the fees for the Delivery Service, as determined within the Site, at the time you reserve the Delivery Service. You will also be responsible for any taxes or additional charges that we may later impose, such as fees for “no show” (as defined in Section 8 below) or cancellation.
The Drivers do not work for us or our suppliers. The Same Day Service enables connections between you and Drivers; however, we and our suppliers have no control over, and are not responsible for, the performance, actions or inactions of any Driver, except as stated in these terms and conditions. PRIOR TO TENDERING YOUR PACKAGE TO THE DRIVER, YOU SHOULD ALWAYS CHECK YOUR ORDER NUMBER PROVIDED AT THE TIME YOU RESERVE THE DELIVERY SERVICE AGAINST THE ORDER NUMBER THE DRIVER PROVIDES.
5. Prohibited Items
You will not send any of the items listed below (each a “Prohibited Item”) using the Same Day Service:
(a) People or animals.
(b) Anything illegal including, without limitation, recreational drugs and other contraband.
(c) Prescription drugs and medicines or regulated over-the-counter medicine.
(d) Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
(e) Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
(f) Any hazardous material (“HAZMAT”) as defined in 49 C.F.R. § 105.5.
o HAZMAT may include common household items such as aerosols, lithium batteries and household cleaners, or seemingly benign items like dry ice (solid carbon dioxide or CO₂).
o You have the responsibility to know the complete listings of HAZMATs.
o Stiff fines apply to people who knowingly violate the applicable laws or regulations.
(g) Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau.
(h) Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
(j) Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
(k) Cremated remains, human remains, fetal remains, human body parts, or components thereof.
(l) Any package weighing more than 50 lbs. and/or exceeding more than 24 inches in any dimension.
It is your duty and obligation to know the content of any package tendered for Delivery Service and to know and comply with all federal and state laws relating to the transportation of such content applicable in the pick-up and delivery locations. We and our suppliers reserve the right to dispose of any Prohibited Item in our sole discretion and reserve all rights to instruct Drivers on how to dispose of any Prohibited Item, including delivery to the proper authorities. NEITHER WE NOR OUR SUPPLIERS TAKE ANY RESPONSIBILITY, OR LIABILITY (INCLUDING ANY DAMAGE TO, OR LOSS OF, ANY SUCH ITEM) IF YOU TENDER ANY PROHIBITED ITEM FOR DELIVERY SERVICE OR IF YOU FAIL TO DISCLOSE SUCH ITEM OR YOU FAIL TO COMPLY WITH ANY APPLICABLE LAWS. YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUPPLIERS HARMLESS FROM ANY SUCH LIABILITY, LOSSES OR COSTS THAT RESULT FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING PROHIBITED ITEMS LIST.
You are responsible for packaging items appropriately based on level of risk, fragility and other factors specific to the individual item. We are not liable for loss or damage under the Protection Plan (described below) if items are not properly packed to withstand transport, reduce risk of theft, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
7. Protection Plan
(a) With certain exceptions listed below, we will at our option replace, or reimburse you for, damaged, lost or stolen items if arising directly from a Driver’s negligence or willful misconduct, up to a maximum of $500 per package. In addition, we will reimburse the Delivery Service fee to you that you paid for the damaged, lost or stolen item. If we choose to reimburse you, we will pay your actual, documented costs to replace or repair your items for property lost, damaged, or stolen during the execution of a Delivery Service. In addition, our liability is further limited for the following items, provided that we will reimburse the Delivery Service fee to you in every instance stated below:
i. Checks: Our liability is limited to the cost of stopping payment on and reissuing the check. We will not pay the face value of the check. Maximum reimbursement is $100 per package.
ii. Coins, currency, postage stamps, negotiable instruments, money orders: We have NO liability for loss or theft of, or damage to, these items. No Reimbursement.
iii. Phone Cards, Tickets, Gift Cards and Certificates, Coupons and Similar Matter: Our liability is limited to the cost of replacing the physical card, certificate, or printed matter; we are not liable for the face value. Maximum reimbursement is $100 per package.
iv. Perishable Items: Our liability is limited to those items properly packed to withstand transport for the length of the Engagement requested by you, and then only if the loss or damage is due to the Driver’s failure to accomplish the Engagement within the time set forth in the request. Maximum reimbursement is $500 per package.
v. Media: Our liability for media, such as documents, film, or photographs contained in an Engagement, is limited to the replacement cost of the media on which the content is recorded. Maximum reimbursement is $500 per package.
vi. Heirlooms, Antiques, One-of-a-Kind: Our liability is limited to the actual monetary value of the item as shown by an invoice, sales receipt, appraisal, or with other proof of value of with a “like” item that can be verified. We will not reimburse for “sentimental value” or any other direct or indirect damages related thereto. Maximum reimbursement is $500 per package.
vii. Unopened, new-in-box consumer electronics: Our liability is limited to cases where there is significant, visible and documented damage to the packaging, which damage occurred while in the Driver’s possession. Maximum reimbursement is $500 per package.
viii. Used Electronics: We shall have NO liability for “used” electronics. “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
ix. Prohibited Items: We shall have NO liability for any Prohibited Item contained in an Engagement. No Reimbursement.
(b) Qualification for Protection. When you reserve a Delivery Service, you will be prompted by the Site to declare the value of all items to be tendered to the Driver and to provide other related information. To qualify for protection under Section 7(a), you must provide all such requested information when prompted, and you must not be in breach of any terms of this Agreement. We will not be liable to you under Section 7(a) if you have not complied with the preceding terms of this Section 7(b).
(c) Filing a Claim. Any claim must be filed within 3 business days of the package delivery. We will notify you of our decision on your claim and the amount to be paid to you or our decision to replace your damaged/lost item. Once we credit your account or replace the item (at our option), that decision is final and constitutes our release from any further liability to you in connection with the item subject to the claim.
(d) Reimbursement. We can reimburse you in the following ways:
i. By paying you the replacement cost. The replacement cost of the item will be calculated as of the time of loss or damage.
ii. By paying you the cost for repairing the damaged item. You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the item is not repairable, we will pay the actual or replacement value up to the maximum liability under the Protection Plan set forth in this section.
(e) Loss or Damage to Parts of Items.
i. If there is loss or damage to a set of items, we are only liable for the value of the part of the set that is lost or damaged.
ii. If there is loss or damage to any part of an item (including any part of a machine) that consists of several parts, we are only liable for the value of the part lost or damaged.
iii. In either instance, in no event will we be liable for the total value of the package.
NOTWITHSTANDING ANY OTHER PROVISION IN ANY OTHER TERMS, THE LIMITS OF LIABILITY SET FORTH IN THIS SECTION 7 ARE OUR AND OUR SUPPLIER’S TOTAL LIABLITY TO YOU IN CONNECTION WITH THE DELIVERY SERVICE.
8. Cancellations, Waiting Fees and Refusals
A fee may be applied for your Delivery Service if (a) you need to cancel a Delivery Service, (b) the Driver must wait for pick up or delivery, or (c) the recipient is unwilling or unable accept delivery. Associated fees will be disclosed to you at the time you reserve the Delivery Service. To cancel, go to your Shipping History tab, select the Delivery Service and follow the prompts for cancellation.
(a) EXCEPT AS PROVIDED HEREIN, YOU EXPRESSLY WAIVE AND RELEASE US AND OUR SUPPLIERS FROM ANY AND ALL CLAIMS ARISING FROM YOUR ACCESS OR USE OF THE SAME DAY SERVICE OR THE DELIVERY SERVICES.
(b) OTHER THAN AS SET FORTH IN SECTION 7(a), NEITHER WE NOR OUR SUPPLIERS HAVE ANY OTHER LIABILITY THAT MAY ARISE BETWEEN YOU AND DRIVERS. ACCORDINGLY, YOU EXPRESSLY WAIVE AND RELEASE US AND OUR SUPPLIERS FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES (COLLECTIVELY, “CLAIMS”) ARISING FROM OR IN ANY WAY RELATED TO A DRIVER’S PERFORMANCE OF A DELIVERY SERVICE. YOU ACKNOWLEDGE THAT DRIVERS MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. NEITHER WE NOR OUR SUPPLIERS WILL BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY DRIVERS.
(c) YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”