Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nowship llc. The collective work includes works that are licensed to Nowship llc. Copyright 2016, Nowship llc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nowship llc or purchasing Nowship llc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nowship llc or to purchase Nowship llc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nowship llc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Nowship llc used in the site are trademarks or registered trademarks of Nowship llc
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nowship llc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nowship llc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nowship llc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Nowship llc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nowship llc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Nowship llc product is mistakenly listed at an incorrect price, Nowship llc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nowship llc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nowship llc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nowship llc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Nowship llc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Nowship llc.
Your use of this site shall be governed in all respects by the laws of the state of South Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nowship llc products) shall be in the state or federal courts located in Charleston County, South Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nowship llc products) must be commenced within one (1) year after the claim or cause of action arises. Nowship llc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nowship llc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nowship llc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Nowship llc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nowship llc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nowship llc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nowship llc in its sole discretion.
You agree to indemnify, defend, and hold harmless Nowship llc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Nowship llc may link to sites operated by third parties. However, even if the third party is affiliated with Nowship llc, nowship llc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nowship llc.
These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nowship llc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
NowShip (NS) Terms & Conditions Non-Waiver
Transportation and Shipping
Any failure by NowShip (herein referred to as NS) to enforce or apply a term, condition or provision of these terms and conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair our right to enforce such term, condition or provision.
1. We or carrier reserve the right to verify the method of payment for any shipment and to refuse any shipment for which the method of payment cannot be verified.
2. Duties and taxes may be assessed on the contents of shipments destined for international locations.
3. Electronically captured data will be used for billing purposes in the event a billing copy of the air waybill or bill of lading is not available at the time of billing.
4. Charges in freely convertible currencies (including the Euro) other than U.S. dollars are billed to the payer's account, and charges requiring conversion to a currency other than U.S. dollars will be calculated daily using the median bid price obtained from OANDA, an Internet exchange-rate service. The median bid price is the average price at which buyers offer to buy currencies from sellers during the given period. These currency conversion rates can be accessed at www.oanda.com. The currencies of participating European Union countries will have stationary conversion rates to the Euro. There is an additional exchange fee of 1.75 percent for conversion from any non-U.S. currency to U.S. dollars, 2.3 percent for U.S. dollars to any currency, and 2.0 percent between all non-U.S. currency conversions. There is no exchange fee between currencies related to the Euro. Charges in currencies other than the U.S. dollars that are not freely convertible will be converted to U.S. dollars and billed to the payer's account either at the free-market rate or at the official rate at which NS was permitted to purchase U.S. dollars in the relevant currency, at our sole option.
5. Notwithstanding any payment instructions that are given to NS, the sender is ultimately liable for, will be billed for, agrees to pay, all charges and fees, including any special handling fees and duties or taxes which we have advanced, regardless of any payment instructions to the contrary, if the present recipient or third party fails or refuses to pay.
6. We do not offer C.O.D. service to international destinations. A package or shipment marked "C.O.D." will be returned and all related charges will be billed to the sender.
7. If you have questions regarding our invoicing or payment methods, please contact our customer service. 8. Invoice Adjustments/Overcharges:
1. We and or the carrier reserve the right to audit air waybills and shipments made via any means, including, but not limited to, an electronic shipping device, to verify service selection and shipment weight. If the service selected or weight entered is incorrect, we may make appropriate adjustments to the shipment charges at any time.
2. Default Billing. Senders are solely responsible for accurately completing all sections of the shipper letter of instruction, air waybill, bill of lading or other transportation instruction devices and for the entry of accurate shipment information into any electronic shipping device. If you fail to provide or correctly enter this information, you will be billed and agree to pay based on our estimate of the number of packages transported and either the dimensional weight at the time of billing or a standard default weight-per-package estimate, both of which will be determined by us at our sole discretion. For NS or carrier’s services the recipient's postal code is critical to correct invoicing (to those countries that are in multiple rate scales). Any omission or incorrect entry will result in additional billing based on corrected postal code.
3. We will not be liable for any invoice adjustment unless you comply with the notice requirements described above. The filing of a lawsuit against us does not constitute compliance with these notice provisions.
9. Additional Taxes. If a value-added, consumption or similar tax is applicable to your shipment, we reserve the right to add that amount to your shipping charges without notice. We pay any applicable excise tax on the air transportation portion of our service. 10. The shipper and any other party who is liable for payment are responsible for all reasonable costs incurred by NS in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interests and court costs.
Fuel Surcharge is included in prices through NS website. We and or carrier reserve the right to assess other surcharges on shipments without notice. The duration and amount of any surcharge will be determined at our sole discretion. By tendering your shipment to carrier, you agree to pay the surcharges, as determined by NS and or carrier. Carriage under Warsaw Convention 1. As used in the NS and or carrier’s terms and conditions, "Warsaw Convention" or "Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, Oct. 12, 1929, or that convention as amended, including the Montreal Protocol No. 4 and the Montreal Convention, whichever is applicable to the carriage or "carrier," including the air carrier issuing the air waybill and all air carriers that carry the goods or perform any other services related to the carriage.
2. When the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. The convention governs and, in most cases, limits our liability for loss of, damage to or delay of cargo.
3. The Warsaw Convention limits our liability for loss or delay of or damage to your shipment. The interpretation of the Warsaw Convention's liability limits may vary depending on the destination country.
4. NS assumes no obligation to carry the goods by any specified aircraft or over any particular route or to make connections at any point according to any schedules. You agree NS may, without notice, substitute alternative carrier or aircraft, deviate from the route or routes, or cause the goods to be transported by motor vehicle.
5. There are no stopping places that are agreed to at the time of tender of the shipment, and we reserve the right to route the shipment in any way we deem appropriate.
1. We must receive notice of a claim due to damage (visible or concealed), delay (including spoilage claims) or shortage within 21 calendar days after delivery of the shipment. We must receive notice of all other claims, including, but not limited to, claims for non-delivery or misdelivery, within 21 calendar days after package was tendered to NS for shipment.
2. Notice of all claims must be in writing. All claims must be made within the time limits set forth above.
3. Your notice of claim must include complete shipper and recipient information, as well as the air waybill or NS tracking number, date of shipment, number of pieces, and shipment weight. 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.
4. Written documentation supporting the amount of your claim must be delivered to us within 30 days after package was tendered to carrier for shipment. Such documentation may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, photographic evidence of the damaged items or other records. These documents must be verifiable to our and or carrier’s satisfaction.
5. We or the carrier 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 owed to us.
6. NS and or carrier reserves the right to inspect a damaged shipment on the recipient's premises as well as the right to retrieve the damaged package for inspection at a NS facility. The terms and conditions applicable to the original shipment (including any declared value) will govern the disposition of all claims in connection with the shipment, including any claim relative to the retrieval, inspection or return of the package. When a package is picked up for inspection, a receipt for the damaged package will be provided if requested by the recipient. All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded. Physical inspection of the damaged shipments and supporting photographs are conditioned precedents to NS accepting any claim. NS might also use other agents or companies for pick up and inspection of the damaged packages.
7. Receipt of the shipment by the recipient without written notice of damage on the air waybill is prima facie evidence that the shipment was delivered in good condition.
8. Our maximum liability per shipment is $100.00 or the insured amount whichever is greater, regardless of the total weight of shipment and number of packages. Even if a higher value is insured, our liability for loss, damage or delay of a shipment will not exceed its repair costs, its depreciated value or its replacement cost, whichever is less.
9. Only one claim can be filed in connection with a shipment. Acceptance of payment of a claim shall extinguish any right to recover in connection with that shipment.
10. When the carrier resolve a claim by paying full value for a shipment, we and or the carrier reserve the right to pick up the package for salvage, and all rights, title to, and interest in the package shall vest with us.
11. Written claims must be sent (via U.S. Postal Service) to: NowShip, 1643 Savannah Hwy, Charleston, SC 29407.
12. Failure to comply with any of the above conditions will result in denial of your claim.
1. All shipments that cross international borders must be cleared through customs in the destination country prior to delivery to the recipient.
2. We (or a broker selected by us) will submit shipments to customs and other regulatory agencies for clearance. Duties and taxes may be advanced on behalf of the sender and recipient provided appropriate credit arrangements have been made in advance. (See the Billing and Duties and Taxes sections.) Where NS (or the broker selected by NS) incurs additional time or expense clearing an import shipment due to the commodities being imported or special brokerage processing, NS reserves the right to impose a fee ("ancillary fee") in order to recover those costs to NS that may be caused by regulatory agency declarations and processing, or by the customs broker chosen to clear the shipment. These may include, without limitation, ancillary fees associated with the filing of entries within destination countries, such as with the U.S. Food and Drug Administration, the U.S. Fish and Wildlife Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, live entries and entries pursuant to U.S. Department of Defense contracts (or comparable agencies in the destination country), and for other special brokerage processing.
3. When shipments are held by customs or other agencies due to incorrect or missing documentation, we may attempt first to notify the recipient. If local law requires the correct information or documentation to be submitted by the recipient and the recipient fails to do so within a reasonable time as we may determine, the shipment may be considered undeliverable. (See the Undeliverable Shipments section.) If the recipient fails to supply the required information or documentation, and local law allows the sender to provide the same, we may attempt to notify the sender. If the sender also fails to provide the information or documentation within a reasonable time as we may determine, the shipment will be considered undeliverable. We assume no responsibility for our inability to complete a delivery due to incorrect or missing documentation, whether or not we attempt to notify the recipient or sender. (See the Undeliverable Shipments section.)
4. Shipments requiring documentation in addition to the NS International Air Waybill (e.g., a Commercial Invoice) may require additional transit time. Proper completion of necessary documentation, with complete and accurate shipment information, including the appropriate Harmonized Tariff Schedule Code, is the shipper's responsibility.
5. Shipments that contain goods or products that are regulated by multiple government agencies within the destination country (such as the Department of Agriculture, the Food and Drug Administration and the Federal Communications Commission in the U.S. and comparable agencies in the destination country) may require additional time for clearance.
6. The sender is responsible for making sure goods shipped internationally are acceptable for entry into the destination country. All charges for shipment to and return from countries where entry is not permitted are the sender's responsibility.
7. We or the carrier assume no responsibility for shipments abandoned in customs, and such shipments may be considered undeliverable.
Limits of Liability
Our maximum liability for damages and loss is $100.00 per shipment. You may purchase extra insurance for your shipment.
NS and or carrier offer $100.00 of insurance, per shipment, as a courtesy. You can purchase extra insurance for your shipments through our website or a NS shipping agent, for up to $125,000 coverage. The insurance amount cannot be more than the value declared on your commercial invoice or inventory. To be covered under our $100.00 courtesy insurance, the value declared on your commercial invoice or inventory must be greater than $100.00 as well.
Additional Insurance can purchased through our website for total loss (A loss that occurs when the insured property is totally destroyed or is damaged in such a way that it can be neither recovered nor repaired for further use, or the insured is irretrievably deprived of it. Usually, this indicates the maximum settlement possible according to the terms of the policy) or All Risk (Marine cargo policies may be written on “All Risks” conditions, the broadest coverage available under a cargo insurance policy. However, “All Risks” does not cover all losses. The major exclusions include war and misconduct of the assured). If no additional insurance is obtained on the value of the shipment, replacement value of the shipment, shipping cost plus value or replacement value, customer waives all insurances, accepts limitations of carrier’s liability and will transport as self-insured.
Volume Weight Measure
Transportation charges may be assessed based upon normal density of 6.5lbs to 1 cubic foot unpacked and 10lbs to 1 cubic foot export packed in a unit load device (ISPM 15 pallet or crate) standard. Weight Measure is calculated by measuring the length, width and height using inches, the sum or volume sum is then divided by 1728 (1728=number of cubic inches in one (1) cubic foot to derive the volume in cubic feet. If the physical weight is greater than 1:6.5 loose or 1:10 export packed, the equivalent volume will be assigned matching the standard volume.
Dimensional Weight (Volume Weight)
Transportation charges may be assessed based on the International Air Transport Association (IATA) volumetric standard. Dimensional-weight pricing is applicable on a per-shipment basis to all shipments in customer packaging. NS packaging may also be subject to dimensional-weight pricing.
Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by 166 for domestic, 134 for international (divide by 194 for shipments to Puerto Rico). If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed.
Carrier will inspect all international packages. Customers who fail to enter the correct dimensions or use premeasured NS carton systems and or exceed detailed weight limitations for the weight of the packages, will cause their shipments to be delayed and their charges will be adjusted. You preauthorize these the adjusted fees upon purchase of services through NS and carrier.
Extra-large packages are pieces weighing less than 151 lbs. (or destination country limit) that exceed 130 inches (or destination country limit) in length and girth combined. These pieces may be refused, or at our or the carrier’s sole discretion may be considered as International Economy Freight shipments once accepted by us and a minimum chargeable weight of 151 lbs. may be applied regardless of actual weight for any courier transportation.
Duties and Taxes
1. In order to complete clearance of certain items through customs, we or the carrier may be required to advance on your behalf certain duties and taxes as assessed by customs officials. For all shipments we or the carrier may contact the payer before clearance is complete to confirm the arrangements for reimbursing us. At our or the carrier’s sole discretion, may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery including, but not limited to, cases of deliveries to recipients that we or carrier believe are not creditworthy and of shipments with high declared values.
2. Duties and taxes are billed to the recipient. Regardless of any payment instructions to the contrary, the sender is ultimately responsible for payment of duties and taxes if payment is not received. If a shipment is returned to the shipper due to duties and taxes not being paid, the shipper is responsible for the return shipping fees.
3. In the event we advance duties, taxes or other fees, including the U.S. Merchandise Processing Fee, on behalf of the payer, the payer will be assessed a surcharge based on a flat rate or a percentage of the total amount advanced. This surcharge will vary depending upon the destination country. For U.S. import shipments, the surcharge is either 2 percent of the total amount advanced or US$5, whichever is greater.
4. If a recipient refuses to pay the duties and taxes, we may contact the sender. If the sender refuses to make satisfactory arrangements to reimburse us, the shipment may be returned to the sender or placed into a general order warehouse or a customs-bonded warehouse. The sender must then pay both the original transportation charges and the return charges. If we advanced any amounts as duties and taxes at either the original destination or upon return, the sender shall also be liable for such amounts.
5. Payment for duties and taxes will be made by one of the following means at the sole discretion of NS: cash, check (personal or business, provided valid identification is offered), money order, traveler's check, or credit card.
6. In the event the accuracy or propriety of duties and taxes assessed on a shipment is disputed, NS or its designated broker may review the shipping documents tendered with the shipment. If NS determines that the duties and taxes were properly assessed, the shipper agrees to pay the duties and taxes.
You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete and attach to the air waybill such documents as necessary to comply with such laws, rules and regulations. In addition, you specifically warrant that you will not tender any shipments to us if you are listed on the Denied Persons List maintained by the U.S. Department of Commerce. You also warrant that you will not attempt to ship to persons or entities listed as Specially Designated Nationals or Blocked Persons by the U.S. Treasury Department. NS will not carry shipments that violate any U.S. export laws. We assume no liability to you or any other person for any loss or expense - including, but not limited to, fines and penalties - if you fail to comply with any export laws, rules or regulations.
Packaging and Marking
1. You must comply with all applicable laws (including, but not limited to, local, state, federal and international laws), including those governing packing, marking and labeling for all shipments.
2. All shipments tendered to carrier must not be locked. Any locked shipments must be accompanied by the key to the lock. All locked items are subject to inspection by NS and/or governmental authorities.
3. Carrier will not accept liquid stored in a sealed container in which the seal must be broken to open the container.
4. It is the responsibility of the sender to properly complete the shipper letter of instruction (SLI) entered through NS website and sender/shipper/consignee/customer assumes all responsibility for entry of all transportation choices, origin addresses, shipper/consignee names, shipper/consignee contact details and pre-authorizes NS and or carrier to charge a correction fee of $200.00 per correction. If incorrect or inaccurate sender/shipper/consignee/destination/delivery information is incorrect, all routing and transportation costs associated from the misrouting of the shipment are the responsibility of the shipper/consignee/customer. Shipper/consignee/customer preauthorizes and accepts these charges. The sender's and recipient’s address on an air waybill, waybill, bill of lading or electronic shipping device must show the country in which the shipment is tendered to carrier.
5. All packages must be prepared and packed by the shipper for safe transportation with ordinary care in handling in an express-transportation environment. Any articles susceptible to damage as a result of conditions that may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by proper packaging. NS or carrier assumes no liability for perishables or commodities that could be damaged by exposure to heat or cold. Perishables or commodities that can be damaged by exposure to heat or cold are prohibited. Each shipment must be legibly and durably marked with the name, address and ZIP code/postal code of both the shipper and recipient. Packages cannot be wrapped in Kraft paper.
6. You must use new corrugated boxes in good, rigid condition of adequate size to allow a minimum 3 inches of cushioning of contents on the top, bottom and sides. Items that cannot be packed into cartons (such as auto tail pipes, mufflers, tires and rims) must have all sharp edges and protrusions wrapped. The address label must be secured by pressure-sensitive tape wrapped completely around the object and all shipping documents securely attached. Casters, wheels and rollers must be removed or packaged to prevent damage in transit.
7. NS and or carrier prohibits the use of wet ice (frozen water) as a refrigerant. Use of wet ice is prohibited and shipper will incur additional fees and shipper preauthorizes such fees in respect to necessary handling to remove wet ice.
8. If a shipment is refused by the recipient, leaks or is damaged due to inadequate packaging, the shipment will be returned to the shipper, if possible. If the shipper refuses to accept the returned shipment or it cannot be returned because of leakage or damage due to faulty packaging, the shipper is responsible for and will reimburse NS for all costs and fees of any type incurred in connection with the storage or disposal of the shipment or the cleanup of any spill or leakage from the shipment.
9. We may, at our sole discretion, open and inspect any shipment without notice. Governmental authorities may also open and inspect any shipment at any time.
10. NS may, at its sole discretion, repackage any items deemed by us to be packaged either insufficiently or inappropriately for shipping. In the event NS must repackage an item, additional fees will be assessed. In the event of damage or loss to an item repackaged by NS, our maximum liability for damages or loss is $100.00 per package unless additional insurance has been purchased.
11. You may purchase extra insurance for your shipment.
Pickup and Delivery
1. The carrier provides delivery service at no additional charge to international destinations within primary service areas.
2. Agents are utilized for deliveries to points in extended service areas (ESAs). Depending on the final destination, an ESA surcharge per shipment may be applied for U.S. export shipments.
3. We or carrier do not offer a restricted-delivery service and may deliver to someone other than the person named as the recipient. We and/or carrier also may make an indirect delivery. Indirect delivery is a completed delivery to an address or location other than the address on the air waybill. Package addresses must include the complete street address and telephone or telex number of the recipient.
4. Shipments to hotels, hospitals, government offices or installations, university campuses, or other facilities that utilize a mailroom or other central receiving area will be delivered to the central receiving area, unless otherwise authorized and approved by NS and or carrier.
5. If we inadvertently accept a shipment with a destination city not served in a country to which NS and or carrier International Priority is provided, we may attempt to complete the delivery. However, certain limitations will apply. (See the Liabilities Not Assumed section.)
6. Carrier’s International shipments picked up or delivered to H3 areas will be picked up or delivered via cartage agents and a special handling fee will apply.
7. Proof of pickup is available upon request. You must provide the pickup number or NS reference and or carrier tracking number (also known as the air waybill or waybill or bill of lading or short bill of lading number). We will not provide proof of pickup unless you provide this information.
8. At our sole discretion, we may refuse to pick up or deliver a shipment (package or freight), or use alternative pickup or delivery arrangements, to maintain the safety of our employees and in cases in which we believe that our services may be used in violation of local, state, federal or international laws.
9. Additional charges may apply for late-hours, weekend or holiday pickup and delivery.
10. A quoted delivery time may be changed for a variety of reasons, including, but not limited to, flight delays or cancellations due to air traffic control, weather or mechanical problems.
11. NS or carrier cannot deliver to U.S. military or International post office box addresses.
12. Proof of performance (written). When requested by the sender or recipient within 60 days of the shipping date, we will, at our option, furnish a photo static copy of the destination delivery record or electronically captured delivery information for deliveries made to most points served. We assume no liability for our inability to provide a copy of the delivery record
Routing and Rerouting
NS or he carrier will determine the routing of all shipments. Carrier may choose shipments for or may be consolidated or forwarded by carrier for transportation on foreign air carriers, or on either a charter or an interline basis as NS may determine. We reserve the right to divert any shipment (including use of other carriers) in order to facilitate its delivery.
NS or carrier assumes no obligation to reroute any shipment to a third country, to carry the goods by any specified aircraft or over any particular route or to make connection at any point according to any schedules. You agree that NS may, without notice, substitute alternative carrier or aircraft, deviate from the route or routes, or cause the goods to be transported by motor vehicle.
There are no stopping places that are agreed to at the time of the tender of the shipment, and we and or the carrier reserve the right to route the shipment in any way we deem appropriate.
Tracking of international packages is available online or upon request. Please contact us and a tracking specialist will assist you. NS and/or carrier will email you with your common carrier tracking number.
An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
• The recipient refuses to pay for a bill-recipient shipment.
• The recipient refuses to accept the shipment.
• The recipient's delivery address cannot be located.
• The shipment was addressed to an area not served by NS.
• The shipment's contents or packaging are damaged to the point that rewrapping is not possible.
• The shipment is unable to clear customs.
• The shipment would likely cause damage or delay to other shipments or property or injury to personnel.
• The shipment contains prohibited items.
• The recipient's place of business is closed.
• No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts.
• The shipment was improperly packaged.
Should a shipment be classified as undeliverable or unidentifiable, the following guidelines apply:
1. If a shipment is undeliverable for any reason, we may attempt to notify the sender to arrange for the return of the shipment if local customs regulations will allow. If the sender cannot be contacted within five business days, we or the carrier may place the shipment in a general order warehouse or a customs-bonded warehouse or will dispose of the shipment. In any event, if a package cannot be delivered, cleared through customs or returned, the package may be transferred or disposed of by NS in its discretion and at any location. The shipper, if known, agrees to pay any costs incurred in returning, storing or disposing of an undeliverable shipment.
2. For shipments returned from international points to the U.S., return charges and fees will be assessed to the original shipper, along with the original charges and fees. Also included will be any other charges incurred by us, including, but not limited to, duties, taxes and storage fees, if applicable. For returned shipments containing dangerous goods, the shipper must supply a completed return air waybill and all other required documents.
3. Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at our sole discretion and at any location. The shipper agrees to pay any costs incurred by NS or carrier such placement or disposal.
Refusal or Rejection of Shipments
We or carrier reserve the right to refuse, hold or return any shipment and may do so at our sole discretion and without liability to us. We or carrier will execute that right when (but not limited to cases in which):
• the shipment may cause damage or delay to other shipments, property or personnel.
• the shipment is likely to sustain damage or loss in transit because of improper packaging or otherwise.
• any locked item (such as a locked briefcase) unless the key is provided.
• any sealed container that cannot be opened without breaking the seal.
• the shipment contains any prohibited items.
• the account of the person or entity responsible for payment is not in good credit standing; or
• when acceptance of the shipment may jeopardize our ability to provide service to other customers.
• Any packaged items that NS suspects may contain prohibited items.
We have no liability whatsoever for refusal or rejection of shipments.
The following items are not acceptable for carriage to any international destinations unless otherwise indicated. (Additional restrictions may apply depending on destination. Various regulatory clearances in addition to customs clearance may be required for certain commodities, thereby extending the transit time.)
1. APO/FPO addresses.
2. C.O.D. shipments.
3. Goods packed insufficiently and/or not standard forms of packaging.
4. Goods which require in any way particularly careful treatment (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
5. Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains.
7. Firearms, weaponry and their parts.
8. Perishable foodstuffs and foods and beverages requiring refrigeration or other environmental control. Foods cannot be shipped with NS Express service at all.
9. Live animals (including insects).
10. Plants and plant material, including cut flowers.
11. Lottery tickets and gambling devices where prohibited by local, state, provincial or national law.
12. Money (coins, cash, currency, paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters).
13. Collectable coins and stamps.
14. Phone cards and pre-paid cards, e.g. for mobile phones.
15. Particularly valuable goods (e.g. money, precious metals and stones, jewelry and genuine pearls, objects of art, antiques).
16. Valuable documents (e.g. securities, acceptance bills, savings books).
18. Any shipments that are locked or have locks on them unless the key to the lock is provided with the locked item.
19. Any sealed container that cannot be opened without breaking the seal.
20. Shipments being processed under:
• Duty drawback claims unless advance arrangements are made.
• Temporary Import Bonds
• U.S. State Department licenses.
• U.S. Drug Enforcement Administration export permit.
• Shipments destined to or being withdrawn from a Foreign Trade Zone.
• Letters of Credit
• Certificate of Registration shipments (CF4455).
• Shipments moving into or out of Foreign Trade Zones or bonded warehouses.
• Fish and Wildlife/CITES export permits.
21. Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
22. Shipments that may cause damage to, or delay of, equipment, personnel or other shipments.
23. Shipments that require us to obtain any special license or permit for transportation, importation or exportation.
24. Shipments whose carriage, importation or exportation is prohibited by any law, statute or regulation.
25. Shipments with a declared value for customs in excess of that permitted for a specific destination. (See the Declared Value for Carriage and Limits of Liability section.)
26. We do not accept dangerous-goods shipments. Any package given to us or our agents containing dangerous goods will be returned to the shipper at their expense.
27. NS is not required to add dry ice to packages in its system or to provide re-icing services.
28. Live Animals
29. Animal skins, dead animals (including insects) or animals that have been mounted.
30. Packages that are wet, leaking or emit an odor of any kind.
We are not liable for delay of, loss of or damage to a shipment of any prohibited item.
1. Size restrictions vary by country.
2. Per-package weight limits may vary by country.
3. There is no limit on the aggregate weight of a multiple-piece shipment (except to Argentina), provided each individual package does not exceed the per-package weight limit for the destination country. Shipments exceeding 500 lbs. require advance arrangements with us. You must call us to arrange for pickup commitments and delivery commitments.
4. Blood, urine and other liquid diagnostic specimens containing infectious substances are considered dangerous goods and are prohibited.
5. Laptop, desktop, notebook, minicomputers or any type of electronic equipment must be shipped in the manufacturer's original packaging. Our maximum liability for these items is $100.00.
Shipments of pharmaceuticals will NOT be accepted. The shipper is responsible for compliance with all applicable laws.
Liabilities Not Assumed
We will not be liable for any damages, whether direct, incidental, special or consequential, in excess of the insured value or US $100, or the amount set by the Warsaw Convention (as amended) for carriage of a shipment arising from transportation, whether or not we knew or should have known that such damages might be incurred, including, but not limited to loss of income or profits.
If we inadvertently accept a shipment with a destination city or cities that we do not serve in a country, we may attempt to complete the delivery. However, we will not be liable and we will not provide any proof of delivery. The delivery commitment listed for such country will not apply, and the applicable rate will be the highest for that country plus the maximum extended service area surcharge. We will not be liable or responsible for loss, damage or delay caused by events we cannot control.
We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
• The act, default or omission of any person or entity, other than NS, including those of any local, state or federal government agencies.
• The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
• Your violation of any of the terms and conditions contained here, as amended or supplemented, or on an air waybill OR bill of lading, standard conditions of carriage, tariff or other terms and conditions applicable to your shipment, including, but not limited to, the improper or insufficient packing, securing, marking and addressing of shipments, or failure to give notices in the manner and time prescribed.
• Perils of the air, public enemies, criminal acts of any person(s) or entities including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).
• Our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient.
• Damage or loss of articles packaged and sealed by the sender or by person(s) acting at the sender's direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the shipment without noting the damage on the delivery record.
• Our inability or failure to complete a delivery, or a delay to any delivery, due to acts or omissions of customs or other regulatory agencies.
• Delays in delivery caused by adherence to NS policies regarding the payment of duties and taxes or other charges.
• Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
• Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
• Our failure to honor package-orientation graphics (e.g., "up" arrows, "this end up" markings), "fragile" labels or other special directions concerning packages.
• Your failure to ship goods in packaging approved by us prior to shipment where such prior approval is recommended or required.
• The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers such as those used in laboratory test environments.
• Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice.
• Shipments released without obtaining a signature.
• Our failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker's address.
• If a shipment is refused by the recipient, leaks or is damaged, the shipment will be returned to the sender if possible. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage, or damage due to faulty packaging, the shipper is responsible for and will reimburse NS for all costs and fees of any type connected with the legal disposal of the shipment, and all costs and fees of any type connected with cleanup of any spill or leakage.
• Loss or damage to any package for which we have no record of tender to NS or its Partners.
• The shipper's failure to delete all shipments entered into a NS self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a package, when the shipment is not tendered to NS. If you fail to do so and seek a refund, credit or invoice adjustment, you must comply with the notice provisions in Invoice Adjustments/ Overcharges in the Billing section. IPS is not liable for any refund, credit or adjustment unless you comply with those notice provisions.
• The shipment of scale models (including, but not limited to, architectural models, dollhouses, etc.).
• Your use of an incomplete, inaccurate, or invalid NS account number or your failure to provide a valid NS account number in good credit standing in the billing instructions on shipping documentation.
• Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases, or other items when not enclosed in outer packaging, whose outer finish might be damaged by adhesive labels, soiling or marking.
• The shipment of perishables or commodities that could be damaged by exposure to heat or cold.
• The shipper's failure to provide accurate delivery address information.
• Damage to computers, or any components thereof, or any electronic equipment.
• Any shipment containing a prohibited item. (See the Prohibited Items section.
• Our provision of advice, assistance or guidance on the appropriate packaging of shipments does not constitute acceptance of liability by NS unless such advice, assistance or guidance has been approved in writing by NS and the writing expressly accepts liability in the event of a damaged shipment.
• Damage or loss for any item(s) repackaged by NS due to insufficient or inappropriate packaging by the sender, for more than $100 US dollars unless additional insurance has been purchased.
• Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.)
• Damages indicated by temperature instruments.
• Loss or damage to alcohol shipments unless NS has pre-approved your packaging prior to shipment.
Limitations on Legal Actions
In the event that the Warsaw Convention, as amended, does not prescribe limitations on legal actions, the following will apply. Any right you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package shall be extinguished unless you file an action within 21 days from the date of delivery of the shipment or from the date on which the shipment should have been delivered.
Any right that you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package shall be extinguished unless you first comply with all applicable notice periods and requirements in these terms and conditions including, but not limited to, the periods and requirements for providing notice under the Billing, Claims and Policy sections. You and we understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions precedent on the face of any complaint that you file against us.
You and we agree that NS cannot be considered to have breached any obligation to you unless or until we wrongfully deny a claim submitted to us pursuant to the notice periods and requirements contained in these terms and conditions. Finally, you and we agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from us or if you lack knowledge regarding whether such compliance will result in relief from us.
You agree that you will not sue us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff. To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which you tendered your shipment to us.
The performance of any services does not make us an agent of the shipper or any third party for any purpose.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED.
If you have questions or concerns regarding NS services, please send your correspondence to NowShip, 1643 Savannah Hwy, Charleston, SC 29407.
These NS Terms and Conditions are published by NowShip and NS reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, tariff, and terms and conditions applicable to all customers without notice. All modifications, amendments or supplements may only be authorized by an officer of NS or successor positions, but no other agent or employee of NS, nor any other person or party, is authorized to do so. Any failure to enforce or apply a term, condition or provision of the NS Terms and Conditions shall not constitute a waiver of that term, condition or provision or otherwise impair our right to enforce or apply such a term, condition or provision in the future.