TERMS AND CONDITIONS
1. Terms and Conditions Apply
These Terms and Conditions sets forth the terms, rules conditions and restrictions for all transactions through IFS Inforsure Inc. and is a part of the agreement between IFS Inforsure Inc. and its Customers or any individual or business arranging for sending or receiving shipment through the service of IFS Inforsure Inc. (hereinafter referred to as "Customer"). Unless a separate written agreement is entered into with IFS Inforsure Inc., these terms and conditions shall apply and are binding and may not otherwise be modified separately by any oral statement of any IFS Inforsure Inc. employee. Any modification must be acknowledged in writing signed by the President of IFS Inforsure Inc. These terms and conditions may, however, be modified from time to time by IFS Inforsure Inc., in which case the terms and conditions effective on the date of shipment shall apply. The current Terms and Conditions may be found on IFS Inforsure website, at www.ifs-inforsure.com. Shipment through IFS Inforsure Inc. shall be deemed acceptance of these terms and conditions, as of the date of shipment. Unauthorized use of an IFS Inforsure account is expressly prohibited
2. Role and Responsibilities of IFS Inforsure Inc.
IFS Inforsure Inc. operates only as a freight forwarder and facilitator to its Customers in the arrangement of shipments of jewelry related items (as described herein) (hereinafter referred to as "Jewelry Related Goods") through a major third party carrier approved by IFS Inforsure Inc., and insured for transit by an insurance carrier through whom IFS Inforsure Inc. maintains coverage ("Insurer"). IFS Inforsure Inc. is NOT a direct or indirect air or ground carrier and is NOT an insurance company or insurance agency.
3. Customer Rates
Customer's rates for shipping and insurance shall be as provided to Customer in writing by IFS Inforsure Inc. Rates are subject to change, including, but not limited to, changes due to annual increases by the carrier and/or insurer.
4. Transit Coverage Provided by Insurer.
4.1 The insurance policy issued to IFS Inforsure Inc. sets forth the scope, conditions, limitations, and conditions of coverage, which includes, but is not limited to, the Customer, shipper, and recipient's compliance with all terms and conditions set for the herein. In the event of any conflict between these Terms and Conditions, on the one hand, and the terms of the insurance policy, on the other hand, the terms of the policy shall control. The terms of the policy in effect for the claimed loss shall control.
4.2 Subject to these Terms and Conditions, including the Exclusions identified in section 5, below, the insurance policy issued to IFS Inforsure Inc. provides transit coverage for the following:
- I. Transit related losses.
- II. Shortage caused during the course of transit.
- III. Shipments sent with approved carrier only.
The insurance policy issued IFS Inforsure Inc. does not provide transit coverage for:
- Shipments sent in violation of these Terms and Conditions and/or other applicable shipping instruction, including but not limited to, violation of instructions by IFS Inforsure Inc. or its employee.
- Loss or damage caused by or resulting from insufficient or defective packing.
- Claims arising from fraud either directly or indirectly, including but not limited to: credit card fraud, check fraud, COD fraud, identity theft/grand, internet related fraud, or any other instance of fraud.
- Unexplained and mysterious losses and shortages either at the time of shipment, delivery or during inventory checks, or shortage from a package received in good condition with unbroken seals.
- Damage and or breakage to items of fragile nature such as glassware, clocks and sculptures.
- Damage to any item shipped which is other than Jewelry Related Goods.
- Shipments not reported to IFS Inforsure Inc. on the day of shipment, or shipments without an IFS Inforsure Inc. receipt acknowledging shipment on the same day of shipment.
- Shipments declined for coverage.
- Loss or damage occurring prior to Commencement of Coverage.
- Packages dropped off for collection or picked up at third party collection business and non-carrier locations will not be covered, regardless of whether such packages are later collected by an approved carrier. Please Note: Third party collection businesses such as UPS Store and Postal Annex, are not approved for drop-off or pick up. Additionally, packages dropped off at unmanned collection points, such as UPS or FedEx boxes are not covered.
- Loss or damage occurring after Termination of Coverage.
- Jewelry Related Goods shipped by a non-IFS Inforsure Inc. approved carrier or by any non-approved method of transportation, including any portion of transit prior to Termination of Coverage.
- Loss or Damage as the result of any act of war, rebellions, insurrection, or terrorism.
- Shipments made to geographical locations not authorized for shipment by IFS Inforsure, Inc., as listed and provided by IFS Inforsure, Inc.
6.1 Customer must report all claims to IFS Inforsure Inc. within 24 hours of notification to Customer of loss or damage. Failure to timely report such claim shall nullify coverage.
6.2 The Customer, Shipper and Recipient/Intended recipient must cooperate in the claim process, including providing all requested statements, information and documentation, and, if requested, participation in an examination under oath. Failure to cooperate shall nullify coverage.
6.3. All claims decisions are made by the Insurer and/or its authorized claims agent.
6.4 No claims payment may be made unless Customer has previously paid the invoiced insurance premium on the subject shipment.
7. Valuation; Commodities Covered; Coverage Amount
7.1 IFS Inforsure Inc. provides transit coverage for the following commodities (referred to herein as "Jewelry Related Goods"): a) Stock for sale that consists of jewels, jewelry, precious and semiprecious stones, precious metals and alloys, time pieces and other inventory for sale that is usual to Customer's business; b) Customer's jewelry related goods in process, samples, and raw materials; c) Such property identified in sections a) and b) which have been sold but not yet delivered; and c) Such property identified in sections a) and b) belonging to others that has been delivered or entrusted to Customer.
7.2 Valuation of covered shipment at time of shipment shall be either: a) Full commercial value (Invoice value); or (b) replacement value (at cost). However, the property of others (third parties) in the jewelry business is only insured for amounts Customer has paid on the property or for which Customer is legally responsible because of loss or damage.
7.3 In the event value is understated at time of shipment, the maximum amount paid shall be the declared insured value.
7.4 In the event value is overstated at time of shipment, the maximum amount paid shall be the actual value of loss, as determined by the lesser of either the commercial value or replacement value.
7.5 In the event of a partial loss, the claim shall be paid on a pro rata basis.
7.6 The Customer's maximum coverage/limits of liability shall be determined by Insurer and as set forth in Customer's Certificate of Insurance.
7.7 Shipments with no declared value shall not be considered insured, and shall be deemed to have a maximum value of $100.
7.8 In the event a claim is covered for any partial or total loss, IFS Inforsure insurer shall be entitled to ownership and possession of any covered good which are subsequently found or recovered, and shall also be entitled to possession as salvage of any damaged covered goods.
8. Commencement and Termination of Coverage
8.1 Commencement of Coverage shall be upon tender, scanning and acceptance of the package by an IFS Inforsure Inc. approved carrier, as solely determined by the tracking information received from the approved carrier.
8.2 Termination of Coverage shall be at the time delivery of the package is made to the shipment address provided by Customer. If Adult Signature is requested at time of shipment, Termination of Coverage shall be at the time Adult Signature is received. If no Adult Signature is requested for the package at the time of shipment, Termination of Coverage shall be at the time package is dropped off at the shipment address, even if left unattended or outside the door. Please Note: Regardless of whether Adult Signature is requested, packages may be delivered without signature if carrier has a "waiver (or release) of signature" on file. It is the Customer's responsibility to ensure that no waiver or release of signature is on file with the carrier.
8.3 Prior to Commencement of Coverage, IFS Inforsure Inc. reserves the right to decline coverage in its sole and absolute discretion for shipments.
9. Dollar Value of Coverage
9.1 The maximum dollar value of coverage shall be $150,000.00, unless otherwise agreed in writing.
9.2 Coverage is provided for COD shipments of Jewelry Related Goods. with a maximum of $25,000.00 COD value (unless otherwise agreed in writing). No coverage is provided for the actual payment on the shipment, including, but not limited to, payment on delivery, insufficient funds, returned checks, etc..
10. Shipment and Packaging Requirements and Procedures
10.1 All shipments must be double boxed; size of the outer box must be minimal 10" X 1 1/2" X 12" Shipments must be collected by the carrier, dropped off at a carrier location or handed to a driver of the carrier.
10.2 Shipments must be collected by the carrier, dropped off at a carrier location or handed to a driver of the carrier.
10.3 No shipments can be dropped in an unattended drop box.
10.4 All coverage must be reported either online by using the web shipping and coverage reporting tool, or per agreed methods such as fax or e-mail. Shipper is at all times responsible to report coverage to IFS Inforsure Inc.
10.5 Shipments that are shipped to hotels, apartment complexes with central receiving points, Trade Shows and Hotels are deemed delivered when a signature is received from any of the representatives of that location, coverage for shortages or loss or damages discovered after the time of delivery cannot be considered.
10.6 No markings on either the packaging or the shipping label should indicate high value content, wording such as "gold", "silver", "diamonds", and or well-known jewelry brands, auctions houses, associations. or organization must be changed and or abbreviated. Do not use abbreviations which would be associated with jewelry or high-end value, such as GIA, EGL, etc.
10.7 Do not declare a value or indicate high value to the carrier or carrier's staff unless done at the direction of IFS Inforsure. Do not provide daily shipping reports or shipment receipts provided by IFS Inforsure to the carrier or with the shipment.
10.8 Customer assumes responsibility for compliance with all applicable laws, customs and regulations of country(ies) governing an aspect of the shipment. Shipments that exceed 48 hours customs clearance processing caused by missing or invalid paperwork may be subject to return or termination of coverage.
11. Indemnity of IFS Inforsure Inc.
Customer shall indemnify, compensate, for loss, and hold IFS Inforsure Inc. harmless from any losses, including attorney's fees that result from any claims arising out of any breach by Customer of any term in these Terms and Conditions.
12. Limitations of Liability; Limitation of Actions; and Jurisdiction
12.1 IFS Inforsure Inc. is not an insurer and is not a transportation carrier. Neither IFS Inforsure or its Officers, Directors, Employees, Representatives, or Contractors shall be personally liable for any damages resulting for any damages of any kind arising to any Jewelry Related Goods, whether alleged to have occurred prior to, during, or after shipment. IFS Inforsure shall be not liable for the intentional or negligent acts, or failures to act, of any transportation carrier or insurer.
12.2 IFS Inforsure Inc., and of each of its Officers, Directors, Employees, Representatives, and Contractors, shall further not be liable to Customer or to any Third Party for any direct, indirect, delay, consequential, incidental, special, or punitive damage.
12.3 IFS Inforsure, Inc. shall not be responsible for any tariffs, taxes, duties, or customs charges related to the shipped package.
12.4 To the maximum extent permitted by law, any claim against IFS Inforsure Inc. or its Officers, Directors, Employees, Representatives, and Contractors, must be brought within one year of the claim or cause of action arose or will otherwise be barred.
12.5 Any claim arising out of any shipment by or to Customer or arising out of the terms of this Agreement shall be governed by the laws of the State of California without regard to conflict of laws. All parties waive jury. Jurisdiction and venue shall lie exclusively with the Los Angeles Superior Court.
12.6 IFS Inforsure Inc. is not subject to the Warsaw Convention.