1) Acceptance of Terms and Conditions By giving Ship in a Flash your shipment you agree to the "Purolator and UPS Canada terms and conditions of service" as well as the Ship in a Flash terms and conditions of service" set out in this document (termed the "Ship in a Flash Terms and Conditions". If there are any discrepancies, then the Ship in a Flash terms and conditions will prevail. Please note that all agreements are only valid in writing, and not bind by oral contract.
2) Carrier Terms and Conditions For carrier terms and conditions please refer directly to Purolator and UPS' specific detailed conditions. This can be found on their individual website. "It is hereby understood and agreed that any fraudulent act(s) committed by the shipper/consignee or any other third party which may affect the shipper/consignee shall be deemed to be the responsibility of Ship in a Flash's client (whether the shipper or consignee) and such fraudulent acts cannot be used as a defense against Ship in a Flash for the non-payment of monies owed to Ship in a Flash for any services rendered."
3) Service Ship in a Flash provides you with the ability to select from various carriers. When you select a carrier, the terms and conditions of the selected carrier shall apply as well as Ship in a Flash's Terms and Conditions. Ship in a Flash cannot and does not agree to alter the selected carrier's terms & conditions.
4) Restriction of On-Time Refund The on-time money back guarantee offered by UPS, and Purolator or any other carrier offered by Ship in a Flash is not available to you for any shipment that you send through ShipinaFlash.com.
5) Refunds Ship in a Flash reserves the right, at its sole discretion, to refuse a request for a refund or credit of shipping charges for any shipment, when such request is made by any party other than the payer of the shipping charges.
6) Address Correction An additional charge will be applied per piece where the receiver's address is incorrect, incomplete or illegible.
7) Right of inspection & Refusal of Packages Ship in a Flash will not store or ship packages containing liquids, and the Customer acknowledges that the Customer is liable for any damage that the Customer's storage contents may inflict on the property of others. Ship in a Flash reserves the right to refuse any package that by reason of the dangerous or other character of its content is liable, in the judgment of Ship in a Flash, to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impractical to transport, or that is improperly packed or wrapped. Ship in a Flash reserves the right to open and inspect any package tendered to it for storage or shipping.
8) We do not offer PO Boxes Delivery Ship in a Flash, representing the various carriers, does not provide service to post office boxes.
9) Chargeable Weight for Shipments Ship in a Flash, representing the various carriers, reserves the right to audit shipments for weight and dimensions, not withstanding that the weight and dimensions have been declared on the shipping document. The corrected weight determined by the carrier may be applied for the assessment of rates and the shipper agrees to pay the same. Reweighing may occur at various transportation points before delivery, therefore, reweighing adjustment charges may not be reflected on the same invoice as the original transportation charges.
10) Signature Driver Release is a UPS residential, delivery service in which, at the discretion of the UPS service provider, a package may be left at a private residence without obtaining a signature. Driver Release is only available in select areas. If a signature is required on a package, or the UPS service provider is otherwise unable to Driver Release a package, it may be delivered to a neighboring address. The service provider will obtain a signature from the neighbor when completing an indirect delivery. Please note that an additional charge is applicable for Signature required requests. For all Purolator shipments, a signature is automatically required at all times unless specified otherwise with an OSNR or SNR sticker as per their terms and conditions.
11) Transit Times The transit times shown on Ship in a Flash website are guaranteed delivery times given to Ship in a Flash direct from the courier. These guarantees apply to all services except for UPS Standard, Purolator Ground, and FedEx Ground. None of these services are money-back guaranteed courier services.
12) Hold for Pick-up Customers may request that a shipment be held for pick-up at the carrier's depot closest to receiver's location.
For Purolator and FedEx shipments, the shipment must be addressed to the receiver care of the depot's address with the receivers phone number indicated, or by affixing a "hold for pick-up" sticker on the shipment.
13) Extent of Liability The carrier selected by you or Ship in a Flash for transportation of your shipment, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise from your shipment must be brought against the carrier selected by you or Ship in a Flash. Ship in a Flash shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: Loss of profit or revenue incurred as a result of Ship in a Flash 's acts or omissions including but not limited to gross negligence, neglect causing damage, loss, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Ship in a Flash is advised in advance that such possibility exists. Ship in a Flash reserves the right in its sole discretion to deny and you agree not to permit any claim or action against Ship in a Flash, pertaining to any damage, loss of a shipment, associated costs, or financial penalties to the shipper, consignee or third party shipper. You agree to indemnify Ship in a Flash against any consequences of such claim or action and assume responsibility for any costs and expenses that Ship in a Flash endures in defending against the claim or action.
14) Chargeable Weight for Shipments Ship in a Flash, representing the various carriers, reserves the right to audit shipments for weight and dimensions, not withstanding that the weight and dimensions have been declared on the shipping document. The corrected weight determined by the carrier may be applied for the assessment of rates and the shipper agrees to pay the same. Reweighing may occur at various transportation points before delivery, therefore, reweighing adjustment charges may not be reflected on the same invoice as the original transportation charges. Transportation charges are based on the actual weight of the shipment or the dimensional weight of the shipment, whichever is greater.
15) Fuel Surcharge Ship in a Flash reserves the right to apply a fuel surcharge on all shipments. The surcharge will be applied for such a period as Ship in a Flash may determine necessary. Current details on the fuel surcharge can be obtained by calling 1- 866-320-8383.
16) Manual Shipment Surcharge Ship in a Flash reserves the right to apply a 15% administrative surcharge for any domestic manual shipment if applicable. We therefore encourage you to utilize our Ship in a Flash system to avoid this administrative fee.
17) Shipping Collect In accordance with our carrier supply chain, Ship in a Flash must honor their collect shipment billing rules. Upon delivery, if the consignee refuses to pay for the delivery charges, the charge will automatically be invoiced to the shipper by Ship in a Flash. For further clarification please refer to the carrier's terms and conditions available on our home page. This information can be found on the official courier terms and conditions posted on our home page.
18) Payment The Customer agrees to pay the total cost of the services provided by Ship in a Flash based on the number and type of items tendered to SS at the time of making the label based on the prices contained on the Ship in a Flash web site.
19) Chargebacks and Reversals We handle all chargebacks and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and criminal case against a customer if there is fraudulent use or theft of product(s). PLEASE NOTE: Packages marked "Return to Sender" will NOT be processed or refunded. Please be aware that shipping and handling fees are non-refundable.
20) Fraud We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from purchasers such as a telephone confirmation of your order and other information necessary for verification. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
21) Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) the use or the inability to use the Site, the products and/or any other products and/or services offered on the Site and/or from the Company; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Site and/or from the Company; (iii) the failure to realize any specific result from use of the product or health-related outcome; and (iv) any other matter relating to the website, the products and/or any other products and/or services offered on the Site and/or from the Company. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Company to you under any and all circumstances will be the amount you paid for the products ordered and paid for on the Site and/or from the Company. No action, regardless of form, arising out of your use of the Site, the products and/or any other products and/or services offered on the Site and/or from the Company may be brought by you more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Company. Access to the Site and/or the services and products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions company liability shall be limited to the maximum extent permitted by law.
23) Payment Terms and Conditions Ship in a Flash payment terms are COD from date of the creation of the label on the Ship in a Flash website.
24) Quotes from Outside Sources Please note that Ship in a Flash will not honor any quotes provided to our clients directly from our suppliers. Quotes will only be honored if obtained on our Ship in a Flash system or via e-mail from a Ship in a Flash customer service representative.
25) Custom clearance All cross-border shipments must have 3 copies of the commercial invoice attached to the outside of the box. The description of goods and corresponding HS code must be accurate to avoid your HS code from being audited by customs. Failure to comply with these customs regulations may result in clearance delays. If you are not sure of the proper classification code, please check with your customs broker prior to filling out the customs invoice. If you do not have a customs broker please refer to the following.
26) Right of Inspection Purolator and UPS reserve the right to open and inspect any Shipment tendered to it for carriage, at any time, without notice. Governmental authorities may also open and inspect any Shipment, at any time, without notice.
27) Prices We shall have the right to charge and pass on all changes in one or more cost-determining factors such as costs of transport, the prices of (raw) materials, currency exchange rates, import duties, turnover tax, that relate to the performance agreed upon and that occur after the date of our offer, or after the formation of the agreement, but before the delivery, to the other party. The prices of the goods offered or sold by us are calculated on the basis of delivery ex works, Capelle a/d IJssel, The Netherlands (EXW, incoterms 2010), exclusive of VAT, import duties and other levies and taxes imposed by the government, unless indicated otherwise in writing.
28) Account Security If you create an account on the Ship in a Flash website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Flash of any unauthorized uses of your account or any other breaches of security. Flash will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
29) Termination of Your Account Ship in a Flash may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your alcatelflash.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.