1. On this Parcel Bill of Lading, Parcel Monkey “PM” and the “Shipper” refers to you. When using PM’s services, Shipper is agreeing the recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment that the Terms and Conditions shall apply from the time that PM accepts the Shipment unless otherwise agreed in writing by a duly authorized officer of PM.
2. “Shipment” means all documents or parcels that travel under one Parcel Bill of Lading and may be carried by any means PM chooses, including air, road or any other carrier. Every Shipment is transported on a limited liability basis as provided herein. The Shipper is urged to request shipment value protection, at an additional cost, for any items that are valuable, difficult to replace or that have a time sensitivity.
3. PM must refuse to offer for transportation by air any cargo shipment if the shipper does not consent to the screening of the cargo.
4. “Residential pickup” means a pickup from a home or private residence, including locations where a business is operated from the home.
5. “Shipment” means one or more pieces, either packages or freight, moving on a single Parcel Bill of lading represented by the parcel label printed once payment has been confirmed for the shipment.
6. Non-Waiver - Any failure by PM to enforce or apply a term, condition or provision of the PM offering 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.
7. Unless agreed by us in writing, "working days" do not include Saturdays, Sundays or Public Holiday. You may cancel this Agreement at any time and receive a full refund providing cancellation is made no later than 5.30pm one working day prior to the scheduled collection date. Cancellations made after this time will be subject to a minimum cancellation charge of $10.00 as a result.
8. The company does not agree to carry, and will not accept any liability for items which it is not permitted to carry, cannot safely carry, or for any goods described below:
a. Goods that are classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organization;
b. Goods with no customs declaration made when required by applicable customs regulations;
c. Lithium batteries or products with Lithium Batteries installed.
d. Goods with incorrect or false customs declarations.
e. Goods with defective or inadequate packaging or that cannot be carried safely by the company; The Shipper warrants to the company that the shipment is sufficiently packaged to withstand ordinary handling while in transit as well as conditions incidental to transportation, such as sudden changes in temperature and pressure during air transportation. All packages must be appropriately marked, securely sealed and properly addressed to insure the safety of the materials while in transit.
f. For the Parcel Monkey Service – foodstuffs of any kind is prohibited.
g. Prohibited Goods:
(i) The Company shall not be required or caused to carry or convey anything if such carriage or conveyance would be unlawful
(ii) Shipments whose content, exterior design, transport or storage violate a statutory or authorities' prohibition, in particular any export, import or customs law provisions of the countries of origin, destination or transit, or which require special facilities (e.g. for temperature-controlled goods), safety precautions or permits; these include Shipments or goods whose transport is prohibited according to the Universal Postal Union Acts, and those whose contents violate the protection of intellectual property, including counterfeit or unlicensed copies of products (brand piracy);
(iii) Shipments whose content or exterior make-up could injure or infect persons or cause damage to property. The company does not agree to carry, and it is agreed that the company accepts no liability for items it is not permitted to carry, cannot safely carry, or items of intrinsic value, including, but not limited to live animals or human remains, human body parts, human embryos, cremated or disinterred human remains, cash or currency, perishables, liquor, plants, precious metals, precious stones, jewelry, negotiable securities, other instruments, furs, firearms or parts thereof, ammunition, pornography, illegal narcotics/drugs, works of art, artwork, ceramics, deeds, tender documents, documents similar to and including passports, stamps, vouchers, prescribed drugs, liquids, perishable goods or valuable antiques. Shipments that require us to obtain national, local, state or federal license for their transportation, Shipments that may cause damage or delay to equipment, personnel or other shipments. Lottery tickets and gambling devices where prohibited by law, Hazardous waste -this includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste, packages that are wet, leaking or emit an odor of any kind, Live insects, shipments or commodities that are prohibited by applicable local, state or federal law. Marijuana, as defined by U.S. federal law, 21 U.S.C. 802(16), including marijuana intended for recreational or medicinal use, and synthetic cannabinoids, waste or garbage for disposal. Should any Customer or Consignor nevertheless (whether knowingly or unknowingly) deliver such goods in a Parcel to the Company or cause the Company to handle such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever in connection with the goods however arising.
(iv) Shipments whose transport and/or storage is subject to dangerous goods regulations; also excluded are all those goods which are not completely unrestricted according to the latest IATA and ICAO dangerous goods regulations. The Company will not carry gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidising or radioactive materials or any other noxious, dangerous or hazardous goods or goods likely to cause damage. Should the Customer or the Consignor nevertheless deliver any such goods in a Parcel to the Company or cause the Company to handle or deal with any such goods, the Customer shall be liable for any and all loss or damage caused by, or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or by any other person in whose custody they may be at the relevant time;
(v) For the EMS product, items with an actual value of over USD 199;
(vi) Shipments that are addressed to natural or legal persons which are enlisted on a sanctions lists which shall be transported to countries for which embargoes are in place;
(vii) Obscene or immoral articles, pornography;
(viii) Counterfeit goods.
h. The Shipper, whether principal or agent, warrants to the company that the content of the Shipment may be lawfully carried aboard airline, aircraft or other federally regulated carriers and is not a Prohibited Good, is properly packaged or sheathed for the purpose if necessary. Shipper further agrees to disclose true and accurate information if requested by the company. Notwithstanding any other rights of the company, Shipper shall indemnify and hold harmless the company from any all claims of third parties that may incur as a result of a transport of Prohibited Goods or other excluded or illegal goods. The contractual liability of the company on the basis of culpable conduct of the company or its agents remains unaffected.
i. The Company will refuse to offer of transportation by air any cargo shipment if the shipper does not consent to the screening of the cargo. It is explicitly agreed by the customer that accepting these terms and conditions allow screening to take place.
j. The company does not agree to carry goods that are classified
k. Shippers consent to all packages being physically searched and inspected. The company reserves the right, but is not required, to open and inspect a Shipment without prior notice to Shipper. The company reserves the right to refuse any item that by reason of danger or other character of its contents is likely, in the sole judgment of the company to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impracticable to transport, or that is improperly packed or wrapped.
l. The Company reserves the right to refuse any Parcels which are neither the property of, nor sent on behalf of, the Customer.
9. PM WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT PM KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.
10. In no event shall PM, including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not PM had knowledge that such damages might be incurred.
11. PM 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.
12. PM will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, and delay, misdelivery or nondelivery, due to the sender or the receiver not adhering to customs regulations in the country of destination. This would include but not limited to, any issues resulting from missing documentation for the import of goods, commercial invoice not meeting customs regulations or needs. For avoidance of doubt the sender and receiver are at all times responsible to ensure the goods meet the requirements to be brought into the country and Parcel Monkey in no way is responsible for the description of the goods or their suitability for import into the country.
13. Dimensional Weight (Volumetric Weight) - charges may be assessed based on dimensional weight, which is a volumetric standard. Dimensional-weight pricing is applicable on a per-package or per-shipment basis to all shipments in customer packaging. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from Parcel Monkey
14. 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:
a. The act, default or omission of any person or entity, other than PM including those of any local, state or federal government agencies.
b. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
c. Your violation of any of the terms and conditions contained in the PM Terms and Conditions, as amended or supplemented, or on an Parcel Bill of Lading , 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.
d. 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), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, 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).
e. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information.
f. Our failure to honor package-orientation graphics (e.g., “up” arrows, “this end up” markings), “fragile” labels or other special directions concerning packages.
g. 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.
h. the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities; acts or omissions of customs or other authorities; insufficient information provided by Shipper; the application of security regulations imposed by the government, or otherwise applicable to the delivery location; riots, strikes, or other labor disputes; civil commotions; disruptions in air or ground transportation networks, such as weather phenomena; and natural disasters and Force Majeure.
i. Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places as PM deems appropriate. PM will make every reasonable effort to deliver the Shipment according to PM’s regular delivery schedules, but these are not guaranteed and do not form part of the contract. PM is not liable for any damages or loss caused by delays. Shipper agrees that no time is fixed for the completion of transportation hereunder and that PM may substitute alternative carrier(s).
j. Shipper hereby accepts all terms, conditions, and provisions referred to in this Parcel Bill of Lading and the tariff(s), classifications, rates, regulations, and conditions of carriage of carrier, and the same shall be binding on Shipper, consignee and owner of the goods. Shipper guarantees payment of collect charges and advances.
k. Shipper shall indemnify and hold PM harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of Section 4 here in and the following warranties and representations: (a) all information provided by Shipper or its representatives is complete and accurate; (b) Shipper protected the Shipments against unauthorized interference during preparation, storage and transportation to PM; (c) the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; (d) all applicable Customs, import, export and other laws and regulations have been complied with; and (e) the Bill of Lading has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of the Shipper.
l. It is agreed that the liability of PM shall be limited in any event to the lesser of (a) the sum of or (b) the actual amount of loss or damage, or (c) the actual value of the document or parcel. The ìactual valueî of a document or parcel means the cost of replacing or reconstructing the same and does not include and commercial utility or special value to the Shipper or any other person. If the Shipper does not request value protection, the Shipper assumes all risk of loss or damage, except as set forth herein. REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED A SHIPMENTíS REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.
m. PM assumes no liability whatsoever for direct damages (other than as set forth herein); for consequential damages of any kind, including without limitation, loss of income, profits, markets, interest, business opportunity, use of the goods; or any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts.
n. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. Any claim by the Shipper for loss or damage shall be notified in writing to Parcel Monkey, 8601 NW 27th Street, Doral, Florida 33122. Notices shall be delivered by either personal delivery or mail. Documentation need with each claim may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, final confirmation screen if online order with proof of payment, or other records. These documents must be verifiable to our satisfaction. All claims for damage must be submitted 7 days following delivery of the goods. All claims for loss must be submitted within 14 days of the expected delivery date, failing these time periods means PM shall have no liability whatsoever. All of the original shipping cartons, packing and contents must be made available for PM’s inspection and retained until the claim is concluded. PM is not obligated to act on any claim until all shipment charges have been paid. 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. When we resolve a claim by paying full value for a shipment, we reserve the right to pick up the package for salvage, and all rights, title to, and interest in the package shall vest with us. Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage on the Parcel Bill of Lading or final delivery label is prima facie evidence that the shipment was delivered in good condition
o. The Shipper shall not assign any portion of this Agreement to a third party without prior written consent of PM. It is specifically understood and agreed that PM shall have the right to assign or subcontract any portion of this Agreement to any of its subsidiaries, affiliated companies or joint ventures without obtaining the consent of the Shipper. Any other assignment by PM shall require the Shipper’s prior written consent. Any attempted assignment in violation of this section shall be void.
p. Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.
q. The invalidity or unenforceability, of any provision shall not affect any other part of these Terms and Conditions.
15. Limitations on Legal Actions
a. 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 pursuant shall be extinguished unless you file an action within 14 days from the date of delivery of the shipment or from the date on which the shipment should have been delivered.
b. 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 Money-Back Guarantee Policy sections.
c. 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 Parcel Monkey 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.
d. 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.
e. 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.
16. Taxes and Duties
a. All taxes and duties that are due will be charged to the recipient. The sender, by agreeing to these terms and conditions, is agreeing that they acknowledge this and agree that the taxes and duties charged can be charged to the recipient.
b. The sender understands that Parcel Monkey in no way checks or validates the contents or the description of the contents provided by the customer for suitably of carriage or for importation.
c. If the recipient refuses taxes and duties the sender acknowledges that they will be responsible for the cost of returning or destroying the item and that no refunds will be given whatsoever to the initial transport and postage costs.
d. It is the sender’s responsibility to make sure all items are declared correctly and in full.
e. Declaring goods incorrectly or failing to declare goods in the parcel is a criminal offence and parcel monkey will void the shipment and have no responsibility to any claims of any type if the sender contravenes this specific requirement.
f. Any time taken for assessment of duties and taxes does not constitute part of the transit time.
g. Parcel Money will not be liable for any taxes and duties whatsoever.
h. Where there is a cost to preforming the clearance by the courier companies or postal administrations these charges will be the responsibility of the recipient in full.
i. It is the sender’s responsibility to make sure the goods that they are sending meet the requirements of the border for the country they are sending to. The sender agrees that they are fully aware of any taxes and duties that apply to that shipment and by agreeing to the terms and conditions explicitly agree that they are aware of the requirements and furthermore that they will not contravene any importation laws of that country and have confirmed that all goods in the package can legally be imported and they have all necessary resource to enable the importation of the goods. The shipper confirm that Parcel Monkey has no knowledge of the contents of their package and that Parcel monkey has no knowledge of the regulations specific to the goods and therefore cannot help in any importation matters.
Shipment Insurance can be arranged for the DHL express parcels offering on the Parcel Monkey website, although some restrictions and limitations may apply. These will depend on the destination and contents of the shipment.
DHL’s Shipment Insurance meets the general requirements for loss and damage to goods in transit. Protection is effective from the time DHL Express has control or possession of the shipment until the time of delivery. Physical loss or damage of goods is covered, subject to specific limitations and exclusions.
Limitations and exclusions
Shipment Insurance covers items in transit worldwide, although temporary restrictions may apply from time to time as a consequence of, but not limited to, political, terrorist, nuclear and war risks, or on the advice of government officials. It does not cover the following:
loss in weight or volume, or wear and tear of the shipment;
loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the shipment;
loss, damage or expense caused by inherent vice or nature of the shipment;
loss, damage or expense attributable to the willful misconduct by the customer or its agents;
loss, damage or expense caused by delay;
loss, damage or expense arising from the use of any atomic or nuclear weapon or radioactivity.
Basis of loss settlement
Cover is limited to the value declared by the shipper, replacement cost, invoice value or actual cash value whichever is the lowest. Evidence may be requested to substantiate the declared value in the event of a claim.
In the event of total loss of your shipment, with Shipment Insurance, you will also be entitled to a refund of the shipping charge. In the event of a partial loss, you will be entitled to a refund of the relevant proportion of the shipping charge.
When more than one shipment that is covered is subject to loss or damage arising from a single event, the maximum aggregate compensation for all such shipments is limited to $600.
Restrictions and Exclusions for Shipment Insurance
The Shipment Insurance program is not available for imports, exports, domestic transits or storage for the following countries:
How to make a claim
If you wish to make a claim, you should always notify Parcel Monkey Express as soon as possible, but in any event, no later than 30 calendar days from the date that DHL accepted the shipment.
In the event of delay in opening shipments at the delivery address, and when a loss of or damage to the contents is discovered, any related claim must be notified in writing to Parcel Monkey within 7 calendar days of the delivery date. It is the Receiver’s responsibility to open any shipment that shows signs of damage, immediately on arrival at the delivery address.