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These terms and conditions (“Terms”) apply to all international logistics services (“Services”) provided by Point2Point Global, LLC (“P2P GLOBAL”) to the Recipient (“Recipient”) whose name appears on the ship-address section of the Label. Recipient agrees that these Terms shall apply to each shipment of Recipient goods, packets, parcels materials (“Items”) accepted by P2P GLOBAL for shipment (“Shipment”).
P2P GLOBAL will endeavor to make delivery of Items in accordance with transit time commitments acceptance by P2P GLOBAL of Items as indicted by a waybill generated by P2P GLOBAL; provided the end recipient’s address is a non-remote or out of area address in P2P Global’s network.
Routes and Agents
P2P GLOBAL will transport Items accepted for Shipment to the destinations included in P2P GLOBAL’s destination markets. Any documents, goods, packets and parcels delivered by Recipient to P2P GLOBAL that are addressed outside P2P Global’s then-active destination markets will be returned. Unless
P2P GLOBAL otherwise expressly agrees, P2P GLOBAL will select (i) the means, routes, and procedures for receiving, handling, transporting, loading, unloading, storing, clearing, entering, delivering, distributing, or otherwise dealing with all Items, and (ii) the third parties to perform these services. All third parties utilized shall be deemed the agents of P2P GLOBAL with respect to each Shipment. Advice by P2P GLOBAL to Recipient that a particular third party has been selected to render Services shall not mean that such third party will in fact be the party that renders any such specific service.
Duties and Taxes
P2P GLOBAL will import the shipment on behalf of the recipient. The recipient authorizes P2P GLOBAL to import the shipment on their behalf. Further, Recipient agrees that P2P GLOBAL may delegate to third party clearance agents (such as customs brokers) P2P GLOBAL selects to handle any obligations with respect to import/export compliance with respect to any Items and to file and pay on behalf of Recipient address any duties, taxes and/or tariffs due on Recipient’s behalf
Recipient acknowledges and agrees that clearance to certain countries may require P2P GLOBAL to pass the recipient’s email address and phone number (and that of any requested Recipient of the consignee) in the data file to Clearance Agent, and the Recipient grants permission to P2P GLOBAL to provide such information (and any other required information) to Clearance Agents and for Clearance Agents to provide such information solely for purposes of assisting in the filings and payments required in connection with each Shipment.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, EACH PARTY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
Every Shipment is transported on a limited liability basis. P2P GLOBAL’s maximum liability for damages to or loss of any Item shall not exceed US$100 per Item. For purposes of establishing the amount of P2P GLOBAL’s liability, the value of an Item shall be determined by reference to its replacement value at the time the Shipment was made (but not more than $100). Recipient is advised to carry its own insurance for any losses or damages not expressly accepted by P2P GLOBAL. None of P2P GLOBAL, its employees, designated carriers, Customs Agents, and contractors shall have any other responsibility for any loss with respect to any Item.
NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF USE, INTERRUPTION OF BUSINESS, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF INCOME OR PROFIT, WHETHER OR NOT A PARTY HERETO KNEW OR SHOULD HAVE FORESEEN SUCH POSSIBLE DAMAGES AND WHETHER OR NOT SUCH PARTY WAS NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL P2P GLOBAL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID TO P2P GLOBAL HEREUNDER DURING THE IMMEDIATELY PRECEDING 12 MONTHS.
THE MAXIMUM AMOUNT OF P2P GLOBAL LIABILITY WITH RESPECT TO ANY SHIPMENT IS $100 PER SHIPMENT. P2P GLOBAL SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DELAY OR FAILURE TO DELIVER A SHIPMENT THAT IS BEYOND P2P GLOBAL’S CONTROL (SUCH AS ELECTRICAL OR MAGNETIC DAMAGE TO OR ERASURE OF ELECTRONIC AND PHOTOGRAPHIC IMAGES, DATA OR RECORDINGS); ANY DEFECT OR CHARACTERISTIC RELATED TO THE SHIPMENT, EVEN IF KNOWN TO
P2P GLOBAL; ANY ACT OR OMISSION BY THIRD PARTIES (E.G. SHIPPER, RECEIVER, THIRD PARTY, CLEARANCE AGENTS, OR GOVERNMENT OFFICIALS); OR FORCE MAJEURE.
Any claims by Recipient must be submitted in writing within 28 days from when the Items reached or should have reached their destination. Any files relating to claim requests must not indicate that there were any stop clock events from the carrier selected by P2P GLOBAL (e.g. Delivered, Out for Delivery, Notice Left, Undeliverable, Returned to Sender). Any claims must be submitted by Recipient in writing to claims@point2pointGlobal.com (or as otherwise directed by
P2P GLOBAL from time to time).
by the European Commission regarding the protection of EU Personal Data being exported to the United States, which clauses will then be incorporated herein.
P2P Global Customer Care is available Monday through Friday 8-5pm EST. Recipient service can be reached at email@example.com. Or by phone 978.225.8199. All inquiries will be responded to within one (1) business day.