Terms and Conditions

Contract

In tendering the shipment for carriage, the shipper agrees to the Terms and Conditions of Contract contained herein.

Responsibility for Packaging
The shipper is responsible for adequately packaging all goods to protect the package and ensure safe transportation with ordinary care and handling. The shipper must label each package and further warrants that the contents of the shipment may be lawfully carried over public roads and highways and/or aboard aircraft, and is not prohibited under any applicable law or regulation. Smart Delivery® Service Inc is not responsible for concealed damage, or damage to goods not boxed or packaged properly.

Limitations on Liability and Liabilities not Assumed

For customers with established shipping accounts, Smart Delivery® Service Inc’s., or its associated companies, liability for loss or damage to your package is limited to your actual damages or $50.00, whichever is less, unless you declare a higher value at the time the order is placed, and the additional declared value charges are paid. If you declare a higher value and pay the additional charges, our liability will be the lesser of your declared value or the actual value of your package. In any event, Smart Delivery® Service Inc. will not be liable for any damages whether direct, incidental, special or consequential in excess of the declared value of a shipment, whether or not Smart Delivery® Service Inc. had knowledge that such damages might be incurred including, but not limited to loss of income or profits.

For customers needing a “one-time” shipment, billed to a credit card, and without an established shipping account, you will not be able to declare a value greater than $50.00 for any shipment.

Smart Delivery® Service Inc. will not be liable for your acts or omissions including, but not limited to improper or insufficient packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the package. Also, Smart Delivery® Service Inc. will not be liable if you or recipient violates any of the terms of this document. Smart Delivery® Service Inc. will not be liable for loss of or damage to shipments of items prohibited by law. Smart Delivery® Service Inc. will not be liable for loss, damage or delay caused by events Smart Delivery® Service Inc. cannot control, including but not limited to acts of God, perils of air, strikes, protests, weather conditions, heavy traffic, road conditions & closures, sporting events, acts of public enemies, wars, strikes, civic commotions or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.

Smart will assume no liability for loss or damage to “EXTRAORDINARY VALUE” items, which include artwork, jewelry, furs, precious metals, cash and negotiable instruments. In addition, Smart Delivery® Service Inc. will not be liable for any loss or claim due to the late delivery of a shipment.

Shipper understands that calls to or from Smart Delivery® Service Inc. may be recorded, and Shipper consents to being recorded during any and all calls with Smart Delivery® Service Inc. Shipper waives and releases Smart Delivery® Service Inc. from any liability or claim related to calls being recorded and waives any right to obtain a copy of such recording to the extent any such right exists under the law.

Filing a Claim

All claims must be made in writing within 48 hours of the delivery in which the loss or damage occurred. Claims must be made in writing along with invoice or receipt for damaged goods. If the recipient accepts your package without noting any damage on the delivery record, Smart Delivery® Service Inc. will assume that the shipment was delivered in good condition, in its entirety. In order for Smart Delivery® Service Inc. to process your claim, you must, to the extent possible, provide the original shipping cartons and packing for inspection.

Dry Run/No Load

An order which is not canceled prior to the driver’s arrival will be assessed the full delivery charge, or other appropriate charge(s) per already established shipping terms.

Sales Tax

Smart Delivery® Service Inc. is exempt by law from charging sales tax on any delivery.

COD

All COD payments are handled by already established shipping terms and agreements with each customer. Smart Delivery® Service Inc. will not be liable for any outstanding COD’s not reported within 30 days.

Invoice

All or any invoice discrepancy must be reported within 15 days of invoice date, or no adjustment can be considered.

Payments

All invoice payments are due upon receipt, unless specified on your invoice or within a master shipping agreement. Any unpaid invoice balance after the due date listed on the invoice, or after 30 days, whichever is later, will incur an additional interest charge of 1.5% per month. If any payments are returned to Smart Delivery Service Inc. due to non-sufficient funds, you will be billed $12 for each occurrence, in addition to the previously billed amount(s). Payment of an invoice is the sole responsibility of an individual or company whose account is used by any unauthorized entity.

Online Privacy

Privacy and security are at the core of our relationship with our customers. Therefore, we are committed to maintaining the confidentiality of your private information and we use the latest security technology to protect your sensitive data. We do not sell, rent or loan our customers’ names, e-mail addresses, or personal information to anyone at any time for any reason. That means the messages you receive from us will be related to automatic order and dispatch confirmation e-mails generated upon receipt of your order and perhaps occasional e-mail to notify you about special promotions or new services. The site uses visitors’ IP addresses to help diagnose problems with its web server, and to administer the site. IP addresses are not linked to personally identifiable information. The site uses cookies to save registered users’ user name and password, if they choose. The reason for this is so that registered users do not have to re-enter this information each time they visit the site. Visitors also have a choice of rejecting a saved cookie. Rejecting a cookie does not prohibit visitors from accessing and using all the services provided through the site. The site customization form requires users to submit contact information (such as their name and e-mail address). The contact information is used to contact the registered users when necessary (e.g., to confirm a shipment order). Registered users may always opt-out of receiving future mailings (see the choice/opt-out section below). The other optional information collected during registration is used to enhance the users’ experience on the site and to provide a personalized account service. Other optional information collected includes courier preferences and frequently used ship from and ship to addresses. This information is collected to save users time by not making them re-enter the data each time they visit the site. The site uses an order form for visitors to request information, products, and services. The site collects visitors’ contact information (such as their e-mail address) and financial information (such as their credit card numbers). Contact information from the order form is used to fulfill the service, and financial information is used to bill for the service, when ordered. The site collects the address of the receiving party solely for purpose of adding it to the shippers’ address book and is not shared with any outside party. The user can choose not to have the receivers’ address added to their address book simply by un-checking the “Add to Address Book” box when ordering a shipment. This site may contain links to other sites. We are not responsible for the privacy practices or the content of such websites.

Security

The site uses SSL (Secured Socket Layer) for communicating with visitors over the Web during critical phases, such as the displaying of personal or financial information or when generating a shipping label. The site also has security measures in place to protect against loss, misuse or alteration of the information under its control. All sensitive data, such as contact information or financial information requested from users, is collected over a secured channel and is stored on a highly secured system. Access to these systems is restricted to authorized users only, and is logged and monitored on a continuous basis. The physical access to these systems is also restricted.

Credit Card Security

We are not aware of any unauthorized use of a credit card as a result of using this site. Under the Fair Credit Billing Act, however, if you were to experience a problem, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges. If your credit card provider does hold you liable for any of this $50.00 amount, we will cover your entire liability up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own and only for purchases made at this site while using our secure server. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Change Your Personal Settings

The site gives registered users with established accounts the option to modify personal information and preferences they have previously provided, such as their carrier preferences, credit card information and address book entries. This is done by visiting the “Personalize Your Service” page, clicking on one of the links displayed, and updating the information as desired.

If you have any questions about this privacy statement, the practices of this site, our Terms and Conditions, or your dealings with us, please Contact Us.

Thank you from all of us at Smart Delivery® Service