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 Home / Help / Policies / Shipping Contract November 24, 2017  

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Shipping Contract

Multicolour.com is contracting OneService to coordinate all shipments. OneService is a service provider and carries a specialized, global insurance policy with top rated insurance carriers to cover shipments contracted to.



  • Overview

    OneService is neither an insurance company nor agent nor a broker. OneService is neither an air carrier nor an indirect air carrier as defined by the Warsaw Convention and other similar conventions when arranging air carriage on behalf of the shipper.

    By using OneService multicolour.com are granting permission to OneService to select the appropriate carrier to deliver multicolur.com's shipment. Claim settlements are determined by the insurance carriers and NOT ONESERVICE. Shipping with OneService constitutes acceptance of the terms and conditions provided upon opening your account and applies to all representatives shipping under multicolour.com account.


  • Definitions

    "Client": The trader being a company, partnership, sole trader or other organisation or any individual, which undertakes to accept Multicolour Gems Services.

    "Partner", "Affiliate": A third-party organisation that provides Internet development, hosting and/or Internet access services and/or other services to the Multicolour Gems and/or Client.

    "Services", "Products": rough and faceted gem stones, carved stones, jewelry, equipment, newsletters other gem stone industry related fields.

    "OneService": OneService Logistics Co., Ltd, a third-party organisation that provides Multicolour Gems (multicolour.com) with the coordination of all shipments.


  • Shipping Conditions

    PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE INSURING YOUR VALUABLES WITH ONESERVICE. ALL OF THE FOLLOWING CONDITIONS MUST BE MET BEFORE A CLAIM OF LOSS OR DAMAGE WILL BE CONSIDERED

    SIGNED PACKAGES: ONCE A PACKAGE IS SIGNED FOR AT ITS DESTINATION, OUR RESPONSIBILITY IS TERMINATED ALONG WITH THE COVERAGE PROVIDED BY OUR INSURANCE CARRIERS unless the container has been properly sealed and packaged and shows evidence of tampering or damage to the container resulting in the invasion or penetration of the container at the time delivery is made to the consignee and is so noted on the receipt document and is acknowledged by OneService or its representative on that document.

    All business undertaken by OneService or any of its subsidiaries or affiliates (hereafter "OneService") is transacted subject to the following:

    1. OneService is a private contract carrier and not a common carrier.
    2. The shipper expressly warrants
      (a) That they are either the owner or the authorized agent of the owner of the property to which the transaction relates and
      (b) That they are authorized to accept these conditions not only for themselves but also as agent for and on behalf of all other persons who may become interested in the property. The shipper, consignee, and all other parties interested are bound by this contract.
    3. OneService agrees to receive and deliver in accordance with the information on the face of this contract, shipments said to contain distinctively and securely sealed parcels. OneService shall issue a receipt for the shipment, insurance confirmation number and arrange for delivery of said shipment to the address designated on the face of this contract.
    4. Shipper agrees not to conceal or misrepresent any fact or circumstance concerning the shipment. OneService will not be responsible or assume any liability for any package seized or delayed in customs because the value of the goods was improperly declared or any fact omitted or misrepresented by the shipper. It is the shipper's responsibility to understand and comply with the laws and customs regulations of the destination country.
    5. The shipper warrants that the shipment is packaged adequately to protect the enclosed property and to ensure safe transportation with ordinary care and handling and that each package is securely sealed and appropriately labeled.
    6. Prior to or at the time of tendering the shipment to OneService, shipper agrees to declare the value of the shipment on which value charges shall be based. Under no circumstance will OneService be liable for an amount exceeding the value of the shipment as declared by shipper or the actual monetary value of the property as of the date of loss, whichever is the lesser amount.
    7. The shipper must declare the full actual value of the shipment to OneService. If the shipper declares less than the full actual value, OneService will be responsible only for loss up to, but not exceeding, the declared value.
    8. If shipper fails to declare a value for any shipment received into OneService's possession, the value of such shipment for the purpose of establishing OneService' maximum liability for the shipment only shall be the lesser of
      (a) the total of all charges payable by shipper under this contract or;
      (b) USD100.00.
    9. OneService will not be liable for consequential losses or damages or for any damage to or delay of all or any part of the shipment under any circumstances. Additionally, OneService shall not be liable for non-performance or delays caused by strikes, riots, acts of God or means beyond OneService's control. OneService shall not be liable under any circumstances for loss due to war, nuclear reaction and related causes, for any shipment containing illegal or prohibited items, and negligence or willful misconduct of the shipper, its employees or agents.
    10. Written notice of claim must be received by OneService within twenty-four (24) hours after discovery of any loss or damage but in no event more than seven (7) days after delivery. Any lawsuit must be brought against OneService within six (6) months after OneService received the property. Failure to comply with either the notice of claim or suit time deadline forever bars any claim against OneService.
    11. Shipper agrees that any of the companies, persons, or entities and their employees hired by OneService to fulfill its obligations under this contract shall have the benefit of every exemption from and limitation of liability and defense to which OneService is entitled.
    12. The shipper and the consignee shall be liable, jointly and severally,
      (a) for all unpaid charges on account of a shipment pursuant to this contract, and
      (b) to pay or indemnify OneService for all claims, fines, penalties, damages, costs or other sums which may be incurred by OneService by reason of any violation of this contract or any other default of the shipper or consignee or their agents or employees.
    13. The shipper hereby grants to OneService a general lien on settled claims for sums due at any time from the shipper to OneService. OneService shall be entitled to retain possession of any settled claim amounts until all sums owing to OneService have been paid.
    14. The laws of the state or country in which the shipper executed this contract to the exclusion of the laws of any other state or country shall govern the validity of this contract, the construction of its terms, and the interpretation of the rights and duties of the parties hereto.
    15. The parties hereby expressly acknowledge that OneService is not a bailee under this contract and that OneService assumes no obligations of any kind whatsoever other than as expressly set forth in this contract.
    16. Shipper certifies that the particulars on the face hereof are correct and that insofar as any part of the consignment contains Dangerous Goods such part is properly classified and described by name and is in proper condition for carriage by air according to the applicable Dangerous Goods Regulations. Cargo items tendered for air transportation are subject to aviation security controls by air carriers and, when appropriate, by other government regulations. Copies of all relevant shipping documents showing the cargo's consignee, consignor, description, and other relevant data will be retained on file until the cargo completes its air transportation.
    17. It is understood and agreed that no liability shall attach hereunder to OneService if liability is accepted and/or recovery is affected under any other insurance policy, whether such insurance be in the name of the insured or of a third party.
    18. The sender may be required to submit, and may be required to cause all other persons involved to submit to examination under oath relative to any and all matters in connection with a claim and shall produce for examination all relevant documents. Any such examination under oath, or any act on the part of OneService or its representative in connection with the investigation of any loss or damage, shall be without prejudice to OneService.


  • Important Restrictions

    SIGNED PACKAGES: ONCE A PACKAGE IS SIGNED FOR AT ITS DESTINATION, OUR RESPONSIBILITY IS TERMINATED ALONG WITH THE COVERAGE PROVIDED BY OUR INSURANCE CARRIERS unless the container has been properly sealed and packaged and shows evidence of tampering or damage to the container resulting in the invasion or penetration of the container at the time delivery is made to the consignee and is so noted on the receipt document and is acknowledged by OneService's representative on that document.

    RESIDENTIAL, HOTEL, AND TRADE SHOW DELIVERIES: Packages signed by any representative (i.e. concierge, doorman, front desk clerk, etc.) at the intended address provided by the sender and/or their representative is considered delivered and OneService will accept no liability thereafter.

    SIGNATURE RELEASE FILES: OneService liability terminates once a package is confirmed delivered and this includes those left at an address because the recipient has a signature release on file.

    CASH, MONEY ORDERS, OR BANK NOTES OF ANY KIND: OneService assumes no responsibility for payment from recipients nor do we accept any liability for the return portion of a COD shipment as we do NOT insure notes, checks, money orders, or cash of any kind. This includes any oversight on the part of the courier including loss of funds and /or failure to collect funds by the courier for any reason whatsoever.

    NYC SHIPMENTS (Zip 10036): Shipments to zip code 10036 are restricted. You must use a designated address provided by OneService at the time of shipment for packages intended to reach addresses that fall under this zip code.

    CREDIT CARD FRAUD: No claims will be considered where losses occur directly or indirectly relating to sales and/or purchases resulting from credit card fraud. See fraud statement for penalties resulting from ALL attempts at fraudulent claims.


  • Fraud Statement

    Warning: Any fraudulent claims will make the shipper and/or consignee liable for any prosecution for mail and/or insurance fraud under federal crime code. By shipping via OneService, you certify that all information provided is accurate and truthful. The submission of a false, fictitious or fraudulent statement may result in imprisonment of up to 5 years and a fine of up to USD10,000.00 (18 USC 1001). In addition, a civil penalty of up to USD5,000.00, and an assessment of twice the amount falsely claimed may be imposed (31 USC 3802).


  • Shipping Procedures

    All of the procedures below must be met before a claim of loss or damage will be considered.

    1. Pack the shipment adequately to protect the enclosed property and to ensure safe transportation with ordinary care and handling and make sure that each package is securely sealed and appropriately labeled. Fill out the commercial invoice as completely and accurately as possible to avoid possible customs delays.
    2. Maintain accurate daily records of all shipments with OneService in such a manner that the exact amount of any declared loss or damage can be accurately determined.
    3. Insured values (USD50,000 maximum) must be declared to OneService only. If the sender is creating their own shipping label, the sender shall not list a value of any type on any external labels placed on the shipment except where international regulatory procedures require such information.
    4. When labeling the parcel, there shall be no reference to gems, jewelry, diamonds, gold, or any other valuable items on any of the external shipping documentation (e.g. labels, air waybills, box markings, etc.) except where international regulatory procedures require such information.
    5. All packages must be taken to either a OneService location or a staffed shipping facility (e.g. FedEx, UPS, DHL, Postal facility, etc.). Pick-ups are only allowed by OneService approved personnel. Pick-ups may be provided by the designated shipping courier or their appointed representative (e.g. FedEx, DHL or UPS) up to a maximum declared value of USD25,000. If at any time, the parcel is not in the possession of an authorized OneService agent or courier (international customs excepted), insurance cover immediately terminates.


 

Document Last Revised on : November 28, 2003. 03:38:13 Send questions to: info@multicolour.com.



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