Service Terms and Conditions

1. The responsibility of Modern shall begin when said shipments have been delivered to Modern and shall terminate
upon delivery to the Post Office or the addressee.
2. Packaging and Marking: All packages must be prepared and packed to ensure safe transportation with ordinary care and handling. Each
package, including each within a shipment, must be legibly and durably marked with the name, address and zip code of both the shipper and
recipient. In the case of packages or letters to be delivered to the United States Post Office (the “Post Office”) for shipment by the Postal Service,
all such letters or packages shall conform to applicable Post Office regulations and shall have proper postage affixed. The term “shipment” as used
herein shall mean any one-(1) pickup or any one (1) delivery of mail or any other goods. It shall not mean each separate piece except in the case of
Registered, Insured and Certified mail, Air shipments and C.O.D.’S.
3. Shipments Not Acceptable: The following shipments will not be accepted for transportation:
(a) Money and bullion, including, but not limited to currency or paper money; coins; trading stamps; and gold/silver
bullion or dust precipitates or platinum (each included except as an integral part of electronic machinery);
(b) Any package exceeding specifications listed in the Domestic Mail Manual of the United States Postal Service;
(c) Shipments which require MODERN EXPRESS COURIER or MODERN MAIL & COURIER SERVICES (“Modern”) to obtain a Federal, State or
local license for their transportation (when Modern has elected not to comply with such requirements);
4. Declared Value: The liability of Modern with respect to shipments is limited to:
(a) The sum of $100.00 or $.50 per pound, whichever is the lesser amount, unless higher amount is declared for the shipment at the time of
tender, and a greater charge paid therefore as provided in paragraph (b);
(b) For each $100 or each fraction thereof by which the value declared for the shipment exceeds $100.00, an additional charge of $10.00
will be assessed;
(c) The maximum declared value is $500 per shipment unless a special contract for a higher amount exists with the shipper;
(d) A shipment containing the following items of extraordinary value are limited to a maximum declared value of $500 in any event;
(1) Art works including, but not limited to drawings; paintings; sculptures; porcelains and ceramics;
(2) Furs and jewelry including, but not limited to fur clothing; fur trim clothing; watches; gems or stones (precious or semi-precious);
5. Cargo Liability:
(a) The declared value of any shipment represents the maximum liability for any loss, damage, delay, misdelivery or
nondelivery, or any part thereof, caused by negligence;
(b) Exposure to perils beyond the control of Modern, such as acts of God, etc. (see “Liability Is Not Assumed”), and
to value in excess of the declared value, are not assumed by Modern. Such exposures are either assumed by the shipper or transferred to
an insurance carrier through the purchase of an insurance policy. The shipper should contact his insurance agent or broker if insurance
coverage is desired.
6. Liability Is Not Assumed: Modern shall not be liable for any loss, damage, delay, misdelivery, or nondelivery not caused by its own negligence;
or any loss, damage, delay, misdelivery or nondelivery caused by:
(1) The act, default or omission of the shipper or recipient, or any other party who claims an interest in the shipment;
(2) The nature of the shipment, or any defect, characteristic or inherent vices thereof.
(3) A violation by the shipper or recipient of any of the terms and conditions of this agreement, including, but not limited to, improper or
insufficient packing, securing, marking, or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation
or shipments acceptable only under certain conditions.
(4) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of
law, acts or omissions of customers or quarantine officials, riots, strikes, or other local disputes, civil commotion’s, hazards incidental to the state of
war, weather conditions or mechanical delay of the vehicle. Modern shall provide expeditious and efficient service, but shall not be liable in the
event of national or local disruptions in transportation or to events beyond the control of Modern such as weather, phenomena, strikes by government
or other employees or natural disasters.
(5) Acts or omissions of any persons other than Modern, including compliance with delivery instructions from the shipper or recipient.
(6) Modern shall not be liable for loss of articles loaded and sealed in packages by the shipper, provided the seal is
unbroken at the time of delivery and the package retains its basic integrity.
(7) Modern shall not be liable, in any event, for any consequential or special damages arising from transportation
subject to the rules contained in this Agreement, whether or not Modern has knowledge that such damage
might be incurred, including, but not limited to, loss of income or profits.

(a) The shipper must report written notice of loss due to damage or delay within 15 days after delivery of
the shipment.
(b) Written notice of loss due to nondelivery must be reported by the shipper within 180 days after acceptance for
(c) Written notice will be considered to have been made if the shipper calls and notifies Modern at (510) 444-MAIL
and subsequently files a written notification.
(d) Documentation of all claims other than overcharge claims must be made in writing to Modern within 90 days
after receipt of written notification and in full accordance with paragraphs (a) and (b) above.
(e) No claim for damage will be entertained until all transportation charges thereon have been paid. The amount of
a claim may not be deducted from the transportation charges.
(f ) Except as provided in paragraph (g) below, receipt of the shipment by recipient without written notification of the
damage on the delivery receipt shall be prima facie evidence that the shipment was delivered in good conditions.
(g) In case of claims for concealed damage which is not discovered at the time for delivery, the shipper shall notify
Modern in writing as promptly as possible after discovery thereof, and in any event, not later than 15 days from the date of delivery.
(1) If more than 15 days elapse between the date of the delivery of the shipment and the notice of damage by the shipper to Modern, the
shipper shall show why the damage was not discovered earlier and timely notification not given to Modern.
(2) The shipper must make the original shipping cartons and packing available for inspection by Modern.
(h) Claims for overcharges and refunds must be made in writing to Modern within 12 months of the billing date.
7. Special Services:
A. Holiday Service: The Post Office and Modern will observe the following ten legal Federal holidays; New Year’s
Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day
Columbus Day, Martin Luther King Jr. Day. Service performed on these days will be charged at Holiday
Rates (2 times regular rate) with a minimum charge of $25.00.
B. Friday after Thanksgiving: Customers who require service on the Friday after Thanksgiving will be charged at Holiday
Rates (2 times regular rate) with a minimum charge of $25.00.
C. Saturday Service: 1 ½ times regular rate- minimum charge of $25.00
D. Sunday Service: 2 times regular rate- minimum charge of $25.00
E. Night Service: Between the hours of 1830 through 0600 add 25% to the regular rate-minimum charge of $5.00.
F. Postage-due account maintenance charge: Ten percent of the amount advanced by Modern-minimum charge of $2.75.
G. Accountable mail (insured, registered, express, certified) will be charged at a rate of sixty cents ($0.60) per item
H. Overages: Each shipment includes up to 2 tubs/boxes per trip. Additional items will be charged at the rate of $1.00 each per item
8. Indemnification:
Modern will indemnify, defend, and hold client harmless against any and all liability or claimed, including attorney’s fees and other legal
expenses, arising directly or indirectly from any act or failure to act by Modern or any employee in connection with services performed
pursuant to this Agreement.
9. Assignment. Neither party may assign the Agreement without the other party’s prior written notice.
10. The parties intend that an independent contractor relationship be created by this Agreement. Modern will not represent itself as an
agent, joint venture, or partner of shipper.
11. Modern will not issue any publicity using the name of shipper, its employees or its trademarks in connection with this
agreement without the prior written consent of shipper.
12. A service charge of 5% per will be charged for any past due amount owing.
14. Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of California.

  • Contact Info

    Modern Express Courier

    750 4th Street
    Oakland, CA 94607
    Phone (800) 400-RUSH
              (510) 444-6245
              (415) 822-7874
    Fax (510) 474-1519

    General Information:
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