5. Claims
Liability: Carrier’s liability is limited to $2.00 per pound based on actual weight for loss or damage of goods unless the value is declared, and additional insurance is purchased. All freight must be paid before any claims can be processed and at no time will payment of freight charges be withheld due to unsettled claims. No liability will be assumed by MBW Courier Inc. for claims under $30.00.
Time to Claim: In the event of a claim for concealed damage not discovered at the time of delivery, customer must promptly provide MBW with written notice after discovery of the damage, and in any event not later than sixty (60) days after the date of delivery. All claims for loss must be made by the customer in writing within sixty (60) days of the delivery date or, in the event of non-delivery you will have six (6) months from the shipment date.
Packaging: MBW assumes no liability for any loss or damage due to improper packing or marking of shipments. Clients must protect all Items; we will not ship any packages that does not have any form of packaging or protection. MBW reserves the right to deem a package unprotected at any point in the delivery, the item will then be at shippers’ risk and no claim will be paid out.
Shippers Risk: Shipments containing glass, liquids, ceramics, items requiring temperature control, perishable items or personal items accepted by MBW will travel at the shipper’s risk on a no-value basis. MBW will not be liable for loss or damage for package and shipments deemed as Shipper’s Risk commodities.
Declared Value: In no event shall there be a declared value of more than $5,000 and any value declared more than the same will be considered invalid. The shipment value must be declared on the Bill of lading at the time of pickup and be shipped following the terms provided.
Circumstances beyond MBW’ Control: MBW assumes no liability in the event of loss, damage, delay, misdelivery, or failure to deliver a shipment due to circumstances beyond MBW’s control. These situations involve actions, mistakes, or oversights by the sender or any related party. They also encompass problems related to the nature of the shipment, incorrect markings, or address issues – even if we were aware of them when accepting the shipment. This exemption extends to Acts of God, Force majeure, civil unrest, interruptions in communication and information systems, labor strikes, or disturbances in labor operations.
Waybills: Due to the inability to scan Waybill packages, MBW will not process any loss or damage claims for these deliveries.
Loss after delivery: If the delivery photo shows that the package has made it to the destination and the GPS codes on delivery match receivers’ address, no claim will be paid.