Terms and Conditions

eShipper Insurance Terms And Conditions

eShipper Online Shipping Declared Value Insurance for Carriage Certificate Terms & Conditions

Definitions:

(eShipper): The facilitator of Declared Value Insurance between the Shipper and Insurer.

(INS): The insurance company (C M International / OmniTrans)

(Insured): The Shipper with Declared Value Coverage for Carriage Insurance.

(Shipping Carrier): The Company that is transporting the shipments covered by this Certificate.

(Total Declared Value): The total value of the item(s) declared for insurance coverage. Includes the Shipping Carrier provided coverage, if any.

Coverage:

Coverage provided by this certificate covers freight from all risks of physical loss or damage from an external cause (subject to exclusions) while in transit.

Shipments must originate from the United States of America and/or Canada .

Outbound shipments must be sent from the Certificate address listed above or as endorsed.

Inbound shipments must be received at the Certificate address listed above or as endorsed.

Coverage provided for commercial trucking, air, and ocean freight companies only - owned, leased or rented vehicles are not covered.

Please note: Insurance company claim settlements are in CAD currency only. If value is in USD currency, please convert to CAD before purchasing insurance.

Important Notice: If the amount of insurance purchased does not equal the value of the goods (under-insured). There will be a substantial, proportional shortfall in the amount recoverable in the event of a loss or damage.

Exclusions:

The following is a list of exclusions this certificate does not cover:

Household goods and personal effects are items that are used in a dwelling. These include furniture, appliances, clothing, linens and other household items that are not involved in a recent sale or under commercial invoice. Items sold on eBay or via online store are not considered household goods or personal effects as they are under commercial invoice. Also please note that the loss or shortage in a shipment which has occurred due to "dishonesty on the part of shipping carrier's employees" or "theft occuring while shipping carrier's vehicle is left unattended" will not be covered within the eshipper declared value for carriage insurance. Under such circumstances only the shipping carrier company/organization will be held responsible.

1.    Accounts, bills, currency, cash in transit, jewellery, precious stones, fine arts evidence of debt checks, money orders, COD payments, coins (collectible coins are not excluded), securities and other negotiable papers, tickets, deeds, notes, gift cards, manuscripts, documents, neon items, hazardous material (per UPS Hazardous Materials List), LCD monitors or screens, televisions (including LCD, plasma, CRT, projection, and similar), perishable cargo or similar property, eggs, any stone or ceramic slabs, automobiles, motorcycles, live animals, flowers, plants, seeds, cigarettes/cigars, cotton, guns (guns more than 100 years old are not excluded), tobacco, windows, plate glass, stained glass, float glass, and used household goods and used personal effects test.

2.   Loss, damage, shortage, or non-arrival of any parcel and its contents which is addressed or packed insufficiently to withstand the normal rigors of transit.

3.    Loss, damage, shortage, or non-arrival of any parcel and its contents when it bears a descriptive label or packaging which describes, or alludes to, the nature of the contents.

International shipments that contain customs declarations are NOT excluded from coverage

4.    Loss, damage, shortage arising out of loss of market, delay, loss of use, clean up costs, decay, inherent vies, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.

5.    War Exclusion / Atomic and Nuclear Exclusion: In no case shall this insurance cover loss damage or expense caused by (i) War, civil war, revolution, rebellion, insurrection, or civil strife arising there from or any hostile act by or against a belligerent power. (ii) Capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat. (iii) Derelict mines, torpedoes, bombs, or other derelict weapons of war. In no case shall this insurance cover loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

6.    Loss or damage due to mechanical, electrical, or electronic derangement unless there is evidence of external damage to the insured item or its packaging. Data files and installed computer programs are not covered for erasure, corruption, or loss.

7.    AIMU Extended Radioactive Contamination Exclusion clause.

8.    AIMU Chemical, Biological, Bio-Chemical, Electromagnetic, and Cyber Weapons Exclusion clause.

The following is a list of countries excluded:

1.    Libya.

2.   Iran.

3.    Iraq.

4.    Cuba.

5.    North Korea.

6.    Republic of Yugoslavia.

7.    Angola (Unita).

8.    Burma (Myanmar).

9.    Afghanistan.

10.    Sudan.

11.    Shipments to CIS nations on application.

High Risk Cargo Coverage Exclusion and Deductible:

Fragile Articles:

Glass, Mirrors, Ceramics, Porcelain Marbles and Similar interest, excluding breakage under 5% of the insured value per consignment - Deductible USD $500.00

Bagged Commodities:

Mineral powder, Nuts, Dried fruits, Seeds, Rice, Fertilizers, Resin powder and similar interest, excluding Leakage, Loss of weight, Infestation, Heating & Sweating - Deductible USD $250.00

Frozen Foods:

Frozen foods, Frozen meat and Fish, Frozen fruits, Produce and Vegetables subject to temperature control and similar interest - Deductible USD $2500.00

Conditions:

All parcels that are covered by this Certificate will be shipped in strict accordance with all regulations of the carrier and amendments thereto.

Deductible:

If a deductible exists, it will be deducted from the total claim amount. Deductibles are on a per package basis. The Insured is responsible for collecting any amounts from the Shipping Carrier that the Shipping Carrier may be liable for. Claims will be paid net of Shipping Carrier's per package limitation.

Valuation:

1.    Underwriters shall be liable for the invoice value of property lost, destroyed or damaged, however, in the event there is no invoice, underwriters shall be liable for the actual cash value of the property. Claims for repairs shall be payable for the fair market costs of such repairs.

2.    In no event shall claims exceed the value declared prior to shipment and declared for premium purposes.

Other Insurance:

1.    Underwriters are not responsible for any loss, damage, or shortage that is covered by another insurance policy or for carrier's liability.

2.   If other insurance or coverage is present on a shipment, Underwriters will only provide the excess coverage.

Claims:

1.    All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed as photographs will be required. Failure to comply can result in the denial of the claim due to insufficient packing.

2.    Concealed Damage Allows for the discovery of loss or damage up to 15 days after final delivery. The loss is deemed to have possibly occurred during the insured transit. Discovery of loss or damage occurring 16 days or later after final delivery is deemed to have occurred while the shipment was NOT in transit, and therefore, is not covered.

3.    The Insured will file immediate notice of non-delivery, damaged, or shortage with the Shipping Carrier and with eShipper. Take proper exceptions on the delivery receipt when any loss or damage is apparent at the time of taking delivery. The Insured will complete an eShipper claim form and provide all required documents to eShipper within sixty (60) calendar days from the date of shipment.

Claim Disputes:

1.    This Certificate* shall be construed and interpreted in accordance with the laws of the State of Ontario.

2.    The parties agree that any and all claims or disputes arising out of the Certificate or the performance of the Certificate shall be brought in the Province of Ontario.

3.    The Insured agrees to INDEMNIFY AND HOLD HARMLESS eShipper and Underwriters from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per this eShipper certificate or as endorsed.

Other Provisions:

1.    If eShipper does not receive payment from Insured by the date the invoice is due, eShipper reserves the right to deny any coverage retained by Insured until such invoice is paid in full (including any such interest accrued). If Insured does not pay its invoice within 15 days after it is due, eShipper reserves the right to cancel its coverage of Insured entirely.

2.    If any term or condition of this Certificate is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of any such term or condition shall not affect the validity and enforceability of the remaining terms and conditions of this Certificate.

3.    This Certificate constitutes the entire agreement between the parties with respect to the specific rights, duties, and obligations identified herein.

1.    Remittance of premium payment to eShipper constitutes acceptance of this agreement.

Please email us at claims@eShipper.com if you have any questions.

Standard procedures in case of a claim:

A written notification must be provided re: lost/damaged goods (to be sent within 60 days of the shipment date);

Customer must provide (all commercial documentation necessary to support the claim, making specific reference to the lost/damaged goods; the value of the loss/damage must be supported by the evidence contained in documents accompanying the shipment);

Delivery receipt noting exceptions;

Original Airway Bill / Bill of Lading / Shipping Instruction and carrier tracking number

Original Commercial invoice

Original packing slip

Customs forms (B3 or 7501)

Freight Invoice

Value of the loss/damage in $CAD or $USD

Photos (if available)

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