WE WILL NOT BE LIABLE FOR ANY DAMAGES - WHETHER DIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR BY AN ACT OF GOD - IN EXCESS OF THE DECLARED VALUE OF A
SHIPMENT, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES
MIGHT BE INCURRED, INCLUDING - BUT NOT LIMITED TO - LOSS OF INCOME OR PROFITS.
We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a
result of any loss, damage, delay, mis-delivery, non-delivery, mis-information or any failure to
provide information, except such as may result from our sole negligence. We will not be liable
for, nor shall any adjustment, refund or credit of any kind be given as a result of any loss,
damage, delay, mis-delivery, non-delivery, mis-information or failure to provide information
caused by or resulting in whole or in part from:
- The act, default or omission of any person or entity other than Miramar Shipping.
- The nature of the shipment, including any defect, characteristic or inherent vice of the
shipment.
- Your violation of any of the Terms and Conditions contained in this Service Guide, as
amended from time to time - but not limited to - the improper and insufficient packaging,
securing, marking or addressing of shipments, or use of an account number that is not in
good credit standing.
- Perils of the air, public enemies, criminal acts of any person or entities, public authorities
acting with actual or apparent authority, authority of law, local disputes, civil commotions,
hazards incident to a state of war, local or national weather conditions (as determined
solely by us), national or local disruptions in air or ground transportation networks, strikes
and/or anticipated strikes (of any entity, including other carriers), natural disasters
(earthquakes, floods, hurricanes), conditions that present danger to our personnel, and
disruption or failure of communication and information systems.
- Acts or omissions of any person or entity other than Miramar Shipping including our
compliance with verbal or written delivery instructions from the sender, recipient or
persons claiming to represent the shipper or recipient.
- Loss of or damage to articles packed and sealed in packages/shipments by the sender or
by persons acting at sender's direction, provided the seal is unbroken at the time of
delivery, the package/delivery retains its basic integrity, and receipt of shipment by the
recipient without written notice of damage on the delivery record.
- Erasure of data or the loss or irretrievably of data stored on magnetic tapes, files or other
storage media; Erasure or damage of photographic images or sound tracks from exposed
film.
- Our inability to provide a copy of the delivery record or a copy of the signature obtained
at delivery.
- Our failure to honor "package orientation" graphics ("UP", "THIS END UP", "FRAGILE") or
other special instructions not explicitly provided for in this Service Guide on packaging, or
packages/shipments not in packaging approved by us prior to shipment, where such prior
approval is recommended or required herein.
- The shipment of fluorescent tubes, neon lighting, neon signs, x-ray tubes, laser tubes,
light bulbs and flat panel display screens (all types).
- Scale models, including - but not limited to - architectural models, doll houses, etc.
- Failure to provide a valid Miramar Shipping account number that is in good credit standing.
- Our failure to notify you or any delay, loss or damage in connection with your
package/delivery or any inaccuracy in such notice.
- Miramar Shipping will not be liable for packages/deliveries released without obtaining a
signature, if permission by sender has been granted to leave a package/delivery without a
signature. NOTE: Miramar Shipping will not leave packages/deliveries without being
instructed to do so.
- Performance of any services will not constitute us as shippers or anyone's agent for any
purpose.
- Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other
items whose outer finish might be damaged by adhesive labels, soiling or marking unless
placed within a protective container for shipment.
- Perishables, unless shipped in accordance with the Perishables section (under the
Restrictions section).
- If a package/delivery is refused by the recipient, leaks or is damaged, the
package/delivery will be returned to the sender. If the sender refuses to accept the
returned package/delivery or it cannot be returned because of leakage or damage due to
faulty packaging, the shipper is responsible for - and will reimburse Miramar Shipping- for
all costs and fees of any type connected with the legal disposal of the package/delivery,
plus any costs and fees of any type connected with the clean-up of any spilling or leakage.
- Our provision of advice, assistance or guidance on the appropriate packaging of
packages/deliveries does not constitute acceptance of liability, unless such advice,
assistance or guidance has been approved in writing by an officer of Miramar Shipping
and expressly accepts liability in the event of a damaged package/delivery.
- Miramar Shipping will not be liable for any package/delivery where our records do not
reflect that the package/delivery was tendered to us by the customer.
- Packages/Deliveries of any alcoholic beverages, tobacco products, plants and plant
materials.