TERMS AND CONDITIONS
PHARMACEUTICAL SHIPMENT TERMS AND CONDITIONS
1. Terms and Conditions:
These Terms and Conditions sets forth the terms, rules conditions and restrictions for all transactions through IFS Inforsure Inc. and is a part of the agreement between IFS Inforsure Inc. and its Customers or any individual or business arranging for sending or receiving shipment of Pharmaceutical Products (defined as: Pharmaceutical’s medications) through the service of IFS Inforsure Inc. (hereinafter referred to as "Customer"). Unless a separate written agreement is entered with IFS Inforsure Inc., these terms and conditions shall apply and are binding and may not otherwise be modified separately by any oral
statement of any IFS Inforsure Inc. employee or its customers. Any modification must be acknowledged in writing signed by the President of IFS Inforsure Inc.
2. Changes in Terms and Conditions:
These terms and conditions may, however, be modified from time to time by IFS Inforsure Inc., in which case the terms and conditions effective on the date of shipment shall apply.
3. Role and Responsibilities of IFS Inforsure Inc.
IFS Inforsure Inc. operates only as an insurance facilitator to its customers in the arrangement of insurance of Pharmaceuticals through a major third-party carrier approved by IFS Inforsure Inc. and insured for transit by an insurance carrier through whom IFS Inforsure Inc. maintains coverage ("Insurer").
4. Customer Rates
Customer's rates for insurance shall be as provided to Customer in writing by IFS Inforsure Inc. Rates are subject to change, including, but not limited to, changes due to annual increases by the insurer.
5. Transit Coverage Provided by Insurer:
5.1 The insurance policy issued to IFS Inforsure Inc. sets forth the scope, conditions, limitations, and conditions of coverage, which includes, but is not limited to, the Customer, shipper, and recipient's compliance with all terms and conditions set for the herein. In the event of any conflict between these Terms and Conditions, on the one hand, and the terms of the insurance policy, on the other hand, the terms of the policy shall control. The terms of the policy in effect for the claimed loss shall control.
5.2 Subject to these Terms and Conditions, including the Exclusions identified in section 6, below, the insurance policy issued to IFS Inforsure Inc. provides transit coverage for the following: I. Transit related losses, such as misdelivered, damaged shipments, lost in transit. There is no signature requirement for shipments to residential addresses. II. Losses due to spoilage caused by any and all carrier’s delay exceeding the 48-hour or 78-hour delivery window and or refusal by the customer because of carrier delays. Delays caused by weather and or mechanical conditions are included in the coverage.
5.3 Shipping to P.O. BOX address is prohibited..
6. Exclusions. WE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, 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. Additionally, the insurance policy issued by IFS Inforsure Inc. does not provide transit coverage for:
6.1 Shipments sent in violation of these Terms and Conditions and/or other applicable shipping instruction, including but not limited to, violation of instructions by IFS Inforsure Inc. or its employee.
6.2 Loss or damage caused by or resulting from insufficient or defective packing.
6.3 Claims arising from fraud either directly or indirectly, including but not limited to credit card fraud, check fraud, COD fraud, identity theft/grand, internet related fraud, or any other instance of fraud.
6.4 Unexplained and mysterious losses and shortages either at the time of shipment, delivery or during inventory checks, or shortage from a package received in good condition with unbroken seals.
6.5 Damage to any item shipped which is other than Pharmaceuticals and their supplies.
6.6 Shipments declined for coverage.
6.7 Loss or damage occurring prior to Commencement of Coverage.
6.8 Packages dropped off for collection or picked up at third party collection business and non carrier locations will not be covered, regardless of whether such packages are later collected by an approved carrier. Please Note: Third party collection businesses such as UPS Store and Postal Annex, are not approved for drop-off or pick up. Additionally, packages dropped off at unmanned collection points, such as UPS or FedEx drop boxes are not covered.
6.9 Loss or damage occurring after Termination of Coverage. Pharmaceuticals shipped by a non-IFS Inforsure Inc. approved carrier or by any non-approved method of transportation, including any portion of transit prior to Termination of Coverage.
6.10 Loss or Damage as the result of any act of war, rebellions, insurrection, terrorism, strikers, locked-out workmen, or persons taking part in labor disturbances.
6.11 Shipments made to international geographical locations not authorized for shipment by IFS Inforsure, Inc., as listed and provided by IFS Inforsure, Inc.
6.12 The trading and the use of falsified (counterfeited) medicinal products.
6.13 IFS is not responsible for: packaging the product, storage, and distribution of the product.
6.14 IFS IC is not responsible for: the safety, identity, strength, purity, and quality of the products are maintained during the transit activities.
7.1 Customer must report all claims to IFS Inforsure Inc. within 48 hours of notification to Customer of loss or damage. Failure to timely report such claim shall nullify coverage.
7.2 The Customer, Shipper must cooperate in the claim process, including providing all requested statements, information and documentation, and, if requested, participation in an examination under oath. Failure to cooperate shall nullify coverage.
7.3 All claims decisions are made by the Insurer and/or its authorized claims agent.
7.4 No claims payment may be made unless Customer has previously paid the invoiced insurance premium on the subject shipment.
8. Valuation; Commodities Covered; Coverage Amount
8.1 IFS Inforsure Inc. provides transit coverage for the transportation of Pharmaceuticals and other inventory for sale that is usual to Customer's business; such property identified which have been sold but not yet delivered.
8.2 Valuation of covered shipment at time of shipment shall be either: a) Full commercial value (Invoice value); or (b) replacement value (at cost).
8.3 In the event value is understated at time of shipment, the maximum amount paid shall be the declared insured value.
8.4 In the event value is overstated at time of shipment, the maximum amount paid shall be the actual value of loss, as determined by the lesser of either the commercial value or replacement value.
8.5 In the event of a partial loss, the claim shall be paid on a pro rata basis.
8.6 The Customer's maximum coverage/limits of liability shall be determined by Insurer and as set forth in Customer's Certificate of Insurance.
8.7 Shipments with no declared value shall not be considered insured and shall be deemed to have a maximum value of $100.
9. Commencement and Termination of Coverage
9.1 Commencement of Coverage shall be upon tender, scanning and acceptance of the package by an IFS Inforsure Inc. approved carrier, as solely determined by the tracking information received from the approved carrier.
9.2 Prior to Commencement of Coverage, IFS Inforsure Inc. reserves the right to decline coverage in its sole and absolute discretion for shipments.
9.3 All labels must be used within 15 business days from selected ship date. Insurance will automatically void after 15 business days.
9.4 All insurance only reported shipment must be used within 5 business days from selected ship date.
10. Dollar Value of Coverage:
10.1 The maximum dollar value of coverage shall be $100,000.00, unless otherwise agreed in writing.
11. Shipment and Packaging Requirements and Procedures
11.1 Customers are responsible for complying with all applicable federal, state and local laws, regulations, ordinances and rules, including, but not limited to, those governing the shipment of pharmaceuticals.
11.3 Shipments must be collected by the carrier, dropped off at a carrier location or handed to a driver of the carrier.
11.4 No shipments can be dropped in an unattended drop box.
11.5 All coverage must be reported either online by using the web shipping and coverage reporting tool, or per agreed methods such as FedEx Insight or e-mail. Shipper is always responsible to report coverage to IFS Inforsure Inc.
12. Indemnity of IFS Inforsure Inc. Customer shall indemnify, compensate, for loss, and hold IFS Inforsure Inc. and its officers harmless from any losses, including attorney's fees that result from any claims arising out of any breach by Customer of any term in these Terms and Conditions, including, but not limited to, the Customer’s failure to comply with applicable federal, state and local laws, regulations, ordinances and rules, including, but not limited to, those governing the shipment of pharmaceuticals.
13. Limitations of Liability; Limitation of Actions; and Jurisdiction
13.1 IFS Inforsure Inc. is not an insurer and is not a transportation carrier. Neither IFS Inforsure or its Officers, Directors, Employees, Representatives, or Contractors shall be personally liable for any damages resulting for any damages of any kind arising to any Pharmaceuticals whether alleged to have occurred prior to, during, or after shipment. IFS Inforsure shall be not liable for the intentional or negligent acts, or failures to act, of any transportation carrier or insurer.
13.2 IFS Inforsure Inc., and of each of its Officers, Directors, Employees, Representatives, and Contractors, shall further not be liable to Customer or to any Third Party for any direct, indirect, delay, consequential, incidental, special, or punitive damage.
13.3 IFS Inforsure, Inc. shall not be responsible for any tariffs, taxes, duties, or customs charges related to the shipped package.
13.4 To the maximum extent permitted by law, any claim against IFS Inforsure Inc. or its Officers, Directors, Employees, Representatives, and Contractors, must be brought within one year of the claim or cause of action arose or will otherwise be barred.
13.5 Any claim arising out of any shipment by or to Customer or arising out of the terms of this Agreement shall be governed by the laws of the State of California without regard to conflict of laws. All parties waive jury trial. Jurisdiction and venue shall lie exclusively with the Los Angeles Superior Court.
13.6 IFS Inforsure Inc. is not subject to the Warsaw Convention.