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Maersk Parcel

When using the parcel delivery services (the “Services”) of Visible Supply Chain Solutions LLC d/b/a Maersk E-Commerce Logistics (“Maersk”), you (the “Shipper”) are agreeing, on your behalf and on behalf of the consignee of the Shipment (“Consignee”) and anyone else with an interest in the Shipment that these Terms of Service shall apply and govern the services of Maersk. “Shipment” means all documents or parcels that travel under a single waybill. A “Label” shall include any Shipment identifier or document produced by Maersk or Shipper automated systems such as a label, barcode, quick-response code (QR Code), or consignment documentation as well as any electronic version thereof. Every Shipment accepted for Services by Maersk is transported pursuant to these Terms of Service, provided that nothing in these Terms of Service shall obligate Maersk to accept any Shipment for Services for any particular Shipper or Shipment.

1. Shipment preparation

   Labels shall be executed electronically and shall only be produced on through Maersk-developed shipping technology or technologies developed by its designees (“Maersk Approved Technology”), which can rate, route, and execute a Label in accordance with Maersk’s specifications. No manually-created Label(s) generated from non-Maersk Approved Technology will be accepted for Services.

2. Shipment charges, fees, and payment

   Charges for Shipments are calculated according to the higher of actual or volumetric weight per piece and the distance a Shipment travels from its origin point (“Zone”). Any Package may be re-weighed and re-measured by Maersk to confirm to this calculation. Shipper will pay the shipping costs, based on Package weight and Zone (“Base Rate”) plus any additional fees associated or accessed to an individual Shipment (“Accessorial Fees The Base Rate and Accessorial Fees will be prepaid prior to Shipment label generation/execution. Shipper agrees to prefund a payment account (“Wallet located at (www.easypost.com) for the purposes of creating a Maersk Shipment label. The Wallet shall be funded in United States Dollars and funds may be transmitted into Wallet using: (a) Automated Clearinghouse (ACH); (b) a major credit; or (c) bank debit card. Shipper shall maintain a minimum balance of funds in the Wallet to satisfy the number of Labels for every Shipment. Maersk will not invoice an individual Shipper for Services.

3. Package delivery and undeliverable parcels

   Shipments cannot be delivered to a United States Postal Service’s PO Box. Shipments are delivered to the Consignee’s address given by Shipper but not necessarily to the named Consignee personally. Maersk may rely upon the apparent authority of any person at the Consignee address to accept delivery of the Shipment. Shipments to addresses with a central receiving area will be delivered to that area. Presence of any person or signature at delivery shall not be required and Maersk may otherwise establish proof of delivery at the Consignee address in satisfaction of its delivery obligations. Where Maersk requires consignee presence or signature at delivery in its discretion, Maersk may at its discretion notify Consignee of an upcoming delivery or a missed delivery. Consignee may at Maersk’s discretion be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at an alternative Maersk pickup point. If Consignee cannot be reasonably identified or located, or Consignee refuses delivery, Maersk shall use reasonable efforts to return the Shipment to Shipper at Shipper’s additional cost. If it is not possible to return the Shipment as determined by Maersk in its reasonable discretion, it may be released, abandoned, disposed, or sold without incurring any liability. Without obligation or limitation of any other remedy, Maersk may destroy any Shipment which includes any prohibited commodity or article or for which Services would violate applicable law. Shipments must comply with the following:

   1. a) A Shipment may not exceed 50 LBS.
   2. b) A Shipment may not exceed or 166 inches in length plus girth.
   3. c) The value of any Shipment may not exceed five-hundred dollars (USD 500).
   4. d) Shipments must not contain any prohibited articles or commodities absent the prior written consent of Maersk, including (but not limited to): articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold, or silver); money or negotiable instruments (such as bank checks, bonds, saving books, pre-paid credit cards, stock certificates or other securities; firearms, ammunitions and/or explosives; lithium-ion batteries or products containing lithium-ion batteries; aerosol canisters; paints; perishables; food products; plants; live animals; media with data (including but not limited to personal, health or financial data); human remains; bodily fluids; drugs; alcohol; oils; or any regulated or dangerous goods as governed or prohibited by applicable federal or state law (“Prohibited Shipments”).
   5. e) Shipments must be packed properly to withstand the ordinary rigors of transportation.
   6. f) Shipment contents must not endanger life or property during transportation.
4. Maersk Liability
   1. a) Maersk shall assume liability as a common carrier for any loss or damage to a Shipment and shall perform the Services with reasonable dispatch. Absent Shipper declaring a greater value for liability for a commensurate surcharge, the liability of Maersk for any loss or damage to a Shipment shall however arising be limited to a maximum of one-hundred United States dollars (USD 100) per Shipment. The knowledge of Maersk of the value of any Shipment and/or Shipper’s declaration of the value of the Shipment to Maersk in regular course or for any other purpose shall in no event constitute a declared value of the Shipment for liability purposes. Excepting the foregoing liability of Maersk for loss or damage to any Shipment, any liability of Maersk for any other financial loss arising from or relating to the Services including but not limited to any liability for delay of Services shall be limited to twenty-five percent (25%) of the Base Rate for the Shipment(s) giving rise to the claim subject to a maximum liability of five-thousand dollars (USD 5,000) per calendar year.
   2. b) Maersk shall have no liability for any financial loss however arising to the extent attributable to Consignee’s unavailability to deliver or refusal to accept a Shipment, denial of Services as a result of insufficient Wallet funds, insufficient Shipper or Consignee information on the Label, tender of Prohibited Shipments for Services, acts of God, natural disasters, adverse weather conditions, war risks or acts of terrorism, actions of public authorities, riots, government holds, pandemics, strikes or labor disputes, civil unrest, or disruption to Maersk’s transportation networks. Maersk shall be presumed not liable for any concealed damage(s) or shortage(s) within a Shipment delivered seal intact absent determinative evidence that such damage or loss occurred whilst in the care, custody and/or control of Maersk. Maersk shall have no liability for loss or damage to any Shipment occurring after delivery to the Consignee delivery address. Maersk may at any time and without notice to Shipper or liability re-route any Shipment, use any means of carriage, any may freely transfer any Shipment from one conveyance to another, including but not limited to transhipping or carrying any Shipment via another method than originally contemplated.
   3. c) Any liability of Maersk shall be subject to the conditions precedent of: (a) Maersk receiving written notice of claim within fourteen (14) days from the date of Shipment delivery or – in the event of non-delivery – from the date the Shipment should have reasonably been delivered; and (b) legal action being commenced against Maersk within one (1) year from the date that Maersk declines the claim in part or in full. To the extent applicable, and for good and sufficient consideration hereby acknowledged received, Customer expressly waives pursuant to 49 U.S.C. § 14101 the minimum periods for the filing of claims and civil actions, as defined under 49 U.S.C. § 14706(e)(1), and any successor statute(s).
   4. d) Maersk may freely subcontract and/or broker Services without prior notice to or consent of Shipper, provided that Maersk shall be liable to for subcontracted Services hereunder to the same extent as if Maersk performed the Services itself and Maersk represents that all Services will be arranged and/or performed in full compliance with the regulations of the Federal Motor Carrier Safety Administration, as applicable. The liability of Maersk for the Services, including as limited under these Terms of Service, shall comprise the aggregate liability of Maersk, its affiliates and contractors.
5. Shipper Representations, Warranties, and Indemnities

   Shipper shall indemnify and hold Maersk, its directors, officers, employees and agents harmless from and against any claims seeking liabilities beyond those assumed by Maersk under these Terms of Service and for any and all liabilities, losses and/or damages arising out of Shipper’s breach or violation of these Terms of Service and/or for Shipper’s failure to comply with the following additional warranties and representations:

   1. a) Shipper has the authority of all parties bearing any interest in the Shipment to accept these Terms of Service.
   2. b) Shipments shall be packed and prepared in secure premises utilizing only known and reliable persons and shall protect against unauthorized interference during preparation, storage and until time of tender for Services.
   3. c) Shipments shall comply with applicable export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions related to the transit or transfer of goods.
   4. d) Labels shall be accurate and complete including adequate contact details for both Shipper and Consignee and any markings required under applicable law.
   5. e) Shipments do not include any articles or commodities for which transportation is regulated by any public authority or which otherwise comprise a Prohibited Shipment absent prior written authorization by Maersk.
   6. f) Shipper has complied with data privacy obligations relating to any Shipment and/or Consignee particulars.
6. Claims Process and Dispute Resolution 
   1. a) Claims arising from the Services shall be timely submitted to Maersk in accordance with section 4(c) above via the Maersk electronic claims portal. Claims shall include the following information and documentation:
      For missing shipments:

      1. The recipient's name, address, and phone number
      2. Package tracking number
      3. Proof of payment
      4. Pickup/drop-off date to Maersk
      5. Number of lost items as well as total items in the shipment
      6. Screenshots of any correspondence with the recipient

      For damaged shipments:

      1. The recipient's name, address, and phone number
      2. Package tracking number
      3. Proof of payment
      4. Pickup/drop-off date to Maersk
      5. Location of drop-off
      6. Number of damaged items as well as total items in the shipment
      7. Detailed description of the damage
      8. Screenshots of any correspondence with the recipient
      9. Photos of the damaged item
      10. Photos of all the packaging used, including external packaging and any internal packing materials
      Submission of additional information and/or documentation may be required as may be reasonably requested by Maersk.
   2. b) The validity, interpretation, and construction of these Service Terms and the performance of the Services shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of New York, without regard to its principles of conflicts of laws. Any dispute arising out of these Service Terms or the Services shall be heard in a court of competent jurisdiction in New York, New York and each of the parties hereby submits irrevocably to the exclusive jurisdiction of such court. To the extent applicable, and for good and sufficient consideration acknowledged hereby, Customer expressly waives pursuant to 49 U.S.C. 14101 the venue provisions of 49 U.S.C. 14706(d) to the extent inconsistent with the foregoing. If any provision of these Service Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Service Terms.