Shipping Insurance Terms and Conditions
Effective Date: Jan 6, 2023
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. Any package that is covered by this Certificate will be shipped in strict accordance with all regulations of the Carrier. Shipments must originate from the United States of America. Inbound/return shipments are not covered.
If you are shipping using the United States Postal Service, make sure to follow the USPS International Mail Manual rules located here. If you ship a prohibited item, there is NO COVERAGE.
In order for a package to be covered, the shipping carrier must have verified acceptance of your package for mailing. This is found on the respective tracking websites of the shipping carriers. If a shipping label is printed but not scanned by the carrier as accepted it is deemed as never been mailed and there is no coverage.
Pay special attention to the following coverage exclusions and conditions:
- Not all commodities and destinations are covered. Make sure the item(s) that you are shipping (Exclusion A) and the destination (Exclusion B) are not excluded from coverage.
- Items must not be shipped in the original manufacturers packaging or any packaging that alludes to the contents. (Exclusion E)
- All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to the seller before a claim is completed. Failure to comply can result in the denial of the claim. (Condition B, 1)
- During the claims process, a claim statement/affidavit signed by the recipient (or intended recipient) will be required. This is a form document provided by Shipsurance that allows the recipient (or intended recipient) to indicate loss or damage. (Condition B, 3, d)
- Jewelry (includes necklaces, earrings, watches, rings, bracelets, broaches, etc.) with a value of $500.00 or more must be sent with the direct or adult Signature Confirmation Service provided by the Carrier (must be signed for at delivery). (Condition E)
Definitions:
The following terms have specific meanings and appear in bold face type throughout this program:
- Carrier means the company that is transporting the package covered by this program.
- Insured means the Shipper(s), individual(s) or companies who have elected to purchase insurance through this program.
- Package means a single shipping unit and its contents. Banded boxes and pallets of boxes are considered one single package.
- Shipsurance means the agent, Shipsurance Insurance Services.
- Total Insured Value means the total value of the item(s) declared for insurance coverage. Includes the Carrier provided coverage, if any.
- We, us and our means American Bankers Insurance Company of Florida.
- Recent Invoice and Recent Appraisal means an invoice or appraisal dated within 60 days prior to the shipment date.
Coverage Limits
This insurance covers up to [$] per package. Maximum coverage per conveyance is [$]. Shipments sent via the USPS First Class service are limited to [$] in coverage, per package.
EXCLUSIONS
This program does not provide coverage for the following:
- Accounts, bills, currency, cash in transit, evidence of debt, checks, money orders, cash on delivery (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), televisions, monitors, screens, perishable cargo or similar property, eggs, any stone or ceramic slabs, automobiles, motorcycles, live animals, flowers, plants, seeds, cigarettes/cigars, cotton, tobacco, windows, plate glass, stained glass, float glass, guns and firearms (including kit for any gun or firearm), rocks (including geodes, crystals, amethyst, clusters, minerals, fossils, and similar), products that contain cannabidiol (CBD), laptop computers (including tablets computers, iPads, and similar electronics), and mobile telephones (including cell phones, smart phones, and similar).
Additionally, collectible merchandise, *collectible coins, comic books, sports cards and similar that are being shipped to be graded and have their value established are excluded. These items are not excluded if they have already been graded and have their value established or if they were sold under a paid, commercial invoice in the past seven days (before shipping) or have a Recent Appraisal.
- Shipments sent to Afghanistan, Angola, Bolivia, Burma, Congo, Cuba, Iran, Iraq, Ivory Coast (Cote d'Ivoire), Liberia, Nigeria, North Korea, Paraguay, Sierra Leone, Somalia, Sudan, Syria, Venezuela. Any location that would be in violation of any U.S. economic or trade sanctions including OFAC Restricted Countries. For shipments to Russian and other Commonwealth of Independent States countries (includes Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan) coverage ceases upon touchdown of the aircraft at the airport of destination or upon discharge from the overseas vessel at the destination discharge port.
- A package that requires a signature confirmation or signature required service that are not sent using the required signature service are excluded from coverage.
- Loss, damage, shortage, or non-arrival of any package and its contents which is addressed incorrectly or packed insufficiently to withstand the normal rigors of transit.
- Loss, damage, shortage, or non-arrival of any package and its contents when it bears a descriptive label or packaging which describes, or alludes to, the nature of the contents. This includes the manufacturer packaging. International shipments that contain customs declarations are NOT excluded from coverage.
- Loss, damage, shortage, or non-arrival of any package and the contents when it is obtained by trick, false pretense, or other fraudulent schemes.
- Loss, damage, shortage arising out of loss of market, delay, loss of use, clean-up costs, decay, inherent vice, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against or changes in temperature or humidity.
- War Exclusion, Atomic and Nuclear Exclusion:
In no case shall this program cover loss damage or expense caused by:
1) War, civil war, revolution, rebellion, insurrection, or civil strife arising from, or any hostile act by or against a belligerent power;
2) Capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences of or any attempt of;
3) Derelict mines, torpedoes, bombs, or other derelict weapons of war. In no case shall this program cover loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission, fusion or other like reaction or radioactive force or matter.
- Mechanical and Electrical Derangement or Mechanical Breakdown - Loss of or damage due to mechanical, electrical, electronic derangement or refrigerated breakdown unless there is evidence of external damage to the parcel or its packaging. Data files and installed computer programs are not covered for erasure, corruption, or loss.
- American Institute of Marine Underwriters Extended Radioactive Contamination Exclusion clause.
- American Institute of Marine Underwriters Chemical, Biological, Bio-Chemical, Electromagnetic, and Cyber Weapons Exclusion clause.
- Shipments involving illegal or controlled substances are excluded from coverage.
- Pollution
This program does not apply to any damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused.
Pollution includes the actual, alleged or potential presence in or introduction into the environment of any substance if such substance has or is alleged to have, the effect of making the environment impure, harmful, or dangerous. Environment includes any air, land, structure or the air therein, watercourse or water, including underground water. We will have no duty to defend any suit arising out of or in any way related to pollution.
- Shipments sent through owned, leased or rented vehicles that are not commercial businesses.
- Sanction Limitation and Exclusion Clause
No (re)insurer shall be required to provide cover and no (re)insurer shall be liable to pay any claim, provide any benefit or pay any other amount to the extent that the provision of all or any part of such cover, payment of such claim , benefit or other amount by the (re)insurer would cause that (re)insurer to breach any sanction, embargo rule, law, regulation, prohibition or restriction imposed by the United Nations Security Council, or any trade, embargo or economic sanctions laws or regulations of the European Union, the United Kingdom or United states of America.
- Merchandise shipped on consignment, memorandum, or approval unless shipped in fulfillment of an order. Shipments of gifts are not excluded, provided they have a pre-shipment Recent Invoice or Recent Appraisal.
- Merchandise shipped as part of a barter or trade transaction with no monetary exchange.
CONDITIONS
- CLAIM DISPUTES
This program shall be construed and interpreted in accordance with the laws of the State of California.
The parties agree that any and all claims or disputes arising out of the program or the performance of the program shall be brought in Los Angeles County, California.
The Insured agrees to INDEMNIFY AND HOLD HARMLESS Shipsurance and us 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 provided by this program and any applicable endorsements.
- CLAIM REQUIREMENTS
- 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 carrier before a claim is completed as photographs will be required. Failure to comply will result in the denial of the claim due to insufficient packing.
- 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.
- In case of loss or damage to the covered package the following must be completed:
- The Insured will file immediate notice of non-delivery, damage, or shortage with the Carrier and with Shipsurance;
- The recipient will take proper exceptions on the delivery receipt when any loss or damage is apparent at the time of delivery;
- The Insured will complete a Shipsurance claim form and provide all required documents to Shipsurance within one hundred and twenty (120) calendar days from the date of shipment. If the Carrier has liability and their remittance (Carrier’s claim check and stub) or response has not been received by the Insured within the 120 day timeframe, all other claim paperwork must be received by Shipsurance within one hundred and twenty (120) calendar days from the date of shipment.
- A complete claim submission must include a Shipsurance claim form, a copy complete claim submission must include a Shipsurance claim form, a copy of the carrier's tracer form, a copy of the invoice or recent appraisal, photos of damaged goods and packaging, a repair estimate, a claim statement signed by the recipient (or intended recipient), and any other documentation requested by Shipsurance. Additionally, due to certain proprietary fraud markers, Shipsurance may request an onsite inspection, a mail theft report, a sworn testimony, an itemized inventory, or a police report. Failure to complete the claim form and follow all claim instructions could lead to non-settlement of claim.
- If the shipment is sent by the United States Postal Service (USPS) or consolidators, complete claims must be submitted and received by Shipsurance within one hundred and twenty (120) calendar days of the shipment date. If the claim is for loss the Insured must wait twenty (20) calendar days (Domestic shipments) or 40 calendar days (International shipments) before filing claim with Shipsurance.
- Any damage to the package that was not repaired must be made available to us or Shipsurance, if requested.
- Once a claim has been accepted and approved by us, prompt payment will be made to the Insured.
- We and Shipsurance will rely on the determination of responsibility made by the original Carrier to assist in substantiating the loss.
- CONFORMITY TO STATUTE
Any provision of this program that is not in conformity with the laws of the state in which this program is issued, is amended to comply with the minimum requirements of such law.
- OTHER INSURANCE
This program is excess coverage if there is other insurance coverage. After the other insurance has paid up to its limit, our program will provide coverage up to its limit, but not exceeding the remainder of the loss.
- SIGNATURE CONFIRMATION SERVICE
Jewelry (includes necklaces, earrings, watches, rings, bracelets, broaches, etc.) with a value of $500.00 or more must be sent with the direct or adult Signature Confirmation Service provided by the Carrier (must be signed for at delivery). This service is available by most Carriers often at an additional expense to their core shipping service.
- VALUATION
We shall be liable for the Recent Invoice value of the package and its contents lost, destroyed or damaged, however, in the event there is no Recent Invoice, we shall be liable for the actual cash value of the package and its contents. Claims for repairs shall be payable for the fair market costs of such repairs. In no event shall claims exceed the Total Insured Value declared prior to shipment and declared for premium purposes.
In the event a claim payment is made to an Insured and Shipsurance subsequently determines that the insured package was delivered thereby resulting in no loss to the Insured, then the Insured agrees to promptly reimburse Shipsurance for the amount of the claim payment upon demand by Shipsurance.
Shipsurance reserves the right to disallow any user to purchase Shipsurance insurance at any time with 10 days notice.
By purchasing shipping insurance online, you certify that all information provided is accurate and truthful. The submission of a false, fictitious, or fraudulent statement may result in imprisonment of up to 5 years and a fine of up to $10,000 (18 USC 1001). In addition, a civil penalty of up to $5,000 and an assessment of twice the amount falsely claimed may be imposed (31 USC 3802). Warning: any fraudulent claims will make the shipper and/or consignee liable for any prosecution for mail fraud under federal crime code.