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COMET DELIVERY SERVICES -
LIMITATION OF LIABILITY
In consideration of the rate charged for transporting the
shipment described above, whether consisting of one or more
packages, it is agreed that the value of such shipment is not more
than $50.00 and Comet Delivery Service's liability for any
damage to or loss or delay of shipment, irrespective of the cause,
including negligence, is limited to the lesser of $50.00 or
shipper's actual loss, unless prior to shipping a greater value is
declared and an increased charge based on such greater valuation is
paid. The limit of Comet Delivery Service's liability may be
increased up to $500.00 per shipment maximum. Comet Delivery
Services will not carry a shipment declared to have a value in
excess of $500.00 without a separate prior written agreement with
shipper. Under no circumstances will Comet Delivery Services
be liable for loss or damage caused by delay or by improperly packed
or improperly labeled shipments, or for any "special" or
"consequential" damages including, but not limited to lost interest,
profits, income, or business opportunities whether or not Comet
Delivery Services acknowledged or knew such damages may be
incurred. No employee or representative of Comet Delivery
Services is authorized to alter, vary or contradict these terms
regarding Comet Delivery Service's liability. Claims
regarding loss or damage of any kind must be made in writing to
Comet Delivery Services within 15 days of delivery of
shipment or the reasonable delivery date of such shipment if
undelivered. Failure to file such written claim shall be deemed a
waiver of the right to claim damages by such shipper. Should any
claim in any amount even if in excess of such limits of Comet
Delivery Service's liability be asserted against Comet
Delivery Services by any third party for any loss or damage to
any shipments carried hereunder, shipper agrees to indemnify
Comet Delivery Services and hold it harmless against any
damages, expense, or cost including attorney's fees, arising out of
any such claim regardless of the cause.
In order for Comet Delivery Services to have an
opportunity to specially protect shipments of particularly high
valued items such as cash, furs, jewelry, negotiable instruments,
etc., shipper agrees that no shipment of such items will be made
through Comet Delivery Services without first identifying and
declaring such items at the time shipper communicates for such
service and shipper's failure to so notify shall relieve Comet
Delivery Services from any and all liability for loss of or
damage to any such shipment, regardless of the cause. Comet
Delivery Services shall not be liable for any shipment of such
items without a prior separate written agreement with shipper.
In the event of customer's failure to pay, when due, any and all
sums owed for Delivery Services, customer hereby agrees to pay
reasonable attorney's fees and all costs of collection whether or
not suit is commenced. |