MPC Shipping Insurance from Shipsurance - Coverage Terms for Mail & Parcel Centers

Shipping Insurance Coverage Certificate for Mail & Parcel Centers (MPC's)

INSURING AGREEMENT
We will provide the insurance described in this Certificate in return for the premium and compliance with all provisions of this Certificate including applicable endorsements and Certificate Declarations Page, which are attached to and made part of this Certificate.
COVERAGE
Coverage provided by this Certificate covers the parcel or freight and its contents from all risks of physical loss or damage from an external cause (subject to the exclusions listed below) while in transit. All parcel or freight that are 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 and/or Canada. Outbound shipments must be sent from the address of the Certificateholder. Return shipments must be received at the address of the Certificateholder. Coverage is only provided for shipments through commercial parcel or freight companies. Inbound shipments are not covered by this Certificate.
DEFINITIONS
The following terms have specific meanings and appear in bold face type throughout this Certificate:
1. Carrier means the company that is transporting the parcel or freight covered by this Certificate.
2. Certificateholder means the insured person or company whose name appears on the Certificate Declarations Page.
3. Freight means packages or shipments transported through commercial freight Carriers.
4. Insured means the Certificateholder whose name appears on the Certificate Declarations Page.
5. Parcel means packages or shipments transported through parcel carriers.
6. Policyholder means the organization named in the Certificate Declarations Page and who holds the Master Policy.
7. SHIPSURANCE means the agent, Shipsurance Insurance Services.
8. Total Insured Value means the total value of the item(s) declared for insurance coverage. Includes the Carrier provided coverage, if any.
9. We, us and our means Voyager Indemnity Insurance Company.
LIMITS OF LIABILITY
Our liability under this Certificate shall be no greater than the liability assumed under and in accordance with each Certificate issued.
PERILS INSURED AGAINST
We will pay for direct physical loss or damage to the covered parcel or freight caused by or resulting from a peril not otherwise excluded, not to exceed the applicable limit of liability shown in the Certificate Declarations Page.
EXCLUSIONS
This Certificate does not provide coverage for the following:
1. 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), LCD monitors or screens, televisions (including LCD, plasma, CRT, projection, and similar), 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.
2. 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.
3. Parcel(s) or freight that require a signature confirmation or signature required service that are not sent using the required signature service are excluded from coverage.
4. Loss, damage, shortage, or non-arrival of any parcel or freight and its contents which is addressed incorrectly or packed insufficiently to withstand the normal rigors of transit.
5. Loss, damage, shortage, or non-arrival of any parcel or freight and its contents with a total insured value of $1,000.01 and over 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.
6. Loss, damage, shortage, or non-arrival of any parcel or freight and the contents when it is obtained by trick, false pretense, or other fraudulent schemes.
7. 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.
8. War Exclusion, Atomic and Nuclear Exclusion:
  In no case shall this Certificate 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 Certificate 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.
9. 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 freight or its packaging. Data files and installed computer programs are not covered for erasure, corruption, or loss.
10. American Institute of Marine Underwriters Extended Radioactive Contamination Exclusion clause.
11. American Institute of Marine Underwriters Chemical, Biological, Bio-Chemical, Electromagnetic, and Cyber Weapons Exclusion clause.
12. Shipments involving illegal or controlled substances are excluded from coverage.
13. Commodity Specific Exclusions
  1. Jewelry (includes necklaces, earrings, watches, rings, bracelets, broaches, etc.) valued in excess of $5,000.00 per parcel, $25,000.00 per shipment (Per Conveyance Limit of Liability).
  2. Cell phones valued in excess of $2,500.00 per shipment (Per Conveyance Limit of Liability).
  3. Household Goods & Personal Effects: Valued in excess of $2,500.00 per shipment (Per Conveyance Limit of Liability). Loss or damage due to domestic or foreign animals, moths, vermin, wear and tear, and gradual deterioration. Loss or damage due to climatic or atmospheric conditions or extremes of temperatures. Shipments that are owner packed (must be professionally packed for coverage). Shipments sent without a valued itemized inventory list.
  4. Steel Products – Rust, oxidation, and discoloration. Non-crated pipe, tube, rods, beams or similar exclude the risk of bending, twisting, and end damage.
14. Pollution
  This Certificate 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.
15. Shipments sent through owned, leased or rented vehicles that are not commercial parcel businesses.
CONDITIONS
1. ASSIGNMENT
  Assignment of interest under this Certificate shall not be valid unless we give our written consent.
2. AUDIT OF BOOKS AND RECORDS
  The Certificateholder agrees to keep and maintain an accurate record of the Certificateholder’s business as it relates to this insurance. We may audit the Certificateholder’s books and records as they relate to this insurance at any time during the term of this Certificate and up to three years afterward. Failure to comply will result in the cancellation of coverage and may jeopardize settlement of outstanding claims.
3. BANKRUPTCY OR INSOLVENCY
  The bankruptcy or insolvency of the Policyholder shall not relieve us of our obligations under this Certificate.
4. CANCELLATION
  This Certificate may be canceled by the Certificateholder or SHIPSURANCE by surrendering the Certificate to us, or by mailing to us written notice stating the future date cancellation is to take effect.
  
  We may cancel this Certificate by mailing written notice of cancellation to the Certificateholder at least:
  1) Ten (10) days prior to the effective date of cancellation if this Certificate is canceled due to non-payment of premium; or
  2) Thirty (30) days prior to the effective date of cancellation if this Certificate is canceled for any other reason.
5. CLAIM DISPUTES
  This Certificate 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 Certificate or the performance of the Certificate 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 Certificate and any applicable endorsements.
6. CLAIM REQUIREMENTS
  1. 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.
  2. 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.
  3. In case of loss or damage to the covered parcel or freight the following must be completed:
    1. The Insured will file immediate notice of non-delivery, damage, or shortage with the Carrier and with SHIPSURANCE;
    2. The recipient will take proper exceptions on the delivery receipt when any loss or damage is apparent at the time of delivery;
    3. 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.
    4. A 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. Failure to complete the claim form and follow all claim instructions could lead to non-settlement of claim.
    5. 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.
  4. Any damage to parcel or freight that was not repaired must be made available to us or SHIPSURANCE, if requested.
  5. Once a claim has been accepted and approved by us, prompt payment will be made to the Insured.
  6. We and SHIPSURANCE will rely on the determination of responsibility made by the original Carrier to assist in substantiating the loss.
7. CONFORMITY TO STATUTE
  Any provision of this Certificate that is not in conformity with the laws of the state in which this Certificate is issued, is amended to comply with the minimum requirements of such law.
8. DEDUCTIBLE
  We will pay the amount of loss or damage in excess of the deductible shown in the Certificate Declarations Page. The deductible (if applicable) will be deducted from the total claim amount. The Insured is responsible for collecting any amounts from the Carrier that the Carrier may be liable for. Claims will be paid net of Carrier’s per package limitation.
9. INSPECTED AND NON-INSPECTED PACKAGES
  Parcel(s) or freight packaged by the Insured (store packed) are covered for loss and damage within the policy limits. Parcel(s) or freight that are not packed or inspected by the Insured (customer packed) are covered for loss and damage if the Total Insured Value is under $500.00. Parcel(s) or freight valued at $500.00 and above that are (customer packed) or not inspected for verification of declared content(s) and sufficient packaging by the Insured are not covered. Inspected package information must be recorded in the Insureds POS shipping system using the “Comments”, “Memo”, “Notes” or Description of Goods fields.
10. LEGAL ACTION AGAINST US
  No legal action may be brought against us unless there has been full compliance with all of the terms and conditions of this Certificate and suit is filed within one year from the date of the occurrence. No one will have the right to join us as a party to any action against the Certificateholder.
11. LIBERALIZATION CLAUSE
  If we make any revision, which would broaden the coverage under this Certificate without additional premium within sixty (60) days before or during the coverage period, the broadened coverage will immediately apply to this Certificate.
12. NO BENEFIT TO BAILEE
  The insurance afforded by this Certificate shall not benefit directly or indirectly to any carrier or other bailee.
13. NONPAYMENT OF PREMIUM
  If SHIPSURANCE does not receive payment of premium from the Insured by the date the invoice is due, SHIPSURANCE reserves the right to deny any coverage retained by the Insured until such invoice is paid in full (including any such interest accrued). If the Insured does not pay its invoice within 15 days after it is due, SHIPSURANCE reserves the right to cancel its coverage of the Insured entirely.
14. OTHER INSURANCE
  This Certificate is excess coverage if there is other insurance coverage. After the other insurance has paid up to its limit, our Certificate will provide coverage up to its limit, but not exceeding the remainder of the loss.
15. REPORTING
  1. The Certificateholder will provide SHIPSURANCE with a monthly report of parcel(s) or freight shipped and requiring coverage. This report will contain the pertinent information in regards to the parcel(s) or freight shipped and must be received by SHIPSURANCE no later than the fifth (5th) day of the following month. The information to be included on the report includes date of shipment, Carrier, insured value, and tracking number. If the reports are late or not received by SHIPSURANCE, coverage may not be valid.
  2. Freight transported through commercial freight Carriers must be reported to SHIPSURANCE no later than 24 hours after the shipment has departed the shipment origin. This report will contain the pertinent information in regards to the item(s) shipped. This includes Carrier name, commodity, insured value, pertinent tracking information and shipment departure/arrival locations. If this report is late or not received by SHIPSURANCE, coverage may not be valid.
16. REPRESENTATIONS
  By acceptance of this Certificate, the Certificateholder agrees that all statements contained in the Certificate Declarations Page are complete and accurate and are the Certificateholder’s agreements and representations, and that this Certificate is issued in reliance upon the truth of such representations.
17. TERRITORY
  Coverage applies to losses that occur during the policy period or Certificate term for all territories except those territories listed as exclusions in this Certificate.
18. TRANSFER OF RIGHTS OF RECOVERY TO US
  If we make payment under this insurance, the Certificateholder’s rights to recover damages from another are transferred to us to the extent of our payment. The Certificateholder must do everything necessary to secure our rights and must do nothing after loss to impair our rights.
  
  After the Certificateholder has been made whole, all amounts recovered by the Certificateholder from third parties for which the Certificateholder also received benefits under this Certificate, shall be paid to us by the Certificateholder up to the total amount of benefits paid by us.
19. VALUATION
  We shall be liable for the invoice value of parcel or freight lost, destroyed or damaged, however, in the event there is no invoice, we shall be liable for the actual cash value of the parcel or freight. Claims for repairs shall be payable for the fair market costs of such repairs. In no event shall claims exceed the value declared prior to shipment and declared for premium purposes.
20. WAIVER OR CHANGE OF PROVISIONS
  A waiver or change of any provision of this Certificate must be in writing by us to be valid.

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