Luciano Shipping Inc. Terms and Conditions for a Courier
Air and Sea Waybill for Closing and Packaging Obligations:
All shipments are subject to weight and measurement verification by Luciano Shipping and you agree to all changes in weight with or without prior notice. Additionally, all cargo is based on volumetric standards or physical weight according to the packaging of cargo or a package, thus when the dimensional weight exceeds the actual weight, the dimensional weight is used to determine fixed or variable cargo according to the shipment method or destination.
Limitation of Liability:
Considering the transport expenses for the movement of any shipment, it is agreed that the liability of the company is limited to, in all cases, a sum of less than $100.00 USD or the actual value of the documents or shipment (if insured), unless a higher value is declared in the insurance coverage of the air waybill and the additional value is contracted and paid in advance. The actual value is determined when our company accepts the shipment and excludes any special value of the shipper or any other person. The actual value of the documents for exportation or the declared value will be the cost of replacing them. The actual value of packages will be the lowest cost between repairing or replacing the contents or their resale or the fair market value of the parcel. The Warsaw Convention may further limit our liability, as the additional insurance costs are 5% of the commercial value of the invoice and paid before the cargo is paid and shipped to the Dominican Republic.
Non-Assumption of Liabilities:
We will make every reasonable effort to deliver your shipment according to our regular delivery times, however, our company is not liable for delays in the delivery and damages of any kind (whether direct, indirect, incidental, special or resultant) including but not limited to the loss of income, loss of interest, loss of business opportunity, loss of content usage, breach of other contracts, or any loss or damages caused by the nature itself of the goods, whether or not we were aware that such damages could be incurred, even if the delay is our fault, in shipment collection, transport, or delivery. Our company is not liable for its acts or omissions, including but not limited to incorrect declarations or goods, inadequate or insufficient packaging and labeling or shipment address, or for acts or omissions by the shipper or the consignee or any other person involved in the shipment.
Likewise, our company is not liable if you or the consignee violate any of the terms of our agreement. Our company is not liable for the loss or damages of shipments of cash, coins, safety devices, or other prohibited items. Our company does not accept the shipment of cash, coins or other collateral, perishable products, precious metals or precious stones. Our company is not responsible for electrical or magnetic damages, or the deletion of electronic or photographic images or recordings. Likewise, our company is not liable for the loss of a shipment, damages of a shipment or delay caused by events that we cannot control, including but not limited to acts of God, “force majeure,” acts by another company or a contracted third party, or the act or omission of any government or public authority (including but not limited to customs, health officials or postal authorities), or the omission of any entity outside of our company. Luciano Shipping Inc. reserves the right, without assuming liability, to reimburse transport expenses at its sole discretion, but it is not obliged to do so.
Absence of Guarantees:
We do not make any warranties, either express or implied. Luciano Shipping Inc. is not liable for any kind of warranty of products or equipment purchased from suppliers since our company is solely limited to the reception and shipment of goods in the same condition that they are received by the supplier through the company used as such to arrive at our offices. Luciano Shipping Inc. is not liable for the handling of any fragile item, which must be requested of the supplier for the packaging of the shipment or cargo, taking the necessary measures for this purpose. Luciano Shipping Inc. is not liable for damages or defects originating from the product or good purchased from a supplier. This must be taken into account when purchasing a fragile product or item.
Luciano Shipping Inc. is not liable for any kind of delay in the transport companies used for the shipment of the cargo or package whether by air or sea anywhere in the world.
We are not liable for delays originating from ports and airports or adverse conditions in our control. Luciano Shipping Inc. reserves the right to change its rates without prior notice. The charges for the shipment of your cargo or package will be charged in the legal tender of the country where the cargo is received, in this case the USA, in dollars. However, there are payments subject to the currency exchange of the country where your package will be delivered through a fixed price or rate. Luciano Shipping Inc. does not have exchange rates or exchange rate differentials.
All insured cargo will be paid in the official currency of the destination country and if there are exchange controls, they will be paid according to the governmental regulations of the final destination country. Luciano Shipping Inc. is a company located in the United States of America and you agree to the terms and conditions when shipping your cargo. In countries where we have a presence, the cargo is delivered to offices or transport companies that are used in the final destination country with which we have business partnerships but have no kind of liability for the purposes of claims since liability is solely limited to delivery with prior authorization of our clients. Luciano Shipping Inc. chooses the sole package delivery company for its final destination, whereof you must consult which company corresponds to each country.
Luciano Shipping Inc. is exempt of all liability once its cargo is sent by any internal shipment company within the final destination country if such is the case and you authorize as such in writing via email, since this external company will cover any losses incurred with its insurance policy in the previous contracting by the client. The user agrees to our terms and conditions once he/she registers on our web page and once he/she ships the cargo or package with Luciano Shipping Inc. company.
All cargo that remains for more than 45 continuous days in our warehouse after being notified by email will entail a fee of $35 USD, in the case of the Dominican Republic per the directory created from the entry of each cargo through tracking. For others countries, the cost is in US dollars per the monthly directory. In the second month, the cargo cannot be claimed by the user since it will be taken as part of the payment for the expenses produced from reception and storage services.
User claims for delays, loss, or lack of delivery must be made in writing through our web site claims section within ten (10) days following the date of receipt at the Miami offices. After that time, no claim can be made. No claim will be considered until all transport costs have been paid. The amount related to or exposed in any of these claims cannot be deducted from the transport costs owed to Luciano Shipping Inc.
Luciano Shipping Inc. reserves the right to inspect the packages and/or goods shipped by the Users for the purposes of determining if they comply with applicable national or international regulations, as well as the General Conditions of Carriage. The inspection does not guarantee that the shipment is liable for entering another country without infringing on the applicable customs laws in that region or in other regions that must be crossed to be delivered to the destination. All shipments considered dangerous or flammable cargo will be shipped by complying with the established regulations for their transport. In the event that a shipment containing goods and/or materials whose transport Luciano Shipping Inc. does not offer, the User will be obliged to assume all the costs for the losses and damages incurred, in addition to those derived from any public or private claim or sanction that may result as a consequence of this fact. Likewise, Luciano Shipping Inc. has the right to immediately withdraw the transport of a shipment upon knowledge that it infringes on these clauses and/or the applicable national or international regulations, without any liability for its loss or total or partial deterioration.
Luciano Shipping Inc. reserves the right to deny the transport of goods of any nature and to any person, firm or company at its sole discretion. Only those documents and packages that comply with the provisions of international postal agreements, the General Conditions of Carriage and the national or international legislation applicable to the case will be transported.
The User authorizes Luciano Shipping Inc. to charge his/her Credit Card or any other accepted payment method, all charges generated by services, special deliveries, etc., as well as the weight charges according to the applicable rate. All indicated charges, as well as additional charges established or to be established will be the responsibility of the User and according to his/her instructions, will be charged to his/her Credit Card or settled by any other payment method. If the case warrants, for payment in Dominican currency or cadivi quotas, a surcharge for its usage will be charged, for which you must consult and agree with.
