All Notice of Claims for which you are seeking more than $100, must be in writing. All such claims must be made within the time limits set forth below.
Notice of Claims seeking $100 or less need not be in writing, provided you call the claim into us at 877.219.7737 or toll free at 877.219.7737 and obtain confirmation. All such claims must be made within the time limits set forth below.
We must receive Notice of Claim due to damage, delay or shortage - including perishable and spoilage damage claims, due to late or delayed delivery or failure to properly collect or deliver a C.O.D. payment instrument - within 10 days after delivery of the shipment. (See Guarantee Policy for the time period to request a refund or credit of transportation charges due to untimely delivery.)
We must receive notice of all other claims - including, but not limited to - nondelivery or misdelivery within 15 days after we accept the shipment.
Your Notice of Claim must include complete shipper and recipient information, as well as the job or package tracking number, date of shipment, number of pieces, and shipment weight. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs 1 through 5, will result in your claim being denied and are prerequisites to any legal cause of action against us. Should you elect to submit a claim by telephone, you agree that our records are the sole record as to whether timely notice was provided.
Written documentation of all claims must be delivered to us within 30 days after we receive notification in accordance with paragraphs 1 through 5 above. Such documentation may include: original purchase invoices, estimates or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction. We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance.
All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.
Except as provided in the paragraph below, receipt of the shipment by the recipient - without written notice of damage on the delivery manifest - is prima facie evidence that the shipment was delivered in good condition. As a condition to our considering any claim, all the original shipping cartons, packing (inner and outer) and contents must be made available for our inspection.
In the case of a claim for concealed damage which is not discovered at the time of delivery, the sender or recipient must notify us as promptly as possible after the discovery of the damage - and in any event - no later than 7 days after the date of the delivery. In any event, the original shipping cartons, packing and contents must be made available for our inspection.
The right to damages against us under any cause of action arising from the transportation of packages pursuant to this guide shall be extinguished unless an action is brought within one year from the date of delivery or from the date which the shipment should have been delivered.
You and 1-800 Courier agree that in event of disputes or controversies as to the adequacy of packing or cause of physical damage to a shipment, such disputes or controversies shall be submitted to the arbitration of three competent persons - one appointed by each party and the third to be appointed by the other two, whose award shall be conclusive and binding on both parties. The rules and procedures for any such arbitration may be set by agreement of the parties. However, in the event that the parties are unable to agree, the arbitrators shall have authority to establish reasonable rules and procedures. Said arbitrators shall not have the authority or power to modify or alter any express condition or provision of this agreement - including those pertaining to limits of liability - or to render an award that by its terms has the effect of altering or modifying any express condition or provision of this agreement. No suit at law or in equity based on any dispute or controversy subject to arbitration under this agreement shall be instituted by either party, except to enforce the award of the arbitration. Failure by 1-800 Courier to invoke this section, in any case, is not a waiver of the terms of this section. Each party shall bear its own arbitration costs.
You agree that you will not sue as a class plaintiff or class representative, join a class as a member, or participate as an adverse party in any way in a class action lawsuit against us. However, nothing in this paragraph limits your right to bring a lawsuit as an individual plaintiff.
FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS MAY RESULT IN THE DENIAL OF A CLAIM.
Only one claim can be filed in connection with a shipment. Payment of a claim shall extinguish any right to recover in connection with a shipment.
We reserve the option to pick up salvage on damaged claims when we pay full value.
Written claims must be sent (via the United States Postal Service, or e-mail) to:
A-1 Express Delivery Service, Inc
ATTN: Claims Dept.
PO Box 467307
Atlanta, GA 31146
