All delivery services provided by SANTA MONICA EXPRESS, INC. (SMEX 24/7) are regulated by the following provisions:
1. SANTA MONICA EXPRESS, INC. will provide pick-up and delivery service as ordered and will arrange for ground transportation.
2. SANTA MONICA EXPRESS, INC. reserves the right but not obligated to inspect and search any items tendered for shipment.
3. SANTA MONICA EXPRESS, INC. shall not be liable for any loss, damage or delay, which is a result of an act of God, public enemy, authority of law, strikes, labor dispute, riots, weather, act of shipper, acts of you or your company, act of any third person or inherent in the nature of the shipment itself.
SANTA MONICA EXPRESS, INC. shall not be liable for any loss, damage or delay which is a result of improper packaging and securing of the shipment. It is the customer or/and the shipper’s responsibility to professionally and adequately secure and wrap the shipment to prevent from damage while in transit.
4. SANTA MONICA EXPRESS, INC. assumes liability for loss or damage to each package up to a total of $250.00 not including the cost of transportation, at no additional charge.
5. Any claim by you or the shipper for loss or damage In accordance with paragraph 4 above shall be made by written notice to SANTA MONICA EXPRESS, INC., not later than 14 days after delivery of the shipment to the consignee. Any action or proceeding brought by the shipper as a result of such loss or damage shall be commenced in the Superior Court of the State of California, Los Angeles County, within 180 days after delivery of or failure to deliver the shipment to the consignee. Written notice of such claim, as aforesaid, shall be a condition precedent of such action or proceeding.
6. No Agent, Employee or Representative of SANTA MONICA EXPRESS, INC. has the authority to modify any provisions of this contract.
*Please note: All orders called in or ready after 2:30 P.M. for “same day delivery” are considered “Express”.