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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SERVICE LI LVP LOW VALUE PROGRAM (LVP) SERVICES Version 01 2023

Loomis International LVP (US) LLC (“Loomis International LVP”) will not be liable for any items with a declared liability exceeding $100,000. Maximum liability will be the declared liability, subject to a limit of $100,000 per package and subject to proof of loss. Loomis International LVP will not be liable for any consequential or indirect damages. All Friday shipments will be for Saturday delivery (additional charges apply) unless indicated Monday Delivery, maximum limit of $100,000. 2nd Day delivery (shipped on Monday, Tuesday, Wednesday only), maximum limit is $25,000. Ground shipment maximum limit is $7,000. All shipments must be placed in a courier box with no mention of jewelry, diamonds, gems, jewelers or any other mention of jewelry related phrases. Insurance will terminate when the shipment is delivered to the address so stated on this manifest. Loomis International LVP will not be held liable for any shortage. Next day delivery is not guaranteed if there is weather or service delay beyond Loomis International LVP or courier control. Shipment bound International must have 3 copies of invoice attached to the outside of the box, plus one copy included inside. Shipments are governed by the Regulations of Carrier. All Business undertaken by Loomis International LVP (US) LLC or any of its subsidiaries or affiliates (hereafter “Loomis International LVP”) is transacted subject to the conditions:

    1. PROPERTY ACCEPTED: Gold and Silver Jewelry and/or other articles of jewelry, Diamonds, Precious and/or Semi - Precious Stones in whatever form of state, Bullion, Gold and/or Silver and/or Precious or Semi-Precious Metals in whatever form or state whilst in the care, custody, or control of Loomis International LVP for which a value has been declared to Loomis International LVP.

    2. Loomis International LVP is a private contract carrier and not a common carrier.

    3. The shipper expressly warrants:

    1. 1. That he is either the owner or the authorized agent of the owner of the property to which the transaction relates and
    2. 2. That he is authorized to accept these conditions not only for himself but also as agent for and on behalf of all other persons who may become interested in the property. The shipper, consignee, and all other parties interested are bound by the terms of this contract.

    4. Loomis International LVP agrees to receive and deliver in accordance with the information on the face of this contract shipments said to contain distinctively and securely sealed parcels. Shipper agrees not to conceal or misrepresent any fact or circumstance concerning the shipment. Loomis International LVP shall accept receipt for the shipment and deliver said shipment to the address designated on the face of this contract.

    5. The shipper warrants that the shipment is packaged adequately to protect the enclosed property and to ensure safe transportation with ordinary care and handling and that each package is securely sealed and appropriately labelled.

    6.

    1. (a) Prior to or at the time of tendering the shipment to Loomis International LVP, shipper agrees to declare the value of the shipment on which value charges shall be based. Under no circumstance will Loomis International LVP be liable for an amount exceeding the value of the shipment as declared or the actual monetary value of the property as of the date of the loss, whichever is the lesser amount.
    2. (b) The shipper must declare the full actual value of the shipment. If the shipper declares less than full actual value, Loomis International LVP will be responsible on for the loss up to, but not exceeding the declared value in the same proportion that the declared value bears to the full value of the shipment.

    7. Loomis International LVP will not be liable for consequential losses or damages or for any damages to or delay of all or any part of shipment under any circumstances.

    8. If shipper fails to declare a value for any shipment received into Loomis International LVP’s possession, the value of such shipment for the purpose of establishing Loomis International LVP’s maximum liability for the shipment only shall be lesser of:

    1. 1. The total of all charges payable by shipper under this contract or
    2. 2. U.S. $100.00
    3. LI LVP Version 01 2023

    9. Loomis International LVP shall not be liable for any non-performance caused by strikes, riots, terrorists or similar acts of God or other means beyond Loomis International LVP’s control. Loomis International LVP shall not be liable under any circumstances for loss due to war, nuclear reaction, terrorist’s acts, and related causes, or any shipment containing illegal or prohibited items, and negligence or willful misconduct of the shipper, its employee or agents.

    10. Loomis International LVP will not be liable for any claim for a mysterious disappearance of all or part of the content of a shipment unless the container has been properly sealed and packaged and shows evidence of tampering or damage to the container resulting in the invasion or penetration of the container at the time deliver is made to the consignee and is so noted on the receipt document and is acknowledged by Loomis International LVP’s representatives on the document.

    11. Loomis International LVP is not an insurer hereunder, Loomis International LVP shall obtain and maintain at all times during its performance of this contract insurance payable to Loomis International LVP in such amount and against such risk as shall adequately cover the liability assumed by Loomis International LVP under this contract.

    12. Loomis International LVP is not an air carrier or an indirect air carrier as defined by the Warsaw Conventions and other similar conventions when arranging air carriage on behalf of the shipper.

    13. The shipper shall declare any loss(es) to Loomis International LVP in writing within 10 days of shipment or ETA. No claim for loss or damage shall be valid unless Loomis International LVP receives notification of loss within a maximum of ten (10) working days from the date of the shipment. Any lawsuit must be brought against Loomis International LVP within six (6) months after Loomis International LVP received the property. Failure to comply with either the notice of the claim or suit time deadline forever bars any claim against Loomis International LVP.

    14. Shipper agrees that any of the companies, persons, or entities and their employees hired by Loomis International LVP to fulfill its obligation under this contract shall have the benefit of every exemption from and limitation of liability and defense to which Loomis International LVP is entitled.

    15. The shipper and the consignee shall be liable, jointly and severally. 1. For all unpaid charges on account of a shipment pursuant to this contract, and 2. To pay or indemnify Loomis International LVP for all claims, fines, penalties, damages, costs or other sums which be incurred by Loomis International LVP by reason of any violation of this contract for any other default of the shipper or consignee or their agents or employees.

    16. The shipper hereby grants to Loomis International LVP a general lien on the shipment for sums due at any time from the shipper to Loomis International LVP; and Loomis International LVP shall be entitled to retain possession of the shipment and suspend its further transit without incurring liability until all sums owing to Loomis International LVP have been paid.

    17. The laws of the state or country in which the shipper executed this contract to the exclusion of the laws of any other state or country shall govern the validity of this contract, the construction of its terms, and the interpretation of the rights and duties of the parties hereto.

    18. The parities hereto expressly acknowledge that Loomis International LVP is not a bailee of this contract and that Loomis International LVP assumes no obligation of any kind whatsoever other than as expressly set forth in this contract.

    19. Shipper certifies that the particulars on the face hereof are correct and that insofar as any part of the consignment contains Dangerous Goods such part is properly classified and described by name and is in proper condition for carriage by air according to the applicable Dangerous Goods Regulations. Cargo items tendered for air transportation are subject to aviation security controls by air carriers and, when appropriate, by other government regulations. Copies of all relevant shipping documents showing the cargo’s consignee, consignor, description, and other relevant data will be retained on file until the cargo completes its air transportation.

    20. All Checks, money orders for C.O.D. shipments will be collected at the shipper’s sole risk, including, but not limited to, all risk of nonpayment, fraud and forgery, and Loomis International LVP will not liable upon any such instrument.

    21. EXCLUSIONS: NO LIABILITY IS ACCEPTED FOR LOSS OR DAMAGE CAUSED BY OR RESULTING FROM:

    1. Delay, loss of use, loss of market, loss of any other consequential loss or damage. LI LVP Version 01 2023

    1. a. Wear and tear, any quality in the property that causes it to damage or destroy itself; hidden or latent defect; gradual deterioration; insects or rodents; corrosion, rust, dampness, dryness, cold or heat.
    2. b. War and Military action:
    3. 1. War, including undeclared or civil war, terrorist and similar acts.
    4. 2. Warlike actions by a military force, including actions in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
    5. 3. Insurrection, rebellion revolution, usurped power of action, by governmental authority in hindering or defending against any of these.
    6. c. Nuclear hazard:
    7. 1. Any weapon employing atomic fission or fusion; or
    8. 2. Nuclear reaction or radioactive contamination by any other cause. However, direct loss or damage caused by resulting fire is not excluded.
    9. d. Governmental Action: Seizure or destruction of property by order of governmental authori ty. Unless such destruction is ordered by governmental authority and taken at the time of a fire to prevent its spread.
    10. e. From the release, leakage, discharge or dispersal of “pollutants”.
    11. f. Any package that has been double-boxed. “Double-boxed” shall mean contents shall first be put in a bubble wrapped or secure container (which may then be bubble wrapped) and then placed within a container or secured container box for the carrier.
    12. g. Where a declared value is shown on the air-bill unless required by Customs regulation. This exclusion does not apply to USPS Registered Mail, or Armored Carrier.
    13. h. Any shipment delivered to unmanned and/or unstaffed collection point or drop-box. Shipments must be delivered to a manned FedEx/UPS/USPS station/DHL Express.
    14. i. Any shipments sent on a Friday unless it is specified that these be for Saturday delivery. This exclusion does not apply to U.S. Express Mail, USPS Registered Mail or Armored Carrier. Consult Loomis International LVP relative to liability for 2nd day services.
    15. j. Any incoming remote shipment sent to the Assured from any overseas location.

    22. CONDITIONS:

    1. a. It is a condition that there shall not be reference to gems, jewelry, diamonds, gold or any other valuable items on the parcels. This condition shall not apply where it is a statutory requirement otherwise to fully declare goods for shipment or a declaration must be made of contents to Customs.
    2. b. Pair and Set Clauses: It is understood and agreed that in the event of loss of or damage to any article or articles which are a set part of, the measure of loss or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set, giving consideration to importance of said article or articles, but in no event shall such loss or damage be construed to mean total loss of set.
    3. c. Loomis International LVP shall not be liable from the time of delivery drop off for parcels to a recipient for whom a “release signature” is on file with the carrier.
    4. a. Loomis International LVP shall not be liable from the time of delivery drop off for parcels to a recipient for whom a “release signature” is on file with the carrier.
    5. b. Zip Code 10036 No Restriction Max Limit $100,000
    6. c. Zip Code 90013, 90014, No Restriction Max Limit $100,000
    7. d. Zip Code 60602, 60603, No restriction, Max. Limit $100,000

    Boxes valued at $1,000 and over have to be insured by UPS/FedEx for $100.00