SCOPE OF SERVICES
Marketable, LLC, dba Pink Watches (“Pink Watches”) acts as a shipper’s-agent to arrange, organize and/or manage transportation and provide ancillary services, including but not limited to U.S. export filing services (if applicable) and billing solutions. Upon request of customers, Pink Watches will also include customers’ goods for which shipper’s agent services are being performed under an insurance policy issued to Pink Watches (the “Insurance Policy”) which is underwritten by an authorized insurance company (the “Insurance Underwriter”) and produced by its insurance broker. Pink Watches is not an insurance company, customs broker or air carrier of any type. Use of Pink Watches’s services constitutes acceptance of these Terms and Conditions.
Adherence to these Terms and Conditions is a condition precedent for customers’ goods to be included and protected under the Insurance Policy.
AUTHORIZATION TO SELL
Seller hereby states that the watch, or property, he or she is selling, is theirs to sell, or they have the authority to sell it. And that the item(s), watch, watches, etc, are not stolen.
ENGAGED TRANSPORTATION CARRIERS
As the customer, you authorize Pink Watches to select and engage transportation carriers and other vendors on your behalf pursuant to their contractual terms to which you will be bound in all instances. Carriers and other vendors to whom goods are entrusted limit their liability. You may forego using the Insurance Policy and increase a carrier or vendor’s liability by declaring a value and paying an additional charge subject to their contractual terms, but you must arrange for such excess liability through Pink Watches if the transportation carrier or other vendor is engaged by Pink Watches or under Pink Watches’s account. Any declaration of value by you directly to any carrier or vendor engaged by Pink Watches or engaged under a Pink Watches affiliated account will not result in increased liability of that carrier or vendor. Pink Watches will request excess liability from the carrier or vendor on your behalf only upon your written instruction. Carriers and other vendors may refuse declared value for liability. In the absence of your written instruction to declare value with a carrier or other vendor or if any carrier or other vendor refuses declared value for liability, the goods may be tendered to carriers or other vendors subject to their liability limitations and in some instances special liability waivers, which will apply to the transportation of your goods and to which you will be bound. In the event of an instruction by you or any other party to any carrier or other vendor that conflicts with any contractual terms between Pink Watches and that carrier or other vendor, the contractual terms between Pink Watches and that carrier or other vendor shall prevail.
Rather than attempting to effect recovery against carriers under liability terms, Pink Watches protects your goods under Pink Watches’s Insurance Policy.
Although coverage under the Insurance Policy may be extended to customers’ goods, Pink Watches is the only named insured under the Insurance Policy. The Insurance Policy under which shipments are insured for physical loss and/or damage in the course of transit is extended under insuring conditions, limitations and exclusions. Pink Watches, in its sole discretion, reserves the right to decline certain shipments be included under the Insurance Policy. Confirmation of insurance eligibility and inclusion under the Insurance Policy shall only be upon your receipt of a Pink Watches issued confirmation number for each shipment.
The terms of the Insurance Policy are summarized as follows:
- Commodities: Exclusively covering jewelry, time pieces, precious metals, gemstones or other lawful goods approved in writing prior to shipment.
- Valuation: Insure your goods for selling price if sold prior to shipment or otherwise actual cash value / replacement value. You should insure for 100% value; if you understate value, you will bear the extent of deficit in the event of a partial loss. In the event you overstate value, your coverage will be limited to actual value.
- Limit of Liability: Please refer to your Certificate of Insurance for the applicable coverage limit, which shall determine your maximum coverage(s). A country-specific sublimit may also apply. The maximum coverage in all events will be limited to the amount for which you insure your goods. No customer deductible will apply unless otherwise noted in the Certificate of Insurance.
- Requirement of Signature at Delivery: Coverage applies exclusively to shipments with designated approved carriers under terms requiring adult signature upon delivery. You must not tender any shipment to a carrier under a “waiver of signature,” “release signature status” or similar service booking, agreement or arrangement with the carrier as you will void coverage under the Insurance Policy by doing so. If the consignee allows the carrier to effect delivery without signature, coverage under the Insurance Policy will be void. Except if released by the carrier without signature against your instruction, without your knowledge and as a result of exclusive fault of the carrier, no insurance claim can be made for any shipment delivered without a signature for any reason if the shipment is confirmed delivered by the carrier’s tracking information. In addition no insurance claim can be made for any shipment delivered with a signature for any reason if the shipment is confirmed as delivered by the carrier as a valid shipment.
- Duration: Confirmed coverage commences upon goods being retrieved by or tendered to Pink Watches or the designated approved carrier, as determined by carrier tracking information. Coverage continues in the course of transit and until delivery is made at the consigned destination or until the expiry of fourteen (14) days, whichever occurs first. Delivery is made when a package is signed for at the consigned location or when the package is left at the consigned location without a signature, as determined by the carrier’s tracking information. Shipments signed for by any apparent representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) at the delivery address shall be deemed delivered. Notwithstanding the foregoing, coverage may be cancelled in the course of transit in the event you, the shipper, or consignee do not cooperate or are unresponsive to facilitate or accept delivery; in such event, it is your burden to prove any loss occurred during the coverage period.
- Refused Shipments Returned: In the event of coverage and a shipment is returned to the shipper because of refusal or inability of the consignee to facilitate or accept delivery, coverage is extended until the sooner of redelivery to the shipper or the expiry of thirty (30) days from the date that the goods were retrieved by or tendered to Pink Watches or the designated approved carrier, as determined by carrier tracking information.
- Exclusions: As with all insurance, coverage under the Insurance Policy is subject to exclusions which specifically include: (I) seizure of goods; (II) war risks for domestic U.S. shipments; (III) radioactive contamination; (IV) delay; (V) inherent vice; (VI) loss of, damage to or breach of data or other non-tangible content; (VII) fraud by you, the shipper or consignee; (VIII) cyber attacks; (IX) illicit trade; (X) concealed damages and losses (within sealed packages delivered intact); (XI) mechanical/electronic derangement to used or unsealed new merchandise; (XII) damages attributable to insufficient packing; (XIII) breakage to fragile and delicate items such as those used for clocks or glassware; (XIV) false/erroneous information provided by you, the shipper or consignee; package labels being changed or revised in the course of transportation for the purpose of fraudulent redirection; and (XV) shipments being sent as a result of fraud or trick upon the customer, shipper and/or consignee (including but not limited to product orders made by imposters). Coverage under the Insurance Policy is also excluded for: (XVI) all risks of a shipment being re-routed, stopped in transit or retrieved at a point other than the original consigned delivery point pursuant to any instruction or representation to the designated approved carrier by a fraudster or imposter. C.O.D. shipments may be insured, however the C.O.D. payments are not covered and there is no coverage for the collection/return of C.O.D. payments. Consequential and indirect damages, such as loss of market, depreciation, or diminution in value as a result of repair, are not recoverable. In the event of loss or damage to pairs or sets, recovery will be limited exclusively to the item lost or damaged.
- Limited Fraud Coverage: Notwithstanding coverage exclusion numbers VII, XV and XVI under section 3(h) of the Pink Watches Terms and Conditions, and subject to all other terms herein and in the Insurance Policy, the Insurance Policy will provide coverage for risk of fraud perpetrated against you as a shipper which results in the designated approved carrier either delivering a covered shipment to an address other than the address originally consigned or releasing a covered shipment at a station of the designated approved carrier to someone other than the originally named consignee (the “Limited Fraud Coverage”). The Limited Fraud Coverage is subject to a maximum limit of $10,000 (ten thousand United States dollars) per calendar year and is extended strictly upon each of the following conditions precedent being met: (I) the designated approved carrier must be FedEx, Corp.; (II) the covered shipment must be consigned to a business address; (III) you must verify the consignee’s contact information and initiate contact with the consignee to confirm their identity and the legitimacy of the product order in advance of shipment and have proof of such contact; (IV) you must not under any circumstance release the shipment tracking number to the consignee or any third party; and (v) you must not participate or conspire in any such fraud or have advance knowledge or awareness of such fraud being perpetrated against you.
- Requirement of Inspection and Exception to Carrier at Time of Delivery: The consignee or its representative must carefully inspect the shipment immediately at time of delivery in the presence of the delivering carrier’s personnel and make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. Except for disappearance of the entire package in transit prior to delivery, failure to make written exception with the delivering carrier will preclude insurance coverage for any loss or damage which you may discover. Delivery accepted under a condition of “subject to inspection” or similar language will not constitute the required written exception.
- Claim Reporting Limitation: You should immediately report to Pink Watches in writing any loss or damage to insured goods but in order for a claim to be considered by the Insurance Underwriter you must in all events do so no later than thirty (30) days from the date on which coverage for the goods commenced, or forty-five (45) days in the event of a covered refused shipment returned.
- Claim Process: By making any claim, you warrant that you are the sole owner of such claim and that you have not released any third party from liability for the claim (including but not limited to the designated approved carrier). The Insurance Underwriter has the exclusive authority to determine all issues of insurance coverage and claim settlement. You, the shipper and consignee must all fully cooperate in providing all documentation and information pertinent to a claim, including an examination under oath if requested. Should the Insurance Underwriters dispute liability or coverage for any reason, you shall have no recourse against Pink Watches and Pink Watches shall not be under any responsibility or liability in relation thereto. Unless prohibited by applicable law, any dispute between you and the Insurance Underwriters shall be resolved by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules.
- Effect of Claim Payment: Payment of any claim shall be without precedent as to any other or future claim and shall be without prejudice to any rights, remedies or defenses inuring to the Insurance Underwriter’s benefit under the Insurance Policy and these Terms and Conditions. Upon any claim payment, the Insurance Underwriter is automatically assigned and subrogated to any and all rights of recoveries against all third parties relating to the claim, including but not limited to the designated approved carrier. You agree you will cooperate with subrogation efforts by the Insurance Underwriter and you hereby allow the Insurance Underwriter to pursue claims with, and file legal actions against, third parties in your name. All subrogation recoveries from third parties by the Insurance Underwriter shall be the sole property of the Insurance Underwriter.
- Notice of Full and Additional Terms: Under all circumstances, the terms and conditions set forth in the Insurance Policy issued to Pink Watches shall control and determine insurance coverage. To the extent any terms and conditions stated herein indicate insurance coverage excluded under the Insurance Policy, the Insurance Policy shall control and be binding as to issues of insurance coverage. The name and contact information of the Insurance Underwriter is available upon request and you may also make a written request to Pink Watches to obtain a copy of the Insurance Policy. Pink Watches reserves the right to change Insurance Underwriters and to allow insuring terms for its coverage to be modified in Pink Watches’s sole discretion at any time and without notice, provided that coverage shall always substantially adhere to the summary herein and shall absent notice be without interruption.
SHIPPING RULES & RESTRICTIONS FOR COVERAGE
In order to ship with Pink Watches and for the coverage under the Insurance Policy described herein to apply, you must be an approved customer and strictly abide by the following shipping rules and restrictions which are condition precedents for any claim recovery:
- Notify the Consignee: You must notify the consignee of the shipment and content prior to delivery and of the consignee’s obligation to give timely notice of non-receipt and to carefully inspect the shipment at time of delivery in the presence of the delivering carrier’s personnel and to make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. The consignee’s failure to do so will preclude recovery.
- Double Box: Unless otherwise authorized by Pink Watches in writing, all packages must be double boxed in new boxes and packaging and must include the tracking number on the inner box. The inner box must not be a small jewelry box which could be easily identified and/or discarded. Envelopes and packs are not eligible for coverage.
- Select a Billing Option: When preparing packages, you may use the carrier account number associated with Pink Watches, as may be provided by Pink Watches, or you may use your independent account number with the carrier if that carrier has been designated by Pink Watches as an approved carrier for your shipments.
- Package and Tender to Carrier: All packages must be properly packed and sealed to withstand the ordinary rigors of shipment. Unless otherwise authorized by Pink Watches in writing, packages must be picked up at a shipper location, handed to a carrier staff driver or taken to a carrier or Pink Watches staffed location. You must obtain a receipt for any packages dropped off at a retail location that has been authorized by Pink Watches in writing. You must not use unmanned drop boxes or any location without carrier employed personnel.
- Report Shipments to Pink Watches Same Day: You must report shipments to Pink Watches on the same day of shipping. Shipping without a Pink Watches-issued confirmation number will result in an uninsured shipment. Automated receipt of a Pink Watches confirmation number shall be adequate confirmation.
- Declare a Value for Insurance: Packages reported without a value declared for insurance shall be uninsured shipments and any recovery under liability terms will be US$100 or less.
- Do not Reveal Package Content: Unless otherwise instructed by Pink Watches in writing, you must not allow any indication of high value content to appear on a waybill, labeling or package exterior. For example, never reference brands or auction houses or use words such as “jewelry,” “watch,” “diamond,” “pearl,” or abbreviations such as DIA. This rule does not apply where international regulations require that such information be included.
- Do not Declare a Value with the Carrier: Unless otherwise instructed by Pink Watches in writing, you must never declare a value for liability or any other purpose with the approved carrier or any other vendor. Otherwise, you may void coverage under the Insurance Policy. In the event Pink Watches instructs you to declare a value with any vendor, such declaration of value shall be for purposes of security protocol and shall not result in increased liability of that vendor.
- Furnish Accurate and Complete Information: You must accurately and comprehensively provide all information and documentation necessary for Pink Watches to perform its services hereunder, upon which Pink Watches and the Insurance Underwriter will rely. Your errors or omissions in furnishing information and documentation will void insurance coverage and may result in losses and liabilities for which you will be responsible.
- Maintain Packaging: No claims for loss or damage shall be valid unless the package, inner cartons, packing and contents have been preserved until made available for inspection by Pink Watches or the Insurance Underwriter.
LIABILITY OF Pink Watches
As a shipper’s-agent in arranging, organizing and/or managing transportation and providing ancillary services, including facilitating coverage under the Insurance Policy, Pink Watches has no carriage liability and is only liable for its independent negligence, errors and omissions for which it limits its liability to US$50 per shipment in accordance with industry standards. In the event your goods are lost or damaged while in the custody of Pink Watches, liability shall be limited to US$100 per shipment unless you separately declare in writing a higher value with Pink Watches for liability purposes.
In the event of a dispute between you and Pink Watches or any affiliate or agent of Pink Watches, you agree it will be resolved under California and U.S. law by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules. As such, you, waive the right to have a trial by jury.
Arbitrations will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You must make written claim against Pink Watches within thirty (30) days of the ship date and you must make written demand to Pink Watches for arbitration within one year of the ship date, or your claim shall otherwise be time-barred.
ENTIRE AGREEMENT; CUSTOMER WARRANTY; TERMS AND CONDITIONS SUBJECT TO CHANGE
No oral modification of these Terms and Conditions is permitted and no Pink Watches employee shall have authority to orally modify these Terms and Conditions. These Terms and Conditions together with the rate sheet shall constitute the entire agreement between you and Pink Watches. You warrant all goods tendered are legally compliant for the shipment requested and that you have the authority of your company, of the shipper, of the consignee and of any third party with any interest in the goods shipped to bind them to these Terms and Conditions and you hereby do so. In preparing and making export filings and performing all other services hereunder, Pink Watches shall be entitled to rely upon the accuracy and completeness of all information provided by you and/or the shipper. Pink Watches shall have the agency authority which is hereby granted to act on behalf of the shipper, consignee and/or any other beneficial owner of the goods to make export filings and perform all other tasks reasonably necessary to perform the services. Pink Watches reserves the right to modify these Terms and Conditions from time to time and without notice.