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Terms & Conditions

1.	(a)	Subject to sub-paragraph (d) below, our liability to you for loss or damage to your mail, or for delay in delivery of our mail (even if such loss, damage or delay is caused by our negligence, gross negligence, default or error or that of any of our employees, agents or contractors, or results from a fundamental breach of, or the breach of a fundamental term contained in this SLOI/waybill or in any other agreement made between us), is limited to the lesser of the actual loss or damage and $100.00 except that if you have filled in a higher “declared value” on the face of this SLOI/waybill and paid and additional charge equal to $1.75 for each additional $100.00 of declared value, our liability to you will be limited to the lesser of the higher declared value and the actual loss or damage.

(b). 	Except to the extent indicated in sub-paragraph (a) above, in no event shall we be liable or responsible, whether in contract, tort or otherwise, for any losses or damages (including, without limitation, economic losses). Whether  direct or indirect special or consequential, arising from or out of relating in any manner to the services covered by our employees, agents or contractors, or results from a fundamental breach of , or the breach of a fundamental term contained in, this SLOI/waybill or in any other agreement made between us.

Without limiting the generality of the foregoing, we shall not be liable or responsible for any amount whatsoever, including without limitation any amount referred above, whether in contract, tort or otherwise for any losses or damages (including, economic losses), of any nature or kind whatsoever whether direct or indirect, special or consequential, arising from or out of or relating in any manner to and delay in delivery or any non-delivery of any mail to be re-mailed by us, or the operation of foreign postal systems, or events that we are unable to reasonably foresee or control, without limitation, strikes, walkouts and labor troubles, inability to procure materials or services; power failures, defects or inherent vices in the mail; improper or sufficient packing, securing, marking or addressing of mail; restrictive governmental laws or regulations or the orders or directions of any administrative board, governmental department, officer or other authority; acts of public enemies, riots, insurrections, war, civil commotion, sabotage or rebellion, acts of God.

(c).	You specifically acknowledge that our services to you under this SLOI/waybill are limited to carriage by air of your mail to a specific re-mail center, and the re-mailing of your mail from such center using the postal system operated in the territory in which such re-mail center is located.  You further acknowledge that we have no control over the operation of such local postal system and therefore we cannot, and will not be liable for any loss or damage to your mail, or any delay in delivery; or non-delivery, of your mail once it has been deposited with such postal system.

(d).	You specifically acknowledge that carriage by mail of your mail to one of our re-mail centers outside of the country may be subject to the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as amended by the Protocol to Amend the said Convention, signed at The Hague, September 28, 1955 (collectively, the “Warsaw Convention”).  If carriage by air of your mail is subject to the Warsaw Convention, the liability of the air carrier for any destruction or loss of, or damage to, your mail, or for any delays in the carriage by air of your mail, may be limited in the circumstances described in the Warsaw Conventions.  In the event that the air carriers liability is limited by virtue of the Warsaw Convention our liability to you, in the circumstances described in paragraph 1 above, will be the lesser of (i) the amount in which the air carrier is liable to us and (ii) the amount to which you may be entitled to pursuant to paragraph 1 above.

2.	Notice of Loss or Damage – Despite paragraph 1, we shall have no liability whatsoever to you unless you have paid all charges in connection with the services covered by this waybill and have given to us notice of your claim setting out particulars of the origin, destination, date of shipment, sample of addresses and the estimated amount claimed, within 30 days after the shipment. Any attempt for cost recovery must be brought within six months of the date of delivery of is time barred regardless of any statute of limitation or other similar legislative or administrative act or proclamation which would grant a time period in excess of one year.

3.	Declared Value Limits- Unless you have filled in a higher declared value on the face of this SLOI/waybill, the maximum declared value for any mail covered by this waybill is $100.00

4.	Indemnification – You agree to indemnify and hold us harmless in respect of any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties, demands, suits, judgments, causes of action, legal proceeding, penalties or other sanctions and any and all costs and expenses arising in connection therewith including legal fees and disbursements on a solicitor and client basis (including, without limitation, all such legal fees and disbursements in connection with any and all appeals), which may in any way result from or arise out of or be in relation to the services covered by this SLOI/waybill.

5.	Severability – All provisions of this SLOI/waybill shall be severable and no provision hereof shall be affected by the invalidity of any other provision except to the extent that such invalidity also renders such a provision invalid.  In the event that any provision of this SLOI/waybill is contrary to any law, the remaining provisions contained in this SLOI/waybill shall continue to apply as if such unlawful provision were not contained in this SLOI/waybill.

6.	Applicable Law -  This SLOI/waybill shall be construed in accordance with the laws of State of California and the laws of United States applicable-in the State of California and shall be treated in all respects as a California contract.  You irrevocably agree to the jurisdiction of the courts of California.

7.	Entire Agreement – This SLOI/waybill and any written agreements and documents between us relating to the services covered by this waybill constitute the entire agreement between us with respect to such services and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, between us.  There are no representations, warranties, or other agreements whether oral or written between us.  There are no representations, warranties, or other agreements, whether oral or written, between us in connection with the said services except as specifically set out on this SLOI/waybill or other written agreement or document between us relating to the said services.

8.	Calculation of Time – When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference date in calculating such period shall be excluded.  Multiple Counterparts – This SLOI/waybill may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

9. Inspection - VistaPost LLC has the right to open and inspect a Shipment without prior notice to     Shipper.
10. Payments are due as stated from the date on the final invoice for services.  Customer shall pay    interest at a rate of one and one-half percent (1.5%) per month on the unpaid balances.

 11. Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND VISTAPOST LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "VISTAPOST LLC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), VISTAPOST LLC's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and VISTAPOST LLC. NEITHER CUSTOMER NOR VISTAPOST LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. VISTAPOST LLC will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
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