Shipping Insurance Policy – Terra Firma Automotive

Shipping Insurance Policy

GENERAL

By protecting a shipment and purchasing shipping insurance, Customer understands that such shipment will be protected by EasyPost Insurance up to $5,000.00 should it be lost, damaged, or stolen, subject to those exceptions and conditions detailed below.

Terra Firma Auto Group, LLC (“Terra Firma”) makes shipping insurance available to its customers subject to the terms and conditions listed below. By purchasing shipping insurance, you accept such terms and conditions (collectively, the “Agreement”).

SUBMITTING A CLAIM

Should an issue arise with a package, Customer agrees to notify Terra Firma of such issue twenty (20) days of shipping label creation. Customer understands that Terra Firma will thereafter submit a claim on Customer’s behalf to EasyPost. In order for Terra Firma to submit a claim on Customer’s behalf, Customer understands that Customer must provide Terra Firma with (a) a copy of Customer’s original invoice, (b) a note detailing damage sufficient to substantiate loss or stating package had failed to be delivered, (c) and photos displaying the damage to the product and packaging (if applicable).

Customer agrees to hold damaged items in the event they are requested during claim processing. All damaged property for which payment (not repair cost) or replacement has been requested or made, must on request, be returned to EasyPost. FAILURE TO RETAIN DAMAGE PROPERTY MAY AFFECT FINAL SETTLEMENT OF CLAIM.

CONDITIONS

1. By purchasing the shipping insurance offered by Terra Firm, Customer agrees not to file a dispute with its payment service prior to notifying Terra Firm of an issue with its package and prior to the finalization of the resulting insurance claim should a package be lost, stolen, or damaged. Should Customer file a dispute with its payment service in violation of the terms of this Agreement, Customer acknowledges and agrees that Terra Firma shall be entitled to recover from Customer all fees, costs and expenses Terra Firma may incur while defending and addressing Customer’s dispute, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

2. Terra Firma and EasyPost will not be liable if packages are not reported to Terra Firma twenty (20) days and where the related premiums had not remitted. When submitting a claim to Terra Firma and EasyPost Insurance, you waive the right to seek a claim with any other insurance provider for the same shipment. EasyPost Insurance will not cover any package that is already being processed by other carrier insurance(s). EasyPost Insurance will not process any claims which are initiated, pending, or completed by, another insurance provider.

3. All claims regarding damage are to be reported to Terra Firma within twenty (20) days of shipping label creation. All claims regarding loss are to be reported to Terra Firma twenty (20) days past shipping label creation, but no later than fifty (50) days past shipping label creation. Customer must provide Terra Firma with (a) a copy of my original invoice, (b) a note detailing damage sufficient to substantiate loss or stating package had failed to be delivered, (c) and photos displaying the damage to the product and packaging (if applicable). Customer should hold damaged items in the event they are requested during claim processing. All damaged property for which payment (not repair cost) or replacement has been requested or made, must on request, be returned to EasyPost. FAILURE TO RETAIN DAMAGE PROPERTY MAY AFFECT FINAL SETTLEMENT OF CLAIM.

4. Claims regarding loss where the carrier’s tracking records have the shipment marked as delivered will not be honored, unless documentation from the carrier is provided, which acknowledges a mistake in the tracking information, or if adequate proof is provided to support theft or mishandling.

5. Claims regarding loss or damage where the shipment is signed for will not be honored unless adequate proof is provided to support theft or mishandling.

6. For claims regarding damage, Terra Firma and/or EasyPost may request for the item to be examined and a repair quote to be issued and submitted to Terra Firma and/or EasyPost for review. If the repair service is able to restore the item to its intended condition, Terra Firma and/or EasyPost may choose to settle the claim for the value of the repair, rather than the full value of the item.

7. For claims regarding theft, stolen property or misdelivery, Terra Firma and EasyPost require (a) signature-required delivery for those shipments valued at five hundred dollars ($500) or greater and (b) valid tangible documentation and/or evidence for any claims exceeding five hundred dollars ($500). Such valid documentation and/or evidence may include, without limitation: (i) written acknowledgement of such theft, stolen property or misdelivery from the respective carrier; (ii) video footage, (iii) police report and/or (iv) other documentation and evidence. Terra Firma and EasyPost will not accept any claims for theft, stolen property or misdelivery where there is a valid signature from customer, or a customer representative, acknowledging receipt of a shipment.

8. Terra Firma and/or EasyPost may request additional documentation or information during the claim process. Additional documentation or information may be requested from the recipient, carrier, manufacturer, 3PL warehouse, or any other 3rd party along the supply chain.

9. Any covered loss will be credited by EasyPost directly to Terra Firma’s EasyPost account within thirty (30) days of claim submittal; provided that EasyPost receives (i) the claim and (ii) all required claim documentation and requested damaged goods where applicable. Terra Firma will thereafter credit Customer’s account directly for any covered loss within twenty (20) days of receipt of funds from EasyPost.

10. No suit or action for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless commenced within twelve (12) months after you discover the occurrence which gives rise to the claim, provided, however, that if by the laws of the State within which this Policy is issued, such limitation is invalid, then any such claim shall be void unless such action or suit commences with the shortest limit of time permitted by the laws of that State.

11. Banded boxes and pallets of boxes are treated as one single package.

12. If a part of a pair or set is lost or damaged, Terra Firma and EasyPost will only pay a reasonable and fair portion of the total value of the pair or set and NOT the total value.

13. This Policy is void if Customer has intentionally, fraudulently, or recklessly concealed or misrepresented any material fact or circumstance relating to this insurance.

WHAT IS NOT COVERED

Shipping Insurance does not include:

1. Loss, damage, or non-arrival of any package or its contents which (a) is addressed, wrapped, or packed insufficiently, incorrectly, or contrary to carrier's packaging requirements; or (b) bears a descriptive label or packaging which tends to describe nature of contents EXCEPT if shipped via Parcel Post and required by Postal Laws and Regulations.

2. Damage which is deemed exceedingly minor, frequently occurring, or caused by the nature of the product itself regardless of careful handling.

3. Cosmetic damages limited to the packaging where the intended good is not damaged.

4. Any package where the damage is deemed preventable had the shipment included the appropriate use of packing materials such as, but not limited to, packaging tape, bubble wrap, packing peanuts, crumpled paper, styrofoam, or mail rollers.

5. Any package shipped to (a) a prohibited country or any location that would be in violation of any U.S. economic or trade sanctions, including, without limitation, Office of Foreign Assets Control (OFAC) Restricted Countries (with such information available here) or (b) any country or any location that would be in violation of applicable U.S. and/or carrier shipping restrictions related to COVID-19 or other disease-related outbreak, as may be updated from time to time. Information can be found here.

6. Against loss or damage arising out of dishonesty on the part of the insured or insured's employees.

7. Against loss or damage caused by or resulting from: (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign poser (de jure facto), or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; (3) by an agent of any such government power, authority or forces (b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure, or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.

8. Against loss or damage caused by nuclear reaction/radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy; however, direct loss by "fire" resulting from nuclear reaction/radiation or radioactive contamination is insured against by this Policy.

9. Against loss or damage caused by Customs seizure, inspection, handling, or destruction.

10. Any package containing goods prohibited or restricted from entering the intended country of delivery.

11. Surcharges, including but not limited to: shipping costs, tariffs, seller fees, and processing fees.

WARRANTY AND DISCLAIMER

TERRA FIRMA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. EXCEPT AS SET FORTH IN THIS SECTION. THE ONLY WARRANTY PROVIDED ON ANY AUTO PART, TOOL, ACCESSORY, ETC. SOLD BY TERRA FIRMA IS THE MANUFACTURER’S WARRANTY, IF APPLICABLE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL TERRA FIRMA OR ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS AND/OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSSES, EVEN IF TERRA FIRMA HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL TERRA FIRMA BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNT PAID BY CUSTOMER FOR A LOST OR DAMAGED PACKAGE.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

GOVERNING LAW; DISPUTES

This Agreement will be governed by the laws of the State of Georgia, exclusive of its rules governing conflicts of laws. The parties agree to the exclusive jurisdiction of the state and federal courts located in Athens-Clarke County, Georgia.

ATTORNEYS’ FEES

In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.