Rates - Payment
Invoices are payable upon receipt. A $25.00 service fee will be charged on all returned checks. Any discounts applied to an order are subject to payment being received on time, where payment for a shipment has not been received within 30 days of invoice, EE has the option of recalculating all charges to those shown in the current tariff. Overdue balances are subject to interest calculated at 1.5% per month (19.6% per annum) which shall accrue and be payable to EE on all outstanding monies. This is in addition to any legal rights and remedies available to EE.

Limitations of Liability and Liabilities not Assumed
If your shipment consists of documents, our maximum liability per document is limited to the lesser of your actual damages or $100, subject to a maximum of $500.00 for the entire shipment, unless you declare a higher value, pay an additional charge, and document your actual loss as described below in "filing a claim". If your shipment is other than documents, our maximum liability is limited to the lesser of your actual damages or $500.00  unless a higher ‘declared’ value is made at the time the shipment is placed and you pay an additional premium. If you declare a higher value and pay the additional charge, our maximum liability, whether the shipment is envelopes or other items, will be the lesser of your declared value or the actual loss.

We shall not be liable for any damages, whether direct, incidental (for example, alternate carrier transportation costs), consequential (for example, loss of profits or income), or special, whether or not we knew that such damages might be incurred in any manner resulting from misdelivery, failure to deliver or delay in delivery, in excess of: (i) in the case of fundamental breach of the contract of carriage, an amount equal to our maximum liability and the amount of all freight and other charges paid hereunder (ii) in the case of delay, a refund of your transportation charges, and (iii) in any other case, an amount equal to our maximum liability.

We shall not be liable for loss, damage or delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, riots, strikes, civil commotions, a defect or inherent vice in the goods, the acts or default (including but not limited to improper or insufficient packing, securing, marking or addressing of the shipment) by the shipper, owner, or consignee of, or anyone else with an interest in the shipment or any part thereof, authority of laws, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.

We will not be liable if you or the consignee violates any of the terms of our agreement, or for loss or damage to shipments of prohibited items, including cash or currency. We cannot accept responsibility for loss, damage or delay of your shipment if caused by any carrier you have designated us to use for any portion of carriage.

Declared Value Limits
Without prior written agreement, the insured value of a shipment cannot exceed $5,000.00.

Filing a Claim
EE will not be liable for loss, damage or delay to any packages unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount of claim in respect of such loss, damage or delay is given to us in writing within 15 days from the date of your shipment. Within 90 days after you notify us of your claim, you must send us all the information you have about it. EE won’t be obligated to act on any claim until you have paid all of our charges, and you may not deduct the amount of your claim from those charges.

Responsibility for Payment
Regardless of the payment instructions you give us, you will always be primarily responsible for all delivery charges. You will also be responsible for any costs we may incur in either returning your shipment to you or warehousing it pending disposition.

Indemnity
You shall indemnify us and hold us harmless against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.

Applicable Law
This agreement and associated transactions shall be governed by and construed in accordance with the laws of the State of New Jersey.  Any action brought by a party in connection with this agreement shall be brought in the appropriate State Court in Bergen County New Jersey.