All shipments tendered to Quicksilver Express Courier (QEC) for transportation will be contained in securely fastened and properly addressed packages, container or mail bags conforming to applicable United States Post Office rules and regulations, and regulations applicable to private express shipments. Package shall not contain contraband or other illegal materials. All computer tapes, disks, and other items subject to, magnetic or electronic damage, will be contained in suitable protective packaging clearly marked with an appropriate warning.

The responsibility of QEC will commence upon delivery of a shipment to QEC and will end upon delivery to addressee, consignee, or the United States mails, whichever occurs first.

QEC will not be liable for any loss or damage caused by:

a. strike, labor disputes, perils of the air, weather conditions, mechanical failures, acts or omissions of public authorities, acts of God or any other occurrence beyond its control, or;

b. the act, default, or omission of the shipper, addressee, or any other party with an interest in the shipment of any person other than QEC or its agents, including, without limitation, government officials and Postal Service employees.

With respect to shipments to be delivered to or picked up from the United States mails, the liability of QEC resulting from loss or damage shall in no event exceed $1000 or $0.50 per pound, whichever is less. The term “shipment” as used in this paragraph means, each package, bag, or container of items, to be delivered or picked up.

With respect to all other shipments, the liability of QEC for loss or damage will be as follows:

a. with respect to printed materials, including letters, checks, drafts, money orders, other bank-related media, securities, transit items, sales, audit items, business records, audit media, tabulation cards, data processing materials, legal documents, and any other printed materials, the liability of QEC will be limited to the reasonable cost of reproduction or duplication, of the physical item. This is not to exceed $50 per item, subject to a $2,000 per occurrence limit; provided, however, that QEC shall not be liable for any such costs unless shipper has notified QEC in advance, of the reproduction or duplication of lost or damaged items, and;

b. QEC will not be liable for any loss or damage (including, but not limited to erasure) to any electronic or magnetic tape, disk or similar item which exceeds the value of the blank physical item itself. In such event, QEC liability shall be limited to a maximum of $1000 or $0.50 per pound, whichever is less, as defined in paragraph 4 above, unless specified otherwise in a separate agreement, and;

c. QEC’s liability for loss or damage to items having unusual or idiosyncratic value, such as works of art, jewels, furs, photographs or the like, shall not exceed $1000 or $0.50 per pound, whichever is less, defined in paragraph 4 above, unless specified otherwise in a separate written agreement, and;

d. QEC’s liability for loss or damage to optical equipment, electronic or mechanical equipment, including such items as radios, cameras, computer equipment, or other similar items, shall not exceed $1000 or $0.50 per pound, whichever is less, explained in paragraph 4 above, unless specified otherwise in a separate written agreement.

QEC SHALL NOT BE LIABLE IN ANY CASE FOR DELAY IN DELIVERY OR FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER OR NOT QEC KNEW, OR SHOULD HAVE KNOWN, THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, LOSS OF PRODUCTION, INCREASE IN EXPENSE, INTEREST, PROFITS, BUSINESS OPPORTUNITY, BANK COLLECTIONS OR SIMILAR FEES.

A claim for loss, damage or delay of any shipment or any part of a shipment, must be filed with QEC within 30 days of the date that the said shipment was delivered to QEC, or the date QEC took possession of the said shipment, whichever occurs first. QEC will not be liable for any claim filed 30 days from such date. QEC will consider a claim filed when its Customer Service Department has been notified in writing. QEC will entertain no claim of loss or damage to a shipment until all charges due QEC on account of such shipment have been paid.

If a shipment must be stored by QEC in excess of 24 hours, because it is undeliverable for reasons not the fault of QEC, it may be subject to a reasonable storage charge.

Absent special arrangements previously agreed to in writing, QEC will not accept, or be responsible, for shipment commodities which require special or unusual handling by QEC. By way of example, unacceptable commodities include human remains, tissues, or fluids, animals, hazardous materials, household goods and furniture, or shipments unaccompanied by proper documentation. Shipper represents that, except pursuant to special arrangements agreed to in writing, no such commodity will be shipped under this agreement

QEC may, at its option, open and inspect any packages tendered to it for shipment.

QEC reserves the right to reject a shipment after acceptance and prior to the performance of any transportation services, if such shipment would be likely to cause damage or delay to other shipments, equipment or personnel, or if the transportation of which is prohibited by law or violation of any rules contained in this agreement.

QEC WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS INVOLVING CASH OR CURRENCY, OR CASH EQUIVALENT ITEMS. SHIPPER UNDERSTANDS THAT QEC IS NOT IN THE BUSINESS OF TRANSPORTING SUCH CARGO. IN THE EVENT SHIPPER INCLUDES CASH OR CURRENCY OR EQUIVALENT ITEMS WITH HIS/HER SHIPMENT, EITHER WITH OR WITHOUT THE KNOWLEDGE OR CONSENT OF QEC, IT WILL BE SOLELY AT THE RISK OF THE SHIPPER.