Customer agrees to ship all packages in their correct postal class. In the event that FedEx discovers that a shipment is incorrectly classified, FedEx reserves the right to re-bill Customer for the correct transportation costs and any additional costs and surcharges associated with such shipment. Further, Customer agrees to be responsible for any fines or penalties levied by the United States Postal Service ("USPS") on such shipment.
FedEx shall sort and deliver Customer's packages by tendering Customer's packages to the USPS or other delivery service.
Any U.S. package that is deemed undeliverable or refused will be the responsibility of the Customer. FedEx SmartPost offers the following Ancillary Service "Endorsements," which the Customer can utilize to instruct the USPS on disposition of packages that are undeliverable or refused: Return Service Requested, Forward Service Requested, Address Service Requested, Change Service Requested and Address Change Service. The Customer shall pay any and all applicable postage due resulting from the use of such Endorsements. FedEx SmartPost reserves the right to add, delete or change the Endorsements.
All pricing is based on regional distribution and other shipping characteristics (such as weight, ZIP code distribution, box size and volume) of Customer's packages. Customer's package distribution and such shipping characteristics may be reviewed quarterly by FedEx. All pricing may be subject to adjustments based on the results of such quarterly reviews.
The rate structure set out herein does not include any change in rates by the U.S. Postal Service; any postal mail class definition changes or modifications; or any other increases in charges or costs in the services to FedEx SmartPost outside of its control, including but not limited to fuel surcharges. Customer's rates may be adjusted to pass through any such changes or increases. FedEx SmartPost list rates are shown at fedex.com/us/smartpostguide/smartpost/smartpost_rates_zones.html and other fees, surcharges and other shipping information can be found at fedex.com/us/smartpostguide/documents.html.
FedEx shall pick up FedEx SmartPost® Returns shipments from authorized locations and deliver the shipments to Customer's fulfillment centers. FedEx reserves the right to determine the appropriate return equipment and method utilized for such shipments.
In the event a Customer ships with FedEx SmartPost before an executed agreement for FedEx SmartPost services is received by FedEx, Customer agrees to pay list rates for the transportation of such shipments.
Shipper may request an invoice adjustment in writing or via our telephone invoice adjustment system at 1.800.GoFedEx 1.800.463.3339 (say "SmartPost," then "Billing"). If you choose to submit your request via the telephone invoice adjustment system, the request must state the reason you believe an adjustment or refund is warranted and must provide the following: the FedEx account number, the FedEx tracking number and the date of shipment. A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request.
Requests for invoice adjustment due to an overcharge must be received within 180 days after the date of shipment. If you choose to send the invoice adjustment request separately from the remittance statement, please send to: 16555 West Rogers Drive New Berlin, WI 53151 Attn: FedEx Solutions.
FedEx is not obligated to refund any overcharge or pay any other obligation owed when your FedEx account is, or has been in the past, more than 60 days past due.
If your account is more than 60 days past due, FedEx may, at its sole discretion, apply any overcharge amounts or other overpayments it agrees are owed to you against the oldest invoices.
FedEx reserves the right to unilaterally modify, amend, change or supplement these Terms and Conditions, without notice. Any failure to enforce or apply a term, condition or provision of these Terms and Conditions shall not constitute a waiver of that term, condition or provision or otherwise impair FedEx's right to enforce or apply such a term, condition or provision in the future.
Package Sortation and Data Transmission
FedEx will sort Customer's packages provided that they are properly electronically transmitted by Customer.
Provided pickup is included, FedEx shall pick up packages from Customer's fulfillment center at such times as mutually agreed between FedEx and Customer. Customer's discounts are based on the zone of the distribution center ZIP code if pickup is included.
If Customer manages the transportation, discounts will be based on the ZIP code zone of the FedEx sorting facility that receives the packages.
Customer is responsible for and shall provide an electronic shipment transmission prior to the arrival of the Customer's packages at the FedEx facility. The transmission must identify all packages shipped, include accurate package weight and mail class designation, and contain the appropriate recipient's information, as specified by FedEx. FedEx reserves the right to verify package weight and mail class designation. Because the number of packages, weight per package and mail class designation are critical to FedEx's ability to correctly invoice, any incorrect or unavailable shipment information for any package will result in FedEx invoicing Customer at FedEx rates and zones for 1–70 lbs. for each affected Customer package actually sorted and delivered by FedEx.
Customer agrees that the Mailer Identification numbers ("MID") assigned to Customer by the USPS for use with FedEx SmartPost shipping shall not be used for any other purpose. If such an MID is used for any packages traveling by another shipping method, FedEx may terminate Customer's pricing agreement immediately, and Customer agrees to reimburse FedEx for all improperly assessed USPS postage and any costs incurred by FedEx associated with such packages.
In the event that any package which bears the MID was not scanned by FedEx, FedEx shall have the right to invoice Customer for such package at the average rate per package billed to Customer during the prior week in which FedEx SmartPost last received packages from Customer. If a customer has no prior shipments to calculate an average rate per package, customer agrees to pay list rates for the transportation of shipments not scanned by FedEx.
In no event shall any package fall outside of the following specifications:
Minimum 6" x 4" x ½".
Maximum 130" combined length and girth and 70 lbs.
No one dimension exceeding 60".
Customer shall barcode and label all packages, and instruct its return shippers to barcode and label all packages, to specifications set forth in the FedEx SmartPost Implementation Guide provided by FedEx. Customer agrees to indemnify and hold harmless FedEx from any and all third-party claims arising out of Customer's non-conforming labels and any third-party claims arising out of any additional information included by Customer on its labels. Customer agrees that per-package surcharges will be assessed on packages that do not conform to such specifications.
To be eligible to receive confirmation of delivery, the barcode and label must meet applicable specifications.
Customer shall not tender for transportation and agrees to instruct its return shippers to not tender for transportation (i) any non-mailable package as defined by the USPS; (ii) alcohol, tobacco or any items or commodities that may be prohibited by law or regulation; or (iii) any hazardous materials or dangerous goods, which are subject to regulation by Title 49 of the U.S. Code of Federal Regulations.
Customer agrees to use and instruct its return shippers to use packaging materials and methods appropriate for the materials shipped to facilitate safe transportation with ordinary care in handling in accordance with all applicable USPS regulations and FedEx policies then in effect.
FedEx reserves the right to refuse any packages which may soil, taint or otherwise damage other packages or equipment, or which does not conform to the specifications set forth in Section 1 of Package Specifications, or which is improperly packaged or wrapped. FedEx reserves the right to open and inspect any package. Customer acknowledges that the USPS may also open and inspect any package and agrees to hold FedEx harmless from any liability associated with such inspection.
FedEx will, at its expense, repackage packages damaged during sorting in FedEx supplied packaging materials.
FedEx SmartPost® Terms and Conditions
Liability for Damaged Packages; Insurance
FedEx shall be responsible, up to a maximum replacement value per package of $100 (USD), plus transportation costs, for damage to packages from the time packages are first scanned by FedEx until such packages have been tendered for delivery to the USPS or the delivery address on the package if not delivered by the USPS.
On FedEx SmartPost Returns shipments, FedEx shall be responsible, up to a maximum replacement value per package of $100 (USD), plus transportation costs, for damage to packages from the time packages are first scanned by FedEx until such packages have been delivered to Customer.
Customer claims for damages to packages must be in writing and must include documentation sufficient to identify the package(s) involved, must make a claim for payment of a specified amount, and must be accompanied by evidence of the value of the package(s) and the extent of the damage. Such claims must be filed with FedEx within three (3) months after receipt of the related package by FedEx, or such claims shall be deemed waived.
In consideration for the pricing and other terms and conditions in Customer's pricing agreement, Customer waives the right to file claims for lost or damaged packages for an amount exceeding the maximum replacement value identified in Section 1 of Liability for Damaged Packages; Insurance.
Nothing in these terms and conditions shall be construed to prevent Customer from obtaining package insurance coverage independently.
In no event shall FedEx be responsible for packages lost or damaged after they have been tendered for delivery to the USPS or the delivery address on the package if not delivered to by the USPS.
In no event shall FedEx be responsible for FedEx SmartPost Returns packages lost or damaged before they have been first scanned by FedEx after pickup at a USPS facility.
Except as provided in the Liability for Damaged Packages; Insurance section, FedEx liability for any claim arising out of or connected with a FedEx SmartPost shipment, whether arising from FedEx negligence or other tort, breach of warranty or contract, or any other claim at law or equity, shall not exceed FedEx pricing allocable to that portion of the Services giving rise to the liability, and in no event shall FedEx be liable for any special, incidental or consequential damages. Any such claims must be in writing and must be filed with FedEx within three (3) months after the incident giving rise to the claims, or such claims shall be deemed waived.
Neither Customer nor FedEx shall incur any liability for any delay or failure to perform hereunder due to perils of the air; public enemies; criminal acts of any person(s) or entities, including but not limited to acts of terrorism; public authorities acting with actual or apparent authority; authority of law; local disputes; civil commotions; hazards incident to a state of war; local, national or international weather conditions (as determined solely by FedEx); local, national or international disruptions in ground transportation networks (as determined solely by FedEx); strikes or anticipated strikes (of any entity, including but not limited to other carriers, vendors or suppliers); natural disasters (e.g., earthquakes, floods and hurricanes) and disruptions or failure of communication and information systems (including but not limited to FedEx systems); impossibility of obtaining shipping space; delays of carrier (including mechanical breakdown); or any other cause beyond the reasonable control of Customer or FedEx. Neither Customer's nor FedEx's delay or failure to perform due to any such force majeure event shall be construed as a breach of contract, and these terms and conditions shall continue in full force and effect during any such period of interruption.
FedEx SmartPost terms and conditions shall be governed by and construed in accordance with the internal laws of the state in which the shipments were tendered to FedEx to the extent that any court finds that state rather than federal law applies to any provision.