uShip Protection Plan Terms of Service
If you purchased a shipping protection plan from uShip, Inc. (“we,” “us,” or “our”) (a “uShip Protection Plan” or “UPP”), these Terms of Service (these “Terms”) set out the terms and conditions of your contract, effective as of the date of purchase. Shipping protection can be purchased by you, a merchant or consumer, as part of a shipment booked via our platform pursuant to an agreement with you and a shipping or transport company (each a “Service Provider”). By selecting and paying for our Protection Plan, you agree to these Terms.
The uShip Protection Plan is not insurance and is secondary to any other asset protection or insurance coverage you may carry. These Terms are for your sole benefit and are not assignable by you. These Terms are incorporated by reference into and made a part of the uShip User Agreement. In the event of a conflict between these Terms and any other agreement, these Terms shall control.
1. Shipping Protection
If your item is lost or damaged during transit as described in these Terms, we agree to reimburse you up to your Maximum Reimbursement amount (defined below) for the repair or replacement cost (including shipping and handling) of physical damage to or theft of eligible items you book for shipment via our platform, including (but not limited to):
(a) Accidents such as drops, scratches, dents, and tears;
(b) Water or fire damage, such as leaks in the vehicle or truck;
(c) Damage due to a collision of or with the Service Provider’s vehicle;
(d) Non-delivery;
(e) Service Provider negligence; and
(f) 3rd party theft during transit or while your item is in Service Provider’s control.
2. Maximum Reimbursement & Processing Fee
Your Protection Plan contract is subject to the maximum reimbursement amount (the “Maximum Reimbursement Amount”) and maximum category amounts as shown in the tables below. Item value must accurately reflect the fair market value of the item(s) and be demonstrable by proof of purchase, sales receipt, or third party appraisal. We will not be responsible for, and will not pay, any amount in excess of your applicable Maximum Reimbursement amount or true item value (as determined by us), whichever is less.
| Max. Amount | |
| Maximum Reimbursement Amount for any one vessel or conveyance per any one Protection Plan: | $200,000 |
| Category Maximums: | |
|
Up to $100,000 |
|
Up to $50,000 |
|
Up to $25,000 |
|
Up to $2,500 |
In addition, each claimed loss or damage is subject to a Processing Fee, which will automatically be deducted from your Maximum Reimbursement at the time of payment:
|
Cargo Value |
Cargo Type |
Processing Fee |
|
Up to $1,000 |
All cargo |
$100 |
|
$1,001 to $10,000 |
Household goods, personal effects, automobiles, motorcycles, boats, artwork, antiques, used goods |
$500 |
|
$1,001 to $10,000 |
All cargo not otherwise categorized above |
$250 |
|
$10,001 or more |
All cargo |
$750 |
3. Exclusions
The following commodities are excluded from your Protection Plan and do not qualify for reimbursement under your Protection Plan: uShip’s platform or service fees, trailers, architectural models, bulk products, cash, cigarettes and other tobacco products, cotton, flowers, fresh foods, jewelry, watches, furs, live animals, negotiable papers, stamps, deeds, tickets, travelers checks, perishable commodities, pharmaceutical drugs, plants, precious stones and metals, securities, server racks (when containing computers, servers or electronic components), used engines, motors, transmissions, and other vehicle machinery (defined as any machinery or component which is used to propel an automobile, boat, personal craft, or vehicle).
4. Limitations
Your Protection Plan does not protect you from, and this contract does not apply to, loss or damage arising out of or resulting from:
(a) Improper packaging.
(b) Any accident occurring while cargo is being driven under its own power or being towed on its own wheels, except during loading and unloading and positioning by the service provider.
(c) Damages to goods caused by shipper-owned trailers.
(d) Incorrect, inaccessible, or undeliverable addresses.
(e) Loss or damage to property before or after transit.
(f) Porch piracy or theft before or after delivery to the delivery address specified within the listing.
(g) Acts of God or forces of nature, including, but not limited to, storms, fires, earthquakes, pandemic, virus, bacteria, or other pathogen, and similar natural disasters.
(h) Acts of war or terrorism including civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;Derelict mines, torpedoes, bombs, or other derelict weapons of war.
(i) Capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition, nationalization, and the consequences thereof or any attempt thereat, whether in time of peace or war, and whether lawful or otherwise.
(j) Prohibited items or rejected items, as described in the terms and conditions of our User Agreement or the applicable Service Provider’s terms and conditions.
(k) Loss or damage after the Service Provider provides a GPS location or photographic evidence that it delivered your item to the specified address, or if it is with a neighbor or at a secure location approved by you.
(l) Transactions canceled in writing by you or by us prior to shipment.
(m) Any notices of loss or damage provided to us after the notice deadlines described in these Terms.
(n) The shipping or delivery address or shipping label being changed without written agreement of the Service Provider after the Service Provider takes possession of your item(s).
(o) Actual, suspected, or threatened fraudulent activity or other misconduct, as determined in our sole discretion.
(p) Any consequential, special, indirect, incidental, punitive, or exemplary damages, or other fines, penalties, or damages resulting from loss of income or use of property.
(q) Normal wear and tear, pre-existing conditions, recall, or violation of applicable laws.
(r) Loss or damage to items other than those items for which this contract was agreed to and paid for at the time of booking.
5. Qualification
Our Customer Operations team will determine whether a lost or damaged item qualifies for reimbursement under these Terms. To qualify for shipping protection under your Protection Plan:
(a) You must purchase a specified amount of protection with respect to each individual shipment and each item you want protected for that individual shipment;
(b) Prior to shipping, your item(s) must be provided to the Service Provider on time and undamaged, and in the event of damages, you must submit to us photos of the undamaged item(s) prior to shipping and photos of the damaged item(s) clearly depicting the area(s) exhibiting damages;
(c) You must comply with all of the terms and conditions provided by us and the Service Provider; and
(d) You must provide notice of damage or loss to us within 7 calendar days from the delivery date, or within 7 calendar days from the scheduled delivery date for non-delivery, pursuant to Section 8 (Reporting Damage) below.
6. Payment & Fees
Our Protection Plan fee is nonrefundable. If you fail to make any payment when due for any reason, we may immediately suspend or terminate your Protection Plan contract and reserve the right, at our sole discretion, to deny any reimbursement incurred or due if and when your account is suspended or terminated.
Applicable import duties, brokerage fees, Value Added Tax, Provincial Sales Tax, Harmonized Sales Tax, and Goods & Services Taxes paid are NOT covered. Purchase of our Shipping Protection is NOT mandatory for your use of our services. By declining Shipping Protection, you assume all shipment risk and agree to not hold us liable for any lost, stolen, or damaged items.
7. Term & Termination
The term of your Protection Plan contract begins on the date that Service Provider takes possession of your item and ends at the date and time of delivery (or, for non-delivery, scheduled delivery) by Service Provider. You may terminate your Protection Plan contract by either: (i) providing us with written notice of termination prior to the Service Provider taking possession of your items; or (ii) terminating your shipment in accordance with our or the Service Provider’s terms of service.
We may immediately, and without notice, terminate your Protection Plan contract in its entirety, or terminate its applicability to any specific shipped items, for your violation of these Terms. We may terminate any Protection Plan contract for convenience by providing you with written notice of termination at least seven (7) days prior to the start of your shipment.
8. Reporting Damage
Any lost item(s), damage, or non-delivery must be reported to us in writing by submitting this
shipping incident intake form (each such report or form referred to as a “Case”). Any claimed
loss, damage, or non-delivery must be reported within seven (7) days of the date of actual or
scheduled delivery, as applicable. All reported loss, damage, or non-delivery must be supported
by sufficient documentation (e.g., photos, receipts, police reports, insurance information, etc.)
which may need to be provided to us at our discretion and upon our request in order to resolve
your incident.
After submitting your Case, our Customer Operations team will review your transaction for eligibility under these Terms. The review process can take up to sixty (60) days as long as all requested documentation is received, and if your loss, damage, or non-delivery qualifies under these Terms, your reimbursement, less the Processing Fee, will be processed within seven (7) business days following approval. uShip does not have control over and therefore does not guarantee processing times of third-party financial institutions.
You may cancel or withdraw a Case at any time by notifying us in writing. In the event that you cancel or withdraw your Case after reporting damage or loss, we will treat your Case as “denied.”
Upon Case approval, in order to collect your reimbursement, you may be required to sign a General Release and Assignment Agreement, releasing uShip from any further obligations related to your Case and assigning to uShip any accrued rights of action or subrogation related to your Case. Your failure to respond to uShip’s reasonable requests, including collecting any reimbursements that go unclaimed by you, within sixty (60) days will constitute a Case forfeiture by you. If necessary, you agree to cooperate and participate as we may reasonably request to recover such loss, damage, or non-delivery.
9. Other Protection or Insurance
Our liability under these Terms is secondary to any other asset protection or insurance coverage you may carry, and the Maximum Reimbursement amount may be reduced by any amounts you recover or are owed or receive under any applicable protection or insurance. In addition, you agree to notify us promptly of any applicable protection or insurance in the event of claimed loss, damage, or non-delivery.
10. Contact Information
Questions, comments, or need help with shipping damage? Contact us here.