TERMS AND CONDITIONS FOR THE END USER CLIENTS
CABRELLA CERTIFICATE HOLDER AGREEMENT
This document describes some pertinent features of the broker agreement and insurance coverage for the parcel insurance plan being purchased.
For a full copy of policy wording, please contact Cabrella directly.
BROKER NOTICE:
All parcels covered by this program will be shipped in strict accordance with all regulations of the Carrier. Coverage is only provided for shipments through commercial parcel companies, namely Federal Express, UPS, DHL & United States Postal Service (USPS) unless otherwise agreed by Cabrella. International coverage is also included for all carriers; however, whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions, such coverage shall be null and void. Please see list of excluded countries in document below.
For a package to be covered, the shipping carrier must have verified acceptance of your package for mailing. This is found on the respective tracking websites of the shipping carriers. If a shipping label is printed but not scanned by the carrier as accepted it is deemed as never been mailed and there is no coverage.
All packages with value equal to $1,000.00 or more must be sent with the direct or adult Signature Confirmation Service provided by the Carrier (must be signed for at delivery). This service is available by most Carriers often at an additional expense to their core shipping service and is commonly included in base pricing for business to business shipments.
In order to recover under this insurance, the insured must have an insurable interest in the subject-matter insured at the time of the loss.
If the premium payment is not received, all coverage and pending claim payments under this Policy will be suspended until reinstated by Cabrella.
This insurance may be discontinued by Cabrella provided 30 (thirty) days written notice is given to the Certificate holder. This insurance may be discontinued by the Cabrella due to any change in material facts as determined following the issuance of any certificate, provided 10 (ten) days written notice is given to the Certificate holder. Notwithstanding the 30 (thirty) days discontinuation notice, Cabrella shall have the right, subject to 10 (ten) days notice in writing, to require the Certificate holder to modify security measures or reduce package limits should the loss experience warrant such actions.
IMPORTANT NOTICE: Any customer seeking variations in rates, limits, addition of carriers or services, additional discounted volume pricing and/or adjustment or exemption from any conditions or exclusions set forth in this document must contact Cabrella directly for consideration. If approved, such changes will appear in an updated insurance agreement found on the Coverage Guideline Section of the client online account.
IMPORTANT NOTICE: Individual customers may have varying rates, limits and coverage as agreed to by Cabrella. Any such conditions will be listed in the Coverage Guideline section on your account and take precedent, where applicable, to conditions, subjectivities, exclusions and any other terms listed in this agreement. Please refer to the Coverage Guideline section on your account for all coverage questions. A copy of this agreement is also available for review in the same section.
NOTICE: INSURER & BROKER INFORMATION
The insurance that is being purchased is being offered via software provided by OnShip Group, Inc. with principal office located at 80 S. 8th Street, #990-37286, Minneapolis, MN 55402. OnShip Group, Inc. is prohibited from negotiating, selling or soliciting insurance and is only including Cabrella as a secondary option to add choices for customer benefits.
You acknowledge that the insurance program and coverage described below is brokered and administered by Meslee Insurance Services, Inc. dba Cabrella Shipping Insurance Intelligence (CA Department of Insurance License Number OB86528) with principal office located at 7164 Melrose Avenue, Los Angeles, CA 90046.
You also acknowledge that the insurance coverage is being purchased by AXA Corporate Solutions Assurance and that AXA Corporate Solutions Assurance is a "non-admitted" or "surplus lines" insurer. As such, you are notified of the following:
1. THE INSURANCE POLICY THAT YOU ARE APPLYING TO PURCHASE IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED “NONADMITTED” OR “SURPLUS LINE” INSURERS.
2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS.
3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED.
4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR “SURPLUS LINE” BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357 OR INTERNET WEB SITE WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC’S INTERNET WEB SITE AT WWW.NAIC.ORG.
5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE’S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.
6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC’S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.
7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV.
8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER’S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU.
BROKER CLAIM REQUIREMENTS & ADDITIONAL INFORMATION:
Cabrella reserves the right to disallow any user to purchase Cabrella Insurance at any time with notice per policy wording. All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the carrier before a claim is completed. Failure to comply may result in the denial of the claim due to insufficient evidence. In all applicable cases, Cabrella will rely on the determination of responsibility made by the original Carrier to assist in substantiating the loss. Any damage to a parcel that was not repaired must be made available to us or Cabrella, if requested.
CLAIM PROCEDURE:
In case of loss or damage to the covered parcel, the following must be protocol must be followed:
WAITING PERIOD FOR CLAIMS OF LOSS:
ADDITIONAL TERMS AND CONDITIONS:
PAYMENT TERMS
The certificate holder authorizes payment to Cabrella via credit, debit, bank card or Automated Clearing House (“ACH”) in the amount of parcel insurance plan being purchased. By providing the credit, debit, bank card, or ACH information to process the payment, the certificate holder further authorizes Cabrella to charge the credit, debit, bank card, or ACH for all future services purchased for the amount indicated on or after the indicated date. This is permission for all transactions and provides authorization for any additional debits or credits to the certificate holder’s account.
ACCOUNT INFORMATION
The certificate holder agrees to provide true, accurate and complete information about the certificate holder and billing information. The certificate holder agrees to update any and all contact and billing information as it changes. Cabrella shall not be liabile for any losses, damages, or interrupted access to the certificate holder’s account or the services provided caused by the certificate holder’s failure to provide and update true, accurate and complete contact and billing information.
TERMINATION OF AUTHORIZATION
The certificate holder may only terminate the authorization for payment by giving Cabrella ten (10) days prior written notice of termination.
OVERDUE CHARGES
If for any reason the certificate holder’s payments is past due for a period of more than seven (7) days, without limiting Cabrella’s rights or remedies, the payment due may accrue late interest at the rate of 10% per annum of the unpaid outstanding balance, and/or Cabrella may, in its sole discretion, deactivate or terminate the certificate holder’s account without notice, regardless of the amount of the past due balance.
NO-REFUND POLICY
Any and all fees paid and charges made prior to proper termination of authorization are nonrefundable. The certificate holder’s termination of authorization shall not relieve the certificate holder of any obligation to pay accrued charges or fees.
MODIFICATIONS OR CHANGES
Cabrella reserves the right, without limitation, notice, and at the sole discretion of Cabrella, to change any and all fees and billing methods, including the addition of supplemental fees or separate charges for services provided by Cabrella with or without notice. Cabreall further reserves the right, without limitation, and at the sole discretion of Cabrella, to change or modify this agreement at anytime with or without notice.
NON-WAIVER
No delay or failure to take action under this agreement shall constitute a waiver by Cabrella of any right whatsoever.
TRANSFERABILITY
Cabrella may assign or delegate its right or obligations under this Agreement without limitation. Certificate holder may not assign or delegate his/her rights or obligations under this Agreement without prior written consent of Cabrella.
SEVERABILITY
If a court of competent jurisdiction finds any provisions of this agreement invalid or unenforceable, such provision shall be severed from this agreement, and the severed provision shall not affect any other provision of this agreement.
JURISDICTION
This program shall be construed and interpreted in accordance with the laws of the State of California. The parties agree that any and all suits, actions, or proceedings arising directly or indirectly from this program shall be litigated only in courts located within the County of Los Angeles in the State of California. The parties agree irrevocably consents to the jurisdiction of any local, state, or federal court located within such county and state. Without limiting the generality of the foregoing, the parties, and their agents, employees, contractors or otherwise waive and agree not to assert by way of motion, defense, or otherwise in any suit, action, or proceeding any claim that the parties, and their agents, employees, contractors or otherwise are not personally subject to the jurisdiction of the above-named courts, that such suit, action, or proceeding is brought in an inconvenient forum, or that the venue of such action, suit, or proceeding is improper.
HOLD HARMLESS
The certificate holder agrees to INDEMNIFY AND HOLD HARMLESS Cabrella from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements provided by this program and any applicable endorsements.
CONFORMITY TO STATUTE
PERSONAL EXCULPATION
The obligations of Cabrella are not personal obligations of the individual partners, directors, officers, shareholders, agents, or employees of Cabrella.
LIMITATION OF LIABILITY
The services provided by Cabrella are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. CERTIFICATE HOLDER AGREES THAT ANY EFFORTS BY WEB SITE OWNER TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT CABRELLA WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
CERTIFICATE HOLDER FURTHER AGREES THAT CABRELLA SHALL NOT BE LIABLE TO CERTIFICATE HOLDER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF CABRELLA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Certificate Holder. In such jurisdictions, Cabrella's liability is limited to the greatest extent permitted by law.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signatures.
KNOWING CONSENT AND AUTHORITY TO CONSENT
The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.
THE “I ACCEPT/AGREE” BUTTON FOLLOWS. THIS BUTTON SHALL THEN DOWNLOAD THE INFORMATION ENTRY PAGE TO THE CERTIFICATE HOLDER'S COMPUTER. IF THE CERTIFICATE HOLDER DOES NOT CLICK ON THIS BUTTON, THIS AGREEMENT SHALL BE NULL AND VOID AND CERTIFICATE HOLDER WILL HAVE NO RIGHTS UNDER THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT/AGREE” BUTTON, THE CERTIFICATE HOLDER AGREES TO ALL TERMS OF THIS AGREEMENT.
ABILITY TO ACCEPT
Certificate holder affirms that Certificate holder is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into this agreement set forth herein, and to abide by and comply with this agreement.
PRIVACY
Please review our Privacy Policy by visiting https://ecabrella.com/privacy-policy/. Cabrella reserves the right, in Cabrella’s sole discretion, to make changes or modifications to the Privacy Policy or this agreement at any time and for any reason, without prior notice.
CERTIFICATE HOLDER’S ONLINE ACCOUNT
If Certificate holder created an online account with Cabrella, Certificate holder is responsible for maintaining the confidentiality of Certificate holder’s account and password and for restricting access to Certificate holder’s computer, and Certificate holder agree to accept responsibility for all activities that occur under Certificate holder’s account or password. Cabrella reservse the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
SUMMARY OF INSURANCE WORDING:
PROPERTY INSURED
The property insured is principally, but not limited to cash and or Jewelry and/or valuable papers and all other interest in relation to the Insured’s business.
WHERE COVERED
From time of leaving premises of sender, until delivered to the premises of the consignee and signed for by the recipient or as declared.
It is understood and agreed that in cases where the interest insured is addressed to Post Box addresses, this Contract extends to cover such interest whilst in transit form the Post Box addresses until finally delivered to the premises of the consignee and signed for by the recipient.
In the case of drop ship transactions, it is noted and agreed that cover attaches from the time such property leaves the shipping location named in the certificate until safely delivered to its intended final destination.
Notwithstanding anything contained herein to the contrary, it is understood and agreed that this Contract includes transit from the sender’s premises and to the consignee’s premises on route to or from the post office or airways office and transit to or from and whilst on the premises of any Government department or official or semi-official body or organization or any other organization, firm or person, through which the insured interest has to pass by virtue of any regulation or trade custom; such transit may be in charge of the sender or the consignee or the Insured or the servants, agents or brokers of the latter three, or any person or firm or official charged with such transits.
RATING AND COVERAGE LIMITS
This insurance covers up to $5,000.00 per package unless limits are increased by Cabrella underwriter which can be viewed in the coverage guideline tab of your account.. Packages shipped via envelopes, padded pak or any other non rigid material are limited to $1,000.00 per package.
Premium for shipments will be charged at a rate of $0.60 per $100 in declared value for all shipments, domestic and international; however, there will be a $1.00 minimum per package for domestic shipments and a $2.00 minimum for international shipments. These rates apply to all shipments unless adjusted by Cabrella underwriters and which can be viewed on the coverage guideline tab on your account.
Because this program is underwritten through a non-admitted carrier as described above, Surplus Lines Association (SLA) Taxes and Document Stamp Fees will apply to all invoices. Premiums listed above do not include statutory SLA Taxes and Document Stamp Fees. California SLA Taxes are currently at 3% and Document Stamp Fees at 0.2% for a total surcharge of 3.2% on all premiums. SLA Taxes and Fees may be changed by the California Department of Insurance (as determined by various sub committees that make such decisions) and as such, are subject to change.
VALUATION
it is understood and agreed that in the event of a recoverable loss, settlement will be made by underwriters as per the declared value per the memorandum documentation and/or invoice as may be applicable.
EXCLUSIONS
The following important clauses, exclusions and Terms and Conditions are intended as a summary. For full policy wording, please contact Cabrella:
This policy covers against all risks of physical loss and/or damage of whatsoever nature subject to exclusions and conditions as set forth in master policy.
ADDITIONAL CONDITIONS & CLAUSES INCLUDE BUT ARE NOT LIMITED TO:
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, as amended: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for "acts of terrorism" shall expire at 12:00 midnight December 31, 2014, the date on which the TRIA Program is scheduled to terminate or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates.
YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand that I will have no coverage for losses arising from acts of terrorism