Effective Date: Jun 8, 2022

(i) Notwithstanding anything herein to the contrary, Hyperflyer’s liability for loss, damage or theft to Products in a Delivery Order (“Product Damage Claims”) shall not exceed $100 per Delivery Order.

(ii) Customer has the responsibility to package all Products in a Delivery Order appropriately based on level of risk, fragility and other factors specific to the individual Product. Hyperflyer is not liable for loss or damage to any Product if it is not properly packed to withstand transport. Customer shall load or assist Driver in loading Oversized Products as needed, provided that the Driver shall provide all equipment reasonably necessary to protect all Product(s) from being damaged during transport and shall be responsible for properly securing all Products in the vehicle. At the time of loading Product(s) into a Driver’s vehicle, the Driver shall inspect the Product(s) for visible damage and verify the quantity loaded. After a Driver’s acceptance of Product(s) for delivery, if such Product(s) are released by Driver in a visibly damaged condition, or are lost, stolen, or destroyed subsequent to such acceptance by a Driver and prior to proof of delivery, the Product(s) shall be presumed to have been lost, stolen, damaged, or destroyed by the Driver, unless Hyperflyer can establish otherwise to the reasonable discretion of Customer. Customer acknowledges and agrees that Hyperflyer shall have no liability for concealed or non-visible damage to Products, unless Customer can establish to the reasonable discretion of Hyperflyer that such damage was caused by the negligence or willful misconduct of the Driver.

(iii) Product Damage Claims must be submitted to Hyperflyer within thirty (30) days of the delivery date to be considered for remedy, except as otherwise agreed to by Hyperflyer. Subject to the limitations, Damage Claims shall be valued at Customer’s actual costs to repair or replace the Products that are the subject of the Product Damage Claim (including, Customer’s actual cost to re-box or refurbish damaged cartons for sale to its patrons when necessary to make the Product marketable, if any), provided that in no instance shall the amount of Hyperflyer’s reimbursement to Customer for a Product Damage Claim exceed (i) its actual costs, notwithstanding the amount of protection covering the Delivery Order, and/or (ii) any payment made to its patron, or any liability limits or any other limitations applied by Customer, on its patron’s recovery for the same Product Damage Claim. Customer must reasonably cooperate with Hyperflyer in investigating the Product Damage Claim and shall provide such information and documentation as Hyperflyer shall reasonably request in connection with the same including, where applicable, any packaging used by the Customer for the damaged Product, proof of value of the damaged Product(s) and/or a satisfactory police report. Hyperflyer will have no liability to Customer, and no responsibility to pay on a Product Damage Claim, if Customer and/or the Delivery Order recipient do not reasonably cooperate with Hyperflyer in investigating the Product Damage Claim.

(iv) Unless otherwise agreed to by Hyperflyer, Product Damage Claims will be reimbursed by Hyperflyer directly to Customer and Hyperflyer shall have no responsibility for payment of a Product Damage Claim to Customer’s patron or the Delivery Order recipient. Neither Hyperflyer nor any Driver shall have any responsibility to address any of Customer’s patrons’ questions or claims with respect to Delivery Orders or Product Damage Claims and Customer agrees to handle all such questions or claims from its patrons promptly and directly. Upon payment of the Product Damage Claim to Customer, Customer shall be deemed to have released Hyperflyer for further liability therefor, and shall indemnify, defend and hold harmless Hyperflyer Indemnified Parties from and against any and all Claims arising in connection with any paid Product Damage Claim and all Losses incurred by a Hyperflyer Indemnified Party therefrom. The above is Customer’s sole relief and recovery for any Product Damage Claim or any loss or theft of, or damage to, Products in a Delivery Order.

Limitations on Damage Claims

Subject to the express terms of the Agreement, if a Delivery Order contains one of the Products below, Hyperflyer’s maximum liability and obligation to Customer for loss or theft of, or damage to, such Products are as follows:

Checks: Hyperflyer’s liability for checks contained in a Delivery Order is limited to the cost of stopping payment on and reissuing the check. Hyperflyer will not pay for the face value of the check. Maximum reimbursement is $100 per Delivery Order.

Coins, currency, postage stamps, negotiable instruments, money orders: Hyperflyer shall have NO liability for loss or theft of, or damage to, coins, currency, postage stamps, negotiable instruments, or money orders contained in a Delivery Order. No Reimbursement.

Phone Cards, Tickets, Gift Cards and Certificates, Coupons and Similar Matter: Hyperflyer’s liability for phone cards, tickets, gift cards and certificates, coupons and similar matter contained in a Delivery Order is limited to the cost of replacing the physical card, certificate, or printed matter. Hyperflyer is not liable for the face value of the card, gift certificate, coupon, or similar printed matter. Maximum reimbursement is $100 per Delivery Order.

Animals: Hyperflyer shall have NO liability for loss or theft of, or injury or death to, any live animals contained in a Delivery Order. No Reimbursement.

Perishable Products: Hyperflyer’s liability for perishable Products contained in a Delivery Order is limited to those Products properly packed to withstand transport for the length of the Delivery Order requested by the Sender, and then only if the loss or damage is due to the Driver’s failure to accomplish the Delivery Order within the time set forth in the request. Maximum reimbursement is $100 per Delivery Order.

Media: Hyperflyer’s liability for media, such as documents, film, or photographs contained in a Delivery Order, is limited to the replacement cost of the media on which the content is recorded. Hyperflyer will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto. Maximum Reimbursement up to $100 per Delivery Order.

Heirlooms, Antiques, One-of-a-Kind: Hyperflyer’s liability for heirlooms, antiques, or one-of-a-kind Products contained in a Delivery Order is limited to the actual monetary value of the Product as shown by an invoice, sales receipt, appraisal, or with other proof of value of with a “like” Product that can be verified. Hyperflyer will not reimburse for “sentimental value” or any other direct or indirect damages related thereto. Maximum Reimbursement is $100 per Delivery Order.

Unopened, new-in-box consumer electronics: Hyperflyer’s liability for unopened, new-in-box consumer electronics contained in a Delivery Order is limited to cases where there is significant, visible and documented damage to the packaging of the Product, which damage occurred while in the Driver’s possession. Maximum Reimbursement up to $100 per Delivery Order.

Used Electronics: Hyperflyer shall have NO liability for “used” electronics contained in a Delivery Order. “Used” is defined as any such Product that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.

Prohibited and Undisclosed Special Products: Hyperflyer shall have NO liability for any Prohibited Product, or any undisclosed Special Product contained in a Gig. No Reimbursement.

Please also feel free to contact us if you have any questions about this Terms of Damage Claims or the practices described therein. You may contact us at contact@hyperflyer.com