Terms and Conditions
All Services provided by FedEx® Cross Border, including any and all of its parents, subsidiaries, and affiliates (collectively referred to as "FedEx Cross Border"), to and for you and the entity you represent ("you" or "your") and your use of this website are governed by these Terms and Conditions. FedEx Cross Border reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and Conditions. The current version of these Terms and Conditions is available on the FedEx Cross Border website, and supersedes all previous terms and conditions, amendments, supplements and other prior statements concerning the terms and conditions of FedEx Cross Border Services to which these Terms and Conditions apply.
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered by FedEx Cross Border at http://crossborder.fedex.com ("crossborder.fedex.com" or "Site"), and any sub-domains ("FedEx Cross Border Services" or "Services"), are offered to you under these Terms and Conditions and any operating rules or policies that may be published by FedEx Cross Border at the URL: http://crossborder.fedex.com (the "Terms and Conditions"). Your use of any of the Services offered by FedEx Cross Border is expressly conditioned upon your acceptance of and agreement to these Terms and Conditions. These Terms and Conditions comprise the entire agreement between you and FedEx Cross Border. YOUR USE OF ANY OF THE SERVICES REPRESENTS AND WILL BE DEEMED TO BE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. If you disagree with any of these Terms and Conditions at any time, your only recourse is to cease using the Services of FedEx Cross Border. It is your responsibility to review and be familiar with the Terms and Conditions, and your continued use of FedEx Cross Border Service will constitute acceptance of the then-current Terms and Conditions.
- AGENCY: By using any FedEx Cross Border Services, you authorize FedEx Cross Border, at its sole discretion, to select a licensed customs broker to act as your agent or, if necessary, as your direct representative. You further authorize the licensed customs broker selected by FedEx Cross Border to act on your behalf for the purpose of transacting business with customs or revenue authorities to clear the items you ship through the FedEx Cross Border Services, to account for all duties and taxes on your behalf, to return your merchandise and, if applicable, to prepare and submit refund claims on your behalf for any items that you may return. You certify that all necessary and proper documentation to accurately transmit the information electronically is and will be provided to FedEx Cross Border. You further authorize and expressly permit FedEx Cross Border to share with the selected customs broker any information related to you and your shipment that is necessary for international processing and shipment of your items, including but not limited to customs clearance.
- SECURITY: You are solely responsible for your use of the Services. In consideration for using the Services, you agree to: (1) provide certain current, complete and accurate information about you when prompted to do so by the Services, and (2) maintain and update this information as required to keep it current, complete and accurate. If you provide any inaccurate or incomplete information in your account, FedEx Cross Border reserves the right to terminate immediately both your account and your right to use the Services.
- TERMINATION: Either Party may terminate your participation in the FedEx Cross Border Services at any time, with or without cause, and with immediate effect. FedEx Cross Border, at its sole discretion, may terminate the Services or your use of the Services at any time and with immediate effect should your conduct in the use of the Services fail to conform to these Terms and Conditions. FedEx Cross Border shall have no liability to you or to any third party for termination of the Services or termination of your use of the Services under this paragraph. Should you object to any of these Terms and Conditions or any subsequent modifications to these Terms and Conditions, or should you become dissatisfied with the Services in any way, your only recourse and sole remedy is to discontinue use of the Services. Upon termination, your right to use the Services shall cease immediately.
- USER CONDUCT: Your use of the Services is subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations, and all regulations set forth by foreign jurisdictions through which you are shipping. You agree not to do any of the following: (1) use the Services for any illegal purposes or to ship hazardous or dangerous materials, as further defined in Paragraph 13 of these Terms and Conditions; (2) interfere with or disrupt any networks connected to the Services, or engage in any activity that violates the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Services, through password mining or any other means; (3) harass or interfere with another user's use and enjoyment of the Services. Failure to comply with the above may result in immediate termination of the Services without notice. You agree that you will be responsible for any losses or damages incurred by FedEx Cross Border as a result of your improper use of the Services, and you hereby agree to indemnify and hold FedEx Cross Border, its parents and subsidiaries, affiliates, officers, directors and employees harmless from and against any and all manner of loss or damage arising from your use of the Services in violation of these Terms and Conditions.
- INSPECTION: FedEx Cross Border reserves the right, at its discretion, to open and inspect all packages and items delivered to a FedEx Cross Border facility in your name without notice to you. You acknowledge and agree that FedEx Cross Border may refuse to handle, store or ship any item that does not comply with these Terms and Conditions. In such circumstances, you acknowledge and agree that FedEx Cross Border shall have no liability (in contract, tort or otherwise) to you with respect to any such items. You should note that shipments may be inspected by Customs authorities at any time and incorrect valuations can lead to delays and penalties for which you are solely responsible.
- LIMITATION ON DAMAGES: FedEx Cross Border shall not be liable for any physical loss of, or physical damage to, any items or shipments or for the failure of any other aspect of the provision of FedEx Cross Border Services unless you purchase Loss and Damage Protection at checkout. If you have purchased Loss and Damage Protection, you may make a claim for lost and damaged items. In order to file a claim with FedEx Cross Border,
you or the merchant from whom you have purchased the goods must send a claim to CrossBorder_Claims@ftn.fedex.com. Such claim must be received within 14 calendar days of the date the
shipment was delivered if damaged, or 14 calendar days of the expected delivery date if lost. You or the merchant must include in your email the following additional information:
Damaged Item(s) Claim:
- Clear Pictures of the outside of box — This includes images of the top and bottom of the box as well as any areas where tape and labels were applied.
- Clear pictures of all areas of damage to the external box.
- Clear pictures of the inside of the box in the condition it was opened.
- Clear pictures of the packing material used. This includes, but not limited to, manufacture packing, bubble wrap, paper, etc.
- Clear pictures of any and all areas of damage to the Item(s). If multiples of the same item(s) were damaged please provide a photo with all affected items clearly visible.
Missing Item(s) Claim:
- Clear pictures of the outside of box — This includes images of the top and bottom of the box as well as any areas where tape and labels were applied.
- Clear pictures of all areas of damage to the external box.
- Clear pictures of the inside of the box in the condition it was opened.
- Clear pictures of all item(s) received.
If all required information is not received within the time frame listed above the claim will be rejected. Once reviewed a claim will either be accepted or denied and FedEx Cross Border will communicate its decision with you or the merchant.
IN NO EVENT SHALL FEDEX CROSS BORDER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH, IN NO EVENT SHALL FEDEX CROSS BORDER BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) FROM THE PERFORMANCE OF THE SERVICE EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FEDEX CROSS BORDER.
- FEDEX CROSS BORDER REPRESENTATIONS: THE FEDEX CROSS BORDER SERVICES ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDEX CROSS BORDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ACCURACY, NON-INFRINGEMENT, OR QUIET ENJOYMENT. FEDEX CROSS BORDER DOES NOT WARRANT THAT THE SERVICE COMPLIES WITH APPLICABLE LAWS, WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT THE SERVICE'S OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICE WILL BE CORRECTED. FURTHERMORE, FEDEX CROSS BORDER DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR ACCESS TO OR USE OF THE SERVICE IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX CROSS BORDER OR AN AUTHORIZED REPRESENTATIVE OF FEDEX CROSS BORDER WILL CREATE A WARRANTY.
- YOUR REPRESENTATIONS: You acknowledge and agree that FedEx Cross Border will not process, accept for shipment or ship through the FedEx Cross Border Services any of the following:
- Alcohol or tobacco for minors;
- Goods violating the intellectual property of third parties;
- Goods that require a license for import or export, including, but not limited to, goods subject to the U.S. International Trade in Arms Regulations, goods requiring a license for export in general, to a particular end-user or to a particular destination pursuant to the U.S. Export Administration Regulations, goods destined for any end-user or destination subject to U.S economic sanctions or goods subject to any similar licensing requirement of the destination country;
- Goods prohibited for sale in the destination country;
- Counterfeit, gray market goods, illegal or otherwise infringing products or materials;
- Dangerous Goods or Hazardous Materials;
- Pornographic materials; or
- Any item included on the Global Prohibited and Restricted items lists, or on any applicable Country Specific prohibitions or restrictions List, all of which can be found at http://crossborder.fedex.com/us/assets/prohibited-restricted/
You further warrant and represent that:
- You will not violate any applicable U.S. or foreign laws, including but not limited to, export, import, intellectual property, product safety, or data privacy laws, in utilizing FedEx Cross Border Services;
- You will not cause FedEx Cross Border to violate any applicable U.S. or foreign laws, including but not limited to, export, import, intellectual property, product safety, or data privacy laws, in utilizing FedEx Cross Border Services; and
- In the event of any government investigation, including, but not limited to, investigations regarding counterfeit or gray market goods, you shall provide full cooperation with such investigation.
- LICENSE AND CONDITIONS OF USE OF FEDEX CROSS BORDER CHECKOUT SERVICES: At all times during your use of the FedEx Cross Border Services:
- You will not, and will not authorize others to: (i) use the FedEx Cross Border Services with external programs in a manner that circumvents these Terms and Conditions or any other contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of the FedEx Cross Border Services available for access by third parties except as otherwise expressly provided in these Terms and Conditions; (iii) access the FedEx Cross Border Services for the purpose of developing products or services intended to be offered to third parties in competition with FedEx Cross Border; (iv) disassemble, reverse engineer or decompile the FedEx Cross Border Services, FedEx Cross Border systems or other FedEx Cross Border products or technology; (v) copy, modify or create derivative works of the FedEx Cross Border Services; (vi) remove or modify a copyright or other proprietary rights notice in the FedEx Cross Border Services; (vii) use the FedEx Cross Border Services to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (viii) use the FedEx Cross Border Services to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; (ix) access or disable any FedEx Cross Border or third party data, software or network; (x) communicate any message or material that is defamatory, or, in violation of applicable law, is harassing, threatening, or obscene; (xi) send unsolicited mass mailings in violation of applicable law or regulation; or (xii) use or employ any technique or device that: damages, disables, overburdens, or impairs the FedEx Cross Border systems or the FedEx Cross Border Services or interferes with the use or enjoyment of the FedEx Cross Border Services by others. You shall not use or access the FedEx Cross Border Services, any FedEx Cross Border systems or other FedEx Cross Border products or technologies in a manner that exceeds your authorized use as set forth in these Terms and Conditions. FedEx Cross Border may remotely review your use of the FedEx Cross Border Services, and upon FedEx Cross Border written request you shall provide any reasonable assistance, to verify your compliance with these Terms and Conditions.
- You will provide FedEx Cross Border with complete and accurate information about each shipment sufficient to comply fully with all applicable import and export requirements and to properly classify each shipment. In preparing and submitting export declarations, applications, security filings, documentation and/or other required data or submissions to government entities, FedEx Cross Border relies on the correctness of all information and documentation you provide, whether in written or electronic format. You shall ensure the correctness of all such information provided about each shipment as is needed to comply fully with import and export requirements including, but not limited to, classification and licensing.
- FedEx Cross Border will not act as Exporter of Record nor will FedEx Cross Border assume the responsibilities of Exporter of Record for export of the shipments to international customers. In the event of a government investigation regarding such export, you will provide full cooperation with such investigation.
- FedEx Cross Border will not act as Importer of Record nor will FedEx Cross Border assume the responsibilities of Importer of Record. You acknowledge and agree that you shall be Importer of Record.
- You are solely responsible for the following: (i) your use of the FedEx Cross Border Services; and, (ii) the lawfulness of, and results obtained from, your access to and use of the FedEx Cross Border Services.
- RESPONSIBILITY FOR MERCHANDISE & DELIVERY:
- You will retain title to all items shipped and processed through the FedEx Cross Border Services, except as otherwise provided under these Terms and Conditions. FedEx Cross Border will not take title to any items you ship or process through the FedEx Cross Border Services except as provided under these Terms and Conditions.
- FedEx Cross Border has the sole discretion to select the mode and carrier for transporting your items and fulfilling the FedEx Cross Border Services.
- If a manufacturer provides a warranty on the items that are shipped to a FedEx Cross Border facility and/or processed for shipment by FedEx Cross Border, FedEx Cross Border will, to the fullest extent allowed by law, pass on such manufacturer's warranty to you. FedEx Cross Border does not and will not offer any warranties, express, statutory or implied, with regard to any items that are shipped to a FedEx Cross Border facility and/or processed for shipment by FedEx Cross Border.
- ORDER PROCESSING AND PAYMENT: FedEx Cross Border reserves the right to delay or refuse the shipment of any orders that do not meet FedEx Cross Border internal screening requirements or that violate these Terms and Conditions. You acknowledge and agree that FedEx Cross Border may, at its sole discretion, reject the export and/or international delivery of items based on potential or perceived issues involving applicable United States federal, state and local and/or other foreign sovereign authority laws, rules, regulations or orders issued by any public authority having jurisdiction over any of the operations or activities performed or to be performed by or on behalf of FedEx Cross Border pursuant to these Terms and Conditions.
You acknowledge and agree that FedEx Cross Border will charge the credit card or other acceptable payment method you submit for payment of all applicable fees, duties, taxes and other charges related to international processing and shipment of your items.
If you select a DDU (delivered duty unpaid) shipping option, you acknowledge and agree that you may be required to pay duties and taxes to the courier upon delivery.
- CROSS-BORDER ENABLEMENT CHARGES: You acknowledge and agree that FedEx Cross Border is free to determine, in its sole discretion, the amount charged to cover the FedEx Cross Border Services and the International Sales Expense. You acknowledge that the "Shipping Rates" and "Duty and Tax Estimator" functions in FedEx Cross Border Services are for informational purposes only. Actual cost for your shipment is determined at the time you instruct FedEx Cross Border to release items for international processing and ship them from the FedEx Cross Border facility.
- FORCE MAJEURE: You acknowledge and agree that FedEx Cross Border shall not be liable for any delay or default in the performance of any obligation under these Terms and Conditions if such delay or default is caused by acts of God, war, labor disruption, strikes or anticipated strikes of any party or any other entity, embargo, riot, civil unrest, perils of the air, public enemies, local or national weather conditions, national or local disruptions in air or ground transportation systems or networks, acts of terrorism, conditions that present a danger to personnel, and disruption or failure of communication and information systems (including, but not limited to, either Party's systems and the public internet), intervention of government authority, failures of FedEx Cross Border vendors or other third parties, or any other similar event that is beyond the reasonable control of FedEx Cross Border ("Force Majeure"), provided that FedEx Cross Border did not cause such delay or default. Upon notice of such Force Majeure event, FedEx Cross Border is excused from performance during the period of such delay.
- TITLE AND OWNERSHIP OF FEDEX CROSS BORDER SERVICES AND FEDEX CROSS BORDER SYSTEMS: As between you and FedEx Cross Border, all rights, title, and interest in and to the FedEx Cross Border Services, FedEx Cross Border systems, and FedEx Cross Border trademarks, including intellectual property rights, are owned exclusively by FedEx Cross Border. Except as expressly provided in these Terms and Conditions, FedEx Cross Border does not grant you (and expressly reserves) any rights, express or implied, and ownership in the FedEx Cross Border Services and FedEx Cross Border systems. FedEx Cross Border does not accept ideas, concepts, or techniques for new services or products through its Services. If such information is received, it will not be considered confidential and FedEx Cross Border will be deemed free to use, communicate and exploit such information in any manner it chooses.
- By using the FedEx Cross Border Services, you agree to indemnify, defend and hold harmless FedEx Cross Border, its directors, officers, employees and Affiliates (collectively, the "Indemnified Parties"), from and against any and all third party claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees, costs and expenses incidental thereto), connected with or resulting from injury to or death of persons or injury to tangible property, or violation of any applicable law or regulation; to the extent arising out of your negligent acts or omissions or willful misconduct or violation of any law or regulation, in connection with the provision or receipt of the FedEx Cross Border Services. FedEx Cross Border must provide you (i) prompt written notice of any such claim; and (ii) at your request, such reasonable assistance and information as is available for the defense of such claim. You shall not settle any claim on behalf of FedEx Cross Border without its prior written consent, which shall not be unreasonably withheld.
- You acknowledge and agree that you will also indemnify, defend and hold harmless the FedEx Cross Border Indemnified Parties from and against any and all claims and losses relating to, based on, or arising out of any claim regarding or arising from:
- the use of, defects in, or malfunction of any items you ship to, or release for international processing and shipment from, FedEx Cross Border;
- your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which FedEx Cross Border reasonably relied in accordance with these Terms and Conditions;
- your shipment, or attempted shipment, of any items prohibited by these Terms and Conditions; or
- your loss, compromise, or any unauthorized use of International Customer Information obtained through the FedEx Cross Border Services.
- If there is an actual or potential conflict between sections "a" and "b" of this paragraph 20, section "b" shall control.
- OUTSOURCING/SUBCONTRACTING: You acknowledge and agree that FedEx Cross Border shall be entitled to perform the FedEx Cross Border Services outlined in these Terms and Conditions directly or indirectly through affiliates and/or third party entities with which it may contract for such purposes.
- ASSIGNMENT: You may not, directly or indirectly, in whole or in part, either by operation of law or otherwise, assign, transfer or delegate any of your rights or obligations under these Terms and Conditions without FedEx Cross Border written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Without limiting the foregoing, these Terms and Conditions will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.
- GOVERNING LAW: To the extent consistent with governing federal and international laws identified herein, these Terms and Conditions shall be interpreted in accordance with the laws of the State of Tennessee, USA, without regard to or application of choice of law rules or principles. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sales of Goods (1980) as may be amended and the Uniform Computer Information Transactions Act. Any action arising under these Terms and Conditions or the use of the Services must be brought in the appropriate state or federal court in Shelby County, Tennessee. The parties submit to the jurisdiction of and agree that venue is appropriate in these courts.
- LINKS: There may be links as part of the Services that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FedEx Cross Border. FedEx Cross Border makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
- MODIFICATION AND AMENDMENT: You acknowledge and agree that FedEx Cross Border may modify or amend these Terms and Conditions from time to time and at its sole discretion. It is your responsibility to review and be familiar with the current version of these Terms and Conditions, which are in the portion of the FedEx Cross Border website where terms and conditions are typically located (i.e., at the bottom of the home page). Your continued use of FedEx Cross Border Services will constitute and be deemed acceptance of the then-current version of these Terms and Conditions.
- NO WAIVER: The FedEx Cross Border waiver of any term, condition, or provision of these Terms and Conditions must be in writing and signed by an authorized representative of FedEx Cross Border. Any such waiver will not be construed as a waiver of any other term, condition, or provision except as provided in writing, nor as a waiver of any subsequent breach of the same term, condition, or provision.
- SEVERABILITY: If one or more provisions of these Terms and Conditions are held to be unenforceable under applicable law, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the balance of these Terms and Conditions shall remain enforceable.
- RELATIONSHIP OF THE PARTIES: Your use of any of the Services offered by FedEx Cross Border does not create, and shall not be deemed or interpreted as creating, any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FedEx Cross Border. You acknowledge and agree that you will have no authority to make or accept any offers or representations on behalf of FedEx Cross Border. You will not make any statement that reasonably would contradict anything in this paragraph.