LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
Postal Center International, Inc. (thereafter “PCI”) and the customer agree that the daily aggregate of all pieces of mail and other items given to PCI for delivery to the United States Postal Service, have and will have an aggregate liability value of less than $100.00. [In the event of any loss, damage, delay or improper handling of items given by Customer to PCI, PCI’s maximum aggregate liability to Customer and/or to third parties shall not be more than $100.00.] All claims for loss, damages, delay or improper handling must be made within 30 days of delivery of the item to PCI, or such claim shall be null and void. In the event of any claim for liability against PCI by a third party, Customer agrees to hold PCI harmless against any such claim (including attorney’s fee before suit and at all levels of court), irrespective of the cause of such third party’s loss.
The Customer is aware that the Daily Count Sheets provided by PCI are primarily for the Customer’s internal controls. PCI will process mail according to the Customer’s flags. When PCI’s metering services are utilized, PCI will apply postage according to Customer’s flags and PCI’s equipment will determine the number of pieces and the amount of postage billed, allowing a variance of 20%. Postage will be billed at a variety of postage rates (Automation First-Class Presort, Non-Automation First Class Presort, Standard Mail Rates, Full Postage, etc…) depending on Customer Flags, Address Quality, Operational Deadlines, and whether the mail is directed to a National or Florida address. If the Customer chooses not to provide PCI with a separate daily count for flats/parcels/etc. (1oz-70lbs) then PCI will periodically analyze the Customer’s mail and set proper percentages for billing. PCI will bill from counts taken either from the Daily Count Sheets or PCI’s equipment (Meter, OCR, Inserter, etc…). The Percentage qualification for barcode, presort, encoding & flats are based on an initial computer analysis from which proper percentages are entered for billing.
The Customer is aware that for any Direct Mailing the initial proposal/estimate is based upon the number of pieces estimated by the Customer and actual charges may vary depending upon the number of actual pieces processed. Any excess pieces held longer than 30 days after the job is completed will be discarded. There may be a charge to return excess materials. PCI is not responsible for any response rates.