privacy policyTERMS OF SERVICE

Please Read the Terms and Conditions Below :  These terms and conditions are in place for the benefit of the customer as well as to provide the ability for EngineShipping.com to maintain a level of integrity, quality customer service, maintain quality assurance with every shipment and allow our customers to understand our terms of service for the items to be shipped through EngineShipping.com

If you have any questions concerning these terms and conditions feel free to call us directly and speak to a representative of EngineShipping.com.

EngineShipping.com is strictly a third party freight broker and does NOT operate any equipment or deliver any shipments. All freight moved through EngineShipping.com shall be done with Engines Direct as the third party bill to. EngineShipping.com is a "doing business as" company of Engines Direct. EngineShipping.com will from hereinafter be referred to by name or as "the organization."

The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as "client") agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Client, unless and until these TERMS AND CONDITIONS are altered or amended by the EngineShipping.com. EngineShipping.com reserves the right to change, alter or amend the TERMS AND CONDITIONS at any time and such updates will go into effect the moment they are published on this site.

The General Rules Tariffs, set forth by the carriers provided as Solutions with the Organization, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Organization's TERMS AND CONDITIONS stated herein. If not stated within the carrier's General Rules Tariff, the Organization's TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

EngineShiping.com is a freight broker and NOT a freight carrier. The Organization reserves the right, in its sole discretion, to refuse any shipment at any time.

1. Bills of Lading

All Bills of Lading are NON-NEGOTIABLE and have been prepared by "The Organization" as Customer's agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Organization, or the use of any Bill of Lading not authorized or issued by the Organization shall VOID the Organization's obligations to make any payments relating to this shipment and VOID all rate quotes.

2. Customer's Warranties

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. The Organization assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer. Customer agrees to indemnify Company for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this provision.

3. Necessary Documentation

The Customer is required to use the Organization's Bill of Lading of choice. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs the Organization, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Organization is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Organization completes that document, the terms of this Bill of Lading will govern. The Organization is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

4. Payment

All charges are payable in US Dollars and are due before any pickup of any shipment is made. In the event the Organization retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges relating to this shipment.

All Customers are subject to credit approval at the Organization's discretion. The Organization intends to perform a credit check based on the information provided at the time of enrollment by the Customer when Engines Direct see fit. The amount of credit, if any, granted to the Customer is at the sole discretion of the Organization. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer's shipment. These charges and adjustments, if any, will be automatically debited to the Customer's credit card or bank account or PayPal account.

The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Organization's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment. The Organization shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Organization reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Organization does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Organization.

Note: As part of the anti-terrorism rules / regulations, inspection of freight that moves cross border (to or from Canada or Mexico) may result in carriers (LTL, TL and Intermodal) applying charges to shipments inspected by US Customs. These random inspections are not known at time of shipment and therefore are excluded from all quotes. Any applicable costs associated with random border inspections will be the responsibility of the customer.

5. Claims and Limitations of Liability

The Organization will act as the primary point of contact for claims and ensure that all claims are filed and processed in accordance with 49 C.F.R. 370. All claims should be submitted immediately to the Organization to help ensure timely resolution. The Organization will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process any freight loss or damage claims and any claim for damage to our customer's property occurring in the course of the transportation services rendered to such Customer. The liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706.

The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. Those Tariffs can be viewed at the Organization's corporate offices. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The Organization's liability for loss, delay or damage to shipper's goods extends only to the insurance coverage provided by its contingent cargo insurance. While the Organization carries such contingent cargo insurance, the maximum amount that Customer will receive on a claim will be that that which is recoverable under the respective transportation tariffs. The Organization will not be responsible in any way for claims arising out of Customer negligence. The Organization also has available for purchase by the Customer, upon request, shipper's interest cargo insurance. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. Customer may not offset freight or other charges owed to Organization against claims for any loss, damage, mis-delivery or non-delivery. The Organization has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account.

7. Rates

LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.

All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

The Organization assumes no liability and in no event shall be responsible for any carrier billing, rating, and tariff inaccuracies. To ensure that all quotes remain current and accurate, please provide the Organization 15 day's notice of any change to your carrier contracts, discounts, or tariffs.

10. Shippers Interest Contingent Cargo Liability Insurance

Liability Limitations:

Used, Reconditioned, Refurbished, or Uncrated commodities will be accepted for transportation, subject to the following:

(1)Commodities as described above, subject to this contract, must meet and comply with all packaging requirements as provided for the individual commodity as prescribed by the NMFC. Also applies on accessories, attachments or parts attached to the individual commodity with which shipped or detached and in the same package with or separate package from the individual commodity or in packages when the commodity is shipped loose or on skids.

(2)Carrier’s liability for freight claims will be limited to $1.00 per pound, not to exceed three (3) times the total freight charges applied to the shipment on which the liability is involved, whichever is lower, however, in no event shall the liability of the carrier exceed the actual value of the shipment or the amount of loss or damage actually sustained or $100,000, whichever is lower, unless, at the time of shipment, shipper has requested EXCESS LIABILITY COVERAGE- ITEMS OF EXTRAORDINARY VALUE, see below for additional coverage.

(3)Failure of the consignor to declare that commodity is “Used”, “Reconditioned”, “Refurbished”, or “Uncrated”, shall not alter the application of this item.

Note A: Application of the ITEM does not apply on those commodities named in NMFC subject to specific released value provisions, unless the release rate applied pursuant to this ITEM is lower. Refer to the provisions of NMFC.

New, crated(as per NMFC requirements) commodities:

(1)Except as otherwise noted provided herein, carrier’s maximum liability for goods lost or damaged in transit shall be limited to the actual value of the goods, not to exceed the maximum value per pound as outlined below. The maximum value per pound shall be determined by the actual Class of the articles tendered for transportation, as published in the NMFC 100 series, or at an exception class, whichever is less, and will apply to the weight of the lost or damaged articles.

ClassMaximum Value Per Pound
 70.0         $6.00
 77.5         $7.75
 85.0         $12.00
125.0        $24.75
300.0        $25.00

Excess Liability Coverage-Items of Extraordinary Value:

2)If shipper desires to tender a shipment requiring carrier liability in excess of carrier’s maximum liability as defined above of this contract, then shipper must indicate in writing in Note 1 or the Bill Of Lading, the agreed or declared value of the property being shipped. Carrier will assess an additional charge, in excess of the total freight charges, of $1.25 per each $100.00 by which the agreed or declared value exceeds the carrier’s maximum liability as define above in this contract. Excess liability coverage charges shall be paid by party specified in the Bill of Lading as responsible for the payment of freight charges. Notwithstanding the agreed or declared value represented by the shipper, Excess Liability Coverage and the Carrier’s Maximum Liability shall not exceed the full actual value of the goods lost in transit or $100,000, whichever is lower.

NOTE: This ITEM does not apply on those commodities named in NMFC that are subject to specific released value provisions which are lower than the maximum value per pound outlined in this item, nor as provided in

The Organization has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. In the event of cargo loss or damage, the Certificate Holder is to contact the Claim Agent noted on the Certificate of Insurance immediately. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading/delivery receipt. If the loss or damage is not apparent (concealed), the certificate holder must contact the Claims Agent noted on the certificate within 3 days after taking delivery.

All insurance acquired for shipments must be done so by the Client through a third party. The Organization can, at the Clients request; secured additional insurance through a third party source, but the insurance will be placed in the Clients name. The choice of the insurance provider will be at the sole discretion of the Organization, when requested to acquire insurance from the client.  The Organization will add the cost of the insurance, plus 15% or $10 service fee, whichever is more, to the cost of the insurance and that amount will be added to the cost of the shipment.

Policy Terms and Conditions

It is warranted by the Assured:

That the interest insured hereunder is in good condition at the commencement of coverage. That no claim for loss and/or damage shall attach unless, immediately on the first discovery of any loss and/or damage to any part of the interest hereby insured, written notice shall have been given to the Insurance Company. In no event shall any claim be recoverable hereunder unless notice is given to the Insurance Company within thirty days of the termination of this insurance.

That the value to be made good in case of the interest insured hereunder being condemned on or after arrival shall in no case exceed the sound market value, less usual charges, or the insured value, whichever may be the smaller.

New or Used Autos

Warranty - Each shipment must have a written pre-shipment report of condition noting any damages. If there is no pre-shipment report, coverage shall exclude claims for scratching, denting, bruising and cost of repairing.

Coverage excluded:

1. frost damage and mechanical derangement unless caused by an external impact to the vehicle

2. loss of, or damage to the following: radios, cassette recorders, CD players and/or cassette players and similar equipment, any contents of the vehicle that are not a permanent part of the vehicle as it came from the manufacturer.

There is no coverage while the vehicle is being operated under its own power.

Household Goods and Personal Effects

1. Coinsurance - This policy is subject to a 100% coinsurance clause, so that if the property covered by this insurance shall at the time of the loss be of greater value than the sum insured, the Assured shall be entitled to recover hereunder such proportion of the said loss as the sum insured by this policy bears to the total value of the said property.

2. Pairs and Sets Clause - Where any insured item consists of articles in a pair or set, this policy is not to pay more than the value of any particular part or parts which may be lost without reference to any special value which such article may have as part of such pair or set, nor more than a proportional part of the such pair or set.

3. Depreciation - Underwriters' liability is restricted to the reasonable cost of repair and no claims shall attach hereunder for depreciation consequent thereon.

4. Mechanical and Electrical Derangement - This coverage excludes loss of or damage due to mechanical, electrical or electronic derangement unless there is evidence of external damage to the insured item or its packaging.

5. This Policy excludes loss or damage due to moths, vermin, wear and tear, and gradual deterioration.

6. Replacement Clause - In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered under this policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts, plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable, Provided always that in no case shall the liability of the Underwriters exceed the insured value of the complete machine.

7. Climate Conditions Clause - This policy excludes loss or damage caused by climatic or atmospheric conditions or extremes of temperature.

8. Owner Packed Goods - Coverage under this policy excludes breakage, scratching, denting, chipping, staining and tearing of owner packed effects, including trunks, suitcases and the like. Also excluding claims for missing items unless a valued list of contents is supplied by the owner prior to commencement of transit.

9. Excluded Goods - Coverage does not apply to cash, notes, stamps, deeds, tickets, travelers' checks, jewelry, watches or similar valuable articles.

10. Accompanied Personal Effects - This policy excludes loss in any form from an unattended vehicle.

Steel Sheets, Coils Bars, Billets, and the like

1. This Policy excludes loss, damage or expense caused by rust, oxidation, corrosion or discoloration absolutely. Coverage also excludes twisting, bending and distortion unless caused by a peril insured against.

For further information concerning items that cannot be shipped by EngineShipping.com, please contact: 1-800-998-2100.

6. Seller/Customer Release of Liability: EngineShipping.com shall not be held liable by Seller and/or Customer for the following:

a. Accuracy of item description, its contents, or its condition.

b. Any damages, injury or anything else either directly or indirectly caused by the use and/or application of the item being exchanged.

c. Any other limit of liability related to the item being shipped.

7. Independent Contractor: EngineShipping.com shall be an independent contractor with respect to Seller and/or Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.

EngineShipping.com shall engage and/or subcontract with such entities and/or individuals as it may deem necessary or appropriate in connection herewith, it being understood and agreed that such entities or individuals shall be subcontractors of EngineShipping.com only and shall be subject to discipline and control solely and exclusively by EngineShipping.com.

8. Charges for Services: Charges will be based upon actual weights and dimensions shipped. All Service Orders or invoices submitted to Seller and/or Customer for fees related to services shall detail the materials used and/or services performed, the applicable rate and the total amount due and owing.

9. Rate Quotations: Rates and product/service quotations by EngineShipping.com will be based upon information provided by Seller and/or Customer. Final rates and service may vary based upon the shipment actually tendered. EngineShipping.com will not be liable for, nor will any adjustment, refund or credit be made, as a result of any discrepancy in the rate or service quotation made prior to the actual tender of the shipment with what appears on the Service Order or invoice, unless the rate or service applied at the time of the original Service Order or invoice is inconsistent with the shipment actually tendered.

10. Payment: Seller or Customer will pay Engines Direct via credit card or PayPal service or as otherwise designated by EngineShipping.com in its sole and absolute discretion. All applicable terms and conditions as set forth by the electronic payment service or any other payment mechanism as specified by EngineShipping.com shall apply.

11. Obligations of Seller and Customer: In addition to all other obligations set forth in any Service Order, Seller and Customer represents and warrants to EngineShipping.com as follows: (a) all items to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) Seller and Customer will make every effort to accurately measure the dimensions and weights of all items and understands that the EngineShipping.com rate depends upon the accuracy of this information (c) Seller or Customer's authorized representative(s) shall be identified to EngineShipping.com agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign, all documents evidencing pick-up of the items to be shipped by EngineShipping.com; and (d) Seller or Customer is the legally documented owner of all property received by EngineShipping.com, and/or is authorized to cause such property to be stored and otherwise controlled by EngineShipping.com as provided in the applicable Service Order.

12. Limitations of Liability:

EXCEPT AS SET FORTH BELOW, NEITHER ENGINESHIPPING.COM NOR ANY OF ITS CARRIERS OR AGENTS SHALL BE LIABLE TO SELLER OR CUSTOMER (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THEIR RIGHTS) FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF THE NEGLIGENCE OF ENGINESHIPPING.COM OR ITS CARRIERS OR AGENTS OR THE BREACH OF ANY WARRANTY OR OTHER TERM OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER ENGINESHIPPING.COM OR ANY OF ITS CARRIERS OR AGENTS WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. In addition, Seller and Customer hereby acknowledge and agree that the payment schedules established for each Service Order are based upon the limitations of liability agreed to herein, regardless of the actual value of property that may be lost or damaged, or any consequential damages which may be incurred (whether foreseeable or not).

Liability for Negligence: Customer shall declare the value of the item(s) to be shipped in the Service Order. If Customer fails to declare a higher value, the customer signing the Service Order agrees that the shipment will automatically be released at the carrier’s maximum liability of $.10 cents USD per lb per item(s). Customer hereby releases EngineShipping.com, its employees and subcontractors from any liability in the absence of a declared higher value. If Customer declares a value of the item(s) shipped exceeding $.10 cents USD per lb per item(s), EngineShipping.com agrees to reimburse Seller or Customer, as applicable, for the actual value of any tangible personal property lost or damaged while in EngineShipping.com's or its subcontractors' or employees' care, custody and control, when such loss or damage was proximately caused by the negligence of EngineShipping.com or its subcontractors or employees.

Delayed Shipments: EngineShipping.com will use commercially reasonable efforts to deliver the shipment according to the Service Order. EngineShipping.com is not liable for any delays in the shipping process (including picking up a shipment from Seller, transporting a shipment, and/or delivering a shipment to Customer).

13. Shipment Liability and Insurance Valuation

EngineShipping.com shall not be liable, in case of loss or damage, for more than: a) The actual cash market value of the said property at the point of destination on the date of disaster*, with proper deduction for depreciation however caused. b) The amount it would cost to repair or replace the said property at point of destination on the date of disaster, with proper deduction for depreciation however caused. c) The amount it would cost to repair or replace the said property with material of like kind and quality, with proper deduction for depreciation however caused or the amount declared by the customer, whichever amount is the lesser. d) Shipper must provide a detailed and separate inventory of all boxes, contents and corresponding values. If not, any liability settlement is based on the number of boxes or individual pieces divided into the total value.

Note: The original commercial invoice, PayPal receipt, or current appraisal (appraisal must be less than one year old) is necessary as proof of value.

Proof of value must exist and be available prior to shipment date. Declaring a value on the Service Order is not an accepted proof of value.

Carrier's maximum liability for loss and damage to a shipment is limited to the lower of these two amounts:

* $.10 cents USD per lb per item or

* The actual cash value of the article, whichever is less.

The actual cash value does not include any commercial utility or special value to the customer or any other person.

Please note that shipment insurance does not cover consequential damages, or loss caused by transportation delays. If shipment insurance is not requested in the Service Order, the shipment is automatically released at the Carriers maximum liability. If any portion of your bill is disputed or unpaid, your insurance automatically goes in default. The account must be paid in full before the claim will be submitted.

Terms and exclusions of insurance:

(a) loss or damage arising out of the acts of any government, customs authority or official confiscation. Consequential losses due to delay or any depreciation in value not covered.

(b) items missing from owner packed cartons. In addition, claims will not be honored for the loss of any owner packed carton unless the shortage has been noted at the time of delivery.

(c) loss due to damage or breakage of items in owner packed cartons.

(d) loss or damage to jewelry, gem stones, cash, currency, or bank notes, deeds, travelers cheques, coin or stamp collections, alcoholic beverages, negotiable items or contraband.

(e) loss or damage caused by wear or tear, changes in climatic conditions, infestation (moth or vermin), or inherent vice.

(f) any internal electrical or mechanical component of any device unless exemptions are noted at the time of delivery for external damage to such property. Loss of data and recalibration are also excluded.

(g) loss or damage unless the premium for the insurance has been received by the carrier or insurance company.

(h) wrinkled or soiled clothing, drapes and rugs.

(i) marring, scratching, denting, chipping or rubbing on items which have been received by the carrier as condition unknown.

(j) nondelivery of a shipping package if the delivery receipt shows that all the packages were delivered to the final destination (unless receipt appropriately claused).

(k) loss caused by nuclear reaction, radiation or radioactive contamination, whether controlled or uncontrolled, however caused.

(l) items not listed on the inventory or freight bill prepared at the origin.

(m) appraisal fees.

If any item of a "set" is lost or damaged, payment is only made for the proportionate value of the item damaged, not the entire set.

The insurance includes coverage up to 30 days storage at the origin and/or destination. The shipment must move within 30 days after pick up. Any additional storage time must be requested and paid for.

Insurance Claims: Customers who wish to submit a claim for lost, mis-delivered, or damaged shipment, must:
* Submit the claim in writing.
* Submit the claim within 45 days from the date that EngineShipping.com delivers the shipment.
* Submit the claim to EngineShipping.com's headquarters.

No claim will be reviewed until all shipping and related charges have been paid to EngineShipping.com. All packaging and containers must be made available for inspection by EngineShipping.com. Insurance claim payments, minus $100.00 USD deductible, will be made in U.S. dollars.

16. Compliance with Law: Each party shall, at all times during the term of these terms and conditions and at its own expense, comply with all applicable federal, state, and local laws, rules and regulations, and shall maintain in full force and effect all license and permits required for performance under these terms and conditions.

17. Force Majeure: Any delay or failure of performance of either party to these terms and conditions shall not constitute a breach or default of these terms and conditions or any Service Order, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations, or ordinances. In the event that a party intends to invoke this force majeure provision, that party shall provide prompt notice to the other party as soon as possible after the occurrence of the event giving rise to the claim of force majeure.

18. Entire Agreement: These terms and conditions together with all Service Orders entered into between the parties completely and exclusively states the agreement of the parties regarding the subject matter hereof and supersedes all prior negotiations, representations or agreements with respect to the subject matter hereof, written or oral, and may be amended only by written instruments signed by all parties hereto. If any part of these Terms and Conditions is found unenforceable, it will not affect the validity or enforceability of any other provision of these Terms and Conditions.

21. Counterparts; Facsimile and Electronic Signatures: These terms and conditions and all Service Orders entered into hereunder may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. These terms and conditions and all Service Orders entered into hereunder may be executed by facsimile signature or by any other electronic means and such signatures shall be deemed to be originals for all purposes under these terms and conditions and any Service Order.

THE ORGANIZATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE ORGANIZATION CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE ORGANIZATION SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE ORGANIZATION HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED