This Shipment of Goods Policy (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.
1. Fulfillment Service. Subject to the Terms and Policies, Amplifier will fulfill orders on your behalf and agrees to use commercially reasonable methods and efforts to fulfill such orders, and to do so within a commercially reasonable period of time. Amplifier will only ship orders that arrive per the Order Conveyance Policy.
2. Shipping Compliance. Amplifier herein assumes no liability for any compliance issues or errors related to any retailer, reseller, or entity that has specific receiving or delivery requirements. Unless Amplifier has otherwise expressly committed to its preparedness with respect to such compliance requirements in writing under a separate written agreement, Amplifier assumes no liability for any penalties associated with shipping such orders. Such a separate agreement may also call for setup fees, additional fees, and other applicable charges for shipments to such entities. If the compliance requirements for a particular entity change in any respect, then Amplifier will assume no liability for any compliance errors related to this entity until Amplifier has committed in writing under separate agreement to its preparedness with respect to such changes.
3. Standard Shipments. “Standard Shipments” (as defined below) must conform to the requirements set forth below and are the only shipments that will qualify for the Fulfillment Fees as defined in the Pricing Page. If a shipment requires any additional measures, contents, or handling, then the shipment will not be considered a Standard Shipment and additional fees will apply.
The practices and rates as outlined in this section apply whether the shipment is the first shipment sent or a reshipment. In addition, if Amplifier is able to split a single large potential shipment into two smaller shipments in a manner that will reduce the total amount you pay for fulfillment and freight, then you hereby authorize Amplifier to do so and understand that you will pay for each shipment separately according to the Pricing Page.
To qualify as a “Standard Shipment,” a shipment must satisfy each of the following requirements:
a) Domestic Address. The ship-to address must be in the domestic United States;
b) Make-ready and Assembly. The shipment and its items will require neither Make-ready nor Assembly. In the event that shipments or items require Make-ready or Assembly, you agree to pay the Rates in the Pricing Page for this work.
c) Packing Requirements. The shipment will require only the following contents: (a) the items ordered as described above; (b) a packing slip that will require only the listing of the contents of the order and the shipping address and billing address for the order;
d) Shipping Label. These shipments will require only a standard, non-custom shipping label to communicate basic delivery information to the carrier.
4. Items and Fees. You agree to pay Amplifier the item-based and order-based fees and surcharges as defined in the Pricing Page. If several items are bundled and sold to the end customer as a single product or bundle, each discrete item in the bundle that must be picked or packed will be considered an Item. Each discrete Item that must be picked or packed will be considered an Item for the purposes of this Policy. If you request a Drop-In (defined herein as a single item that is smaller than 8 inches x 10 inches x 0.1 inch and which will not require any change in packaging and that is added to every Client shipment), you agree to pay Amplifier for this service at the rate specified in the Pricing Page.
5. Packaging. Amplifier will provide basic materials required for shipment of products such as stock boxes, packing materials, tape, and generic labels at the rates specified in the Pricing Page. Any custom packaging or packing supplies will be supplied by you at its your expense and will be charged fees as specified in the Pricing Page. Further, if your products are glass or fragile, or unusually large or heavy, such that Amplifier’s standard packaging materials will not suffice, you agree to provide and/or pay for the additional packing materials required. If you provide pre-packaged inventory, we may determine your packaging to be insufficient for shipping, and an outside box required. At our discretion, we may offer an outside box and packaging solution for an additional fee.
6. Service Credits. Amplifier will provide per-item service credits towards shipping fees for any order that is shipped in error provided that such error is solely caused by the negligence of Amplifier. Amplifier will not be obligated to grant service credits in connection with any item of Client Inventory that is damaged or destroyed in shipment or based on the errors or acts of your customers. You will not be charged for reshipments resulting from the negligence of Amplifier.
7. Shipping and Handling and Related Fees. You are responsible for setting and collecting shipping and handling fees charged to your customers. For all shipments processed by Amplifier on your behalf in association with these Terms, you agree to pay Amplifier for freight service via third-party carriers, to be chosen by Amplifier, according to Amplifier freight policies as well as any associated fees as outlined herein.
Rates and service quotations are estimates and will be based upon the information provided by you, but final rates and service may vary based upon the shipment actually tendered. Charges will be assessed at the Amplifier rates effective the day the shipment is processed for fulfillment. Due to potential delays beyond the control of Amplifier in the discovery of errors Amplifier reserves the right to retroactively assess or adjust fees, and to make certain aspects of an Account not editable at Amplifier’s discretion in order to avoid further errors. Fees related to Customs and security, failed pickup or delivery, returns, labor and waiting time, and reconsignment, may be assessed and these additional charges and may incur additional transit day(s). Amplifier further reserves the right to bill additional fees, along with Amplifier administrative fees, for address corrections and other carrier adjustments that are billed to Amplifier by transportation carriers and agencies. A shipment that originates from, or is destined to, a rural location or a location distant from a commercial center may be assessed additional charges and may incur additional transit day(s). Known surcharges like Fuel surcharge and Delivery Area surcharges will typically be included at the time of shipment. Some surcharges and fees are not known until after delivery has been made, (e.g. wait time, additional delivery attempts, redirect fee’s, address correction fees). You are responsible for any invoiced surcharge or fee for shipments from your account. Amplifier may bill these charges in arrears without additional notice.
8. Additional Limitations on Liability. In addition to the limitations of Amplifier’s liability set forth in the MSA, Amplifier shall not be liable to you in connection with any order which cannot be filled due in part to circumstances beyond the control of Amplifier, including but not limited to transportation interruptions affecting the supply of Client Inventory, manufacturer or distributor back orders and insufficient Client Inventory or packaging supplies. Amplifier shall also not be liable for defects or quality issues related to the manufacturing and assembly of Client Inventory.
Amplifier shall not be held directly or indirectly liable for (i) any errors or malfeasance of any third party carrier; (ii) any errors or damages resulting from Client’s customer providing inaccurate shipping information; or (iii) errors or damages resulting from Amplifier’s inability to access sales and order data from your or any third-party e-commerce or software or service provider.
9. Product Descriptions, Dimensions and Weights. All shipping costs quoted are estimates until billed by carriers. Amplifier reserves the right to edit dimensions and weight at its discretion to reflect actual packing requirements. Amplifier will not be responsible for refunds for overpayment of carrier fees due to erroneous product weight or dimensions. If you would like Amplifier to update or re-examine your exact product weight and dimensions, please submit a Project request to measure your inventory for weight and dimensions.
10. Shippable Addresses. You are responsible for the accuracy and deliverability of shipping addresses. Amplifier may, at its discretion, verify some shipping addresses, but this is not a replacement for your diligence and verification. If Amplifier provides an order shipping estimate on the basis of an address later discovered to be inaccurate or incomplete, you are responsible for any applicable address correction fees, or for any difference in shipping cost due to differences between the client-provided address and the actual address (e.g. incomplete addresses, commercial/residential address status, and rural address status).
11. International Shipping. Amplifier offers International shipping on a best efforts basis. Amplifier reserves the right to charge additional item, international documentation or per shipment handling fees for any international shipment. Amplifier will make best efforts to display these in shipping estimates. Amplifier offers International shipping on a “best efforts” basis because we cannot guarantee delivery due to the unknowns involved with cross-border shipping.
Customs and Customs agents can delay, refuse to process, assess brokerage, lose or impose unanticipated customs, tax or duties to international shipments at their discretion. Even perfectly documented shipments can be returned to the warehouse with no reasons indicated. Amplifier will not refund or guarantee an international shipment that was lost or returned.
It is your responsibility to protect against international fraud, and all Amplifier charges must be paid whether the order was fraudulent or the product was delivered or not.
It is also your responsibility to inform your international customers that (i.) the goods will be imported on their behalf and (ii.) they authorize you to do so. Further, you acknowledge that you will require that your international customers agree that you may delegate the obligation to import goods on their behalf to a subcontractor (e.g. a customs broker). Your customer will pay the taxes and duties in addition to the purchase price of the goods, unless you have elected to use a duties-paid ship method, in which case you will have paid the taxes and duties.
12. International Returns. International shipments that are not delivered are often returned by the carrier and assessed return shipping, brokerage and returns processing carrier fees. These fees assessed by the carriers are billed through to clients. Amplifier strives to work with clients to circumvent International returns or abandon inventory at the client’s request; however, this is done on a best efforts basis and Amplifier reserves the right to assess administration fees.
13. International CDT. Customs, Duties and Taxes (“CDT”) on any international shipment charged by the carrier are your responsibility and will be charged back to you regardless of whether they were or were not in the initial shipping estimate, or whether the order was or was not delivered.
14. Quotations are Estimates Only. Quotes regarding merchandise production, shipping fees, duty, international brokerage, freight or other charges given during your use of Amplifier Services are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Amplifier. Quotations accepted through Amplifier Services, Account, API, or in communication with Amplifier Client Service are estimates based on the information you have supplied and available at the time. Final production charges will appear on sales orders you will have the opportunity to approve before paying for a production job. Final shipping charges may differ from a quote based on carrier prices, characteristics of your Inventory, the address, and services requested during the normal course of delivery. Amplifier specifically disclaims liability for any shipping rate errors due to information you have supplied or dimensions and weights. Amplifier disclaims liability for any shipping rate errors due to failures in communication with shipping carriers that are outside of Amplifier’s control.
15. Undeliverable Shipments and Returns. Amplifier can only receive merchandise with a proper ASN # or RMA # attached. Merchandise returned directly to Amplifier without a proper ASN # or RMA # may be either refused or discarded without notice to Account holder. In the case of an undeliverable shipment being returned to the warehouse, Amplifier will attempt to trace the return to its order and process as a return. It is your responsibility to submit deliverable orders, and to ensure returns are handled properly. Further, you agree that the condition of a return is subjective, and that Amplifier is in no way liable for inspection, or for storing, handling, disposing of, or re-shipping returns that appear damaged. Amplifier will charge the Returns Handling Fee as defined in the Pricing Page for this service. Please note that Amplifier allows returns of stocked goods but does not allow the returns of on-demand goods.
16. Editing or Canceling an Order. Once you submit an order to Amplifier, it is no longer editable or cancelable. You are responsible for managing orders; hold, edit, or cancel orders before submitting to Amplifier. If Amplifier, at its sole discretion, attempts to cancel or edit an order on your behalf after it is submitted, this effort is done on a best effort basis, may result in the order being reported as canceled but still shipping out, and may incur additional fees. Amplifier also reserves the right to edit at its discretion dimensions and weight in an effort to ensure accurate shipping fees.