The following are the Terms and Conditions of your use of our website: www.pafinsurance.com . Viewing or using this site will confirm your agreement to all of the terms herein. The following terms govern the relationship between you, the “Customer”, and P.A.F Insurance Services LLC.
We: P.A.F Insurance Services LLC, herein referred to as P.A.F, are a licensed freight broker, freight forwarder and Insurance broker providing domestic and international shipping services and cargo insurance.
Our website www.pafinsurance.com provides online cargo insurance quotes and online cargo insurance certificates/policies. P.A.F is not a freight carrier or insurance company and we reserve the right to refuse any shipment for freight services and/or cargo insurance services at any time.
P.A.F offers the Customer 3 cargo insurance coverage type options for purchasing primary cargo insurance on their shipment as well as other related transportation lines of insurance . If the customer does not purchase such cargo insurance, the customer acknowledges and agrees that they will be limited to the carrier’s standard liability cargo insurance coverage and that recovery is pursuant to the terms and conditions of the carrier’s General Rules Tariff.
If Customer does purchase cargo insurance through P.A.F, then P.A.F will issue a certificate for insurance coverage with the insurance company as per the information provided to P.A.F on the Customer’s application order form. The Customer will receive an insurance certificate for the declared value amount indicated and coverage type selected on Customer’s application order form. The insurance coverage will be issued by our partner A+ rated insurers. The Customer is bound by the terms and conditions listed on the insurance certificate as well as on the application order form at the time of purchase. If Customer purchases cargo insurance from P.A.F, customer agrees to the terms and conditions of the selected coverage type (click here to view) which are included in these terms and conditions herein by this reference.
Definitions of Terms
Customer: The term “Customer”, as used herein, shall refer to any person using our services, including the customer, shipper and consignee.
Insurer: The term “Insurer” refers to the insurance company whom provided the insurance coverage.
The General Rules Tariffs: The term “General Rules Tariff, as used herein, shall refer to the terms and conditions of carriage set forth by each carrier in regards to shipments scheduled with such carrier, that govern the relationship between the customer and the carrier.
Terms and Conditions of Coverage: The term “Terms and Conditions of coverage” refers to the terms and conditions of the insurance coverage from the insurance company/Insurer. This is the contract of insurance coverage between the customer and the insurance company.
Service or Services: The term “Service” or “Services”, as used herein, shall refer to any service provided by P.AF. whether through this website or by other means.
1. Acceptable Use
By using this site or our services, the Customer agrees to these terms and conditions as stated herein. The General Rules Tariffs, set forth by the carriers provided within P.A.F, will take precedence in all legal proceedings, and when applicable, will take precedence over these Terms and Conditions. If an issue is not addressed in The General Rules Tariff, then these Terms and Conditions shall control. Additional charges may apply based on each carrier’s General Rules Tarriffs.
In the case of conflict between these Terms and Conditions and those set forth by the carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. P.A.F reserves the right to change or amend these Terms and Conditions at any time. If P.A.F makes any changes to the Terms and Conditions, P.A.F will notify the customer by posting an announcement on this site.
2. Insurance Quotes
Cargo Insurance rates are based on the type of goods being shipped /commodity category of the items being shipped, the shipping origin and destination locations, the insured value and selected coverage type. The customer agrees to provide P.A.F with the correct description and value of their shipment so that P.A.F may provide the customer with accurate rate quotes. The customer agrees that it is their responsibility to determine the correct value of their own shipment. P.A.F may assist the customer in determining their freight value via phone, email or this website, however it is the customer’s responsibility to make sure this information is correct. Invoices indicating value will be requested by the insurance company in the event of a claim. P.A.F makes no guarantee that the rate quotes are accurate. Our partner insurance companies may change our policy rates at any time, resulting in a price change to the customer. The customer agrees that quotes are not guaranteed until insurance is booked and are subject to change at any time.
3. Customer’s Warranties
The customer warrants to comply 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.
The customer agrees to provide any information required to comply with such laws, rules and regulations and attach to the bill of lading such documents as necessary.
P.A.F assumes no liability to the Customer or to any other person for any loss due to the failure of the Customer to comply with these regulations.
4. Required Documents
If the Customer does not correctly complete all documents required for purchasing insurance coverage, such as the cargo insurance application order form, the Customer agrees to allow P.A.F, where permitted by law, to complete, correct or replace the documents for them in order to facilitated the issuance of insurance. P.A.F is not obligated to do so.
P.A.F is not liable to the Customer or any third party for any actions taken on behalf of the Customer.
5. Insurance Certificates
When Customer purchases cargo insurance through P.A.F and or the online service, a certificate of insurance will be issued based on the information provided by the Customer. Customer agrees to keep the original copy of their insurance certificate incase of a claim. Failure of Customer to provide a copy of their insurance certificate upon filing a claim will delay claims processing.
All insurance certificates are NON-NEGOTIABLE. Any unauthorized alteration or unauthorized use of insurance certificates will void the insurance coverage in place with the insurer.
All Charges for shipping & cargo insurance services are payable in US dollars and are due up front up at the time of purchase. Customer shall provide payment to P.A.F, for total amount due, by credit card or electronic funds transfer, before insurance coverage will be issued or certificate will be provided. Customers paying by credit card agree to the credit card merchant processing fee of 4% of the total charged amount, which will be charged in addition to the cost of services at the time of purchase.
P.A.F has the right to adjust the original quoted amount due, if the original quoted amount was based upon incorrect information provided by the customer at the time of the original quote, including but not limited to incorrect description of goods, weight, dimensions product description, origin and destination locations, packaging and insured value.
The Customer agrees to be jointly and severally liable for all charges payable for issuance of insurance. In the event the Customer is acting as an agent or broker on behalf of another client, then customer agrees that they have full authority to do so and shall be liable, jointly and severally, for all charges payable on account of clients shipment.
Customer agrees that P.A.F shall have a lien on any shipment /insurance certificate for all sums due from Customer. In the event P.A.F files a claim with insurer on behalf of the Customer and receives payment, P.A.F has a lien on such funds and may apply these funds to any amount due to P.A.F by the customer.
7. Cancellation Policy
Customer may cancel their purchased insurance as long as the certificate/policy has not been issued with insurer. Once a certificate of insurance has been issued with the insurance company there are no cancellations/refunds. In the event Customer needs to change information listed on Customer’s insurance certificate, a new insurance certificate will be issued with the corrected information. In the event of cancelled shipments in which insurance is no longer needed, customer may apply the premium towards insurance for a future shipment. P.A.F will place a credit on file under Customer’s account. In the event insurance is cancelled prior to the issuance of the certificate, then P.A.F will refund the customer the full amount charged minus any cancellation fees, if applicable. P.A.F reserves the right to charge a $25 cancellation fee in certain circumstances for orders cancelled prior to the issuance of the certificate. P.A.F reserves the right to refuse or cancel any insurance order at their discretion.
The Insurance company and P.A.F reserve the right to cancel any insurance certificate/ policy at anytime due to false information being provided by client, such as: misdescription of items being insured, incorrect weight and incorrect value of items being insured; accordingly there will be no coverage in place for cancelled coverage due to misdescription of any kind. Any misdescribed goods will need to be reviewed by underwriters. In efforts to protect the insurance company/underwriter against insurance fraud, P.A.F reserves the right to refuse any order or cancel any insurance certificate/policy for any reason at their discretion. If P.A.F cancels a certificate /policy at their own discretion, the customer will be refunded the full premium paid.
8. Limitations of Liability
P.A.F is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the carrier, the customer, or any other person who has interest in the shipment.
P.A.F is not liable for any loss, damage, mis-delivery or non-delivery caused by the customer violating these terms and conditions or the terms and conditions in the bill of lading or of the carrier’s General Rules Tariff, including but not limited to: improper or insufficient packaging, securing, addressing or failing to adhere to any of the rules relating to shipments that are only permitted under certain conditions or shipments not permitted for transportation.
P.A.F is not liable for any loss, damage, mis-delivery or non-delivery caused by acts of God, war, terrorism, riots, strikes, labor disputes, weather conditions, mechanical delay or defect of aircraft or other equipment, perils of the air, public enemies, public authorities, or acts or omissions of Customs officials. P.A.F is not liable for the acts or omissions of any person other than employees of P.A.F.
In no event, will P.A.F be liable for any indirect, consequential, exemplary, incidental, or special damages, Including but not limited to loss of profits or income, whether or not P.A.F had knowledge of the possibility of such damages, arising from these Terms and Conditions or relating in whole or in part to Customer’s right’s hereunder. Customer shall defend, indemnify and hold harmless P.A.F, it’s employees, officers and agents against all third party claims, actions, liabilities, damages, expenses and costs, including attorney’s fees, arising from any facts or alleged facts which, if true, would constitute a violation by customer of these Terms and Conditions.
P.A.F is not a freight carrier or an insurance company and as such will not be liable for any damage or loss caused by the carrier or otherwise. Liability lies with the insurance company whom provided the insurance coverage. We are a freight logistics company whom arranges cargo insurance coverage direct with the insurance company, on behalf of the Customer, at discount rates.
Customer agrees that P.A.F’s entire liability, if any, for any claim(s) whether based on contract, negligence or otherwise, shall be limited to the fees that P.A.F has earned for placing insurance with respect to the affected shipment(s)/insurance certificate(s).
P.A.F will not be liable if customer selects the wrong coverage type on their application order form. P.A.F sales representatives do not monitor insurance orders. Insurance application orders go direct to P.A.F’s processing department and certificates are issued according to the information provided on the Customer’s application order form. Customer agrees to be responsible for their actions and the information Customer provides to P.A.F on their application order form, as certificate issuance is based on this information.
9. Warranties Disclaimer
P.A.F MAKES NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR BEING FIT FOR A PARTICULAR PURPOSE, WITH REGARD TO SHIPMENT DELIVERIES, THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES TRANSACTED ON THIS WEBSITE. P.A.F CANNOT GUARANTEE DELIVERY OF ANY SHIPMENT BY A SPECIFIC DATE OR TIME.
10. Cargo Insurance Claims
Customer agrees to immediately file any cargo claims in writing directly to the Carrier as well as the insurance company whom coverage was provided by, no later than 15 days from shipment delivery date or 5 days if concealed damage, and notify P.A.F of the claim filing. The selected carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will take precedence over the standard liability coverage.
Customer agrees that the filing of a claim does not relieve the customer of paying for the freight charges with the carrier and insurance premium to P.A.F or entitle them to be refunded. Freight payment is necessary in order for the carrier to process the customer’s claim. The Insurance premium is necessary for the insurer to process the insurance claim. P.A.F will attempt to help in the resolution of claims filed with the carrier, but has no obligation to do so and no responsibility or liability therefore.
11. Governing Law
P.A.F and the customer agree that these terms and conditions shall be governed by the procedural laws of the State of California. In the event of any claim, dispute or litigation relating to these Terms and Conditions, the Customer agrees to file in the district court of Ventura County, California, or in the United States District court for Los Angeles city and consents to the jurisdiction of the courts of the State of California, and California law.
12. Copyright and Trademarks
Our site: www.pafinsurance.com is protected by copyright, and other trademark laws and may not be copied or imitated in any way. Nothing from this website may be copied or retransmitted without written authorization from P.A.F, in each instance. This includes website design, layout, graphics, images, content, text, menus and any portion of this site. Any unauthorized use of P.A.F, Pacific Atlantic Freight, it’s name, domain names, logos, or any other information regarding P.A.F is expressly prohibited.
13. Links to Third Party Websites
As a convenience to the customer, our site contains links to third-party websites. As Linked sites are not under the control of P.A.F, P.A.F is not responsible for the contents or information contained in any linked site or any link contained in a linked site.
We, P.A.F, will do our best to provide the customer with the lowest prices for freight insurance policies, however we make no guarantee that we have the lowest prices on the web or compared to any other company or website online or offline.
The prices/quotes provided within the P.A.F website are not guaranteed to be accurate. P.A.F takes no responsibility for these prices as they are provided from P.A.F’s partner carrier’s and therefore are subject to change at any time.
16. Legal Disclaimer
The Purpose of our website is to provide you with insurance information and comparisons of coverage only. It is not intended to constitute advice. It does not take into account your specific insurance needs, shipment details, goals or financial circumstances. You should not act on the basis of any material contained on the site without first considering and if necessary, obtaining appropriate advice from your financial, legal or other professional adviser.
Information in this site is provided for informational purposes only and should not be used or relied upon as a substitute for the relevant insurance policy wording or relevant Customer Information Brochure or disclosure document. P.A.F shall not be liable for any errors in the content, or for any actions taken in reliance thereon.
To the maximum extent permitted by applicable law, in no event shall P.A.F or any other party who has been involved in the creation or production of this website, be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever, including but not limited to, damages for loss profits or confidential or other information, for loss of privacy, for any failure to meet any duty including of good faith or of reasonable care, for negligence, and or any other pecuniary or other loss whatsoever, arising out of or in anyway related to the use or inability to use this website.