Effective: October 2, 2024
Last Revised: November 4, 2024
These MorphMarket Shipping Terms and Conditions (MorphMarket Shipping Terms) form the agreement between MorphMarket Shipping LLC (referred to as MorphMarket Shipping,” “we,” “us,” or “our” and similar terms herein) and you, as the purchasing party, for the purchase of FedEx value added shipping services offered through MorphMarket Shipping. These MorphMarket Shipping Terms become effective immediately on the date you enroll in a membership plan with MorphMarket, LLC (MorphMarket), and acknowledge acceptance of these MorphMarket Shipping Terms.
In consideration of the covenants and conditions contained herein, the parties agree as follows:
MorphMarket has engaged MorphMarket Shipping to provide shipping services to MorphMarket’s Members enrolled in various Plans offered by MorphMarket. Subject to Member’s compliance with these MorphMarket Shipping Terms and MorphMarket’s general Terms of Service, in exchange for valuable consideration received, MorphMarket Shipping agrees to provide Member the following services (“Services”), subject to change at MorphMarket Shipping’s sole and exclusive discretion:
Purchasing. FedEx value-added shipping services will be offered by MorphMarket Shipping on a continual basis under each Member’s Plan. Reservations will be accepted as described in Member’s Plan, subject to FedEx’s hours of operation which includes FedEx closures for the evening, weekends, or holidays and FedEx’s terms and conditions. Members are required to order their shipping through MorphMarket Shipping in order to receive the benefits described in the list of Services above. Applicable discounts and the Services will not be available to Members who make other reservations directly through FedEx or a third party.
Reservation Procedure. Member will make Reservations for FedEx value-added shipping services by ordering said service through MorphMarket’s website. MorphMarket’s website will provide adequate prompts and directions such that Member will complete the payment and Reservation portion of Member’s acquisition of the Services, through MorphMarket’s website.
Proper Labels, Packaging, and Timing. Members must be familiar with and comply with the Lacey Act. Members must label all shipments appropriately, with the scientific AND common names of all the Living Items in the Parcel, as well as quantities of each. Members must also properly package and contain their shipments and ship all Living Items at appropriate times, temperatures, and conditions for Living Items. These MorphMarket Shipping Terms hereby reference and incorporate the shipping guidelines of MorphMarket, found at Live Animal Shipping Standards & Guidelines.
No Hot Reptiles. Absolutely NO venomous reptiles are to be shipped through FedEx. See MorphMarket’s policy on venomous snakes https://support.morphmarket.com/article/178-what-about-venomous-snakes.
Payment Terms. Payments for the Services are in accordance with Member’s Plan and may also be subject to relevant state and local taxes.
Product Pickup. After confirmation of the Reservation from MorphMarket Shipping, Member will then be obligated to shipment via FedEx. Member will be prompted as to the proper FedEx pickup times, pickup windows and locations. Member agrees to be obligated to these conditions without recourse.
Cancellation/Refund Policy. Member may cancel or void Reservations, but said cancellation or voidance is subject to a discretionary $4.95 service charge by MorphMarket Shipping.
Rate Adjustment. Rates are subject to discretionary and reasonable adjustment for reasons including, but not necessarily limited to: (i) Member providing the wrong address(es); (ii) Member improperly packaging a parcel(s); and (iii) Member does not comply with FedEx and/or MorphMarket Shipping’s terms and conditions. For example, if a Member creates a label for the incorrect dimensions resulting in an overage charged to MorphMarket Shipping, MorphMarket Shipping will bill the Member for such overage charge resulting in a rate adjustment.
Claim Proceeds. Subject to these MorphMarket Shipping Terms and MorphMarket Shipping’s Insurance Policy, payments from processed insurance claims will be made to the account owner who purchased the shipping label unless written permission is provided for payment to another party. Claims can take up to fourteen (14) business days to process. By default, claim payouts will be issued as a shipping label credit unless otherwise requested by the payee. If requested, claims will be paid out via check and mailed directly via certified mail to the payee. Postage costs for mailing will be deducted from the amount of the claim payout. Checks may require additional processing time.
No Assignment of Right. Member shall not be entitled to assign Member’s interest in any Reservation to a third party.
Duration. The terms and conditions of these MorphMarket Shipping Terms shall be self-renewing on a monthly basis, on the same renewal timeline as Member’s Plan.
Cancellation. If, at any time, Member chooses to terminate Member’s Plan, Member must provide written notification of such cancellation and pay all debts owing to MorphMarket Shipping or MorphMarket, as applicable. MorphMarket Shipping may cancel this Agreement at any time and for any reason not prohibited by law.
MorphMarket Shipping reserves the right, at any time, to change, reduce, postpone, or abandon all or any part of the Services, including eliminating its offering of free insurance coverage. MorphMarket Shipping may also adjust or change the terms or conditions in these MorphMarket Shipping Terms when commercially reasonable, advisable, or necessary, including when necessary to comply with FedEx’s requirements. In the case of such change, MorphMarket Shipping will not be responsible or liable for any losses or expenses incurred or caused by reason of such change, postponement, or abandonment.
Many states or municipalities have laws, regulations, or ordinances related to selling, buying, breeding, transporting, growing, housing, and/or keeping Living Items. For example, many states or municipalities require a license for selling pets or reptiles in a commercial setting. Additionally, some states do not allow you to ship exotic pets into these states, such as snakes.
You acknowledge and agree that MorphMarket Shipping is not responsible for educating Members on such laws, regulations, or ordinances. It is each Member’s responsibility to be aware of and comply with all international, federal, state, and local laws (including, but not limited to, the Lacey Act) related to or governing a Member’s activities using our Services. Any legal violation may result in the revocation of our Services, including, but not limited to, revocation of value-added shipping privileges and termination of Reservations. MorphMarket Shipping will not be responsible for losses and damages incurred as a result of actions taken pursuant to these MorphMarket Shipping Terms.
Members must comply with FedEx’s packaging and shipping requirements related to shipping Living Items. MorphMarket Shipping has a zero-tolerance policy for non-compliance with FedEx’s rules or requirements. If MorphMarket Shipping receives complaints from FedEx or learns of violations of FedEx’s rules or requirements, MorphMarket Shipping will investigate the complaint and take appropriate action to address the complaint and/or prevent the violation from continuing, including, without limitation, cutting off all Services to the violating party.
FedEx. Member knowingly undertakes the terms and conditions of these MorphMarket Shipping Terms with the informed knowledge that MorphMarket Shipping is an independent, outside FedEx value-added shipping services agent, and that MorphMarket Shipping, in no way, is associated to or involved with the business dealings or practices of FedEx. As such, upon information and knowledge, Member consents to the following:
Complete Release of Liability. Member voluntarily and knowingly assumes all risks associated to or involving:
Member’s Covenant Not to Sue MorphMarket Shipping. Member will not bring suit in law or equity against MorphMarket Shipping, or any of its members, managers, officers, employees, agents, affiliates, or any other person or entity representing MorphMarket Shipping (“MorphMarket Shipping Agents”) on grounds, including, but not limited to, libel, slander, invasion of privacy, personal injury, death, negligence, property damage, or attorney’s fees which may occur at a location or as a result of Member’s purchase of Services. Member further affirms and agrees that MorphMarket Shipping is providing service assistance regarding, but not limited to, specialized shipping services, limited insurance coverage, FedEx tracking, damaged product or non-delivery assistance, and other services, as an inclusive component of the Services, however, Member will not bring suit in law or equity against MorphMarket Shipping, or any MorphMarket Shipping Agents on grounds related to FedEx error.
Notice of Shipping Delays. From time-to-time, MorphMarket Shipping may announce shipping delays or disruptions in jurisdictions as a courtesy to Members and users; however, MorphMarket Shipping is under no such obligation to do so and you agree that MorphMarket Shipping shall not liable for its omission of, or failure to make, any announcement regarding shipping delays or disruptions.
Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform, including, but not limited to, instances such as: (1) the bankruptcy of FedEx, (2) force majeure, or (3) condemnation, closure, or irreparable damage to facilities relevant to these MorphMarket Shipping Terms, the parties agree that MorphMarket Shipping may, at MorphMarket Shipping’s sole discretion, provide a commercially reasonable substitute if available, and that if substitute performance is tendered, it must be accepted by Member. In the event MorphMarket Shipping is unable to provide reasonable and comparable substitute performance, Member agrees to excuse said performance and releases MorphMarket Shipping from all liability resulting therefrom.
Member Breach. Member agrees to comply with all terms, conditions, obligations, and covenants set forth in these MorphMarket Shipping Terms. Member shall be considered in breach of Member’s obligations under these MorphMarket Shipping Terms in circumstances including, but not limited to, when:
Remedy for Breach. If Member breaches these MorphMarket Shipping Terms, then MorphMarket Shipping may take the following actions inclusive of, but not limited to:
Measure of Monetary Damages. The measure of monetary damages shall be the full contract value, unless it is determined by a competent court of law that the measure of monetary damages shall be the difference between the market price at the time and place for tender and the unpaid portion of the Services, together with any incidental damages, but less expenses saved in consequence of the Member’s breach.
No modification to these MorphMarket Shipping Terms shall be valid unless, and in the event, that such modification is written and signed by MorphMarket Shipping and Member.
In the event Member commences an action against MorphMarket Shipping arising from these MorphMarket Shipping Terms, should Member drop the suit, settle, or lose on the merits, Member agrees to pay reasonable attorney fees incurred by MorphMarket Shipping in defense of the action.
Any dispute or claim between the parties arising from these MorphMarket Shipping Terms shall be governed by and construed in accordance with the laws of Kansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these MorphMarket Shipping Terms shall be instituted exclusively in the state or federal courts located in Sedgwick County, Kansas.
The parties to these MorphMarket Shipping Terms affirm that the digital signatures of the parties, which signatures may include initials, a checkbox verification/confirmation or other relevant affirmations of self, are intended to authenticate this writing and that the digital signatures have the same force and legal effect as the use of manual signatures.
These MorphMarket Shipping Terms, Member’s Plan, and the parties’ agreement contemplated hereby represents the entire understanding between the parties. Member’s decision to purchase and pay MorphMarket Shipping for the Services constitutes Member’s acknowledgment of and consent to all of the terms and conditions of these MorphMarket Shipping Terms, including, but not limited to, the limitations of liability described herein. By using the Services, Member acknowledges and agrees to the terms and conditions contained herein without limitation.
© 2015-2024 MorphMarket®
© 2015-2024 MorphMarket®