1. Acceptance of Terms

By submitting a shipment to SWK Shipping Inc., the Customer acknowledges and agrees to these Terms and Conditions. The term "Customer" includes the shipper, consignor, consignee, owner of the goods, and any person acting on their behalf.

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2. Prohibited and Restricted Items

SWK accepts only shipments that comply with all applicable laws, regulations, and carrier requirements.

SWK will not transport:

• Hazardous materials prohibited by applicable regulations.

• Explosives, firearms, ammunition, or weapons.

• Illegal drugs, narcotics, or controlled substances.

• Counterfeit, stolen, or illegal goods.

• Any item prohibited by IATA, ICAO, TSA, CBP, USPS, UPS, FedEx, DHL, or other applicable authorities.

• Any shipment that may endanger personnel, aircraft, vehicles, facilities, or other shipments.

The Customer is solely responsible for any damages, penalties, fines, or legal consequences resulting from the shipment of prohibited or undeclared restricted items.

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3. Right of Inspection

SWK reserves the right to inspect, open, examine, or scan any shipment at any time without prior notice where permitted by law or required by carriers, customs authorities, or security regulations.

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4. Customer Responsibilities

The Customer warrants that:

• All shipment information is complete and accurate.

• Goods are properly described and declared.

• Shipping documents and customs declarations are truthful and complete.

• The shipment is adequately packed for transportation.

• The shipment complies with all applicable laws and regulations.

The Customer shall be liable for any losses, penalties, duties, taxes, fines, storage charges, or claims arising from inaccurate information or improper packaging.

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5. Packaging Requirements

The Customer is responsible for ensuring that all goods are properly packed and protected for transportation.

SWK may refuse any shipment that, in its sole judgment, is inadequately packed or unsafe for transport.

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6. Insurance and Limitation of Liability

Customers may purchase optional cargo insurance through SWK Shipping Inc.

Insurance coverage is available at a rate of 3% of the declared value of the shipment. Insurance must be requested and paid for prior to shipment acceptance. Coverage is subject to the terms and conditions of the issuing insurance provider.

If insurance is purchased, any approved claim shall be settled according to the policy terms and the declared value accepted by the insurer.

If insurance is not purchased, SWK Shipping Inc.'s maximum liability shall be limited to $200 USD per package, regardless of the actual value of the contents.

SWK shall not be liable for any amount exceeding the applicable insurance coverage or liability limit.

In no event shall SWK be liable for:

• Consequential or indirect damages.

• Loss of profits or business opportunities.

• Diminution in market value.

• Emotional distress.

• Delays in transit.

• Customs holds, inspections, seizures, or government actions.

The Customer acknowledges that it is their responsibility to declare the value of the shipment accurately and to purchase sufficient insurance coverage when desired.

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7. Events Beyond SWK's Control

SWK shall not be liable for delays, losses, damages, or failures caused by circumstances beyond its reasonable control, including but not limited to:

• Acts of God.

• Weather conditions.

• Natural disasters.

• War, terrorism, civil unrest, or government actions.

• Customs inspections, seizures, or delays.

• Airline, ocean carrier, trucking company, or postal service delays.

• Labor disputes or strikes.

• Mechanical failures.

• Security screenings.

• Carrier service interruptions.

• Pandemics or public health emergencies.

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8. Claims for Loss or Damage

Any claim for loss or damage must be submitted in writing to SWK within fifteen (15) calendar days after delivery or the scheduled delivery date.

Failure to provide timely written notice may result in denial of the claim.

All claims must include supporting documentation, photographs, invoices, proof of value, and any other information reasonably requested by SWK.

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9. Delivery Times

Any delivery dates or transit times provided by SWK are estimates only.

SWK does not guarantee delivery by any specific date or time unless expressly agreed in writing.

SWK shall not be liable for any loss arising from delays in transportation.

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10. Customer Warranties and Indemnification

The Customer represents and warrants that:

• The shipment is lawful.

• The Customer has authority to ship the goods.

• All information provided is accurate.

• The shipment is adequately packaged.

• The shipment complies with all regulations.

The Customer agrees to indemnify and hold harmless SWK Shipping Inc., its officers, employees, agents, contractors, and affiliates from any claims, damages, penalties, costs, or expenses arising from the Customer's breach of these warranties.

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11. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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12. Payment Terms

All transportation charges, packing fees, insurance premiums, duties, taxes, storage fees, customs charges, and other related expenses are due upon invoice unless otherwise agreed in writing.

SWK reserves the right to withhold delivery of goods until all charges have been paid in full.

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13. Delivery and Acceptance

Delivery shall be deemed complete when the shipment is delivered to the consignee, authorized recipient, carrier, warehouse, or designated agent.

Upon acceptance of delivery, the recipient must inspect the shipment immediately. Any visible damage or shortage must be noted at the time of delivery.

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14. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Any disputes arising from services provided by SWK Shipping Inc. shall be resolved exclusively in the state or federal courts located in New York.

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15. Modification of Terms

SWK reserves the right to update, modify, or amend these Terms and Conditions at any time without prior notice. The latest version published on the SWK website shall govern all shipments.

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SWK Shipping Inc.
Professional Fine Art, Antique, and Collectibles Transportation Services
Domestic and International Shipping Solutions
New York, USA