STRICKLY FOR S.Y.O.U. SERVICES ONLY

SHIPPING LIABILITY WAIVER AND TERMS OF SERVICE AGREEMENT

1. PARTIES AND ACCEPTANCE

This Shipping Liability Waiver and Terms of Service Agreement (hereinafter referred to as the “Agreement”) is entered into between Rest Easy Custom, with its principal place of business at 191 25 Street NE, Salmon Arm, BC Canada, V1E 2A8 (hereinafter referred to as “Company,” “we,” “us,” or “our”) and any individual or entity (hereinafter referred to as “Customer,” “you,” or “your”) who submits items to the Company for customization services.

By checking the acknowledgment box, you hereby acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained within this Agreement. Your acceptance of these terms is a prerequisite for utilizing our services.

2. SHIPPING ARRANGEMENTS AND RESPONSIBILITIES

2.1 Initial Shipment

Customer shall be solely responsible for:

a) Arranging and paying for the shipment of items to the Company;

b) Selecting an appropriate carrier;

c) Properly packaging the item(s) according to Section 3 of this Agreement;

d) Obtaining tracking information; and

e) Bearing all costs associated with the initial shipment.

2.2 Return Shipment

The Company shall:

a) Arrange and pay for the return shipment of customized items to the Customer;

b) Select an appropriate carrier for return shipping;

c) Provide tracking information to the Customer via email at the address provided; and

d) Package the item(s) appropriately for return shipment.

3. PACKAGING REQUIREMENTS

3.1 Customer Packaging Requirements

Customers must strictly adhere to the following packaging requirements when shipping items to the Company:

3.1 Customer Packaging Requirements (continued)

a) Box Selection:

Use a sturdy box significantly larger than the item
Ensure box is damage-free and structurally sound
Box must be capable of withstanding standard shipping conditions

b) Item Protection:

Wrap item completely in multiple layers of bubble wrap
Place wrapped item in sealed plastic bag for moisture protection
Fill all void spaces with foam peanuts or equivalent cushioning material
Ensure item cannot shift within packaging during transit

c) Sealing and Labeling:

Seal all seams with strong packing tape
Apply multiple strips of reinforcement tape
Clearly mark package as “FRAGILE” and “HANDLE WITH CARE”
Affix shipping labels securely

3.2 Non-Compliance

Failure to comply with packaging requirements may result in:

Rejection of shipment upon receipt
Refusal of service
Additional handling fees
Waiver of any damage claims

4. COMPLETE LIABILITY WAIVER

4.1 Scope of Waiver

Customer hereby expressly and unconditionally waives any and all claims against the Company for:

a) Damage occurring during transit to or from the Company

b) Loss or theft during transit

c) Damage occurring during handling or processing

d) Any consequential or incidental damages

e) Emotional distress related to item damage or loss

f) Economic losses of any kind

4.2 Third Party Claims

Customer agrees to indemnify and hold harmless the Company from:

a) Any third-party claims arising from shipping arrangements

b) Claims made by shipping carriers

c) Claims made by insurance providers

d) Any other claims related to the shipped items

5. INSURANCE AND VALUE DECLARATION

5.1 Optional Insurance

While not required, the Company strongly recommends that Customer:

a) Obtain comprehensive shipping insurance for both incoming and outgoing shipments

b) Declare accurate value of items being shipped

c) Review and understand insurance terms and conditions

d) Retain all insurance documentation

5.2 Value Declaration

a) Customer may voluntarily declare the value of shipped items

b) Failure to declare value does not impose any liability on the Company

c) Declared values are for informational purposes only and do not create any obligation or liability for the Company

6. CONDITION DOCUMENTATION AND DAMAGE REPORTING

6.1 Pre-Shipment Documentation

Customer must provide:

a) Detailed written description of item condition prior to shipping

b) Notable existing damage or defects

c) Any special handling requirements

d) Documentation must be submitted via email to resteasycustom@gmail.com

6.2 Damage Notification Requirements

In the event of damage, Customer must:

a) Notify Company within 48 hours of delivery

b) Provide clear photographs of:

Exterior packaging damage
Interior packaging condition
Detailed images of item damage

c) Submit written description of damage

d) Retain all packaging materials

e) Make item available for inspection if requested

6.3 Failure to Report

Failure to report damage within the specified timeframe constitutes:

a) Acceptance of item condition

b) Waiver of any future claims

c) Release of Company from any liability

7. ADDRESS VERIFICATION AND SHIPPING PROCEDURES

7.1 Address Verification

Customer must:

a) Provide accurate shipping address

b) Verify address accuracy through double confirmation process

c) Accept responsibility for additional costs due to incorrect address

d) Notify Company immediately of any address changes

7.2 Tracking Requirements

All shipments must:

a) Include tracking capability

b) Have tracking numbers recorded and shared

c) Be monitored by both parties

d) Have delivery confirmation

8. UNDELIVERABLE OR UNCLAIMED ITEMS

8.1 Return Procedures

For undeliverable or unclaimed items:

a) Items will be returned to alternate address at Customer’s expense

b) Customer must provide alternate address within 14 days of notification

c) Company reserves right to dispose of items unclaimed after 90 days

8.2 Additional Costs

Customer shall be responsible for:

a) All return shipping costs

b) Storage fees

c) Administrative handling fees

d) Any customs or duty charges

e) Repackaging costs if necessary

9. PROHIBITED ITEMS

9.1 Prohibited Materials

The following items are strictly prohibited:

a) Explosives of any kind

b) Compressed gases

c) Flammable liquids or solids

d) Oxidizers and organic peroxides

e) Toxic or infectious substances

f) Radioactive materials

g) Corrosive substances

h) Firearms or weapons

i) Any items prohibited by applicable law

9.2 Company Rights

The Company reserves the right to:

a) Refuse any shipment containing prohibited items

b) Report prohibited items to appropriate authorities

c) Dispose of prohibited items at Customer’s expense

d) Terminate service agreement immediately

e) Seek damages for violations

10. INTERNATIONAL SHIPPING

10.1 Accepted Countries

International shipping services are limited to:

a) Canada

b) United States of America

c) United Kingdom

d) European Union member states

10.2 Additional International Terms

For international shipments:

a) Customer is solely responsible for:

All customs duties and fees
Import/export documentation
Compliance with local laws
Additional shipping costs

b) Extended processing times apply:

Minimum additional 5 business days
Subject to customs clearance timing
May vary by destination country

11. PROCESSING TIMES AND SERVICE DELIVERY

11.1 Standard Processing

a) Minimum processing time of 2 business days from receipt

b) Processing time begins only after:

Complete documentation is received
Payment is processed
Item physically arrives at Company facility

c) Processing times exclude:

Weekends and holidays
Shipping transit time
Customs clearance periods
Delays due to incomplete documentation

11.2 Rush Orders

a) Rush processing available at Company’s discretion

b) May be completed in less than 24 hours

c) Subject to additional fees

d) Must be explicitly requested and approved in writing

c) Subject to resource availability

12. FORCE MAJEURE

12.1 Definition and Effect

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to:

a) Natural disasters

b) Acts of war or terrorism

c) Government actions or regulations

d) Labor disputes or strikes

e) Pandemic or public health emergencies

f) Severe weather conditions

g) Civil unrest

h) Carrier service interruptions

12.2 Obligations During Force Majeure

The affected party shall:

a) Promptly notify the other party in writing

b) Take reasonable steps to minimize impact

c) Resume performance as soon as practicable

d) Provide regular status updates

e) Maintain security of any items in possession

13. MODIFICATION AND TERMINATION

13.1 Modification

Company reserves the right to:

a) Modify this Agreement at any time

b) Provide notice of modifications through website

c) Apply modifications to existing services

d) Require acceptance of modified terms for continued service

13.2 Termination

Either party may terminate this Agreement:

a) With 30 days written notice

b) Immediately for material breach

c) Upon mutual written agreement

d) As required by law or regulation

14. GOVERNING LAW AND JURISDICTION

14.1 Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any other jurisdiction.

14.2 Jurisdiction and Venue

Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of British Columbia, Canada. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

15. SEVERABILITY AND SURVIVAL

15.1 Severability

If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.

15.2 Survival

The following provisions shall survive the termination or expiration of this Agreement:

a) Section 4 (Complete Liability Waiver)

b) Section 6 (Condition Documentation and Damage Reporting)

c) Section 14 (Governing Law and Jurisdiction)

d) Any other provisions which by their nature should survive termination

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

IN WITNESS WHEREOF, by checking the acknowledgment box on, Customer indicates acceptance of all terms and conditions contained within this Agreement.

Last Updated: November 25, 2024