1. SenseAware devices may only be used in shipments on approved methods of transportation and services as expressly set forth herein. Customer is solely responsible for any and all claims, costs, fines or penalties resulting from any usage of SenseAware devices not approved by FedEx.
2. SenseAware devices may only be used in the following shipments:
a. Ground: Shipments traveling entirely over ground via FedEx, on vehicles directly owned or leased by Customer (“Private Fleet”), or via any third-party carrier in accordance with that carrier’s rules and regulations.
b. Air: Shipments traveling via aircraft on the following carriers*:
|Aero Ruta Maya||✓||✓||✓|
|Air Canada Cargo||✓||✓|
|Air Canada Express||✓||✓|
|Air Canada Jetz||✓||✓|
|Air Canada Rouge||✓||✓|
|Air Cargo Carriers||✓||✓|
|Air China Cargo||✓||✓||✓|
|Air France Cargo||✓||✓||✓|
|Air France Hop||✓||✓|
|Air Iceland Connect||✓|
|Air New Zealand||✓||✓|
|Air Transport International||✓||✓|
|Air Transport Service Group||✓||✓|
|All Nippon Airways||✓||✓|
|Aloha Air Cargo||✓||✓|
|Alpine Air Express||✓|
|Baron Aviation Services||✓||✓||✓|
|Boliviana de Aviación||✓||✓|
|Buffalo Air Express||✓|
|CAL Cargo Airlines||✓|
|Consorcio Helitec, S.A||✓|
|Delta Air Lines||✓||✓||✓|
|FedEx Express Corporation||✓||✓||✓|
|GMJ Air Shuttle||✓|
|Gol Linhas Aéreas Inteligentes S.A.||✓|
|Korean Air *||✓||✓||✓|
|LATAM Cargo Brasil||✓||✓|
|LATAM Cargo Chile||✓||✓||✓|
|LATAM Cargo Colombia||✓||✓|
|LATAM Cargo Mexico||✓||✓|
|LATAM Chile Airlines||✓||✓||✓|
|LATAM Chile Express||✓||✓||✓|
|Mediterranean Air Freight||✓|
|Mountain Air Cargo||✓||✓|
|Nippon Cargo Airlines||✓||✓||✓|
|Northern Air Cargo||✓||✓|
|Polar Air Cargo||✓||✓||✓|
|Silk Way Airlines||✓||✓|
|Silk Way West Airlines||✓|
|Singapore Airlines Cargo||✓||✓|
|Southwest Airlines Cargo||✓||✓||✓|
|Sri Lankan Airlines||✓|
|Swiss Global Airlines||✓||✓|
|Swiss International Airlines||✓||✓|
|TAP Air Portugal||✓|
|Toll Global Express||✓|
|Trans Anquilla Airways||✓||✓||✓|
|Transportes Aéreos Bolivianos||✓||✓|
|West Atlantic Sweden||✓|
|West Atlantic UK||✓|
3. SenseAware subscription devices covered by a Program Agreement may only be used by Customer for shipments to, from and within the jurisdictions indicated below. The “United States” or “U.S.” is defined as the fifty United States and the District of Colombia. Customer may only use SenseAware Single Journey services for shipments to the following indicated jurisdictions when the shipment originates in the U.S. For all other proposed usage of SenseAware outside the U.S., please call 1.901.434.3030. ACTUAL DEVICE FUNCTIONALITY TO, FROM AND WITHIN EACH JURISDICTION BELOW MAY VARY BASED UPON PRECISE LOCATION AND/OR COVERAGE PROVIDED BY INTERNET, SATELLITE AND/OR WIRELESS NETWORKS, AND FEDEX DOES NOT REPRESENT, WARRANT OR GUARANTEE DEVICE FUNCTIONALITY WITHIN ANY SUCH JURISDICTION.
|British Virgin Islands||✓||✓|
|Hong Kong SAR, China||✓||✓|
|Isle of Man||✓||✓|
|Northern Mariana Islands||✓||✓|
|Philippines (International Shipments Only)||✓||✓||✓|
|United Arab Emirates||✓||✓||✓|
|US Virgin Islands||✓||✓||✓|
*Some restrictions may apply for a specific airline or lane. To discuss these restrictions, please contact your SenseAware Advisor.
4. Inactive SenseAware devices may be shipped using an ineligible method of transportation or service provided that the devices are turned off during the shipment.
5. SenseAware devices may be used for stationary monitoring.
6. If a SenseAware device is used for a one-way journey, Customer is responsible for recovering the SenseAware devices from the recipient, consignee, or any other third-party.
1. SenseAware devices must be properly packaged and labeled as set forth herein. Customer is solely responsible for any and all claims, costs, fines or penalties resulting from improper packaging or labeling.
2. Customer is responsible for ensuring that the SenseAware devices are adequately charged before a journey. FedEx will not be liable for any diminution of service resulting from inadequate battery power.
3. SenseAware-equipped shipments must be packaged in appropriate boxes or tubes. SenseAware devices may not be shipped in envelopes of any kind (this includes FedEx® Envelopes or FedEx® Paks) because such materials cannot ensure adequate device protection.
4. Customer is responsible for proper placement of the SenseAware device within the package. FedEx will not be liable for any diminution of service resulting from improper device placement, including without limitation obstruction of device sensors. See SenseAware User Guide for more information on packaging recommendations.
5. Shipments containing SenseAware devices must be labeled to indicate that the shipment contains a GPS-tracking device. A FedEx-provided SenseAware packaging label on the outside of the package in the upper left corner satisfies this requirement.
6. Due to the lithium battery present in the device, placing more than two devices in a single FedEx Express® package without properly classifying the shipment under the appropriate IATA Dangerous Goods Regulations is prohibited.
7. SenseAware devices and senseaware.com may not be used for or in the furtherance of any illegal or improper activity.
8. SenseAware devices and senseaware.com are intended only to be used for tracking shipments and assets, and they are not to be used for tracking individuals.
9. Customer shall not use the Program to acquire, map, store, aggregate or analyze data or other information related to the proprietary shipping and/or logistics networks of FedEx or any FedEx affiliate for any purpose other than monitoring of individual Customer shipments in accordance with the terms and conditions herein.
1. FedEx shall use commercially reasonable efforts to make the SenseAware Program available 24 hours a day, 7 days a week, except for: (a) planned downtime (which FedEx shall schedule from time to time to the extent practicable during the weekend hours from 6:00 p.m. Central time Friday to 3:00 a.m. Central time Monday) or (b) any unavailability caused by circumstances beyond FedEx’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, or other natural disasters, civil unrest, acts of terror, strikes or other labor problems, or Internet, satellite, or wireless network service provider failures or delays, or lack of cellular coverage or cellular interference caused by Customer’s operational activities.
2. FedEx will be required to provide the Program only in accordance with applicable laws and government regulation.
3. FedEx is not responsible for delays, interruptions in service, or data errors or inaccuracies due to governmental action, including without limitation inspections or detainment by customs officials, law enforcement, or any other government agency.
1. SenseAware-provided equipment, including but not limited to SenseAware devices, charging racks, and temperature probes, must be properly cleaned and maintained. FedEx will not be liable for any diminution of service resulting from improper cleaning or maintenance. See SenseAware User Guide for more information.
2. SenseAware devices require firmware and software updates from SenseAware to run properly; these updates may occur automatically and without notice. If devices cannot receive automatic updates, Customer is responsible for making devices available for updating. Devices that do not receive updates may stop working. FedEx will not be liable for any diminution of service resulting from failed updates if the failure was due to Customer’s action or inaction. See SenseAware User Guide for more information on updates.
1. Customer is responsible for returning all SenseAware devices and charging racks in the same condition in which they were received (reasonable wear and tear accepted).
2. Customer is responsible for returning any damaged devices, because they contain materials that must be disposed of properly.
1. USE OF SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX IS AT CUSTOMER’S AND ITS CONSIGNEE’S AND THIRD-PARTIES’ SOLE RISK. FEDEX AND ITS LICENSORS WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY PERSON OR ENTITY CLAIMING BY, THROUGH OR UNDER CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY OR THROUGH FEDEX INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OR DAMAGE TO DATA, PRODUCT OR OTHER MATERIALS, FAILURE TO ACHIEVE EXPECTED SAVINGS OR COMPLIANCE OBJECTIVES, RESTORATION OR RECOVERY OF DATA OR SOFTWARE, FAILURE OF INTEROPERABILITY, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF CUSTOMER HAS ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES. FEDEX’S AND ITS LICENSORS’ LIABILITY FOR DIRECT DAMAGES UNDER A PROGRAM AGREEMENT SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM UNDER THE PROGRAM AGREEMENT TO WHICH THE CLAIM RELATES.
1. EXCEPT FOR ANY WARRANTY SET OUT IN CUSTOMER’S SENSEAWARE PROGRAM AGREEMENT, SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX PURSUANT TO THE PROGRAM ARE PROVIDED “AS IS.” EXCEPT FOR ANY WARRANTY SET OUT IN CUSTOMER’S PROGRAM AGREEMENT, FEDEX AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH ITEM AND CUSTOMER’S OR ANY CONSIGNEE OR THIRD-PARTY’S ABILITY OR INABILITY TO USE SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM OR ANY CONTENT OR INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX PURSUANT TO THE PROGRAM. FEDEX DOES NOT WARRANT THAT THE PROGRAM WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SENSEAWARE.COM OR SENSEAWARE-PROVIDED EQUIPMENT WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SENSEAWARE.COM OR SENSEAWARE-PROVIDED EQUIPMENT OR USE OF THE PROGRAM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY.
1. FedEx shall not be responsible for delays or failures in performance resulting from acts beyond the control of FedEx. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.
3. Unless otherwise set forth in Customer’s Program Agreement, any cause of action relating to the SenseAware Program must be instituted within one year after the claim or cause of action has arisen or be barred, and must be brought in a court of competent jurisdiction in Shelby County, Tennessee.
When a Customer receives SenseAware Single Journey services, the following additional fees may apply:
Additional Day Fee
If no return scan is shown on a SenseAware device provided to Customer, a fee of Ten U.S. dollars ($10.00) per day per device shall begin to accrue beginning the 8th day after the applicable device is programmed/activated (“Additional Day Fee”). Additional Day Fees for a device shall be assessed until the earlier of: (i) a return scan is shown on the device, or (ii) the device is considered lost as set forth below, at which time any Additional Day Fees incurred shall be applied to the device replacement fee set forth below.
Late fees will begin if no return scan is shown on a SenseAware device provided to Customer as of twenty four (24) hours after shipment delivery. The following late fees shall be assessed by FedEx and paid by Customer (the “Late Fees”):
• Ten U.S. dollars ($10.00) per day per device, up to a maximum of fourteen (14) days.
After incurring fourteen (14) days of Late Fees, a device will be deemed lost, at which time any Late Fees incurred shall be applied to the device replacement fee set forth below.
Device Replacement Fee
If a device is considered lost, returned damaged or functionally impaired, FedEx will charge Customer’s account, and Customer agrees to pay, two hundred and thirty U.S. dollars ($230.00) per such device as the full replacement value of any unreturned, damaged or impaired device.
Probe Replacement Fee
If a SenseAware probe provided to Customer is not returned to FedEx within fifteen (15) days after shipment delivery, or if the probe is returned damaged or functionally impaired, FedEx will charge Customer’s account, and Customer agrees to pay one hundred and seventy-five U.S. dollars ($175.00) per such probe as the full replacement value of any unreturned, damaged or impaired probe.
Journey Change Fee
Once the device is programmed/activated, Customer agrees to pay FedEx the following additional fees if Customer requests a change to the originally scheduled origin departure date (“Journey Change Fee”):
• If the revised departure date is scheduled for no later than two (2) days from original departure date, there is no Journey Change Fee.
• If the revised departure date is scheduled for later than two (2) days from the original departure date, Customer agrees to pay an additional Journey Change Fee of ten U.S. dollars ($10.00) per day, up to a maximum of fourteen (14) days.
• If the revised departure date is scheduled for later than sixteen (16) days from the original departure date, Customer agrees to return the device and arrange anew for any Services to be provided.
For clarity, Additional Day Fees, Late Fees and Journey Change Fees are separate fees that may all accrue and be billed to Customer for a device as set forth above.