Liabilities Not Assumed

RUSH shall not be liable for any damages, whether direct, incidental, special or consequential, in excess of the declared value of a shipment, in any event, and including, but not limited to, damages resulting in loss of income or profits.

RUSH will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. However, in no event will RUSH be liable for any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or part from:

• The act, default or omission of the Shipper, Consignee or any other third party with an interest in the shipment;
• The nature of the shipment or any defect, characteristic or inherent vice of the shipment;
• The Shipper, Consignee or third party's violation of any of the terms and conditions contained in these Service Conditions, as amended from time to time, or on an Airfreight Waybill, including, but not limited to, the improper or insufficient packing, securing, marking or addressing of shipments;
. Perils of transportation, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, local disputes, civil commotions, hazards incident to a state of war, or weather conditions (as determined solely by RUSH); national or local disruptions in ground transportation networks due to events beyond RUSH's control, such as weather phenomena, strikes, or natural disasters: and disruption of communication and information systems; . Acts or omissions of any person or entity other than RUSH, including our compliance with verbal or written delivery instructions from the Shipper, Consignee or persons claiming to represent the Shipper or Consignee;
• Loss of or damage to articles packed and sealed in packages by the Shipper, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the Consignee without written notice of damage on the delivery record;
• Erasure of data from magnetic tapes, or other storage media or erasure of photographic images or sound tracks from exposed film;
• Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
• Our failure to honor "package orientation" graphics or damage to shipments in packaging not approved by RUSH prior to shipment where such prior approval is recommended or required herein;
• Damage in transit or in the handling of, or concealed or other damage to, florescent tubes, neon lighting, neon signs, X-ray tubes, glass or other inherently fragile items; and
• Shipper's failure to provide a RUSH account number in good credit standing in the billing instructions.

Revised 2/2/2007

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