ROADIE PROTECTION PLAN
The Roadie Protection Plan reimburses you if items in your Gig are lost, stolen, or damaged because of a Driver’s negligence or willful misconduct (each a “Product Damage Claim”).
Levels of Protection
- Basic Protection – Maximum of $100.
- At no extra cost, each Gig includes Basic Protection up to a maximum of $100.00 per Gig. This means the $100.00 maximum is applied on a Gig-by-Gig basis no matter how many items are included in the Gig.
- Additional Protection – Up to $10,000.00.
- A Sender has the option to purchase Additional Protection for higher value Gigs. Additional Protection can be purchased on a Gig-by-Gig basis while arranging for a delivery in the app. The current cost of Additional Protection is $5 for Additional Protection from $100 - $500, and $5 for each additional $500 of Protection, with a maximum of $10,000.00 of Protection per Gig available. Roadie may change the cost for Additional Protection at any time, with no notice and such change will be effective whether or not this Protection Plan has been updated to reflect the same. Additional Protection is purchased and applied on a Gig-by-Gig basis, no matter how many items are included in the Gig. Additional Protection must be purchased at the time the Gig is arranged and is not available for certain items. Please see “Limits on Recovery for Certain Items and Senders” below. Amounts paid for Additional Protection are non-refundable even if purchased for excluded items.
The terms of this Agreement apply to Basic Protection and Additional Protection equally.
- A Sender must list and declare the combined value of the items in the Gig at the time of posting the Gig on the Roadie platform. Any items not listed, or any items listed without a value, will not be covered under the Roadie Protection Plan.
- A Sender must be able to prove the individual and/or combined value of the item(s) in the Gig subject to the Product Damage Claim, regardless of the value declared or the amount of Additional Protection purchased. Roadie will not pay on a Product Damage Claim without proof of the declared value.
- Roadie’s liability to any Sender for loss, damage or theft of the items included in a Sender’s Gig is always limited to the Sender’s actual, documented costs to repair or replace the item(s) subject to the Product Damage Claim. This means no matter the amount of Protection covering a Gig, Roadie will only pay a Sender for the Sender’s actual, documented costs to repair or replace the items subject to the Product Damage Claim. Roadie will not pay on a Product Damage Claim without documentation that verifies the replacement or repair cost of the item subject to the Product Damage Claim.
- A Sender has the responsibility to package all Products in a Gig appropriately based on the level of risk, fragility, and other factors specific to the individual Product.
- At the time of loading Product(s) into a Driver’s vehicle, the Driver shall inspect the Product(s) for visible damage and verify the quantity loaded. After a Driver’s acceptance of Product(s) for delivery, if such Product(s) are released by Driver in a visibly damaged condition, or are lost, stolen, or destroyed after such acceptance by a Driver and prior to proof of delivery, the Product(s) shall be presumed to have been lost, stolen, damaged, or destroyed by the Driver, unless Roadie can establish otherwise to the reasonable discretion of Sender.
Customer acknowledges and agrees that Roadie shall have no liability for concealed or non-visible damage to items contained in a Gig, unless Sender can establish to the reasonable discretion of Roadie that such damage was caused by the negligence or willful misconduct of the Driver.
Filing a Product Damage Claim
Senders must file a Product Damage Claim within three (3) business days of the Gig being delivered. When submitting a Product Damage Claim, the Sender must complete a Product Damage Claim form and fully cooperate with Roadie in investigating the Product Damage Claim and shall provide information and documentation as Roadie reasonably requests in connection with the Product Damage Claim.
To file a Product Damage Claim:
- Collect proof of value documentation for the items that are part of the claim.
- Collect pictures of the items that are part of the claim.
- For a claim related to damaged items, obtain and keep the damaged item. If Roadie agrees to pay out on such a Product Damage Claim, Roadie may, in its sole direction, elect to not pay the claim until it is allowed to collect the damaged items.
- Fill out all fields on the Product Damage Claim form (found as an attachment below).
- Email the completed Product Damage Claim form, proof of value documentation, all pictures of the damaged items, and if applicable for unexplained or disappearance of an item, a police report, to firstname.lastname@example.org.
Sender must reasonably cooperate with Roadie in investigating the Product Damage Claim and shall provide such information and documentation as Roadie shall reasonably request in connection with the same including, where applicable, any packaging used by the Sender for the damaged Product, proof of the value of the damaged Product(s) and/or a satisfactory police report. After reviewing your completed Product Damage Claim form and any supporting documentation, Roadie will notify you of its decision and any amount to be paid.
Unless otherwise agreed to by Roadie, claims under the Roadie Protection Plan will be paid by Roadie directly to the Sender and Roadie shall have no responsibility for payment of a Product Damage Claim to the Sender’s patron or the Gig recipient. Neither Roadie nor any Driver shall have any responsibility to address any of the Sender’s patrons’ questions or claims with respect to Gigs or Product Damage Claims under the Roadie Protection Plan and Sender agrees to handle all such questions or Product Damage Claims from its patrons promptly and directly.
Prior to payment on any Product Damage Claim, the Sender must sign a standard release releasing Roadie for further liability on the Product Damage Claim, and shall indemnify, defend and hold harmless Roadie and its affiliates from and against any and all claims arising in connection with any Product Damage Claim paid by Roadie and all losses incurred by Roadie and/or its affiliates therefrom.
Valuation; Repair or Replacement
Subject to the limitations set forth in “General Limits on Recovery” and “Limits on Recovery for Certain Items and Senders” below, Product Damage Claims shall be valued at Sender’s actual costs to repair or replace the Products that are the subject of the Product Damage Claim (including, Sender’s actual cost to re-box or refurbish damaged cartons for sale to its patrons when necessary to make the Product marketable, if any), provided that in no instance shall the amount of Roadie’s reimbursement to Sender for a Product Damage Claim exceed (i) its actual costs, notwithstanding the amount of Protection covering the Gig, and/or (ii) any payment made to its patron, or any liability limits or any other limitations applied by Sender, on its patron’s recovery for the same Product Damage Claim.
When replacing items, Roadie will reimburse the Sender for the lowest amount necessary to replace the item(s) subject to the Damage Claim, at the time and place of loss, theft or damage.
If Roadie pays to replace any damaged item, Roadie may, in its sole discretion, condition the payment for the Product Damage Claim on the claimant transferring possession of the damaged item to Roadie. In such event, Roadie shall be deemed to have purchased the item from the claimant.
A Sender must provide a third-party repair quote or evaluation from a qualified repair facility. While Roadie may pay the cost of repair, it is the Sender’s responsibility to have the item repaired.
General Limits on Recovery.
Roadie will have no liability to Sender, and no responsibility to pay on a Product Damage Claim if Sender and/or the Gig recipient do not reasonably cooperate with Roadie in investigating the Product Damage Claim.
Roadie will have no liability to the Sender, and no responsibility to pay on a Product Damage Claim if the Product is not properly packed to withstand transport based on the level of risk, fragility, and other factors specific to the individual item.
In the event of loss or damage to a set of items, Roadie is only liable to the value of the part of the set that is lost or damaged. Roadie is not liable for the value of the whole pair or set. In the event of loss or damage to any part of an item (including any part of a machine) that consists of several parts, Roadie is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Roadie be liable for the value of the complete item.
Limits on Recovery for Certain Items.
The Roadie Protection Plan limits a Sender’s recovery for loss or damage to certain items, for which Additional Protection is not available. If your Gig contains one of the items below, Roadie’s maximum liability and obligation to you for loss of, theft of, or damage to such items are as follows:
Maximum Reimbursement is $100 per Gig, even if Additional Protection is purchased.
- Checks: Roadie’s liability for checks contained in a Gig is limited to the cost of stopping payment on and reissuing the check. Roadie will not pay for the face value of the check.
- Perishable Items: Including food (both raw and prepared), non-food perishables (flower arrangements, plants, etc.), and pharmaceuticals. Roadie’s liability for Perishable Products contained in a Delivery Order is limited to those Perishable Products that have been properly packed to withstand transport, and then only if the loss or damage is directly due to the Driver’s failure to accomplish the Delivery Order within the time set forth in the request. All Product Damage Claims for Perishable Items will be valued as per the below with a Maximum Reimbursement of $100 per Gig:
- Food (prepared & raw): 60% of retail value
- Non-food perishables: 50% of retail value
- Pharmaceuticals: 25% of retail value
Maximum Reimbursement up to limits of Additional Protection paid for by Sender.
- Media: Roadie liability for media, such as documents, film, or photographs contained in a Gig, is limited to the replacement cost of the media on which the content is recorded. Roadie will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto.
- Heirlooms, Antiques, One-of-a-Kind: Roadie liability for heirlooms, antiques, or one-of-a-kind items contained in a Gig is limited to the actual monetary value of the item as shown by an invoice, sales receipt, appraisal, or with other proof of value of with a “like” item that can be verified.
- Unopened, new-in-box consumer electronics: Roadie liability for unopened, new-in-box consumer electronics contained in a Gig is limited to cases where there is significant, visible and documented damage to the packaging of the item, which damage occurred while in the Driver’s possession.
No Reimbursement, including with Basic Protection.
- Coins, currency, postage stamps, negotiable instruments, and money orders. Roadie shall have NO liability for loss or theft of, or damage to, coins, currency, postage stamps, negotiable instruments, or money orders contained in a Gig.
- Phone Cards, Tickets, Gift Cards, Certificates, Coupons, and Similar Matter: Roadie shall have NO liability for loss or theft of, or damage to phone cards, tickets, gift cards, and certificates, coupons, and similar matter contained in a Gig.
- Used Electronics: Roadie shall have NO liability for “used” electronics contained in a Gig. “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used.
- Over-the-Threshold: Drivers are not movers and do not cross the threshold while delivering. While you can always ask for their assistance in moving an item, a Driver is not obligated to do so. If a Driver does agree to provide assistance, Roadie shall have NO liability for any loss, damage, or theft, to the item(s) in the Gig or other items in your home, store, or place of delivery that may occur after you allow a Driver over the threshold.
- Prohibited Items: Roadie shall have NO liability for any Prohibited Item, described HERE, contained in a Gig.
Additional Limitations in the Roadie Protection Plan Apply to Certain Senders.
Roadie shall have no liability to a Sender for loss, damage or theft of items in a Sender’s Gig, if a Sender is a courier, delivery service, or another person that provides aggregation and/or fulfillment services for deliveries (a “Third-Party Logistics Provider”) and uses Delivery Services provided through the Roadie Platform to deliver items that such Third-Party Logistics Provider has been hired to deliver. Determination of whether a Sender is or should be categorized as a Third Party Logistics provider is at Roadie’s sole discretion.
Third-Party Claims Providers: Roadie may use a third-party provider to manage the claims process. In cases of damage to a Roadie Special Item, Roadie (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging at its sole discretion.
Recovery under the Roadie Protection Plan is the Sender’s sole relief and recovery for any claim relating to the loss, theft of, or damage to, items in their Gig.
YOU ACKNOWLEDGE AND AGREE THAT OUTSIDE OF THE ROADIE PROTECTION PLAN, ROADIE DOES NOT HAVE CONTROL OVER, AND HAS NO RESPONSIBILITY FOR, ANY DAMAGE TO THE CONTENT(S) OF A GIG AND THAT A DRIVER IS SOLELY RESPONSIBLE TO A SENDER THEREFOR.
SENDERS SENDING ANY ITEM IN A GIG DO SO AT THEIR OWN RISK. ROADIE WILL NOT REIMBURSE ANY SENDER FOR ANY GIG OR THE ITEM(S) IN THE GIG IN EXCESS OF ROADIE’S MAXIMUM REIMBURSEMENT LIMITS OR LIMITS ON RECOVERY FOR CERTAIN ITEMS SET FORTH ABOVE, NO MATTER THE ITEM(S) ACTUAL VALUE AND NO MATTER WHETHER SENDER PURCHASED ADDITIONAL PROTECTION FOR THE GIG.
THE ROADIE PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM AND UNDER NO CIRCUMSTANCES WILL ROADIE REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.