Terms of
Service
BY USING OUR
SERVICE, YOU ARE AGREE TO THE FOLLOWING TERMS AND CONDITION OF SERVICE.
TERMS AND CONDITIONS OF SERVICE
Terms and Conditions
IMPORTANT NOTICE
When ordering courier company services you, as shipper
are agreeing, on your behalf and on behalf of anyone
else with an interest in the Shipment, that the Terms
and Conditions shall apply from the time that courier
company accepts the Shipment unless otherwise agreed in
writing by an authorized officer of courier company.
Shipment means all documents or parcels that travel
under one waybill and which may be carried by any means
courier company chooses, including air, road or any
other carrier. A WayBill shall include any bill of
lading, label produced by courier company automated
systems, air waybill, or consignment note and shall
incorporate these Terms and Conditions. Every Shipment
shall be transported on a limited liability basis as
provided herein. If Shipper requires greater protection,
then Shipment Value Protection may be arranged at an
additional cost. (Please see below for further
information). courier company means any member of the
courier company network.
1. Unacceptable Shipments
Shipper warrants that its Shipment is acceptable for
transportation and that it does not contain:
1. any article classified as hazardous material,
dangerous goods, prohibited or restricted by
2. any applicable government agency or other relevant
organization;
3. animals; articles of extraordinary value such as but
not limited to bullion, currency, bearer form negotiable
instruments, precious metals and stones; firearms, parts
thereof and
4. ammunition; human remains; pornography or illegal
narcotics/drugs.
courier company will not accept any Shipment that
contains the articles listed above, or that contains any
articles that courier company decides cannot be
transported safely or legally.
2. Deliveries and Undeliverable
Shipments cannot be delivered to PO boxes. If Receiver
refuses delivery or to pay for delivery, or the Shipment
is deemed to be unacceptable, or Receiver cannot be
reasonably identified or located, courier company shall
use reasonable efforts to return the Shipment to Shipper
at Shipper cost, failing which the Shipment may be
released, disposed of or sold by courier company without
incurring any liability whatsoever to Shipper or anyone
else, with the proceeds applied against freight charges,
storage charges and related administrative costs
incurred by courier company, and the balance of the
proceeds of a sale to be returned to Shipper.
3. Inspection
courier company has the right to open and inspect a
Shipment without prior notice to Shipper.
4. Shipment Charges & Billing
courier company freight charges are calculated according
to the higher of the customer designated weight, actual
or volumetric weight, or a default weight where
appropriate. Any Shipment may be reweighed and
re-measured by courier company to confirm this
calculation. If the Shipper does not record a weight on
the waybill at the time of shipment tender and the
shipment is not re-weighed or remeasured, then a default
weight will be applied to the shipment. Shipper shall
pay or reimburse courier company for all freight
charges, storage charges, and taxes owed for services
provided by courier company or incurred by courier
company on Shipper or Receiver or any third party behalf
and all claims, damages, fines and expenses incurred if
the Shipment is deemed unacceptable for transport as
described in Section 1. Claims for overcharges, credits
and invoice charges must be submit to us within one 7
days after the date of acceptance of the shipment by
courier company. The amount of the overcharge and/or
credit claim may not be deducted from transportation
charges.
5. courier company Liability
Unless Shipper requests and pays for Shipment Value
Protection, and makes a special declaration of value as
described in Section 7 at the time of shipment, courier
company liability for loss or damage to any Shipment or
any portion thereof is limited to the lesser of (i)
USD100.00 or (ii) the actual cash value of the article(s)
lost or damaged. In no event shall courier company be
liable for special, incidental or consequential damages,
such as but not limited to lost profits, income,
interest or loss of future business, even if the risk of
such damages was brought to courier company attention
before or after acceptance of the Shipment. Should any
article of extraordinary value as defined in Section 1
be inadvertently accepted for shipment, courier company
liability for loss or damage thereto shall be limited to
USD100.00.
6. Claims
Claims are limited to one claim per Shipment, settlement
of which will be full and final settlement for all loss
or damage in connection therewith. Claims must be
submitted to us within 21 days after the delivery of the
Shipment, except that claims for failure to make
delivery must be submitted in writing within 21 days
after a reasonable time for delivery has elapsed.
Written notice of concealed loss or damage must be given
to courier company within fifteen (15) days after the
delivery of the Shipment. Suit for loss of or damage to
a Shipment must be instituted against courier company no
later than two (2) years and one (1) day from the date
when courier company gives written denial of any part of
the claim. All of the original shipping cartons, packing
and contents must be made available for courier company
inspection and retained until the claim is concluded.
courier company is not obligated to act on any claim
until all transportation charges have been paid.
7. Shipment Value Protection
If the Shipment has an actual value greater than the
liability limits listed in Section 5, courier company
can arrange Shipment Value Protection for Shipper
covering the actual cash value with respect to loss of
or physical damage to the Shipment, subject to Section 9
herein, provided Shipper completes the Shipment Value
Protection section on the front of the Ground Waybill or
requests it via courier company automated systems and
pays the applicable excess value charge. Shipment Value
Protection does not cover consequential damages or
indirect loss or damage, or any loss or damage caused by
delays. If Shipper does not request Shipment Value
Protection and pay the appropriate charge, Shipper
assumes all risks of loss or damage over the amount of
courier company liability as stated in Section 5.
8. Delayed Shipments
courier company will make every reasonable effort to
deliver the Shipment according to courier company
regular delivery schedules, but these delivery schedules
are not guaranteed and do not form part of the contract.
courier company is not liable for any damages or loss
caused by delays.
9. Exclusion
courier company is not liable for any loss or damage
arising out of acts of God, e.g., earthquake, cyclone,
storm, flood, fog; force majeure events, e.g., war,
plane crash or embargo; acts of the public enemy; acts
of government; acts of public authorities possessing
actual or apparent authority; any defect, characteristic
or vice inherent in the Shipment; any act or default of
the Shipper, consignee or other party who claims an
interest in the Shipment; or any other cause beyond
courier company control.
10. Shipper Warranties and Indemnity
Shipper shall indemnify and hold courier company
harmless for any loss or damage arising out of Shipper
failure to comply with any applicable laws or
regulations and for Shipper breach of the following
warranties and representations:
1. all information provided by Shipper or its
representatives is complete and accurate;
2. Shipper protected the Shipment against unauthorized
interference during preparation, storage and
transportation to courier company;
3. the Shipment is properly marked and addressed and
packed to ensure safe transportation with ordinary care
in handling;
4. all applicable laws and regulations have been
complied with;
5. the waybill has been signed by Shipper authorized
representative and the Terms and Conditions constitute
binding and enforceable obligations of Shipper; and
6. the materials constituting the Shipment are properly
classified, described, packaged, marked and labeled and
are in proper condition for transportation according to
the
applicable regulations.
Violation of any of these warranties will excuse courier
company from any liability whatsoever for loss of or
damage to a Shipment incurred as a result of the
violation. Furthermore, Shipper shall be liable to
courier company for all claims, fines, penalties,
damages, and costs incurred by or imposed upon courier
company as a result of a violation of these warranties.
11. Severability
The invalidity or unenforceability of any provision
shall not affect any other part of these Terms and
Conditions.
