CONDITIONS OF CARRIAGE

AGREEMENT TO TERMS

By giving your package to us for carriage you agree to all the terms of this NON-NEGOTIABLE waybill. No one is authorized to alter or modify the terms of our agreement.

 LIMITATIONS ON OUR LIABILITY AND LIABILITIES NOT ASSUMED

Our maximum liability for loss or damage to your package, (even if caused by our negligence or gross negligence) is limited to the amount of actual loss or $140 whichever is less, unless you fill in a higher “declared value” and pay an additional charge.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE, WHETHER DIRECT, INCIDENTAL (FOR EXAMPLE, ALTERNATIVE CARRIER TRANSPORTATION COSTS). CONSEQUENTIAL (FOR EXAMPLE LOSS OF PROFIT OR INCOME), OR SPECIAL, WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT BE INCURRED IN ANY MANNER RESULTING FROM MISDELIVERY, FAILURE TO DELIVER OR DELAY IN DELIVERY IN EXCESS OF: (i) IN THE CASE OF FUNDAMENTAL BREACH OF THE CONTRACT OF CARRIAGE, AN AMOUNT EQUAL TO OUR MAXIMUM LIABILITY AND THE AMOUNT ALL FREIGHT AND OTHER CHARGES PAID HEREUNDER, (ii) IN THE CASE OF DELAY. A REFUND OF OUR TRANSPORTATION CHARGES AND (iii) IN ANY OTHER CASE. AN AMOUNT EQUAL TO OUR MAXIMUM LIABILITY.

We shall not be liable for loss damage or delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils in the air, weather conditions, mechanical delays, acts of the Queen’s or public enemies, war riots, strikes, civil commotions, a defect or inherent vice in the goods, the acts or defaults {including but not limited to improper or insufficient packing, securing, marking or addressing of the shipment by the shipper, owner or consignee of, or anyone else with an interest in the shipment or any part thereof, authority of laws, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.

We won’t be liable if you or the consignee violate any of the terms of our agreement, or for loss or damage to shipments of prohibited items, including cash or currency. We cannot accept responsibility for loss, damage or delay of your shipment if caused by any carrier you have designated us to use for any portion of this carriage.

 DECLARED VALUE LIMITS

Except as otherwise provided herein the maximum declared value for any package is $10,000.

FILING A CLAIM

We won’t be liable for loss, damage or delay to any packages carried under this waybill unless notice thereof setting out particulars of the origin, destination, and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given to us.

  • WITHIN 15 DAYS AFTER WE DELIVER YOUR PACKAGE IF YOUR CLAIM RESULTS FROM LOSS.
  • WITHIN 30 DAYS AFTER WE DELIVER YOUR PACKAGE OR INVOICE YOU FOR THE DELIVERY IF YOUR CLAIM RESULTS FROM DELAYS, OR
  • WITHIN 90 DAYS FROM THE DATE OF SHIPMENT IF YOUR CLAIM RESULTS FROM NON-DELIVERY.

 

WE ARE NOT OBLIGATED TO ACT ON ANY CLAIM UNTIL YOU’VE PAID ALL TRANSPORTATION CHARGES.

 

RESPONSIBILITY FOR PAYMENT

Regardless of the payment instructions you give us, you will always be primarily responsible for all delivery charges. You will also be responsible for any costs we may incur in either returning your shipment to you or warehousing it pending disposition.

 

INDEMNITY You shell indemnify us and hold us harmless against all liabilities, losses, claims, damages, costs, and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation of whatsoever nature which you are required to observe with regard to or in connection with the carriage of the goods under this waybill.

 

SEVERABILITY

If any term, covenant, or condition of this waybill is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remainder of this waybill shall in no way be affected or impaired and shall be valid and enforced to the fullest extent permitted by law.