COURIERPOINT
TERMS & CONDITIONS OF BUSINESS
1. Interpretations
"Shipment" means all documents or parcels that travel under
one waybill and which may be carried by any means Courierpoint
chooses, including air, road or any other carrier. A "waybill"
shall include any label produced by Courierpoint automated
systems, air waybill, or consignment note and shall incorporate
these Terms and Conditions. Every Shipment is transported
on a limited liability basis as provided herein. If a Shipper
requires greater protection, then insurance may be arranged
at an additional cost. "Courierpoint" means CourierPoint
Limited and includes our employees, agents and sub-contractors.
When ordering Courierpoint's services you, as "Shipper",
are agreeing, on your behalf and on behalf of anyone else
with an interest in the Shipment, that these Terms and Conditions
shall apply from the time that Courierpoint accepts the
Shipment unless otherwise agreed in writing by an authorised
officer of Courierpoint.
2. Customs, Exports and Imports
Courierpoint may perform any of the following activities
on Shipper's behalf in order to provide its services to
Shipper: (1) complete any documents, amend product or service
codes, and pay any duties or taxes required under applicable
laws and regulations, (2) act as Shipper's forwarding agent
for Customs and export control purposes and as Receiver
solely for the purpose of designating a Customs broker to
perform Customs clearance and entry and (3) redirect the
Shipment to Receiver's import broker or other address upon
request by any person who Courierpoint believes in its reasonable
opinion to be authorised.
3. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation
and is deemed unacceptable if: (1) it is classified as hazardous
material, dangerous goods, prohibited or restricted articles
by IATA (International Air Transport Association), ICAO
(International Civil Aviation Organisation), any applicable
government department or other relevant organisation; (2)
no Customs declaration is made when required by applicable
Customs regulations or; (3) Courierpoint decides it cannot
transport an item safely or legally (such items include
but are not limited to: animals, bullion, currency, bearer
form negotiable instruments, precious metals and stones,
firearms, parts thereof and ammunition, human remains, pornography
and illegal narcotics/drugs).
4. Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes.
Shipments are delivered to the Receiver's address given
by Shipper but not necessarily to the named Receiver personally.
Shipments to addresses with a central receiving area will
be delivered to that area. When collecting or delivering
Shipments appropriate equipment and labour for loading or
unloading Shipments must be available. Any assistance Courierpoint
provides to load or unload a Shipment will be provided at
Courierpoint's discretion and is at Shipper's sole risk
and Courierpoint will not be liable for any damage caused
(whether negligently or otherwise). Shipper will indemnify
and keep Courierpoint indemnified against any costs, expenses,
liabilities, injuries, losses, damages, claims, demands,
proceedings or legal costs and judgements which Courierpoint
suffer as a result of the provision of such assistance.
If Receiver refuses delivery or to pay for delivery, or
the Shipment is deemed to be unacceptable, or it has been
undervalued for Customs purposes, or Receiver cannot be
reasonably identified or located, Courierpoint shall use
reasonable efforts to return the Shipment to Shipper at
Shipper's cost, failing which the Shipment may be released,
disposed of or sold by Courierpoint without incurring any
liability whatsoever to Shipper or anyone else, with the
proceeds applied against service charges and related administrative
costs and the balance of the proceeds of a sale to be returned
to Shipper.
5. Inspection
Courierpoint has the right to open and inspect a Shipment
without prior notice to Shipper.
6. Shipment Charges & Billing
Courierpoint's Shipment charges are calculated according
to the higher of actual or volumetric weight and any Shipment
may be re-weighed and re-measured by Courierpoint to confirm
this calculation. Shipper shall pay or reimburse Courierpoint
for all Shipment charges, storage charges, duties and taxes
owed for services provided by Courierpoint or incurred by
Courierpoint on Shipper's or Receiver's or any third party's
behalf and all claims, damages, fines and expenses incurred
if the Shipment is deemed unacceptable for transport as
described in these Terms and Conditions. Value Added Tax
at the current rate will be charged on all Shipments between
member countries of the European Union. If full payment
for an invoice is not received by the payment date shown
on the invoice the amount due will be increased to list
price. This amount is shown on all invoices. Courierpoint
has the right to refuse carriage of Shipments if invoices
payments are overdue. Where a price list has been agreed
with a Shipper Courierpoint will bill charges according
to that price list, excluding any variable elements such
as fuel surcharges. Courierpoint reserve the right to change
or withdraw Shipper's agreed price lists at any time. Shipper
must obtain a written quotation for any service not shown
on an agreed price list prior to collection of the Shipment.
7. Courierpoint's Liability
Courierpoint contracts with Shipper on the basis that Courierpoint's
liability is strictly limited to direct loss only and to
the per kilo limits as set out in these terms and conditions.
Shock labels or similar devices designed to show whether
a Shipment has been subject to treatment likely to cause
damage to it are not accepted as proof of damage. All other
types of loss or damage are excluded (including but not
limited to lost profits, income, interest, future business),
whether such loss or damage is special or indirect, and
even if the risk of such loss or damage was brought to Courierpoint's
attention before or after acceptance of the Shipment since
special risks can be insured by Shipper. Courierpoint's
liability in respect of any one Shipment transported is
limited to its actual cash value or the value of two Special
Drawing Rights, as defined by the International Monetary Fund,
per kilogram of the gross weight, whichever the least, of such
Shipment which has been lost, mis-delivered or damaged.
If the Shipment is transported by air and involves an ultimate
destination or stop in a country other than the country
of departure, the Warsaw Convention may govern Courierpoint's
liability. A claims excess will
apply to each and every claim and that the first £35.00
of any such liability will not be recoverable. 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. If Shipper regards these limits as insufficient
it must make a special declaration of value and request
insurance as described in these Terms and Conditions or
make its own insurance arrangements, failing which Shipper
assumes all risks of loss or damage. Courierpoint will not
be liable (whether in negligence or otherwise) for damage
to Shipments or loss, mis-delivery or non-delivery of Shipments,
unless you notify us (other than upon any delivery document)
of the same within: (1) 3 days of the date of delivery if
the proof of delivery is signed as having been received
in good condition and; (2) 7 days of the date of delivery
(or the due date for delivery if the whole Shipment has
been lost or mis-delivered) in all other cases, and make
a written claim against us within 21 days of the date of
delivery or the due date of delivery (as appropriate). We
will not be liable (whether in negligence or otherwise)
to you in respect of any late delivery, or any loss, damage,
mis-delivery or non-delivery of a Shipment unless legal
proceedings are commenced against us within 12 months from
the date when transit commences.
8. Shipment Insurance
Courierpoint can arrange insurance for Shipper covering
the actual cash value in respect of loss of or physical
damage to the Shipment provided the Shipper notifies Courierpoint
before collection of the Shipment and pays the applicable
premium. Shipment insurance does not cover indirect loss
or damage or loss or damage caused by delays.
9. Delayed Shipments
Courierpoint will make every reasonable effort to deliver
the Shipment according to Courierpoint's regular delivery
schedules, but these are not guaranteed and do not form
part of the contract. Courierpoint is not liable for any
damages or loss caused by delays.
10. Circumstances beyond Courierpoint's control
Courierpoint is not liable for any loss or damage arising
out of circumstances beyond Courierpoint's control. These
include but are not limited to: - "Act of God" - e.g. earthquake,
cyclone, storm, flood, fog; "Force Majeure" - e.g. war,
plane crash or embargo; any defect or characteristic related
to the nature of the Shipment, even if known to Courierpoint;
riot or civil commotion; any act or omission by a person
not employed or contracted by Courierpoint e.g. Shipper,
Receiver, third party, Customs or other government official;
industrial action; and electrical or magnetic damage to,
or erasure of, electronic or photographic images, data or
recordings.
11. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold Courierpoint harmless for
any loss or damage arising out of Shipper's failure to comply
with any applicable laws or regulations and for Shipper's
breach of the following warranties and representations:
(1) all information provided by Shipper or its representatives
is complete and accurate; (2) the Shipment was prepared
in secure premises by Shipper's employees; (3) Shipper employed
reliable staff to prepare the Shipment; (4) Shipper protected
the Shipment against unauthorised interference during preparation,
storage and transportation to Courierpoint; (5) the Shipment
is properly marked and addressed and packed to ensure safe
transportation with ordinary care in handling; (6) all applicable
Customs, import, export and other laws and regulations have
been complied with; and (7) the waybill has been signed
by Shipper's authorised representative and the Terms and
Conditions constitute binding and enforceable obligations
of Shipper.
12. Routing
Shipper agrees to all routing and diversion, including the
possibility that the Shipment may be carried via intermediate
stopping places.
13. Governing Law
The formation, construction, performance, validity and all
aspects of these Conditions is governed by English law and
the parties submit to the exclusive jurisdiction of the
English Courts.
14. Severability
The invalidity or unenforceability of any provision shall
not affect any other part of these Terms and Conditions.
15. Data Access
Courierpoint may search publicly available information to
establish credit history. Courierpoint has the right to
refuse to open carrier accounts without further explanation
if satisfactory credit history can not be obtained.
|
