Unacceptable Shipments
The Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:-
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;
no Customs declaration is made when required by applicable Customs regulations; or
The Company 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).
Deliveries & Undeliverable
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. 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, The Company 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 The Company without incurring any liability whatsoever to the 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 the Shipper.
Inspection Air Courier International has the right to open and inspect a Shipment without prior notice to Shipper.
Shipment Charges & Billing
The Company'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 the Company to confirm this calculation. Shipper shall pay or reimburse the Company for all Shipment charges, storage charges, duties and taxes owed for services provided by the Company or incurred by the Company 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 Section 2.
Liabiliy
The Company's Liability contracts with Shipper on the basis that the Company's liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. 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 the Company's attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. The Company's liability in respect of any one Shipment transported, without prejudice, is limited to its actual cash value and shall not exceed the greater of $USD 100 or:
$USD 20.00/kilogram or $USD 9.07/lb for Shipments transported by air or other non-road mode of transportation; or
$USD 10.00/kilogram or $USD 4.54/lb for Shipments transported by road (not applicable to the US); or
$USD 100 for Balikbayan Boxes whether by air or sea
Container shipments
Shipments made where the shipper has sole and exclusive use of a shipping container may have insurance on the following terms:
a) Where the shipper or their agent/s load the container, insurance may be offered on the basis of total loss only for a charge of 2% of the declared value of the load; or
b) Where the Company or its agent load or supervise the loading of the container, insurance may be offered for total loss, theft or damage for a charge of 5% of the declared value of the load.
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 the Shipper regards these limits as insufficient it must make its own insurance arrangements, failing which the Shipper assumes all risks of loss or damage.
Time Limits for Claims
All claims must be submitted in writing to the Company within thirty (30) days from the date that the Company accepted the Shipment, failing which the Company shall have no liability whatsoever.
Shipment Insurance
The Company does not offer insurance services except for container shipments.
Delayed Shipments
The Company will make every reasonable effort to deliver the Shipment according to the Company's regular delivery schedules, but these are not guaranteed and do not form part of the contract. The Company is not liable for any damages or loss caused by delays.
Circumstances beyond the Company's control
The Company is not liable for any loss or damage arising out of circumstances beyond the Company'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 the Company; riot or civil commotion; any act or omission by a person not employed or contracted by the Company 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.
Warsaw Convention
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 ("Warsaw"), if applicable, governs and in most cases limits the Company's liability for loss or damage.
Shipper's Warranties and Indemnity
Shipper shall indemnify and hold the Company 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:-
all information provided by Shipper or its representatives is complete and accurate;
the Shipment was prepared in secure premises by Shipper's employees;
Shipper employed reliable staff to prepare the Shipment;
Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to the Company;
the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
all applicable Customs, import, export and other laws and regulations have been complied with; and
the waybill/transit note/Bill of Lading has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of the Company, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
These Terms and Conditions are written in English and may be printed off or copied for the use of any interested party. No translation into any other language is authorized.