Terms and conditions
When ordering **Continental Express Solution’s** 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 **Continental Express Solution** accepts the Shipment unless otherwise agreed in writing by an authorised officer of **Continental Express Solution**. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means **Continental Express Solution** chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by **Continental Express Solution’s** automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
**Customs, Exports and Imports**
**Continental Express Solution** 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 **Continental Express Solution** believes in its reasonable opinion to be authorised.
**Unacceptable Shipments**
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
– **Continental Express Solution** 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**
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, **Continental Express Solution** 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 **Continental Express Solution** 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.
**Inspection**
**Continental Express Solution** has the right to open and inspect a Shipment without prior notice to Shipper.
**Shipment Charges & Billing**
**Continental Express Solution’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 **Continental Express Solution** to confirm this calculation. Shipper shall pay or reimburse **Continental Express Solution** for all Shipment charges, storage charges, duties and taxes owed for services provided by **Continental Express Solution** or incurred by **Continental Express Solution** 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.
**Continental Express Solution’s Liability**
**Continental Express Solution** contracts with Shipper on the basis that **Continental Express Solution’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 **Continental Express Solution’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. **Continental Express Solution’s** liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of $US 100 or
– $US 20.00/kilogram or $US 9.07/lb for Shipments transported by air or other non-road mode of transportation; or
– $US 10.00/kilogram or $US 4.54/lb for Shipments transported by road (not applicable to the US).
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 its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
**Time Limits for Claims**
All claims must be submitted in writing to **Continental Express Solution** within thirty (30) days from the date that **Continental Express Solution** accepted the Shipment, failing which **Continental Express Solution** shall have no liability whatsoever.
**Shipment Insurance**
Transit insurance is not included in shipping rates, but is available on request and at extra cost. Unless full confirmation in writing is received by the Shipper prior to dispatch, no shipment will be deemed to be insured for transit.
**Delayed Shipments**
**Continental Express Solution** will make every reasonable effort to deliver the Shipment according to **Continental Express Solution’s** regular delivery schedules, but these are not guaranteed and do not form part of the contract. **Continental Express Solution** is not liable for any damages or loss caused by delays.
**Circumstances Beyond Continental Express Solution’s Control**
**Continental Express Solution** is not liable for any loss or damage arising out of circumstances beyond **Continental Express Solution’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 **Continental Express Solution**;
– Riot or civil commotion;
– Any act or omission by a person not employed or contracted by **Continental Express Solution** 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 **Continental Express Solution’s** liability for loss or damage.
**Shipper’s Warranties and Indemnity**
Shipper shall indemnify and hold **Continental Express Solution** 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 **Continental Express Solution**;
– 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 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 **Continental Express Solution**, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and 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.
**Refunds**
Once a shipment has flown, refunds are not available. Prior to flight, full refunds are applicable minus an administration and return fee.
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