THESE CONDITIONS OF CARRIAGE APPLY TO CARRIAGE BY AIR OR GROUND, ALONG WITH THE WAYBILL RELATED TO THE SHIPMENT TENDERED TO WORLD COURIER FOR CARRIAGE.
LIABILITY LIMITATIONS APPLY, THE PRINCIPAL ONES COMPRISING SECTIONS 11, 12 AND 13 BELOW.
THESE CONDITIONS OF CARRIAGE AND THE FORMS OF THE DOCUMENTS TO WHICH THEY REFER MAY BE AMENDED PERIODICALLY BY WORLD COURIER AT ITS DISCRETION. THE MOST CURRENT VERSION OF THE FOREGOING AND ALL APPLICABLE FORMS AND LOCAL VARIATIONS OF SAID ITEMS ARE AVAILABLE AT WWW.WORLDCOURIER.COM OR AT ANY WORLD COURIER OFFICE.
1. Certain Definitions. The following terms used in these Conditions of Carriage are defined as follows: “Carriage”: the holding, transport, delivery and other services undertaken with respect to a Shipment. “CMR”: the Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956), as amended from time to time. "Conditions": these Conditions of Carriage and the Waybill related to the respective Shipment. “Courier Organization”: World Courier and its subsidiaries and affiliates and their respective directors, officers, employees, agents and independent contractors. “Customs Laws”: customs laws, rules and regulations issued by the government of any country where any portion of the Carriage of the respective Shipment may take place or takes place. “Declared Value for Carriage”: the Declared Value for Carriage, if any, indicated on the Waybill related to the respective Shipment. “Ex/Im Laws”: export and import laws, rules and regulations issued by the government of any country where any portion of the Carriage of the respective Shipment may take place or takes place. “International Conventions”: applicable international treaties and laws, including without limitation, the CMR, the Montreal Convention and the Warsaw Convention. “Montreal Convention”: the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999), as amended from time to time. “Shipment”: any item tendered to, and accepted by World Courier for Carriage. "Shipper”: the one listed as shipper in the respective Waybill. “Shipping Parties”: the Shipment’s Shipper, consignee, receiver, and owner and anyone else with an interest in the Shipment. “Special Drawing Rights”: the Special Drawing Rights defined by the International Monetary Fund. “Warsaw Convention”: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, and its amendments and protocols. “Waybill”: the waybill accompanying the Shipment tendered to World Courier for Carriage or any shipping document, label, receipt, electronic entry, order form or any other means issued or provided by World Courier that preserves a record of the Carriage to be performed with respect to said Shipment. “World Courier”: the World Courier company appearing on the Waybill related to the respective Shipment.
2. Agreement to Conditions. Shipper agrees to comply with the Conditions and confirms the other Shipping Parties will comply with the Conditions. The agreement by all of the Shipping Parties to comply with the Conditions is further confirmed by a Shipping Party requesting Carriage for the Shipment, tendering it for Carriage, signing or accepting the Waybill accompanying or related to a Shipment and/or electronically accepting the Conditions. World Courier is bound by the Conditions.
3. Preparation of Shipment and Compliance with Laws. Shipper will: (a) Prepare and pack properly the items to be tendered for Carriage to ensure their safe Carriage with ordinary care in handling; (b) Indicate on the Waybill applicable to a Shipment if any contents are fragile or susceptible to damage during Carriage or require special packing or handling for safe Carriage; (c) Mark legibly and durably the Shipment or attach a label to the Shipment with the name and address of Shipper and the consignee; (d) Provide in writing all the information requested by World Courier and all the necessary or appropriate information to complete the respective Waybill and perform the Carriage with respect to said Shipment; and (e) Provide all declarations that may be necessary or appropriate, including without limitation, applicable dangerous goods declarations. Shipper represents on behalf of itself and the other Shipping Parties that they comply and will continue to comply with all applicable World Courier requirements and International Conventions and other laws, rules, regulations, requirements and customs, including without limitation, all Ex/Im Laws, including licensing requirements therein; Customs Laws; the International Air Transportation Association Dangerous Goods Regulations (the “IATA Regulations”); and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (the “ICAO Instructions”).
4. Charges, Fees, Advances; No Setoffs. (a) The Shipping Parties will, jointly and severally, pay promptly and fully World Courier for the Carriage of each Shipment in accordance with: (i) the tariff applicable at the time and the location where the Shipment is tendered for Carriage, or (ii) the rates, charges or fees otherwise agreed to between a Shipment Party and World Courier. The Shipping Parties will reimburse World Courier for all advances and disbursements made in connection with each Shipment. (b) No one in the Courier Organization is obligated to make or be liable for any payment related to any Shipment, or to pay any duties, taxes or other charges or fees, unless the same has been previously agreed to by World Courier and a Shipping Party. (c) No deductions or setoffs shall be made against any sums owed World Courier on account of any alleged claims against any one in the Courier Organization.
5. Certain Shipper Representations and Warranties. Acceptance of each Shipment for Carriage shall be on the basis that Shipper represents and warrants on behalf of itself and the other Shipping Parties the following to the Courier Organization with respect to each Shipment: (a) Shipper owns the Shipment or is a fully-authorized agent of the owner or other Shipping Parties; (b) The Shipment excludes the following: (i) weapons, ammunition, explosives or any damaging items; (ii) items the possession, carriage, importation or exportation of which violates any law, rule or regulation; (iii) money, cash, bullion, negotiable cash equivalents or securities; (iv) items requiring a license for their Carriage that has not been obtained; (v) items forbidden to be transported, imported or exported by the IATA Regulations, the ICAO Instructions or applicable laws; and (c) All statements and information in the respective Waybill and other documents are true, correct and current. (d) The Declared Value for Carriage of a Shipment, if any, represents the Shipping Parties’ full interest in delivery at destination; and the replacement cost of a Shipment represents the Shipping Parties’ actual interest in delivery at destination.
6. Dangerous Goods. The Courier Organization reserves the right to accept or reject, in the sole and absolute discretion of anyone in the Courier Organization, any items tendered for Carriage that are dangerous goods under any applicable law, rule or regulation. The Courier Organization does not accept for Carriage anything that is forbidden by the IATA Regulations, the ICAO Instructions or applicable laws. Full details with respect to the Carriage of dangerous goods are available on request at any World Courier office.
7. Customs Clearance. (a) With respect to Shipments, Shipper: (i) appoints World Courier and others in the Courier Organization, if necessary, to serve as agent solely for performance of customs clearance, and (ii) certifies said parties as nominal consignee(s) to designate a customs broker to perform customs clearance. Shipper shall provide to World Courier all information and complete and provide all documents necessary to confirm said appointment and certification and to comply with Customs Laws. (b) Where customs entries are filed in connection with any Shipment by a licensed customs broker selected by World Courier or anyone else in the Courier Organization, the Shipper in its own capacity and as agent for the consignee: (i) acknowledges that the customs broker and not World Courier or anyone else in the Courier Organization is conducting the customs business, and (ii) waives any requirement that an invoice, statement or copy of an entry be sent from the customs broker to the Shipper or the consignee. Nothing herein shall be construed as preventing the Shipper or the consignee from directly communicating with the customs broker.
8. Export/Import Controls. The Courier Organization does not knowingly accept anything for Carriage in violation of any Ex/Im Laws. With respect to each Shipment, Shipper authorizes World Courier and others in the Courier Organization to act as agents for export control and customs purposes. Shipper on behalf of itself and the other Shipping Parties represents and warrants that: (a) no Shipment contains anything that violates any Ex/Im Laws, including without limitation Export Administration Regulations administered by the U.S. Department of Commerce, the International Traffic in Arms Regulations administered by the U.S. Department of State or any of the regulations administered by the Office of Foreign Asset Controls of the U.S. Department of the Treasury; (b) none of the Shipping Parties is on the Denied Persons List maintained by the U.S. Department of Commerce, the Specially Designated National or Blocked Persons lists maintained by the U.S. Department of the Treasury or in any other similar list maintained by the U.S. government or any other government where any portion of the Carriage of a Shipment may take place or takes place, and (c) no Shipment is being made directly or indirectly to, or is in any way being facilitated by, any person in said lists. Shipper shall provide to World Courier all information and complete and provide all documents necessary to comply with Ex/Im Laws.
9. Rights Reserved to the Courier Organization. (a) Everyone in the Courier Organization reserves the right to perform any of the following: (i) reject or abandon Carriage of Shipments, particularly if anyone in the Courier Organization determines any Shipment is illegal, unsafe, improper or contrary to any Shipping Party’s representations, warranties or obligations in the Conditions; (ii) inspect Shipments and correct information found to be different from statements in the respective Waybill or the Conditions, but: (x) no one in the Courier Organization is obligated to take said actions, and (y) taking or not taking said actions has no legal effect or consequence on anyone in the Courier Organization; (iii) accept Shipments for Carriage without being deemed to waive any Shipping Party’s representations, warranties or obligations in the Conditions; (iv) upon abandonment of a Shipment, take such actions as anyone in the Courier Organization deems necessary or appropriate to ensure lawful, proper and safe operations without liability or obligation, other to notify Shipper; and (v) perform World Courier’s obligations in the Conditions. (b) Carriage of a Shipment may be made by any means of Carriage and any route whatsoever (with whatever stopovers). Any charges resulting from any adjustment to said means or routes shall be at World Courier’s reasonable discretion and paid by the Shipping Parties. (c) No one in the Courier Organization is deemed to have actual knowledge of a Shipment’s contents or responsible or liable for the correctness or sufficiency of information in any Waybill or any accompanying documents or other information.
10. Delivery. A Shipment will be delivered to the consignee at its address on the respective Waybill, subject to the Conditions and provided the Shipping Parties have observed the Conditions and the consignee acknowledges receipt in writing or electronically. If delivery of a Shipment cannot be made for reasons beyond World Courier’s control, World Courier will return the Shipment through itself or others to the departure airport and notify Shipper. Shipper will pay all charges and expenses related to World Courier’s failure to make delivery, without any liability to the Courier Organization for such return or failure to deliver. This Section 10 amends Articles 12 though 14 of the Warsaw Convention and of the Montreal Convention to the extent they can be so amended.
11. Limitations of Liability. (a) If Carriage by air of a Shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and limit the liability of the Courier Organization in respect of loss, damage or delay in the delivery of the Shipment. Unless a higher Declared Value for Carriage of the Shipment is declared on the respective Waybill and a surcharge paid, liability of the Courier Organization may be limited to 19 Special Drawing Rights per kilogram of the Shipment under the Montreal Convention or the Warsaw Convention. (b) If Carriage involves Carriage of goods by road for a fee from one country to a destination in another, of which at least one is a party to the CMR, the CMR may be applicable and limit the liability of the Courier Organization in respect of loss, damage or delay in the delivery of the Shipment. Unless a higher Declared Value for Carriage of the Shipment is declared on the respective Waybill and a surcharge paid, liability of the Courier Organization may be limited to 8.33 Special Drawing Rights per kilogram of the Shipment. (c) For Carriage to which an International Convention does not apply, the liability of the Courier Organization for loss, damage or delay in the delivery of a Shipment and other Carriage shall be the greater of 19 Special Drawing Rights per kilogram of the Shipment or US$150, unless a higher Declared Value for Carriage of the Shipment is declared on the respective Waybill and a surcharge paid. (d) If prior to tendering a Shipment for Carriage Shipper declares on the related Waybill a Declared Value for Carriage of the Shipment higher than the applicable liability limitation amount set forth above and pays a surcharge, the liability of the Courier Organization for loss, damage or delay in the delivery of the Shipment and other Carriage shall be the Shipment’s Declared Value for Carriage or replacement cost, whichever is lower. (e) The maximum Declared Value for Carriage of a Shipment shall be US$100,000. (f) The surcharge referenced in this Section 11 shall be the liability surcharge quoted by World Courier.
12. No Liability. No one in the Courier Organization shall be liable for any damages or losses that are: (a) Special, punitive, consequential, indirect, or incidental, such as, by way of example and not of limitation, lost profits, income or business opportunity, and interest; (b) Not caused by its own negligence or wilful misconduct; (c) Related to any act or omission in the Shipment’s customs clearance, except to the extent specifically agreed to in writing by one in the Courier Organization with respect to the Shipment; (d) Caused directly or indirectly by the act or omission of any Shipping Party or of another, such as by way of example, and not of limitation, improper packing by Shipper; and/or (e) Caused directly or indirectly by force majeure, meaning hazards or dangers incident to a state of war or belligerency; any act or restraint of any government or public authority acting with actual or apparent authority; strikes, riots, or civil unrest; fires, water damages, floods, tremors, earthquakes, mudslides, rain, snowstorms, tornadoes, hurricanes, monsoons, eruptions and other natural disasters and weather conditions; the failure or inability, or acts or omissions resulting from the expectation of failure or inability, of any equipment or other hardware or any software to recognize, interpret or process correctly any date or to function correctly after such failure or inability and/or after the correct date; and/or acts of God and/or any other circumstances outside World Courier's control. Furthermore, if a routing requires the use of a surface carrier, World Courier and any other in the Courier Organization act only as agents of Shipper, without liability for any loss, damage, or delay in the delivery of a Shipment.
13. Certain Acknowledgments. Shipper, on behalf of itself and the other Shipping Parties, acknowledges and agrees with the following: (a) No one in the Courier Organization provides insurance coverage of any kind, and the Courier Organization strongly recommends Shipping Parties arrange appropriate insurance coverage through their respective agents or brokers; (b) Acceptance by any one in the Courier Organization of any Shipment for Carriage with a Declared Value for Carriage exceeding US$100,000 is not a waiver by anyone in the Courier Organization of such maximum or of any other provision in the Conditions. (c) World Courier makes no warranties, expressed or implied; (d) Delivery of a Shipment by a stipulated date or time is not guaranteed; (e) Subject to Section 14 below, a Shipment’s receipt by the respective consignee without complaint is prima facie evidence of its delivery in good condition and in accordance with the contracted Carriage; (f) World Courier is not a common carrier; (g) No one in the Courier Organization assumes any liability for any loss, expense, fine or penalty for any failure to comply with any Ex/Im Law, Customs Law or other applicable law or any obligation of the Shipping Parties in the Conditions; and (h) The Shipping Parties may suffer civil and criminal penalties, assessments and fines for making false or fraudulent statements in the respective Waybill or otherwise related to a Shipment or for violating any Ex/Im Laws, Customs Laws or other applicable laws.
14. Requirements for Claims. No claim with respect to a Shipment will be considered, unless the following requirements are met: (a) All Carriage charges for such Shipment have been paid without any claimed amount being deducted or set off from such charges, (b) World Courier receives written or electronic notice of claim at World Courier’s office within sixty (60) days after the date Shipper tenders the Shipment to the Courier Organization for Carriage, except where another applicable period is established under an applicable International Convention, Ex/IM Law or Customs Law, and (c) The notice referenced in the immediately preceding clause (b) describes the respective Shipment, the approximate date of the damage, loss or delay, if any apply, and details sufficient for World Courier to determine, with reasonable diligence, the amount of loss, if any, and applicability of any of the conditions set forth in Sections 11 through 15 of these Conditions of Carriage.
15. Statute of Limitations. Unless another applicable period is established under an applicable International Convention, Ex/IM Law or Customs Law, the Courier Organization shall be discharged from all liability for claims with respect to a Shipment if suit is not brought within two (2) years after the date Shipper tenders the Shipment to the Courier Organization for Carriage, except that a suit for overcharges with respect to a Shipment must be brought within one (1) year after the date Shipper tenders the Shipment to the Courier Organization for Carriage.
16. Certain Indemnifications. The Shipping Parties shall jointly and severally be liable for, and indemnify and hold harmless the Courier Organization for and against, any Indemnifiable Losses resulting from, or arising out of, any of the following: (a) any Shipping Party’s inaccurate representation or breach of any of its warranties or obligations in the Conditions, and/or (b) any and all actions, claims, costs and demands by any Shipping Party, any government or agency or subdivision thereof, or any third party relating to any and all Shipments tendered for Carriage. For purposes of this Section 16, the term “Indemnifiable Losses” means any and all injury, losses, expenses, demands, claims, actions, causes of action, judgments, assessments, damages, amounts paid in settlement of actions or claims, obligations, recoveries, deficiencies, liabilities, fines, penalties, costs and fees, including, but not limited to court costs and reasonable attorneys’ fees and expenses.
17. Equivalent Sums. Sums stated in United States currency may be deemed to be stated in an equivalent sum in the currency of the country where the respective Shipment originates, except where otherwise required by applicable law, rule, regulation or other legal requirement, in which case the sum stated in the required currency will apply. Conversion of Special Drawing Rights into national currencies and otherwise shall be made in accordance with the applicable International Convention.
18. Insurance. If any one in the Courier Organization is found liable in any way on account of loss, damage or delay of a Shipment, or of any other failure to perform obligations under the Conditions, the Courier Organization shall have full benefit of any and all insurance that may have been effected on or on account of the Shipment to the extent that the related insurance policies and contracts are not voided.
19. Entire Agreement; Amendments. With respect to each Shipment, the Conditions constitute the entire Agreement between World Courier and the Shipping Parties. No employee or agent of the Courier Organization has authority to modify or waive any term or condition in the Conditions on behalf of any one in the Courier Organization. If there is a conflict between these Conditions of Carriage and a Waybill, these Conditions of Carriage control. All Waybills are non-negotiable.
20. Severability. Liability disclaimers in the Conditions are severable. If any liability disclaimer in the Conditions is legally unenforceable, the general liability limitation contained in Section 11(c) shall apply. In any event, if any provision in the Conditions is held or deemed to be entirely or partly invalid or unenforceable by a court of competent jurisdiction, the Conditions will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms of the Conditions.
21. Descriptive Headings. The descriptive headings of the several Sections or Paragraphs in the Conditions are inserted for convenience only and do not constitute a part of the Conditions.
22. Applicable Law. Claims with respect to a Shipment or otherwise arising under the Conditions (“Litigation Claims”) shall be determined in accordance with the laws of the country in which said Shipment originates, except its conflicts of laws provisions. Notwithstanding the foregoing, Litigation Claims brought in the United States shall be determined exclusively in accordance with the laws of the State of New York, United States, except its conflicts of laws provisions, and brought in courts in said State.
23. SAFETY Act Waiver. Each of the Courier Organization and the Shipping Parties hereby: (a) mutually waive and release each other from any and all liabilities relating to any claims for losses or damages of any kind (including, without limitation, business interruption losses) arising out of an “act of terrorism” (an “Act of Terrorism”), as such term is defined by the Support Anti-Terrorism By Fostering Technologies Act of 2002 and the regulations promulgated thereunder (the “SAFETY Act”); and (b) further agree to be solely responsible to the full extent of any and all losses or damages they or their respective employees, officers or agents may sustain resulting from an Act of Terrorism when any “qualified anti-terrorism technology”, as such term is defined by the SAFETY Act (a “Qualified Anti-Terrorism Technology”), has been deployed in defense against, response to, or recovery from such Act of Terrorism. It is understood, however, that nothing in this Section 23 shall be deemed to limit the scope or extent of the Shipping Parties’ obligations to the Courier Organization under Section 16 hereof. For purposes of this Section 23, the term “Qualified Anti-Terrorism Technology” includes, without limitation, certified cargo screening facilities and any associated services offered by the Courier Organization.