TERMS AND CONDITIONS OF CARRIAGE
ICE TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES The Terms and Conditions below are a shortened version of our full Terms and Conditions, which apply on all carriage, or, as the case may be, the performance of other services, by us. |
1. DEFINITIONSThe following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us. |
2. THE PARTY WITH WHOM YOU ARE CONTRACTINGYour contract of carriage and of other services with ICExpress company or holding companies or affiliate of ICExpress that accepts from you the shipment for carriage, or as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide. |
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONSBy giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only one of our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions. |
4. SCOPE OF THE CONTRACTa) Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract. |
5. DANGEROUS GOODS / SECURITY5.1 Dangerous Goods |
6. RIGHT TO INSPECTIONYou agree that we or any governmental authority including customs may open and inspect your shipment at any time. |
7. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTSWeekend days, public holidays and bank holidays together with delays caused by customs or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion. |
8. CUSTOMS CLEARANCE8.1 You hereby appoint us as your agent solely for the purpose of clearing and entering the shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries if we subcontract this work. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense. |
9. INCORRECT ADDRESS AND P.O. BOX NUMBERSIf we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply if the correct address is different to the one shown on the consignment note or the label affixed to your shipment. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the holding companies or affiliate of ICExpress that accepts your shipment for carriage) and further provided that the (landline) telephone number of the consignee is provided and that in the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery. |
10. UNDELIVERABLE AND REJECTED SHIPMENTSWhere we are unable to complete the delivery of a shipment we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after one more attempt by us or the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your instructions within 30 days after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you. |
11. YOUR OBLIGATIONYou warrant, represent and guarantee to us that: |
12. EXTENT OF OUR LIABILITY12.1 Subject to condition 13 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows: |
13. EXCLUSIONS13.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default. |
14. VALUABLE GOODSValuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transshipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery systems it shall be at your own risk. |
15. INSURANCEPlease note that in terms of our standard terms and conditions, goods are moved at owners risk unless insurance is activated.Due to the risk or damage to the shipments we advise you to purchase insurance cover for the full value of the consignment through your own insurance or through pre-arranged insurance negotiated by us. |
16. CLAIMS BROUGHT BY THIRD PARTIESYou undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it. |
17. CLAIMS PROCEDUREIf you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim: |
18. RATES AND PAYMENTYou agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes thereon within 7 days from the date of our invoice. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of invoice. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume of items you agree that the weight and/or the number of items that we determine may be used for the purpose of our calculation. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid. You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the European Central Bank base rate. You agree to pay our reasonable and proper cost of collection of invoices not paid within 7 days from the invoice date. |
19. YOUR INDEMNITY IN RESPECT OF EMPLOYEESYou agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any employee or former employee of yours or of any supplier or former supplier to you or of any third party which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation. |
20. LAW AND JURISDICTION20.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force. |