STANDARD CONDITIONS OF CARRIAGE
Important Advice to Customers
By the Conditions set out below, DELTEC INTERNATIONAL COURIER LIMITED (DELTEC, DELTEC Courier), its servants and agents are not to be liable at all for certain losses and damage and if they are to be limited to the amount stated. Customers are liable the amount of liability is in all circumstances in any areas in which liability and fault are not clearly accepted by DELTEC.
1. Any business undertaken by DELTEC is carried out subject to the conditions herein after set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between DELTEC and a customer. DELTEC shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of DELTEC by a competent officer thereof. In the absence of any such written agreement to the contrary these conditions shall constitute the entire agreement between DELTEC and each of its customers.
2. DELTEC is not a common carrier and will only carry documents or goods subject to these conditions which can only be altered in accordance with Clause 1 above. DELTEC reserves the right to refuse the carriage or transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of document or goods at its absolute discretion.
3. DELTEC undertakes subjects to payment in accordance with rates notified to the customer from time to time to carry the customers documents or goods between destinations agreed between DELTEC and the customers. DELTEC reserves the right to carry the customers documents or goods by any route and procedure and by successive carriers and according to its handling, storage and transportation methods.
4. DELTEC will notify customers from time to time of any materials which are not acceptable by DELTEC for carriage (and in this regard see Clause 12). DELTEC reserves the right to inspect the documents consigned by its customers to ensure that all documents or goods are capable of carriage to the countries of destination within the standard operating procedures, customs declaration and handling methods of DELTEC. In making this reservation DELTEC does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through, which the item may be carried.
5. Any rates quoted by DELTEC for carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, imposts, deposits or outlays incurred in respect of carriage of the customers documents or goods. The customer shall always remain liable to DELTEC for all carriage charges and customs duty payable, notwithstanding any request by the customer that these costs be invoiced to the receiver. DELTEC will not be liable for any penalties imposed or loss or damage incurred due to the customers documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies DELTEC against any such penalty or loss.
6. The packaging of the customers documents or goods for transportation is the customers responsibility including the placing of documents or goods in any container which my be supplied to the customers by DELTEC. DELTEC accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment or documents to enable effective delivery to be made. DELTEC shall not be liable for delay in forwarding or delivery resulting from customers failure to comply with its obligations in this respect.
7. The customer is liable for all losses, damages and expenses arising as a result of its failures to comply with its obligations under this Agreement or as a result of its negligence.
8. DELTEC will only carry documents or goods which are the property of the customer and the customer warrants that it is authorised to accept and its accepting these conditions not only on behalf of itself but also as agent for and on behalf of all other persons who may hereafter become interested in the documents or goods. The customer hereby undertakes to indemnify DELTEC against any damages, costs and expenses resulting from any breach of this warranty.
9. DELTEC is responsible for the customs documents or goods whilst they are within its custody or control and shall be liable to Clause 10 hereof for loss sustained by the customer due to damage or loss of the documents or goods whilst in DELTEC‘S custody provided that such loss or damage was due to the negligence of DELTEC, its servants or its agents. Save as aforesaid DELTEC will be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however the same shall rise. The parties agree that the consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest and utility. DELTEC shall not be liable for any loss or damage incurred by the customer due to any delays in the carriage or delivery of goods which are beyond the control of DELTEC.
10. The liability of DELTEC under these conditions shall be limited to the payment by DELTEC by way of damages of a sum not exceeding US $100 or its equivalent, per consignment for documents or goods carried to or from destinations outside the boundaries of the United Kingdom. For documents or goods carried to or from anywhere wholly within the United Kingdom liability shall be 25.00. For the purpose of establishing the amount of DELTEC‘S liability under this clause the value of the document or the goods shall be ascertained by reference to their replacement or reconstitution value at the time and place of shipment without reference to the commercial utility to the customer and any other items of consequential loss.
11. Any claim brought by a customer against DELTEC hereunder in respect of duties and liabilities must be notified by the customer to an office of DELTEC in writing within 28 days of the day when the documents or goods should have reached their destination.
12. DELTEC will not carry (in addition to those items mentioned in clause 2 hereof) dangerous, hazardous, combustible or explosive materials, gold and silver bullion, platinum and other precious metals, precious and semi-precious stones including commercial, carbon or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed cashier’s cheques, money orders or travellers cheques, antiques, glass and glass like objects, pictures, livestock or plants and in the event that any customer should consign such items with DELTEC the customer shall indemnify DELTEC for all claims, damages and expenses arising in connection therewith and DELTEC shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon DELTEC having knowledge that such item infringes these conditions. The right of inspection referred to in Clause 4 shall also apply for the purposes of this clause.
13. DELTEC is not an air transport undertaking within the Warsaw Convention in 1929 and subsequent air carriage treaties and legislations. DELTEC acts as agent for its customers when consigning documents or goods with a particular airline for onward carriage and without prejudice to its general right of subjugation hereunder. DELTEC shall have the right to recover compensation from any airline for onward carriage and without prejudice to recover compensation from any airline for loss, damage or expense incurred by any customer on behalf of that customer.