Terms & Conditions
- These terms and conditions (“terms”) set out the basis on which ICCS Express will transport packages, documents and envelopes (“packages”). These terms are supplemented by the current applicable ICCS Service and Tariff Guides.
- In these terms, “Waybill” shall mean a single ICCS waybill/consignment note or the entries recorded against the same date, address and service level on a pick-up record.
All packages covered under a Waybill shall be considered
- Unacceptable shipment 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 Organization), any applicable government department or other relevant organization;
- No customs declaration is made when required by applicable customs regulations;
- It contains counterfeit goods, animals, bullion, currency, banderols/ tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/ drugs),
- It contains any other item which ICCS decides cannot be carried safely or legally, or
- Its packaging is defective or inadequate.
- Deliveries and Undeliverable
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper Shipments to addresses with a central receiving area will be delivered to that area. If the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, ICCS 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 ICCS 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.
ICCS has the right to open and inspect a shipment without notice
- Shipment charges and billing
ICCS’s shipment charges are calculated according to the higher of actual or volumetric weight and any shipment may be re-weighted and re-measured by ICCS to confirm this calculation. Shipper shall pay or reimburse ICCS for all shipment charges, ancillary charges, duties and taxes owed for services provided by ICCS or incurred by ICCS 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 above.
- ICCS express liability
ICCS’S other types of loss or damage are excluded (including but not limited to lose 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 ICCS’s attention before or after acceptance of the shipment. If a shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. ICCS’s liability in respect of any one shipment transported, without prejudice to sections below, is limited to its actual cash value and shall not exceed:
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
- Time Limits for Claims
All claims must be submitted in writing to ICCS within thirty (30) days
- Delayed Shipments and Money-Back Guarantee
ICCS will make every reasonable effort to deliver the shipment according to ICCS regular delivery schedules, but these schedules are not binding and do not form part of the contrast. ICCS is not liable for any damages or loss caused by delays. Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the shipment’s transport charges in some cases.
- Circumstances Beyond ICCS Control
ICCS is not liable for any loss or damage arising out of circumstances beyond ICCS control. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the shipment, even if known to ICCS; any act or omission by a person not employed or contracted by ICCS – e.g. shipper, Receiver, third party, customs or other government official; “Force majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
- International Conventions
If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal convention, or the Warsaw Convention as applicable, these conventions limit ICCS’s liability for loss or damage.
- Governing Law
Any dispute arising under or in any way connected with these terms and conditions shall be subject, for the benefit of ICCS, 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.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.