1. Contractual Agreement
These terms and conditions form the agreement between you, the sender (referred to as “you”), and J.C GRANTS LOGISTICS & TRAVEL By handing over the shipment to us, and by us receiving the shipment and your delivery instructions, you agree to comply with these terms. No one, including any employee or representative of J.C GRANTS LOGISTICS & TRAVEL, has the authority to modify or make exceptions to these terms without our written consent.
2. Definitions
– “Package”: This refers to any item that is suitable for delivery by us, including containers, envelopes, documents, or parcels.
– “Shipment”: This refers to all Packages submitted for delivery under a single Airway Bill, which is the receipt or document issued by us for transportation.
3. Agreement to Terms
By giving us your Shipment, you confirm that all details are accurate, and you agree, whether acting for yourself or as an agent for another person, to comply with all terms and conditions of this agreement, as well as any applicable tariffs. No party is authorized to alter or modify these terms, and any changes must be made in writing by us.
4. Items Not Accepted for Shipment
We do not accept certain items for shipping, including:
– Money or items easily convertible to money, such as cash, negotiable instruments (stocks, bonds), and jewellery.
– Mistakenly accepted items: Items that we accidentally accept that fall outside our allowed list.
– Restricted items: Items banned or restricted by international transportation organizations like IATA (International Air Transport Association) or ICAO (International Civil Aviation Organization).
– Unsafe or illegal items: Any items that we, in our judgment, cannot legally or safely transport.
You are responsible for ensuring that your shipment does not contain any prohibited or restricted items. We reserve the right to reject any shipment based on these restrictions or any safety or security concerns.
5. Your Obligations
– Accurate Documentation: You must ensure that each item in your shipment is accurately described in the related documents, and properly marked, packed, and addressed to ensure safe transportation.
– Shipping Costs: You agree to pay all shipping charges, including any duties, taxes, and additional fees if the receiver or any third party does not pay.
– Additional Charges: You will also be responsible for any extra charges resulting from incorrect cargo declarations, improper packing, addressing, or other issues caused by your actions, the recipient’s actions, or any interested party.
6. Payment Responsibility
Even if you provide an alternative payment method or instructions, you remain primarily responsible for all reasonable charges related to the shipment, including:
– Customs duties, taxes, and surcharges.
– Legal costs and penalties we incur.
– Shipping or warehousing costs while awaiting shipment or delivery.
If the recipient or any third party does not pay, you will be held responsible for these costs.
7. Delayed Shipments
While we strive to meet scheduled delivery times, we are not liable for delays caused by unforeseen circumstances, such as:
– Acts of God: Natural disasters like storms, floods, etc.
– War and Civil Disturbance: Hostilities, riots, or civil unrest, bio-warfare.
– Criminal Acts: Malicious actions or negligence by third parties.
– Industrial Action: Strikes, labour disputes, or traffic disruptions.
– Severe Weather: Inclement weather affecting transport.
– Fire, Lightning, Explosion: Unexpected events causing delays.
– Legal Seizures: Goods being held under legal authority.
– Your Acts: Any default, omission, or action on your part or by anyone with an interest in the shipment.
– Improper Packing: Insufficient or improper packaging or labelling of the shipment.
– Recipient Issues: If the recipient is unavailable or refuses to accept the shipment.
8. No Warranties
We do not make any express or implied warranties regarding the shipment, including but not limited to its condition, delivery time, or any other aspect.
9. Limitation of Liability
Our liability for any loss or damage to your shipment is limited to:
– The declared value of the shipment (if applicable).
– If you are not the owner, the liability is limited to your responsibility to the owner.
– In any case, our maximum liability is J$5,000 per shipment or J$1,000 per kilogram, whichever is greater.
10. Declared Value & Limits
You must declare a value for your shipment. If you do not, the maximum declared value allowed is J$5,000 per shipment or J$1,000 per kilogram.
– To cover a value above this limit, you must enter into a separate agreement with J.C GRANTS LOGISTICS & TRAVEL and pay additional charges for that coverage.
11. Liabilities Not Assumed
(a) Limited Liability: We are not responsible for any loss or damage exceeding the limits described in Clause 9, including consequential losses like income or profit.
(b) Prohibited Items: We are not liable for loss or damage to prohibited items, such as money or items specified in Clause 4.
(c) Your Actions: We are not liable for loss or damage caused by improper packing, labelling, incorrect declarations, or violations of this agreement by you or the recipient.
(d) Force Majeure: We are not liable for damage, loss, delay, or mis-delivery caused by circumstances beyond our control, including natural disasters, strikes, or governmental actions.
12. Shipment Routing
We reserve the right to transport your shipment by any route at our discretion.
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13. Indemnity
You agree to indemnify J.C GRANTS LOGISTICS & TRAVEL against any claims or costs arising from actions beyond our legal responsibility, as outlined in these terms.
14. Claims for Loss, Damage, or Delay
– Time Limits: Any claim for loss or damage must be submitted in writing within three (3) months from the delivery date or the date the shipment should have been delivered.
– Claim Documentation: Claims must be submitted with full documentation, including all relevant information, within 60 days of notifying us of the claim.
– Shipment Inspection: If the recipient accepts the shipment without noting damage, we will assume it was delivered in good condition. If there is damage, the shipment’s contents, original packaging, and boxes must be available for inspection.
15. Right to Inspect
We reserve the right to open and inspect your shipment, either by our request or by request from relevant authorities, at any time.
16. Customs Clearance
You agree to allow us to act as the consignee for customs clearance purposes. It is your responsibility to provide the necessary documents required for customs clearance.
17. Letter of Instruction
If you fail to complete the required documents or provide incorrect documentation, you authorize us to complete or correct these documents on your behalf, at your expense. However, we are not obligated to do so. Any actions we take on your behalf will not make us liable for any issues arising from such actions.
18. Disposal of Uncollected Shipments
If the shipment is not collected within three (3) months of our notification that it has arrived, we reserve the right to dispose of it. You agree to indemnify us against any claims arising from such actions.
19. Mandatory Law
If any part of this agreement conflicts with applicable laws or regulations, that part will remain in effect to the extent that it is not overridden by those laws. The rest of this agreement will continue to apply.
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