12. Undelivered Goods. If, through no fault of ICS Courier, the shipment cannot be delivered, ICS Courier may return the shipment to the Shipper at the expense of the party being charged.

13. Delay. ICS Courier does not guarantee its delivery times, and shall not be liable for any loss or damages suffered as a result of the failure to deliver a shipment by a stipulated time of day, even if it is aware of such consequences when the shipment originates.

14. Exceptions from Liability. ICS Courier shall not be liable for any loss, damage or delay due to any circumstances beyond its control, including, without limitation, acts of God, public authorities acting with actual or apparent authority, riots, strikes or other labour disputes, civil commotion, and disruptions in the air or ground transportation network, a defect or inherent vice in the goods being shipped, an act or default of the Shipper, owner or Consignee, or any other similar event, circumstance, act or default.

15. Maximum Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BELOW OR UNLESS GOVERNED BY THE CONVENTION, IT IS AGREED AS A SPECIAL AGREEMENT WITH RESPECT TO ALL SHIPMENTS, AND NOTWITHSTANDING ANY DISCLOSURE OF THE NATURE OR VALUE OF THE GOODS BEING SHIPPED, THE AMOUNT OF ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING LOSS OF EARNINGS OR PROFITS, RESULTING IN ANY MANNER, WHETHER OR NOT FROM NEGLIGENCE OR GROSS NEGLIGENCE, FROM LOSS OF OR DAMAGE TO THE GOODS AND/OR MISDELIVERY, FAILURE TO DELIVER OR DELAY IN DELIVERY OF THE GOODS BIENG SHIPPED, FOR WHICH ICS COURIER SHALL BE LIABLE TO THE SHIPPER, CONSIGNOR, OWNER, AND ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE THE GREATER OF (I) THE VALUE OF THE GOODS BEING SHIPPED AT THE PLACE AND TIME THAT THE SHIPMENT IS MADE, UP TO CDN$100.00, AND (II) CDN$4.41 PER KILOGRAM, COMPUTED ON THE TOTAL WEIGHT OF THE SHIPMENT, BEING THE MAXIMUM LIABILITY OF ICS COURIER SERVICES SET OUT HEREIN.

16. Extended Liability. Extended Liability coverage is available for certain ICS Products at an additional charge.

17. Notice of Claim for Loss or Damage. ALL CLAIMS MUST BE MADE IN WRITING, WITHIN THE STRICT TIME LIMITS SET OUT HEREIN. EXCEPT IN CASES WHERE THE CONVENTION APPLIES. ICS Courier shall not be liable for any loss, damage or delay to any shipment unless notice thereof, setting out particulars of the origin, destination and date of shipment and the estimated amount claimed in respect of such loss, damage or delay is given in writing to ICS Courier within 60 days after delivery of the shipment, or, in the case of failure to make delivery, within 9 months from the date the shipment originated. The final statement of claim must be filed within 9 months of the date of shipment, together with a copy of all relevant documentation, including the paid Waybill. In the case of shipments where the Convention applies, written claims for loss or damage of the shipment must be received by ICS Courier within 30 days from the date the shipment was delivered, or in the case of damage or loss of any kind due to non-delivery or misdelivery, within 90 days of the date that the shipment originated. The right to damages of any kind against ICS Courier shall be extinguished unless an action is brought within 2 years from the earlier of the date on which the shipment should have been delivered, and the date on which carriage ceased.
All claims are to be submitted in writing to:
          ICS Courier
          Customer Service – Claims Department
          81 avenue Lindsay.
          Dorval Quebec H9P 2S6
          Tel: 1 (888) ICS TRAX (1-888-427-8729)
          Fax: 1-866-748-1029