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 FOR HARD
GOODS, AND (II) CDN$4.41 PER KILOGRAM FOR
DOCUMENTS, 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
2355
32nd Avenue
Lachine, Quebec
H8T 3G9
Tel: 1
(888) ICS TRAX
(1-888-427-8729
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| ICS Courier NEXT DAY™ TERMS AND CONDITIONS | ||||||
| ICS Courier Ground™ TERMS AND CONDITIONS | ||||||
| ICS Courier EVERYDAY ECONOMICS™ TERMS AND CONDITIONS | ||||||
| ICS Courier WORLDWIDE™ TERMS AND CONDITIONS | ||||||
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