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General Terms and Conditions of Carriage
In addition to the General Terms and Conditions of Carriage, the following provisions shall govern courier services provided under ICS Courier WorldwideTM and shall constitute a binding agreement between ICS Courier and the Shipper, the Consignee and any other person who may have an interest in the shipment, and shall protect any agent with whom ICS Courier may contract to transport or deliver the shipment. In the event of a conflict between the General Terms and Conditions of Carriage and those specified herein, those specified herein shall govern. 1.
The
Shipper appoints ICS Courier as its agent to conduct customs clearance and
entry and certifies ICS Courier as Consignees solely for the purpose of
designating a Custom Broker to perform Customs clearance and entry.
2.
If an
ICS Courier Worldwide™ shipment is undeliverable for any reason, ICS
Courier will contact that Shipper at the telephone number provided on the
Waybill, who will be given the option of either (i) having the shipment
aborted and destroyed, or (ii) paying the return shipping costs to have
the shipment returned to its original pick-up point, which may be equal to
or greater than the cost of the original shipment. Where an ICS Courier
Worldwide™ shipment is governed by the Convention, ICS Courier and its
agents’ joint and several liability for any loss or damage to the shipment
suffered by any or all of the Shipper, the Consignee and any other person
who may have an interest in the shipment, shall not exceed the lesser of
the declared value of the shipment and $150.00(Canadian).
3.
ICS
Courier will make every reasonable effort to deliver shipments according
to our regular delivery schedules, but these schedules are not guaranteed
and do not form part of this agreement. ICS Courier shall not be liable
for any delays, including any delays caused by its negligence or
otherwise. 4.
In the
event that the Shipper has agreed to pay the extended liability coverage
of $10.00, should the shipment be lost or damaged, ICS Courier and its
agents’ total liability for such loss or damage shall be increased to the
declared value, up to a maximum of $1,000.00. Extended liability coverage
shall not be available for any delay in delivery, nor shall it cover any
loss or damage associated with the shipment of documents, currency,
negotiable instruments or bills of exchange, regardless of the declared
value. In no circumstances shall ICS Courier be liable for any loss,
damage or delay in circumstances where the sections entitled “Exception to
Liability” or “At Shipper’s Risk” of the General Terms and Conditions of
Carriage apply. 5.
Collect
Shipments, NSR (No Signature Required) shipments and third-party billing
services are not available with the ICS Courier Worldwide™.
6. ICS Courier may amend, replace, add to or otherwise alter (in all cases, an “amendment”) these terms and conditions of carriage, the General Terms and Conditions of Carriage, and the applicable Rate Schedule and Schedule of Additional Charges at any time or from time to time, upon posting notice of such amendment, together with the amended form, on its website which may currently be accessed at www.ics-canada.net. All such amendments shall be effective the latter of 30 days following such posting or such later date as ICS Courier may determine. The Shipper, Consignee and any other person who may have an interest in any shipment shall be bound by the relevant terms and schedules in place at the time that the shipment originates. Nothing herein shall be interpreted to mean that any agent, servant or representative of ICS Courier has the authority to alter, modify or waive any applicable terms or conditions or schedules.
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