AirCityPost LLC (the “Company”) accepts goods for carriage and other services subject to the Standard Terms and Conditions set out below (these “Conditions”).
No agent or employee of the Company is permitted to alter or vary these Conditions in any way unless he is expressly authorized to do so by the board of the Company.
The meaning of the Company does include only potential sub-contractors, agents and partners that on the sole discretion of the Company is chosen to produce and deliver products and services of the Company.
The Company reserves the rights to change the Conditions with 30 days notices in writing. The Company publishes the current controlled version of the Conditions at www.aircitypost.com.
In tendering consignments and/or parcels to the Company, the party sending (“Shipper”) agrees the version of the Company’s Conditions in effect at the time of shipping will apply to the shipment and its transportation unless otherwise provided in a written document signed by Shipper and the Company on paper (“Agreement”).
In these Conditions:
(a) “Customer” shall mean the person, firm or company that enters into a contract of carriage or other services with the Company.
(b) “Contract” shall mean the contract of carriage or other services between the Customer and the Company, which shall be deemed to be incorporated into these Conditions.
(c) “Agent” shall mean a person who acts on another’s behalf.
(d) “Consignment” shall mean goods contained in one Parcel or any number of separate Parcels or goods on a pallet or any number of pallets sent at one time in one load by or for the same Customer from one address or to one address.
(e) “Parcels” shall mean anything within the weight and dimension restrictions of the Company’s Product and Services.
(f) “Neighbor” shall mean a person who lives in a Residential Property within walking distance of the delivery address.
(g) “Residential Property” shall mean a property that is normally a private dwelling house and is not a business premises.
(h) “Saturn” shall mean an electronic device which, when used in conjunction with other equipment, is capable of receiving and storing customer signatures.
(i) “Dangerous Goods” means goods according to ICAO regulations and included in the list of Dangerous Goods as defined in the Carriage of Dangerous Goods & Use of Transportable Pressure Equipment Regulations 2007, the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002, the Classification and Labeling of Explosives Regulations 1983 (as amended), including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard.
(j) “Sub-Contractor” shall mean other transportation or parcel delivery companies that the Company will use to execute parts of the overall Products and Services.
(a) The Company agrees, subject to the Customer’s observance at all times of these Conditions, to carry Consignments agreed upon by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed upon by the Company and the Customer.
(b) The Company is not a common carrier and will accept goods for carriage only on these Conditions.
(c) These Conditions shall solely apply to any agreement between the Company and the Customer relating to carriage or other services and the Customer shall be deemed to have notice of these Conditions if and as soon as the Customer places an order with, or accepts tender, from the Company for the carriage of goods or other services.
(d) The Company reserves the right, at its discretion, to inspect all Consignments to ensure that such Consignments are compatible with the Company’s network and are capable of carriage to the country of destination within the Company’s standard procedures, customs, declarations and handling methods and in compliance with all laws.
PARTIES AND SUB-CONTRACTING
(a) Where the Customer is not the owner of some or all of the goods stored or carried he shall be deemed for all purposes to be the Agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorized Agent also.
(b) The Company may employ any other carrier or warehouseman to fulfill the Contract. Any such carrier shall have the power to sub-contract and these Conditions shall apply to such carriers on like terms.
(a) The Customer warrants that all goods have been properly and sufficiently packaged and labeled and that the labeling shall include the full postcode for both the consignor and consignee.
(b) The Customer irrevocably warrants that all plant, power or labor, other than the Company’s driver, is available for loading and unloading any Consignment at any collection or delivery point specified by the Customer sender or receiver, and the Customer will be liable for and indemnify the Company for any loss, damage or liability arising from a breach of this warranty in accordance with Clause 12 should it not be fulfilled.
RECEIPT OF PARCELS AND SHIPPING LABELS
The Company shall, if so required, sign a manifest for the receipt of the consolidated shipment, but will only make the final check of receipt of the individual parcels at arrival in the US based on a scan by the last mile carrier in the USA. The manifest (document) prepared by the Customer, acknowledging receipt of the Consignment or goods for other services, but no such document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the shipment at the time it is received by the Company.
The Customer will ensure that each parcel will have the correct last mile delivery partners shipping label.
TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS
(a) Transit shall commence when the consolidated shipment is handed to the Company whether at the point of collection or at the Company’s premises. The Company is entitled to convey goods by any means of conveyance and by any route whatsoever, as long as the service specification is meant by the Company.
(b) Subject to Clause 6(e), transit shall (unless otherwise previously determined) end when the parcels within the consolidated shipment is offered for delivery at the usual place of delivery at the consignee’s address within the customary delivery hours of the district; PROVIDED THAT, when for any other reason whatsoever a parcel is held by the Company “to await order” or “to be kept until called for” or upon any like instructions and such instructions are not given, or the parcel is not called for and removed within a reasonable time, then transit shall be deemed to end. The Company shall store such parcel subject to all goods being solely at the Customer’s risk and subject to disposal in accordance with Clause 13.
(c) Subject to Clause 6(e), where, for any reason whatsoever the Company is unable to convey the parcel to the address to which it is consigned, or to effect delivery at the said address:
(i) the Company shall endeavor to communicate with the Customer and request a new address to which the parcel can be delivered in the country in which the parcel is then lying;
(ii) if the Company is unable to communicate with the Customer within a reasonable time, or if the Customer does not provide it with a new address for delivery within a reasonable time, the Company shall be at liberty to deal with the goods in accordance with Clause 13 Prior to any disposal or destruction in accordance with Clause 13 the goods shall be held solely at the risk of the Customer.
(d) The decision as to what constitutes a reasonable time under Clause 6(c) to be entirely at the discretion of the Company.
(e) Unless the Customer notifies the Company in writing otherwise and such notice is formally acknowledged in writing by the Company, the Company shall be entitled to deliver the Consignment to a Neighbor of the consignee within the customary delivery hours of the district and, for the purposes of Clause 6(b), transit shall be deemed to have ended at the time of delivery to such neighbor.
(f) Any timescales for delivery given by the Company through its ‘Estimated Time of Arrival’ (‘ETA’) service on its web tracking pages are estimates only and, if the Company is unable for any reason to fulfill any delivery within any specified ETA, the Company shall not be deemed to be in breach of the Contract or have any liability to the Customer.
LIABILITY FOR LOSS AND DAMAGE
Subject to the provisions of this clause and of clauses 4, 8, and 10, the Company shall be liable for any physical loss of, or physical damage to, goods during transit as defined in Clause 7, and storage other than storage under clause 6(c)(ii), except to the extent that such loss or damage has arisen from or consists of:
(a) the Customer or consignee not taking or accepting delivery within a reasonable time;
(b) insufficient or improper packing, labeling or addressing, including incorrect or missing postcode information;
(c) damage or breakage of articles of, or for that part of any articles that comprises of china, glass, porcelain, earthenware or other similar materials;
(d) consolidated shipment containing any form of liquid;
(e) act or omission of the Customer or owner of the goods or of the servants or agents of either;
(f) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(g) Act of God.
(h) seizure under legal process.
(i) any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labor from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionizing radiations or contamination by radioactivity.
Provided that the Company shall not be under any liability of any kind for a Consignment or other goods:
(i) where there has been fraud by the Customer or the owner of the goods or the servants or agents of either; or
(ii) for the avoidance of doubt, where the Consignment was not in transit (as defined in clause 6) at the time of the loss.
LIMITATIONS AND EXCLUSION OF LIABILITY
(A) Subject to Clauses 4, 8, 10 and 11 hereof, the Company’s liability (whether in contract, tort, and negligence or otherwise) for the loss of or damage to any goods shall be limited to the following:
(a) For goods carried from any of the Company’s International Freight Depot (IFD) to the Companies Container Freight Stations in US:
(i) If carriage by road, the provisions of the UN Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of July 5th 1978 Geneva (for full version of the CMR, refer to http://www.jus.uio.no/lm/un.cmr.road.carriage.contract.convention.1956/d...), apply, or;
(ii) If carriage by air, up to US$20/kg, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, operates.
(B) For goods held in storage or for other services the Company’s liability shall not exceed a total $0.10 per kilo gross weight lost or damaged, with a maximum liability of $1000. If no weight is declared then our maximum liability will be equal to one ton.
(i) For the replacement cost of lost or damaged goods, or
(ii) for the repair cost of such damaged goods, whether such loss or damage was due to the fault or negligence of the Company or otherwise, the Company shall be entitled to require proof of value of goods lost or damaged.
(iii) For goods arrived in our Container Freight Stations in US and handed over for carriage within US, the general terms and conditions of carriage will apply from the carrier, see clause 16 for mail and parcel services.
(C) Notwithstanding Sub-Clause (A) above, the Company shall, in no circumstances whatsoever, (unless required under CMR or Warsaw Convention), including negligence, nuisance, breach of contract or non-performance by the Company, be liable to the Customer for:
(a) any indirect or consequential loss or damage of any kind (including, without limitation, loss of business and loss of goodwill), or for any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
D. Warranty Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF CARRIAGE, ALL PRODUCTS AND SERVICES AND PERFORMANCE BY THE COMPANY ARE PROVIDED "AS IS" WITHOUT WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED AND THE COMPANY MAKES NO WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
E. MAXIMUM LIABILITY OF THE COMPANY, AND ITS EMPLOYEES, AGENTS,
SUBCONTRACTORS, AND AFFILIATES TO SHIPPER, RECEPIENT AND ANY OTHER PARTY ARISING OUT OF OR RELATED TO THESE TERMS OF CARRIAGE, THE AGREEMENTS, THE SERVICES OR ANY FAILURE OR BREACH BY THE COMPANY OR ITS EMPLOYEES, AGENTS, SUBCONTRACTORS OR AFFILIATES SHALL NOT EXCEED THE ACTUAL VALUE OF THE PACKAGE INVOLVED UP TO BUT NOT IN EXCESS OF TEN DOLLARS (US$10.00) PER PACKAGE. THE COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE CLAIM IF SHIPPER DOES NOT DELIVER NOTICE OF THE LOSS OR DAMAGE TO THE COMPANY WITHIN 30 DAYS OF THE OCCURRENCE OF THE LOSS OR DAMAGE.
F. THE COMPANY SHALL NOT BE LIABLE TO SHIPPER OR THE RECEPIENT OR ANY OTHER PARTY FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR CUSTOMER GOODWILL IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER. THE COMPANY SHALL NOT BE LIABLE FOR DIRECT DAMAGES IN ANY AMOUNTS THAT EXCEED THE AMOUNTS PAID TO THE COMPANY DURING THE LAST TWELVE (12) MONTHS PRIOR TO THE CLAIM BEING MADE TO THE COMPANY.
CLAIMS FOR COMPENSATION
The Customer must notify the Company of any loss or damage giving rise to a claim within 30 days of the date of dispatch of such loss or damage and confirm it by notice in writing within 40 days of the date of dispatch otherwise then on a delivery receipt. If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that:
(a) it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and
(b) such advice or claim was made within a reasonable time; the Company shall not have the benefit of exclusion of liability afforded by this clause. In the event of a claim for damage, the Customer/Consignor/Consignee must ensure that the parcel and its packaging is held for inspection at the delivery point.
(c) Labor is excluded from repairs.
The Customer shall indemnify the Company against:
(a) losses suffered by the Company arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, consignor or consignee, its servants or agents;
(b) claims of any nature for loss or damage resulting from the carriage of Dangerous Goods;
(c) claims and demands of any nature in respect of loss of or damage to the goods made by the Customer and/or any third party additional to or in excess of the limits of liability of the Company set out in these Conditions;
(d) any claims made or penalties imposed by a Government Authority such as, but not limited to; Her Majesty’s Revenue and Customs, US Customs, Homeland Security, and/or the Commissioners of Customs and Excise in respect of dutiable goods;
(e) claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions.
The Customer shall follow the below when filing claims;
(a) all claims must be filed by the party invoiced for each package
(b) claims against ACP must be filed within strict time limits as set forth in:
i. invoice adjustments or billing disputes (see service agreement)
ii. Section 13a. Time Limit For Filing Claims For Loss or Damage to Property
iii. Section 10 pursuant to the ACP Service credit
(c) all claims for loss of or damage to packages transported or accepted for transportation must: 1) be in writing (or an electronic communication) and must include reference to the source document or pickup record number and date of shipment or copies of other documents sufficient to identify the package involved, and the declared value; 2) assert the liability of ACP for alleged loss or damage; 3) make claim for payment of a specified or determinable amount of money; and 4) be accompanied by a copy of the original invoice or if no invoice was issued, other proof, certified to in writing, as to the purchase price paid by the consignee, actual cost or replacement cost of the property or extend of the damage to the property.
EXTENSION OF PROTECTION TO EMPLOYEES AND AGENTS
The Customer acknowledges and agrees that the provisions of Clauses 4, 8, 9, 10, and 11 shall extend to protect and indemnify the employees and agents of the Company and that such provisions have been entered into and shall be enforceable by the Company for itself and as trustee or agent for such employees and agents.
LIENS AND DISPOSAL OF GOODS
(a) The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same.
(b) If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of transit as defined in Clause 6 the Company shall be at full liberty to:
(i) sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or
(ii) destroy the goods if any sale under sub-clause (i) is impractical in the opinion of the Company due to the value or salability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods.
The Customer shall be liable to the Company for the costs incurred by the Company by reason of the Customer’s unreasonable detention of vehicles, containers, sheets, pallets and like equipment, but the Company’s rights against any other person shall remain unaffected.
The Company shall be relieved of its obligation to perform the Contract to the extent that performance thereof is prevented or delayed by fire, severe weather conditions, industrial dispute, labor disturbance, delay by any government or public or local authority, including the customs of any country where the goods are carried and other causes beyond the reasonable control of the Company and for the avoidance of any doubt the Company’s charges shall be payable in full in such circumstances, without prejudice to the Company’s rights at common law to treat the Contract as frustrated.
US MAIL AND PARCEL SERVICES
The Company shall be relieved of its obligation to perform the Contract to the extent of the performance thereof:
- Shipment Preparation
A. Definition of a Package or Parcel: The term “Package”, “Parcel” and “package”, “parcel” as used herein means any single container and its contents, and includes without limitation Envelopes.
B. Packaging: It is the responsibility of the Shipper (Customer) to ensure that proper packaging is used and those contents of packages are adequately and securely packed, wrapped, and cushioned for transportation and properly addressed to the recipient designated by Shipper (“Recipient”). When shipping certain electronic media containing sensitive personal information (such as personal, financial or health information), it is recommended that the Shipper retains a copy of the data and secures the data on the electronic media through encryption or other technological means. The Company does not provide special handling for packages with “Fragile,” package orientation (e.g., “UP” arrows or “This End Up” markings), or any other similar such markings.
C. Commodities Handled and Restrictions on Service: The Company holds itself out to transport general commodities and documents, as usually defined, and subject to the following dimensional restrictions:
i. Envelopes: Flats (“Envelopes”):
Length 11 ½ inches 15 inches
Height 6 1/8 inches 12 inches
Thickness ¼ inches ¾ inches
Length + girth combined cannot exceed 130 inches. Where length is the longest side of the package and girth is the measurement around the thickest part (perpendicular to the length).
- Requirements for Flat Address Placement
A. The Requirements for Flat Address Placement apply to all periodicals, standard mail and package services flats.
B. Delivery address must be in top half of the mail piece and must follow the characteristic standards as required by postal operators.
C. Further applicable requirement specifics are available to the Shipper upon request.
- Requirements for “Update Standards”
In an effort to reduce undeliverable-as-addressed (UAA) mail, the Company expects its Customers to have a minimum frequency of updating addresses at least 95 days prior to the date of mailing. For example, a mailing entered on Nov. 23rd must bear addresses that were updated no earlier than Aug. 20th.
- Right of Inspection
The Company reserves the right in its sole discretion to open and inspect any package tendered to it for transportation, but is not required to do so.
- Refusal of Service
The Company reserves the right to refuse to provide service, among other reasons, for any package which by reason of the dangerous or other character of its contents may, in the sole judgment of the Company, soil, taint or otherwise damage other packages or the Company’s equipment, or which is improperly or insecurely packed or wrapped.
- Definition of Delivery
All Delivery is performed by the Company according to the Company or their sub-contractors policy and procedures (“Delivery”). Delivery for all purposes shall be deemed to include, but not be limited to: delivery to the consignee or the consignee’s actual or apparent agent or representative, delivery to the address or location specified, delivery to any person present at the address or location specified, delivery to a reasonable alternate address or location as per postal standard delivery practices, delivery in accordance with trade custom or usage per postal practices. The Company does not limit delivery of a package to the person specified as the consignee.
- Undeliverable and Refused delivery
A. Unless other business rules are requested by Shipper; all shipments with an address that cannot be verified against the Company’s address database will be changed to First Class or Priority Mail as weight dictates.
B. Shipments for which the address including zip code cannot be verified will be returned to the Company International Freight Terminal for verification and potential return.
C. Ancillary Service Endorsement is a mailer endorsement used to instruct the Postal Service regarding the mail piece’s appropriate disposition upon determining that it is undeliverable. The following endorsements may be used: Return Service Requested, Forward Service Requested, Address Service Requested and Change Service Requested. The Company reserves the right to add or change the Ancillary Service Endorsement based on applicable postal regulations. The Shipper shall pay for any and all applicable Postage due as a result of any Ancillary Service Endorsement as described in the Company Domestic Mail Manual.
D. Failure to update undeliverable addresses in a timely manner or the submission of a large number of undeliverable addresses may result in additional fees as assessed by the Company. Refused mail will be returned based upon Shipper’s ancillary endorsement.
- Force Majeure
The Company shall not be liable towards their Customers nor deemed to have violated this Agreement because of any delay in the performance or any defect in the performance of any obligation of the Company under this Agreement, if such delay or defect was due to any cause or reason falling beyond the Company’s reasonable control within the territory, unless such delay or defect results from the lack of precaution on the part of the Company. Notwithstanding the generality of the above, the following events of force major shall be regarded as caused beyond the Company’s reasonable control:
- Weather conditions, explosion, flood, storm or fire;
- War or threat of war, sabotage, civil insurrection or requisition;
- Laws, restrictions, regulations, statutes, prohibition orders or measures of any kind whatsoever from any governmental, parliamentary or local authority;
- Import and export regulations or embargos, or
- Strikes, lockouts or other industrial actions or trade disputes in which the Company or their sub-contractors employees are involved.
- Shipment Guidelines
Shipper and Recipient may not resell the Services or Rates, or allow the Services or Rates to be used by another party other than as set forth in these Terms of Carriage or in a signed Agreement. Shipper shall not use the Services in any manner that violates the Company's list of unacceptable items for transport, or that violates any statute, law, rule or regulation promulgated by any state, nation or country or any agency thereof, or breaches any regulations as to air and ground carriage applying domestically or internationally. Shipper’s shipments are subject to aviation security controls and applicable government regulations. The Company has the right to open and inspect a shipment without prior notice to Shipper or Recipient. Shipper and Recipient agree to all routing and diversion, including the possibility that a package may be carried via intermediate stopping places that the Company deems appropriate.
- Termination of Services
The Company may modify, terminate or suspend the Services at any time without notice. Either party may terminate these Terms of Carriage immediately upon the insolvency or bankruptcy of the other party, or if the other Party has a receiver or trustee appointed over any of its assets.