CONDITION ONE: Receipt and Freight:
Received (the "Parcel") on the date specified from the sender mentioned herein, consigned and destined herein, which the carrier agrees to carry and to deliver to the receiver at the said destination subject to the rates and classifications on the date of shipment. Freight charges are prepaid.
CONDITION TWO: Limitation of Liability:
(a) Carrier shall not be liable for any loss, damage, destruction or delay in delivery of the Goods arising from the following causes: (i) acts of God, the Queen's or public enemies, riots, strikes, authority of law, nuclear reaction, radioactive contamination; (ii) floods, extreme weather conditions;
(iii) changes in the laws and regulations of the country of destination which may result in delays in the delivery of the Parcel;
(iv) improper, incorrect or incomplete addresses as set out by the sender or the fact that the receiver no longer resides or is away from the address provided by the sender;
(v) under no circumstances will Meest, its agents, associates or employees be liable to you, your heirs assigns or successors for material and/or moral damage inflicted to you,
your heirs or recipient resulting from the failure to deliver in timely fashion and full or partial loss of parcel or cargo except for provisions described herein and within the
insured amount of the item on the order form;
(b) Carrier shall not be responsible for estimated dates of delivery of the Parcel in case of:
(i) extreme weather conditions i.e. floods, snow falls, slippery roads or any other events beyond the control of the sender making it impossible for transport to pass;
(ii) sudden changes in the custom laws and regulations of the country of destination that leads to the delay or impossibility of delivery;
(iii) the closing of roads by the governmental regulators of the country of destination;
(iv) an incorrect or incomplete address provided by the sender or the absence of receiver at the time that the Parcel is being delivered.
(c) The amount of compensation for a complete loss of the goods contained in the Parcel will be equal to $60.00 per Parcel, plus the whole of the amount paid for shipping, unless additional insurance was purchased by the sender in which case the maximum liability shall be the value declared as it appears on the Customs Declaration forms prepared by or on behalf of the sender. In the event of any discrepancy, the value of the Parcel will be determined by the sender producing either a store receipt confirming the actual cost of the goods contained in the Parcel and/or the product market value of such goods.
(d) In the event of a partial loss of the Parcel the liability of the carrier shall be limited to $3.00 for each kilogram to the maximum of the amount of the insurance obtained by the sender.
(e) Unless the parties agree otherwise in writing, the carrier shall not be liable for any special, consequential or other damages caused by any delay in the delivery of the Parcel. (0 The carrier shall not be liable for the loss by the receiver or sender of any items that may be prohibited from being sent in Parcels to the country of destination including, without limiting the generality of the foregoing, negotiable instruments, cash, precious metals, stones and jewellery and any other objects that may be determined by the regulating officials of the country of destination as being objects in the nature of luxury objects.
(g) The sender acknowledges that it is prohibited and unlawful to send by way of Parcels, arms, control substances, explosives, flammables or any other similar objects that might damage the shipment and the sender acknowledges and admits liability in the event that it includes any such items in the parcel being shipped.
CONDITION THREE: Notice of Claim: «
(a) No carrier is liable for loss or damage to any goods and carried under this contract unless notice thereof setting out particulars of the damage or loss and the estimated amount claimed in respect of such loss or damage, is given in writing together with the customer's copy of the Customs Declaration to the originating carrier within 45 (forty—five) days after the delivery of the goods, or in the case of failure to make delivery, with 3 (three) months from the date of shipment.
(b) The final Notice of Claim must be filed within 6 (six) months from the date of shipment together with a customer copy of Customs Declaration.
CONDITION FOUR: Partial Invalidity:
If any provision herein is held invalid or enforceable by any court of competent jurisdiction, this agreement shall be interpreted as if such provision had not been part of this agreement.
CONDITION FIVE: Modification of Contract:
No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of this contract.
CONDITION SIX: Check before signing!
(a) It is a duty of the sender to check with the carrier or his representative the applicable custom rules of the country of destination so as to determine if the goods being delivered are duty free.
(b) It is a duty of the sender to check with the carrier or his representative the time frame for delivery of Parcel to the country of destination and in particular deliveries during either the Christmas or Easter seasons.
(c) It is a duty of the receiver to check the contents of a parcel in the presence of the delivery person. Possible claims can be considered only on the basis of a Notice of Claim filed with the carrier.