Our Shipping Terms and Condition
IMPORTANT NOTICE
When ordering Today Shipping Company, services you, as 'Shipper', are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that Today Shipping Company, accepts the Shipment unless otherwise agreed in writing by an authorised officer of Today Shipping Company. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.'Shipment' means all documents or parcels that travel under one waybill and which may be carried by any means Today Shipping Company chooses, including air, road or any other carrier. A 'waybill' shall include any label produced Today Shipping Company, automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance cover may be arranged at an additional cost. (Please see below for further information). Today Shipping Company, means and includes any member of the Today Shipping Company, Worldwide Express Network.
1 Customs, Exports and Imports
Today Shipping Company, may perform any of the following activities on Shipper`s behalf in order to provide its services to the Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as the Shipper`s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to the Receiver`s import broker or other address upon request by any person who Today Shipping Company, believes in its reasonable opinion to be authorised.2 Unacceptable Shipments
The Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: * It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation) and any applicable government department or other such relevant organisation; * No customs declaration is made when required by applicable customs regulations; or * Today Shipping Company, decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and any illegal narcotics/drugs).3 Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered only to the Receiver`s address given by the Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments addressed to a central receiving area will be delivered to that area. If the Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, if the Receiver is not reasonably identified or located, Today Shipping Company, shall make reasonable efforts to return the Shipment to the Shipper at Shipper`s cost, failing which the Shipment may be released, disposed off or sold by Today Shipping Company, without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied towards service charges and other related administrative costs and the balance if any of the proceeds of a sale is to be returned to the Shipper.4 Inspection
Today Shipping Company, has the right to open and inspect a Shipment without prior notice to the Shipper.5 Shipment Charges & Billing
Today Shipping Company will levy, Shipment charges as calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Today Shipping Company, to confirm to this calculation. The Shipper shall pay or reimburse Today Shipping Company, for all Shipment charges, storage charges, duties and incurred taxes for services provided by Today Shipping Company, or incurred by Today Shipping Company, on Shipper`s or Receiver`s or any third party`s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.Today Shipping Company, Liability
Today Shipping Company, contracts with Shipper on the basis that Today Shipping Company, liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Today Shipping Company, attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Today Shipping Company, liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of $US 100 or equivalent currency of the origin country: (or)* $US 20.00/kilogram or $US 9.07/lb or equivalent currency of the origin country for Shipments transported by air or other non-road mode of transportation; (or).
* $US 10.00/kilogram or $US 4.54/lb or equivalent currency of the origin country for Shipments transported by road (not applicable to the US).
Claims are limited to one claim per Shipment settlement which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which the Shipper assumes all risks of loss or damage.
7 Time Limits for Claims
All claims must be submitted in writing to Today Shipping Company, within thirty (30) days from the date that Today Shipping Company, accepted the Shipment, failing which Today Shipping Company, shall have no liability whatsoever.8 Shipment Insurance*
Today Shipping Company, can arrange insurance for the Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or Today Shipping Company, and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.9 Delayed Shipments
Today Shipping Company, will make every reasonable effort to deliver the Shipment according to Today Shipping Company, regular delivery schedules, but these are not guaranteed and do not form part of the contract. Today Shipping Company, is not liable for any damages or loss caused by delays..10 Circumstances beyond THE PROFESSIONAL COURIERS , control
Today Shipping Company, is not liable for any loss or damage arising out of circumstances beyond Today Shipping Company, control. These include but are not limited to:-`Act of God` - e.g. earthquake, cyclone, storm, flood, fog; `Force Majeure - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Today Shipping Company, riot or civil commotion; any act or omission by a person not employed or contracted by Today Shipping Company, e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings11 Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Today Shipping Company, liability for loss or damage.12 Shipper`s Warranties and Indemnity
The Shipper shall indemnify and hold Today Shipping Company, harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper`s breach of the following warranties and representations:.* all information provided by the Shipper or its representatives is complete and accurate;
* the Shipment was prepared in secure premises by Shipper`s employees;
* The Shipper employed reliable staff to prepare the Shipment;
* The Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to Today Shipping Company;
* the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
* all applicable customs, import, export and other laws and regulations have been complied with; and
*the waybill has been signed by the Shipper`s authorized representative and the Terms and Conditions constitute binding and enforceable obligations on the Shipper