TCS EXPRESS WORLDWIDE LLC.
This is a summary of our main terms and conditions. Our full terms and conditions are on display and available from TCS SERVICES CENTERS.
About Our Terms & Conditions:
1. Our Contract with You
These terms and conditions, together with those available from our Service Centers are all the terms of the contract between you, the sender of the shipment and us, TCS. When you give us your shipment, you accept our terms both for yourself and for anyone else who has an interest in the shipment. Our terms and conditions also protect anyone who we may contact to collect transport, your shipment. No employee of TCS or anyone else has any authority to change any of our terms or conditions or make any promise on our behalf.
2. What's Shipment Means
Shipment means all documents or parcels that travel under one airway bill. You certify that shipment details are complete and accurate.
3. International shipments
You appoint us as your agent to conduct customs clearance and entry and certify TCS as consignee solely for the purpose of designating a Customs Broker, to perform Customs clearance and entry.
4. Shipments we do not accept
We do not accept as a shipment anything that
"Is restricted by IATA (International Air Transport Association) or ICAO (International Civil Aviation Organization)
"We decide we cannot transport safely or legally
You can get full information from our Service Centers about shipments that we do not currently accept. You certify that your shipment is not restricted by any of the above.
5. Inspection and Charging
You agree that we may open and inspect a shipment for any reason at any time. We charge according to the higher of actual or volumetric weight.
6. If you have asked us to bill the receiver or a third party
You agree to pay all shipment charges, and destination duties and taxes for this shipment if the receiver or third party does not pay.
7. Claims
If you wish to claim for a lost (Includes misdelivered) or damaged shipment.
"You must claim in writing
"We must receive your claim within 30 days from the date that we accepted your shipment. Please send or take your claim to your nearest TCS office.
IMPORTANT NOTICE
By the conditions set out below TCS and its servants and agents are firstly not to be liable at all for certain losses and damage, and secondly wherever they are to be liable, the amount of liability is strictly limited to the amount stated in condition 8. Customers are therefore advised to purchase insurance cover to ensure that their interests are protected, see conditions 10 -Insurance Below: What we are Liable for
8. Extent for our liability
(Subject to conditions 11 and 13) in respect of any one shipment our liability for any loss or damage however occasioned is limited to the lowest of these three amounts.
"US $25, (for international only) or
"The actual amount of any loss or damage suffered by you; or
"The actual value of the shipment, this does not include any commercial value or special value to you or to any other person.
9. What we mean by actual value
The lowest of the following amounts, determined as at the time and place we accepted the shipment
Documents
"The cost of repairing or replacing the document, or
"The cost of reconstructing or reconstituting the document.
Parcels
"The cost of repairing or replacing the parcel, or
"The resale or fair market value of the parcel
The Actual value of a parcel cannot be more than the original cost to you plus 10 per cent.
Shipment Insurance
10. We recommend that you take out shipment insurance.
We can arrange insurance for you
But please note that our shipment insurance does not cover consequential damages, tick the Shipment insurance YES box on the front of this airway bill, you assume all risks of loss or damage. What we are not liable for
11. Delayed Shipments.
We shall make every reasonable effort to deliver your shipment according to our normal delivery schedules but these are not guaranteed and do not form part of this contract. We are not liable for any delays.
12. Circumstances beyond Our Control
We are not liable if a shipment is lost, damaged or misdelivered because of circumstances beyond our control. These include
"Acts of God for example earthquake, cyclone, storm, or flood
"Force majeure' for example war, plane crash, or embargo
"Any defect or characteristic to do with the nature of shipment, even if unknown to us when we accepted it.
"Any action or omission by anyone outside TCS. For example
-The sender of the shipment
-The receiver
-An interested third party
-Customs or other government officials
-The portal service, other carrier or other third party
We are also not liable electrical or magnetic damage to or erasure of, electronic or photographic image recordings.
13. Consequential damages
We are not liable for the following, whether they are in contract Or any other form of civil action, including negligence, and even they are our fault,
"Consequential or special damage or loss
"Other indirect loss
"Breach of other contracts Consequential, damage or loss include, but are not limited to lost income, profit, interest, markets and use of contents.
14. Warsaw Convention
If the transportation of a shipment involves an ultimate destination or stop in a country other than the country of departure the Warsaw convention may apply. The convention governs and in most cases furthers limits, our liability for loss or damage to such shipment.