CONDITIONS OF CARRIAGE
In tendering the shipment for carriage, the customer agrees to these terms and conditions of carriage and that this Waybill is NON-NEGOTIABLE and has been prepared by the customer or on the customer’s behalf by Delybell. As used in these conditions, Delybell includes INTERCITY EXPRESS CARGO CO.WLL., all operating divisions and subsidiaries of INTERCITY EXPRESS CARGO CO.WLL., and their respective agents, servants, officers and employees.
SCOPE OF CONDITIONS
These conditions shall govern and apply to all services provided by Delybell. BY SIGNING THIS WAYBILL, THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. Delybell shall not be bound by any agreement which varies from these conditions, unless such agreement is in writing and signed by an authorized officer of Delybell. In the absence of such written agreement, these conditions shall constitute the entire agreement between Delybell and each of its customers. No employee of Delybell shall have the authority to alter or waive these terms and conditions, except as stated here in.
Delybell agrees, subject to payment of applicable rates and charges in effect on the date of acceptance by Delybell of a customer’s shipment, to arrange for the transportation of the shipment between the locations agreed upon by Delybell and the customer. Delybell reserves the right to transport the customer’s shipment by any route and procedure and by successive carriers and according to its own
Delybell reserves the right to refuse any documents or parcels from any person, firm or company at its own discretion.
Delybell reserves the right to abandon carriage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of the conditions contained herein.
Delybell reserves the right to open and inspect any shipment consigned by a customer to ensure that it is capable of carriage to the destination within the standard customs procedures and handling methods of Delybell. In exercising this right, Delybell does not warrant that any particular item to be carried is capable of carriage, without infringing the law.
LIMITATION OF LIABILITY
Subject of Sections 5 and 6 hereof:
Delybell will be responsible for the customer’s shipment only while it is within Delybell's custody and control. Delybell shall not be liable for loss or damage of a shipment while the shipment is out of Delybell's custody or control. Delybell's LIABILITY IS IN ANY EVENT LIMITED TO TWENTY FIVE US DOLLARS (US$25) or its equivalent per shipment unless a higher value is declared on the Airway bill at the time of tender and an additional charge is paid for, as assessed and determined by Delybell, for each Twenty Five Dollars (US$25) or fraction thereof, by which the insured value designated by the customer on the Airway bill exceeds Twenty Five Dollars (US$25) per shipment.
Notwithstanding the forgoing, should the customer, at the time of tender, declare a higher value than Twenty Five Dollars (US$25) on the Airway Bill, Delybell's liability shall in any event be limited to the lower of the insured value of the amount of any loss or damage actually sustained by the customer.
The actual value of a shipment shall be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to the customer or to other items of consequential loss.
NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY Delybell IS ONE THOUSAND DOLLARS (US$1000) AND IN NO EVENT SHALL THE LIABILITY OF DELYBELL EXCEED THAT AMOUNT.
CONSEQUENTIAL DAMAGES EXCLUDED
Delybell SHALL NOT BE LIABLE, IN ANY EVENT, FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTAL DAMAGE OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT DELYBELL HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED INCLUDING, BUT NOT
LIABILITIES NOT ASSUMED
Delybell shall not be liable for any loss, damage, delay, misdelivery, non-delivery not caused by its own negligence, or for any loss, damage, delay, misdelivery or non-delivery caused by:
The act, default or omission the shipper, consignee or any other party who claims an interest in the shipment.
The nature of the shipment or any defect, characteristic, or inherent vice thereof.
Violation by the shipper or consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or addressing misdescribing the contents of any shipment or failure to observe any of these rules relating to the shipment not being acceptable for transportation whether such rules are now or hereafter promulgated by Delybell.
Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent
Acts of omissions of any postal service, forwarder, or any other entity to whom a shipment is tendered by Delybell for transportation, regardless of whether the shipper requested or had knowledge of such third party delivery requirement.
Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form, or damage due to insects or vermin.
While Delybell will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, Delybell will not under any circumstances be liable for delay in pickup, transportation or delivery of any shipment regardless of the causes of such delay.
MATERIALS NOT ACCEPTABLE FOR TRANSPORT
Delybell will notify customer from time to time as to certain classes of materials which are not accepted by Delybell for carriage. It is the customer’s responsibility to accurately describe the shipment on this Waybill and to ensure that no material is delivered to Delybell which has been declared to be unacceptable by Delybell.
Delybell will not carry property, the carriage of which is prohibited by any law, regulation or instructions as well as any of the following materials or items: Firearms, Bullion, Works of art, and Negotiable instruments in bearer form, Jewellers, Precious metals, Precious stones.
In the event that any customer should consign to Delybell any such item as described above, or any item which the customer has undervalued for customs purposes or misdescribed, whether intentionally or otherwise, the customer shall indemnify and hold Delybell harmless from all claims, damages, fines and expenses arising in connection therewith, and Delybell shall have the right to abandon such property and/ or release possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials immediately upon Delybell’s obtaining knowledge that such materials infringing these conditions have been turned over to Delybell for transport. Delybell shall be free to exercise any of its rights reserved to it under this section without incurring liability whatsoever to the customer.
PACKAGING AND ADDRESSING
The packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility, including the placing of the goods or documents in any container which may be supplied by the customer to Delybell. DELYBELL accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. DELYBELL shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligations in this respect.
The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
Any rates quoted by Delybell for carriage are exclusive of any value added or sales taxes, duties, levies, imposts or outlays incurred in respect of carriage of the customer’s goods. Should the customer indicate by endorsement in the space provided on the Bill of Lading that the receiver shall be liable for any amount, the customer shall be liable for such amount in the event of default in payment by the receiver Delybell will not be liable for any penalties imposed or loss or damage incurred due to the customer’s documents or goods being impounded by authorities and the customer hereby indemnifies Delybell against such penalty or loss.
Delybell will only carry documents or goods which are the property of the customer and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods. The customer hereby undertakes to indemnify Delybell against any damages, costs and expenses resulting from any breach of this warranty.
ANY CLAIMS AGAINST Delybell MUST BE SUBMITTED IN WRITING TO THE OFFICE OF DELYBELL WHERE THE SHIPMENT WAS ACCEPTED WITHIN SEVEN (7) DAYS OF THE DATE OF ACCEPTANCE BY DELYBELL. Notwithstanding any of the foregoing, no claim for loss or damages will be entertained until all transportation charges have been paid.
NON-DELIVERY OF SHIPMENT
Notwithstanding the shipper’s instruction to the contrary, the shipper, will be liable for all costs and expenses related to the shipment of the package and for costs incurred in either returning the shipment or warehousing the shipment pending disposition.
Delybell maintains cargo liability insurance to the full extent of the liability offered to the shipper.
At the request of the shipper and upon payment therefore at the then prevailing rates, Delybell will arrange insurance
coverage on behalf of the shipper in an amount not exceeding One Thousand Dollars (US$1000)
The insurance cover shall be governed by all the terms and conditions contained in the policy of insurance issued by the insurance Carrier. A certificate evidencing such insurance will be made available to the shipper.
CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OF INSURANCE.
I/We agree that Delybell's standard Conditions of Carriage apply to this shipment and limit Delybell's liability. The Warsaw Convention may also apply. I/We understand that Delybell’s does not transport Cash or Dangerous Goods.