The following Conditions of Carriage are applicable to carriage by ground, air or sea, together with Bill of Lading/Waybill associated with the shipment tendered to Reliable Global Courier Inc. (RGC) for carriage.
SECTION 1 – Definitions
The following terms used in these Conditions of Carriage govern the contract of carriage between you and us:
1.1 “we”, “us” and RGC means Reliable Global Courier Inc. and its subsidiaries and their respective officers, directors, employees and contracted representatives.
1.2“you” and “your” means all parties having a legal interest in the shipped products, articles or objects. These include the ultimate consignor or the ultimate consignee.
1.3 “Carriage” means all services undertaken with respect to a shipment including collecting, transport, delivery, holding and handling.
1.4 “Conditions” means the Waybill associated with the particular shipment as well as these Conditions of Carriage.
1.5 “Courier Organization” means Reliable Global Courier Inc. and its subsidiaries and their respective directors, officers, employees and contracted representatives.
1.6 “Declared Value for Carriage” means the value of a shipment as declared by its shipper on the Waybill to calculate shipping charges and to limit RGC’s liability for damage, loss or delay.
1.7 “Shipment” means any products, articles or objects tendered to and accepted by Reliable Global Courier Inc.
1.8 “Shipper/client” means the person whose name appears on the waybill or shipment record as the party contracting with Reliable Global Courier Inc. for the carriage of cargo.
1.9“Shipping Parties” means anyone with an interest in the shipment including the ultimate consignor and ultimate consignee.
1.10 “Waybill” means a receipt which contains the details of the ultimate consignor and the ultimate consignee, the points of origin and destination, and, commodity information (name, weight, dimensions).
1.11 “Special Drawing Rights” means the Special Drawing Rights as defined by the International Monetary Fund.
1.12 “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, and its amendments at the Hague in 1955 and addition of protocols in Montreal in 1975.
1.13 “CMR” means the United Nations Convention on the Contract for the International Carriage of Goods by Road (CMR) signed on May 19, 1956 in Geneva.
1.14 “Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed on May 28, 1999 in Montreal.
SECTION 2 – AGREEMENT TO CONDITIONS OF CARRIAGE
2.1 These Terms and Conditions of service will constitute a legally binding contract between all the shipping parties to whom Reliable Global Courier Inc.(RGC) offers services.
2.2 If there is any discrepancy between these Terms and Conditions and any other document issued in association with services rendered by Reliable Global Courier Inc., these Terms and Conditions will govern. These Terms and Conditions are subject to change without notice. Any modification to these Terms and Conditions will be published on RGC’s website at www.reliableglobalcourier.com. Your continued use of RGC services will constitute acceptance of the amended Terms and Conditions.
2.3 No staff or contracted representative of RGC is authorized to amend or waive any of these Terms and Conditions without a written authorization of RGC executive.
SECTION 3 – PACKAGING REQUIREMENTS
The shipper is responsible for ensuring that the CARGO is packed in an appropriate way for carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked so as to identify the shipper and consignee. Cargo not packed in accordance with IATA/ICAO regulations or other applicable laws or with incorrectly, uncompleted or inappropriate documentation (including but not limited to customs or equivalent documentation or declarations or other importation or exportation paperwork) or improper packaging may not be carried. RGC reserves the right to refuse the transportation of CARGO that is not suitably packed, marked and/or documented.
SECTION 4 – RIGHT TO INSPECTIONS OF GOODS
All shipments accepted from known/unknown shippers for movement on a passenger aircraft are subjected to inspection or search by RGC, its contracted representatives, air carriers or government officials to ensure security and safety of an aircraft and its passengers. The right to inspection is also applied to all electronic data, including password protected data. RGC is not liable in any manner for any damages or delays resulting from such inspection. If you do not approve the search or inspection of your cargo it cannot be transported by air.
SECTION 5 – DANGEROUS GOODS
5.1 If the shipment contains Dangerous Goods or Hazardous Materials, the shipper is responsible to notify in writing to Reliable Global Courier Inc. of the exact nature of any Dangerous Goods. Prior to pick-up, the shipper is required to submit a signed Shipper’s Declaration for Dangerous Goods or Hazardous Materials, Material Safety Data Sheet (MSDS) and a waybill inclusive of accurate and complete details.
5.2 Dangerous Goods or Hazardous Materials are the commodities transported in agreement with the following rules and regulations: “TDG Regulations” outlined by Transport Canada, Title 49 of the U.S. Code of Federal Regulations (CFR), the “Dangerous Goods Regulations” outlined by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO) “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, the “International Maritime Dangerous Goods (IMDG) Code” outlined by the International Maritime Organization, and any subsequent revisions.
5.3 If Reliable Global Courier Inc. accepts the shipment containing Dangerous Goods or Hazardous Materials, the shipper must comply with all of the rules and regulations listed above and all state/provincial and federal legal requirements with respect to shipping Dangerous Goods or Hazardous Materials.
5.4 Surcharge for handling and transportation of Dangerous Goods or Hazardous Materials will be applied at a minimum rate of $100.00 per shipment in addition to all other applicable charges and fees.
5.5 Reliable Global Courier Inc. retains the right to refuse any shipment.
SECTION 6 – CARRIAGE
6.1 The shipper is responsible for accuracy of information printed on the waybill. Reliable Global Courier Inc. (RGC) will not assume liability for service failure due to incorrect and/or incomplete information or documentation received from the shipper.
6.2 Reliable Global Courier Inc. reserves the right to choose the modes and course of transport. RGC does not guarantee the placement of shipment on any particular carrier, route or flight. Scheduled flight times as advertised by any carrier are approximate and not guaranteed and form no part of these Conditions of Carriage.
6.3 Reliable Global Courier Inc. reserves the right to subcontract any part of the carriage to any member of the Courier Organization on any terms at its sole discretion, with an understanding that RGC will continue to be ultimately responsible for the carriage of the shipment. All claims in connection with the shipment will directed at the Courier Organization as detailed in Section 9.
6.4 At locations where the members of the Courier Organization are not allowed access to are as other than the assigned recovery and delivery zones, we will recover and deliver shipments only at the designated zones. In addition, the delivery to the person in shipping/receiving zones or to any other person authorized to receive property on behalf of the consignee, will be regarded as delivered to the consignee. Prior notice to RGC is mandatory for all deliveries if the shipment requires two or more persons or specialized equipment. Additional charges for this service will be applied.
6.5 If completion of the delivery to the address specified on the waybill is not possible for reasons beyond RGC’s control such as force majeure or consignee’s refusal to accept the consignment, RGC will notify the shipper and the consignee and re-attempt delivery at an additional charge.
6.6 If you as a shipper have not arranged a broker for customs clearance, you appoint RGC, the Courier Organization, as your agent to conduct customs clearance. Some jurisdictions may require documentation to attest our appointment and it is your responsibility to supply all appropriate documents when requested. All shipping parties must comply with all applicable laws, rules and regulations of any country through which your shipment may transit. We are not liable for any expenses and/or losses resulting from your failure to comply with the regulatory requirements. In addition, you are liable for all costs associated with RGC acting as an agent on your behalf including duties and taxes, legal fees (our lawyers’ fees), customs assessments, fines and penalties.
6.7 All undelivered or unclaimed goods will be held by Reliable Global Courier Inc. for 7 days of notice being given the shipper after which the title of the consignment will be transferred to RGC. RGC will have absolute power to sell or destroy the goods.
6.8 RGC makes no representation or warranty of any kind and excludes and disclaims all warranties and other terms implied by statute or applicable law to the fullest extent permitted.
SECTION 7 – CHARGES AND FEES
7.1 The customer must pay Reliable Global Courier Inc. the carriage fees in accordance with these conditions. Any rates or charges provided via phone or in writing are subject to change without notice and are not guaranteed for a specific period of time. RGC will provide a full list of accessorial charges such as waiting time, storage, packing, extra fuel, tolls, additional stops, diversion miles, non-dock deliveries and fuel surcharges upon request. All quotes do not include applicable duties, taxes and/or accessorial charges which may incur during carriage and will be added to invoices at the applicable rate. All deliveries service to/from the United States of America are quoted in US dollars and will be billed to the foreign client at the exchange rate on the day of the delivery.
7.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by RGC and any other sums payable to RGC, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by RGC, except that they may be collected by RGC at any stage of the service performed under the contract of carriage.
7.3 The shipper guarantees payment of all unpaid charges, unpaid charges collect, advances and disbursements of RGC. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which RGC may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. RGC shall have a lien on the cargo for each of the foregoing and, in the event of nonpayment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale RGC shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges.
7.4 Basis of Rates and Charges Rates and charges will be based on the units of measurement and subject to the rules and conditions published in RGC’s regulations and rate tariffs. If the gross weight, measurement(“DIM” Factor), quantity or declared value of the cargo exceeds the gross weight, measurement (“DIM” Factor), quantity or declared value on which charges for carriage have been previously computed, RGC shall be entitled to require payment of the charge on such excess.
7.5 Charges Collect shipments will not be accepted. RGC shall not be required to accept bookings for or carry Charges Collect consignments or shipments unless RGC consents in writing.
7.6 Unless otherwise specifically agreed in writing, all invoiced amounts payable to RGC are due within 30 calendar days of invoice date. Client is obligated to pay full invoice amount without reduction, set-off or delay. Payments not received by the due date will be subject to a late payment fee at the interest rate of 24.9% per month on all outstanding balances. Any costs associated with a potential laws suit to recover outstanding amounts will be responsibility of the shipper/client.
7.7 If upon placing an order, the customer pays for a shipment by a credit card, the amount quoted by RGC to the shipper at the time of booking will be charged to customer’s credit card within 24 hours of RGC’s receipt of the order. If any additional charges are imposed on RGC pursuant to Section 6.5, the customer authorizes RGC to apply such additional charges to the customer’s credit card within 24 hours of RGC incurring such charges.
7.8 Credit granted to a shipper/client may be withdrawn at RGC’s sole discretion at any time and the outstanding balance must be paid in full upon demand.
7.9 RGC may cancel the carriage of the shipment upon refusal by the shipper, after demand by RGC, to pay the charges or portion thereof so demanded, without RGC being subject to any liability therefor.
7.10 No parties have any right to withhold or offset unpaid transportation or other charges due/owing to RGC against unpaid claims for loss or damages, claims for overcharges, or any other claims asserted to RGC. RGC is not obligated to act on any claim until all charges are paid in full.
SECTION 8 –INSURANCE
Reliable Global Courier Inc. does not provide insurance of any kind. Shipper/client is encouraged and ultimately responsible for obtaining insurance for the shipment against all insurable risks. Such insurance policy must include a waiver of subrogation provision protecting each member of the Courier Organization.
SECTION 9 – LIABILITY
9.1 Reliable Global Courier Inc. is not liable to the shipper, consignee or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused the damage so sustained took place during the carriage.
9.2 Except as may be otherwise provided in any Applicable Convention, RGC is not liable to the shipper, consignee or any other person for any damage, delay or loss of whatsoever nature arising out of or in connection with the carriage of cargo or other services performed by RGC, unless such damage, delay or loss is proved to have been caused by the negligence or willful default of RGC and there has been no contributory negligence on the part of the shipper, consignee or other claimant.
9.3 RGC is not liable if the destruction, loss or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo.
9.4 RGC will not liable for any loss, damage or expense arising from debt due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of the animal, or by defective packing of the animal, or the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by all modes of transport.
9.5 RGC shall not be liable in any event for any consequential loss or damage arising from carriage subject to these conditions, whether or not RGC had knowledge that such loss or damage might be incurred.
If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from which he derives his rights, RGC shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.
9.6 Unless the shipper has made a special declaration of value for carriage and has paid the supplementary sum applicable, liability of RGC shall not exceed the greater of (1) 19 special Drawing Rights per kilogram of cargo, or (2) $100 USD for destroyed, lost, damaged or delayed cargo. If the shipper has made a special declaration of value for carriage, it is agreed that any liability shall in no event exceed such declared value for carriage stated on the face of the air waybill or included in the shipment record. All claims shall be subject to proof of value.
9.7 Other than damage or loss as defined in 9.2, RGC’s maximum total liability for an order is limited to the costs and fees associated with the carriage of the shipment.
9.8 The shipper, owner and consignee, whose property caused damage to or destruction of any other shipment or of the property of RGC, shall indemnify RGC for all losses and expenses incurred by RGC as a result thereof. Cargo which, because inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by RGC at any time without notice and without liability therefore attaching to RGC.
9.9 Whenever the liability of RGC is excluded or limited under these conditions, such exclusion or limitation shall apply to all members of the Courier Organization.
9.10 RGC has no liability for any loss or damage caused by Dangerous Goods.
SECTION 10 – INDEMNIFICATION
10.1 Indemnifiable losses include all obligations, liabilities, penalties (civil or criminal), fines, taxes, deficiencies, judgements, claims, amounts paid in settlements and/or actions, demands, assessments, expenses, recoveries, costs and fees, losses, court costs, attorneys’ fees, any and all injuries.
10.2 The shipper/client shall be liable for, and indemnify the Courier Organization for and against, any and all indemnifiable losses resulting from (a)all claims and demands made against RGC by any third party in excess of the liability in Section 9, (b) any shipping party’s breach of these Conditions of Carriage, fraud, omissions or misrepresentation by the customer, owner of the consignment or consignee, (c) any claim made by a shipping party against any such member other than RGC.
SECTION 11 – CONFIDENTIALITY AND GENERAL INFORMATION
Shipper/client agrees to maintain in complete confidence, and not disclose to any unauthorised third parties, or otherwise use or license any proprietary or confidential information, including strategies, business plans, and rates, of RGC that it may receive from RGC during the term of this agreement, without RGC’s prior written consent. RGC hereby acknowledges that disclosure of certain information to the employee, representatives, and agents of the shippers/clients’ shall be deemed authorized third party unless RGC and shipper/client specifically agree otherwise in writing.
The parties’ obligations of confidentiality under this section shall continue during and after the termination of the agreement.
Source: IATA Recommended Practice 1601 CSC(26) (Amended) Last update: May 16th, 2013