DEFINITIONS

The following definitions apply to the Terms and Conditions set out below that govern this contract of carriage between you and us "we", "us" and "our" means subsidiaries, affiliates of Cpost International N.V. and their respective employees, agents and independent contractors;

"you" and "your" means the sender/consignor of the shipment, holder of the Expresspost Air Waybill, or the receiver/consignee and owner of the contents of the shipment or any other party having a legal interest in those contents;

“Expresspost Air Waybill” means the document(s) pertaining to a shipment, which states all the necessary and important info about the shipment. This info includes: a unique Air Waybill number; sender & receiver’s name, address and contact information; barcodes for scanning purposes; shipment type (document or non-document); description of the contents, weight and dimensions.

"carriage" means and includes the whole of the operations and services undertaken by us in connection with the shipment;"shipment" means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our Expresspost Air Waybill.

“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels as well as those dangerous goods or materials that are mentioned in the lists stated in Article 4 paragraph 1 of these Terms and Conditions.

“SDR/XDR” means ‘Special drawing rights’ and these are supplementary foreign-exchange reserve assets defined and maintained by the International Monetary Fund (IMF). The XDR is the unit of account for the IMF, and is not a currency per se.

THE PARTY WITH WHOM YOU ARE CONTRACTING

Your contract is with the subsidiary or affiliate of Cpost International N.V. that accepts the shipment from you. You agree that we may subcontract the whole or any part of the carriage on any Terms and Conditions we decide.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your shipment you accept our Terms and Conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the shipment irrespective of whether you have signed the front of our Expresspost Air Waybill or not. Our Terms and Conditions also cover any third party we use to collect, transport or deliver your shipment. None of our employees, agents or subcontractors are authorized to waive, alter or modify these Terms and Conditions. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be comply with such instructions.

4. DANGEROUS GOODS / SECURITY / UNACCEPTABLE SHIPMENTS

4.1 Dangerous Goods

We do not carry dangerous goods including those specified in the Universal Postal Union (UPU) List of Prohibited Articles, the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, or any other national or international rules applicable to the transport of dangerous goods.

4.2 Air Cargo Security Regulations

You must ensure and you hereby certify by completing our Expresspost Air Waybill of tendering a shipment to us that your shipment does not contain prohibited items nor items that don’t comply with other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on our Expresspost Air Waybill and your liability is not extinguished by providing this information. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons.
You declare that you have prepared the shipment in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to hand over by you to us.

4.3 Prohibited Items

We do not accept prohibited items.

4.4 Unacceptable Shipments

We do not accept shipments with incorrect or not properly marked addresses or shipments of which their packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
We do not accept shipments of which contains counterfeit goods, animals, bullion, weapons, explosives and ammunition, human remains or any other item which Cpost International N.V. unilaterally decides that it cannot be carried safely or legally.

RIGHT OF INSPECTION

You agree that we or any governmental authority with appropriate legal inspecting and visitation powers, including customs, may open and inspect your shipment at any time.

CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS

Weekend days, public holidays and bank holidays together with delays caused by customs or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.

CUSTOMS CLEARANCE

7.1 You hereby appoint us as your agent solely for the purpose of clearing and entering the shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries if we subcontract this work. If any customs authority requires additional documentation for the purpose of confirming our customs clearance status it is your responsibility to provide the required documentation at your expense.

7.2 You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and pay any administration fee we may charge you for providing such assistance.

7.3 Any customs penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved in this extra work.

7.4 We will endeavor to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.

UNDELIVERABLE AND UNACCEPTED SHIPMENTS

A Shipment is deemed unacceptable if:

no customs declaration is made when required by applicable customs regulations,
it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
it contains any other item which DHL decides cannot be carried safely or legally.

DELIVERIES and UNDELIVERABLES

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
We may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 4.4, or it has been undervalued for customs purposes, or receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, we shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. We shall have the right to destroy any Shipment which any laws prevent us from returning to Shipper as well as any Shipment of Dangerous Goods.

YOUR OBLIGATIONS

You warrant to us that:

the contents of the shipment have been properly described on our Expresspost Air Waybill;
the contents of the shipment have been correctly labeled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
the consignee’s full address including the postcode has been entered on our Expresspost Air Waybill;
the consignee’s full address including the postcode has been accurately and legibly completed on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
the contents of the shipment have been packed safely and carefully by you to protect against the ordinary risks of transport;
you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles.
the contents of the shipment are not ones restricted by UPU, IATA or ICAO and are not prohibited items;

You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses including legal costs we incur arising out of you being in breach of any of these warranties.

EXTENT OF OUR LIABILITY

a maximum amount that equals 130 SDR per item containing merchandise; an invoice of the amount that was paid at our counters plus the invoice of the value of the content of the item should be presented.
a maximum amount that equals 30 SDR per item containing document; an invoice of the amount that was paid at our counters should be presented.

11.2 Subject to clause 12 below, we limit our liability to direct loss and damage of your shipment or any part of it for uninsured packages as follows:

If optional insurance of 1% of the insured amount is applied, the whole insured amount will be applied with a maximum of $2500 for items containing documents and also merchandise; an invoice of the amount that was paid at our counters plus the invoice of the value of the content of the item should be presented.
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 or attention.

EXCLUSIONS

12.1 We are not liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, use of contents or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, mis-delivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise.

12.2 We are not liable if your shipment or any part of it is lost, damaged, delayed or undelivered or not delivered at all as a result of:

Circumstances beyond our control such as (but not limited to):

acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
force majeure including war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
latent defects or inherent vice in the contents of the shipment.

your acts or omissions or those of third parties such as:

you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 10;
an act or omission of any customs, airline, airport or government official.

The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.

12.3 We are not a common carrier and do not accept from you any liabilities of a common carrier.

VALUABLE GOODS

We recommend valuable goods such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transshipments on and off vehicles. Under no circumstances when carrying such items shall our liability to you exceed the limits contained in Clause 11 above. We recommend you insure your valuable goods before such items are collected by us.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us arising from the carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

CLAIMS PROCEDURE

If you wish to claim for a lost, damaged or delayed shipment you must comply with the following procedure otherwise we reserve the right to reject your claim:
All claims must be submitted to us within thirty (30) days from the date that we accepted the Shipment, failing which we shall have no liability whatsoever. Claims are limited to one claim per Shipment.

RATES AND PAYMENT

16.1 You agree to pay our charges for the carriage of the shipment between the locations specified on the Expresspost Air Waybill and any value added taxes for the carriage within 30 days from the date of our invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment.

16.2 Our Current rates can be found on www.Cpostinternational.com.

16.3 The door-to-door delivery rates shown on our website include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied for complex customs clearance activities and these include but are not limited to shipments that require:

formal customs entries involving more than three different commodities.
customs bonds or the need to deliver goods under a customs bond.
temporary import facilities
clearances involving a government department other than the customs authority.

16.4 Cpost has a general lien on all shipments in its possession at any time. This gives Cpost the right to sell the contents and retain the proceeds of the sale in settlement of any amounts that you may be owed to Cpost by the corresponding client for previously carried or delivered shipments.

LAW AND JURISDICTION

17.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of carriage all of which remain in force.

17.2 Disputes arising from this contract of carriage relating to the amount of monies owed to us by you shall be subject to the laws and the court of Curaçao