Caribbean Trading and Cargo Management Inc will herein be known as CTCM Express.
When ordering CTCM Express 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 CTCM Express accepts the Shipment unless otherwise agreed in writing by CTCM Express. 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 CTCM Express, including air, sea or any other carrier. A “waybill” shall include any paper waybill produced by CTCM Express systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
Customs, Exports and Imports CTCM Express may perform any of the following activities on Shipper’s behalf in order to provide its services to 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 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 Receiver’s import broker or other address upon request by any person who CTCM believes in its reasonable opinion to be authorised.
Unacceptable Shipments 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), any
applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or Air Courier International 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 illegal narcotics/drugs).
Inspection CTCM Express has the right to open and inspect a Shipment without prior notice to Shipper.
Shipment Charges & Billing CTCM Express charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by CTCM Express to confirm this calculation. Shipper shall pay or reimburse CTCM Express for all Shipment charges, storage charges, duties and taxes owed for services provided by CTCM Express or incurred by CTCM Express 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.
CTCM Express Liability CTCM Express contracts with Shipper on the basis that CTCM Express International’s 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 CTCM Express attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, ocean 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. CTCM Express 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:
Claims are limited to one claim per Shipment settlement of 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 its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
Time Limits for Claims All claims must be submitted in writing to CTCM Express within thirty (30) days from the date that CTCM Express accepted the Shipment, failing which CTCM Express shall have no liability whatsoever.
