TERMS OF SERVICE

  Airport Courier will issue you a personal password for access to our web site upon completion of this agreement. Use of your password by anyone else, including other employees of your company, will result in loss of your rights to use Airport Courier electronic services and may also subject you to damages.

THIS SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY, EXPRESSOR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USE OF THIS WEB SITE, AND THE INFORMATION AND FEATURES FOUND ON IT, IS AT YOUR SOLE RISK. AIRPORT COURIER IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER LOSSES OR DAMAGES AS A RESULT OF USING THE ONLINE SITE OR THE INFORMATION OR FEATURES FOUND ON IT, EVEN IF YOU HAVE ADVISED AIRPORT COURIER OF THE POSSIBILITY OF SUCH DAMAGES.

Airport Courier, LLC Shipping Agreement

• We confirm that we will not offer      for carriage any undeclared hazardous materials or dangerous goods.
• We confirm that our shipments      shall not contain any unauthorized explosive, incendiary, weapon or other      destructive substance or item.
• Consent to Search or Inspection

The Transportation Security Administration (TSA) requires that shippers provide their Consent to Search or Inspect all shipments tendered for air transport, as stipulated below. Title 49 CFR 1548.9 Acceptance of cargo.
(b) Refusal to transport. Each indirect air carrier must refuse to offer for transport on an aircraft any cargo, if the shipper does not consent to a search or inspection of that cargo in accordance with this part, or parts 1544 or 1546 of this chapter.

• I consent to the search or      inspection of all cargo that I ship with Airport Courier, including cargo      from my suppliers, affiliates and subsidiaries. I am aware that this      agreement, along with other shipping document

This agreement shall be effective from the receipt of your electronic acceptance forward for all your shipments.

Conditions of Carriage − LIMITED see below

Acceptance of this bill of lading by the shipper shall constitute the shipper's agreement to the following:

Airport Courier will provide pick up and delivery services as requested by the shipper and will arrange for air or surface transportation as required. Such services will be furnished as agent of the shipper.

The shipment is insured by Airport Courier for loss, damage, or destruction, irrespective of the cause including but not limited to negligence, to actual fair market value (limit 200.00 USD) during pick up, transport and delivery. There is a charge of 3.00 USD for this insurance and it will be charged automatically unless shipper waives all coverage by checking appropriate box on front of this bill of lading. The responsibility of Airport Courier under this paragraph shall be reduced to the extent of the value of any other insurance carried by the shipper or any lost or damaged shipment.

Airport Courier shall not be liable for any loss other than, or in an amount in excess of, that which is described in paragraph above unless arrangements concerning the same are made in advance of shipment. Shipper may request additional insurance up to a maximum of 5,000.00 USD per shipment by showing the amount on the face of the bill of lading and by paying an additional fee as agreed to by the shipper and Airport Courier. The additional valuation and fee must be agreed upon by Airport Courier prior to shipment, and must be entered on the face of the bill of lading.

Airport Courier shall not be responsible for special or consequential damages experienced by any person as a result of delay, loss or damage to any shipment.

Airport Courier shall not be liable for any loss or damage which is a result of an act of God, public enemy, authority of law, act of the shipper, act of any third person, act of any airline or the inherent nature of the shipment itself.

Airport Courier will not be liable for loss or damage of high value items, etc., unless the item or items are declared in writing at the time of placing the call, in order to afford Airport Courier an opportunity to adequately protect and insure the shipment.

The shipper warrants to Airport Courier that the content of the shipment may be law−fully carried aboard airline aircraft, and is not a prohibited substance under any applicable statues and regulations, and is properly packaged or sheathed for that purpose if necessary. The shipper will indemnify and hold harmless Airport Courier against any loss by the latter as a result of the shipper's violation of this provision.

Any claim by the shipper for loss or damage in accordance with paragraph above hereof shall be noticed in writing to Airport Courier, to address specified on the front side of the form not later than 10 days after loss or damage of the shipment. Such notice must include documentation showing actual value of shipment and proof of loss. No claims will be processed by Airport Courier until all transportation charges have been paid. Claims may not be deducted from transportation charges. Any action or proceedings brought by the shipper against Airport Courier concerning this shipment must be commenced within 180 days after loss or damage of the shipment.

No agent, employee or representative of Airport Courier has authority to modify any provisions of this Notice to Shippers.

In the event that payment is not received within 7 days after due date, a finance charge of 1 1/2 percent per month will be due and payable. If this matter is placed with an attorney for collection, reasonable attorney fees will also be due and payable.

STANDARD TERMS AND CONDITIONS – AIRPORT COURIER

The Company is not and does not contract as common carriers. All consignments are Accepted by the Company only upon these conditions. No servant agent or subcontractor of the Company has authority to waive vary or alter these Conditions in any way, save that a Director of the Company is so authorized provided that such waiver or alteration is evidenced in writing signed by such Director.

Definitions

"The Company" means Airport Courier, LLC  "The Carriers" (whether in regard to carriage or storage of otherwise) means the Company including its servants and agents and its sub−contractors together with their respective servants and agents and any of them.
"Customer" means any person entering into an Agreement with the Company for the Carriage of a consignment or consignments using the Company's services and includes unless the context otherwise requires his principals, servants, agents, consignee and owner of the goods. "Sender" and "Consignee" includes unless the context otherwise requires their respective servants and agents.
"Consignment" means any goods including separate units thereof whether or not packed or boxed including such packaging which are in the control of the Carriers for the purpose of carriage or storage or in respect of which the Company has agreed to perform any services. "Sub−Contractor" means any person whose services the Company engages or makes use of to perform the whole or any part of the services the subject of this contract.
"Dangerous goods" means goods included in the list of dangerous goods as defined in the classification, packaging and labelling of dangerous substances regulations (known as the C.P.L. Regulations), the classification and labelling of explosives regulations together with any amendments thereto or goods which present a comparable hazard.
"Delay in the carriage of a Consignment" shall be deemed to have occurred where delivery of the total consignment shall not have been completed after the expiration of 28 days from the date when transit began.

Parties

• The Company may engage agents      and/or sub-contractors to perform all or any part of the services the      subject of the contract to be provided to the Customer and the Company      enters into the Contract for itself and on behalf of such agents and/or      sub-contractors, all of whom shall have the benefit of these Conditions      and who shall be under no liability to the Customer or anyone claiming      through him greater than or in addition to that of the Company under the      Contact and the Customer agrees with the Company that no claim shall be      made against such agents and/or sub-contractors in addition to or in      excess of the limitation and/or exclusions of liability as set out in      these Conditions
• The servants agents and/or      sub-contractors of the Company shall be entitled to the benefit of all the      provisions herein contained which exclude or restrict liability to any      kind. The Company in entering into any agreement incorporating these      Conditions does so on its own behalf and as agents for all its servants,      agents and/or sub-contractors.
• If the consignment or any part      thereof is not the Customer's own unencumbered property, he shall be      deemed for the purposes of the contract and these Conditions to be the      agent of such owner or other interested party and warrants that he had the      authority of all persons owning or having an interest in the consignment      or any part thereof to enter this contract and bind them as well as      himself of these Conditions. The Customer shall indemnify the Company      against any loss, damage or claims made upon the Company by virtue of any want      of authority of the Customer to enter into this Contract on behalf of any      party having an interest in the goods or any part thereof including any      packing materials.
• In entering into any contract with      the Company the Customer agrees that he does not contract or deal as a      Consumer notwithstanding any statutory or other definition of whatsoever      nature to the contrary

Warranties and Indemnities

• The extent of the Company's      responsibilities and liabilities are defined herein and the Customer shall      indemnify the Company from and against all claims costs and demands of      whatsoever nature and by whomsoever made and howsoever arising from      negligence or otherwise in excess of the liability of the Company under      these conditions arising directly or indirectly from the collection,      carriage, storage and/or delivery of the Customer's consignment.
• In the absence of written notice      to the Company at the time of delivery to it, all goods and the packing      within which they are contained are warranted by the Customer Üt to be carried      and stored.
• The Customer agrees that he will      not submit to the Carriers any consignment containing dangerous,      verminous, infested, restricted, contaminated, prohibited or condemned      goods unless he shall first have given to the Company in writing full      details of the same and obtained the written agreement of the Company to      the submission of such consignment.
• The Customer will be responsible      for and will indemnify the Company against all losses damage and claims of      whatsoever nature made upon the Company for which the Company may be or      become liable arising from the tender of a consignment all or part of      which consists of dangerous, verminous, infested, prohibited,      contaminated, restricted or condemned goods including loss and/or damage      sustained by the Company to its own property and injuries or loss      sustained by servants or sub-contractors of the Company.

Liability of the Company for loss, mis delivery, damage or delay

Subject to these Conditions the Company shall be liable for:

• Loss or Mis delivery of, or damage      to, any part of a consignment occurring during transit as defined by these      Conditions unless the Carriers shall prove such loss or mis delivery or      damage has arisen from;
  • Act of God,       including but not limited to storm tempest or flood;
  • Any       consequence of war, invasion, act of foreign enemy, hostilities (whether       war be declared or not), civil war, rebellion, insurrection, military or       usurped power or confiscation requisition, destruction of or damage to       property by or under the order of any government or public or local       authority, restraint of princes (including administrative or government       action);
  • Fire,       lightning or explosion;
  • Seizure       under legal process;
  • Act, default       or omission of whatsoever nature of the customer, his servants or agents       or of any person having an interest in the goods;
  • Inherent       liability due to wastage in bulk or weight, latent defect or inherent       defect, vice or natural deterioration of the goods or the materials in       which they are packed;
  • Insufficient       or improper packing;
  • Insufficient       or improper labelling or addressing;
  • Not, civil       commotion, strikes, lockouts, stoppages or restraint of trade or labor       from whatsoever cause, whether partial or general and whether or not the       same shall have received if required official recognition of a Trade       Union;
  • The failure       of the consignee to take or accept delivery within two clear days of       notice being given to the Customer or Consignee of the availability of       the goods for delivery
• Loss proved by the Customer to      have been caused by delay in the carriage of the consignment unless the      Company proves that such delay has arisen without negligence on the part      of the Carrier.
      Provided that: -
  • The Company       shall not incur liability of any kind in respect of the consignment where       there has been fraud on the part of the Customer;
  • Where under       this Condition the Company is not under liability in respect of some of       the factors causing the loss or misdelivery or damage or delay, it shall       only be liable to the extent that those factors for which it is liable       under this Condition have contributed to the said loss or misdelivery or       damage or delay;
  • When goods       are consigned as damageable goods not properly protected by packing the       Company shall not be liable for loss or misdelivery of, or damage to, or       delay to the goods under this Condition except upon proof by the       Customer:-
    • that the        same was caused by the willful misconduct of the Carriers; or
    • that        subject to these Conditions it would not have been suffered if the goods        had been properly protected by packaging;
  • Where goods       are accepted by the Company for Carriage at Owners risk The Company shall       not be liable for any damage to the goods or delay arising out of such       risk except upon proof by the Customer that the same was caused by the       willful misconduct of the Carriers.

Save as aforesaid the Company shall be under no liability whatsoever in connection with any consignment or any instructions given to it.

Limits of Liability

• The Company has no knowledge of      the value of the consignment and will only make payment or proportionate      payment in accordance with this Condition on satisfactory proof of value      being provided.
• The liability of the Company in      any event, in respect of the damage or misdelivery or total destruction,      or loss in connection with or of any one consignment (howsoever caused)      shall not exceed a sum equal to the carriage paid to the Company, together      with either:
  • a sum       calculated at the rate of 10 per kilo (maximum 1,000 per shipment;
  • the value of       the consignment at the time and place when accepted for carriage       whichever shall be the lesser sum.
• Further to the limits of liability      as in 6(2) (a), the Company may procure Supplementary insurance at the      Customer's express request in writing and expense against loss damage      misdelivery and delay on the terms of the Company's standard marine cargo      policy
• If part only of a consignment      suffers from damage or misdelivery or destruction or loss as aforesaid      (however caused the liability of the Company shall be limited to that      proportion of the sum calculated by reference to Condition 6(2) which the      actual value of such part at the time And place of acceptance for carriage      bears to the value of the whole consignment.
• The liability of the Company in      any event in respect of delay in the carriage of any complete consignment      shall not exceed a sum equal to the carriage charges received by the      Company in respect of that consignment, and in respect of delay in      carriage of the consignment shall not exceed that proportion of such sum      which the actual value of such part at the time and place of acceptance      for carriage bears to the value of the whole consignment.
• The Company shall not in any case      be liable for indirect or consequential losses or for loss of a market.

Limits

• The Company shall not in any event      be liable:-
  • For the loss       or misdelivery of any part of a consignment or damage or delay unless it       is advised thereof in writing by the Customer (otherwise than upon any of       the Carriers documents) of a claim and the general nature thereof within       21 days of the end of the transit of the consignment save in respect of       late arrival in any carriage service with an assured Delivery Date in       which case the said 21 days shall run from the time when the goods should       have been delivered for claims for refund of carriage charges; or
  • for damage       of any description unless the damaged goods are made available for       inspection by the Company or its appointed representative for a       reasonable period following the submission of a claim; or
  • for loss,       misdelivery or non-delivery of the whole of the consignment unless it is       advised of the loss, misdelivery or non-delivery in writing by the       Customer (otherwise than upon any of the Carrier's documents) within 28       days and the claim is made in writing within 42 days after transit began.
         Provided that if in any particular case the Claimant proves that:-
    • it was not        reasonably possible to advise the Company or claim in writing within the        aforesaid times; and
    • such advice        or claim was given or made within a reasonable time; and
    • there has        been no prejudice to the Company thereby; the Company shall not have the        benefit of sub Clause (a) and (c) hereof
• The Company shall in any event be      discharged from all liability whatsoever in respect of the consignment      unless suit is commenced within a period of time of one year from the      termination of transit or, in the case of loss, misdelivery or      non-delivery of the whole consignment, from the said 28 days referred to      in Condition 7(1)(c) hereof.
• If not later than 5 days before      the expiration of the said period of any agreed extension the Claimant      requests an extension in writing of the said one year period, the said      time shall continue until the Company's reply. If the said request is      refused the said time shall continue for a further 14 days after the day      when the Claimant has been advised of such refusal.

Charges

• The Company's charges for carriage      and storage and any other services incidental thereto shall be payable by      the Customer within 30 days of the date of the invoice without prejudice      to the Company's rights against the Consignee or any other person. Should      the charges not be paid within the period of 30 days then the Customer      agrees to pay the Company interest at the rate of 3% above the base      lending rate then prevailing of Barclays Bank Plc from the date of the      invoice.
• A claim, counter-claim or set off      shall not be made the reason for deferring or withholding the payment of      monies otherwise due to the Company
• The Customer, shall pay the      Company's charges for detention of the Carrier's vehicles, containers or      coverings or other equipment or for the use of occupation of other      accommodation, whether before or after transit or whilst transit is      suspended, unless the Customer proves that such detention or use or      occupation has arisen from default of the Carriers.
• The Customer shall be responsible      and liable for all charges for services rendered by the Company on its      behalf notwithstanding that the Customer may have appointed the company as      agent for certain purposes and that the Company may have agreed to collect      some or all of such charges from other persons upon the Customers behalf.      The agreement of the Company to make application for payment from third      parties shall not relieve the Customer of liability in the event of a      non-payment of such third parties.
• The Customer shall be responsible      and liable to pay to the Company its costs in respect of any delay      encountered as a result of the Carriers being prevented from effecting      delivery of the goods for causes other than the Carrier's own negligence and      shall pay to the Company its charges in effect of any frustrated or      abortive journey occasioned other than by the carrier's negligence.
• The Company shall be entitled to      impose an appropriate charge for supplying any document proving delivery      requested by the Customer in respect of each consignment

Despatch and receipt of goods

• Every consignment and part of a      consignment of goods shall be addressed and labeled in accordance with the      Company's requirements. Except when otherwise agreed every consignment      shall be accompanied by a consignment note containing such particulars as      the Company may reasonably require.
• The Carriers shall if so required      sign a document prepared by the Sender acknowledging receipt of the      consignment but no such document shall be evidence of the condition or      correctness of the declared nature, quantity or weight of the consignment      at the time it is received by the Carriers.
• Unless upon receipt of the      consignment the Consignee or his agent notices the Carriers in writing (whether      on the consignment note or otherwise) of any loss or damage to the goods      and the general nature thereof, the Carriers are deemed to have delivered      the consignment prima facie in the same order and condition as when      received by them.

Lien and Sale (including undelivered and unclaimed consignments)

• The      consignment and each and every part thereof is accepted by the Company      subject: -
  • To a lien       upon such consignment for monies, charges or expenses due to it in       connection with the carriage or storage thereof;
  • To a general       lien upon such consignment for any other monies, charges or expenses due       to it.
• In case all      such monies, charges or expenses due are not paid in full within 30 Days      from the date upon which the Company first gives notice of the exercise of      its lien to the Customer and/or the Owner of the Consignment, the said      consignment or any part thereof may be sold and the proceeds of sale      applied in or towards the satisfaction of such monies, charges or expenses      and all costs incurred in relation to the exercise of the Company's lien      and the sale, and the Company shall account for any surplus.
• The liens      provided in (1) hereof shall be exercisable against the Customer and/or      owner of the goods and all other persons interested in the consignment or      any part thereof and are exercisable to recover monies, charges and      expenses due from any one or more of any such persons.
• Without      prejudice to the foregoing in the case of goods which are unidentifable      for whatever reason remaining undelivered and/or abandoned and unclaimed      the Company is empowered to sell them provided that reasonable steps have      been taken to identify the goods for the purposes of collection or      delivery.

Transit

• Transit begins when the goods are      handed to or collected by the Carriers for carriage.
• Transit shall be suspended:-
  • When the       goods are held by the Carriers at some place other than the destination       at the request of or for the convenience of the Customer or because the       Customer or Consignee refuses or is unable to take delivery at the       destination; or
  • When the       goods are detained for Customs purposes and shall be resumed when the       Carriers resume the carriage of the goods.
• Transit shall (unless otherwise      previously determined) end:-
  • in the case       of goods to be delivered by the Carriers when they are tendered at the       usual place of delivery within the customary delivery hours of the       district, or at such other times or places as may be agreed between the       Carriers and the Customer;
  • in the case       of goods not delivered by the Carriers awaiting order or collection, at       the expiration of one clear day after notice of arrival has been given       either orally or in writing to the Consignee or to the Sender when the       address of the Consignee is not known, provided that the addresses of       both the Sender and Consignee are not known, the said end shall be the       expiration of one clear day after the arrival of the goods at the place       to which they are consigned.
• The Carriers shall be entitled to      raise a charge in respect of any wasted or needless journeys made in attempting      to effect delivery of the goods

Storage

The Company will store the consignment after termination or during suspension of transit as defined in Condition 11 hereof (unless otherwise agreed) or if the Company accepts instruction for storage whether or not in connection with carriage or any consignment. With the exception of Conditions 5, 7 and 13 all storage shall be subject to the Conditions herein, and in addition to the following special provisions:-

• the Carriers shall not be liable      for any loss or misdelivery or damage or delay of whatever nature or      howsoever arising in the case of any consignment or part thereof;
  • except upon       proof that such loss or misdelivery or damage or delay has been caused by       the neglect or default of the Carriers;
  • caused either       wholly or partially and either directly or indirectly by fire or flood,       howsoever arising;
  • in respect       of which the Carriers have given notice that no suitable accommodation       for storage is available;
  • in respect       of which the Carriers have given notice that the Consignment is or has       become in their opinion unsuitable for storage.

·  

• The Company       may at any time require the Customer to remove the consignment and pay       all charges thereon by giving 48 hours notice of such requirement
• In the event       of the whole or any part of the consignment not being removed within 48       hours, the Carriers may after giving a further 28 days notice of their       intention to do so sell the whole or any part of such consignment and       payment or tender of the proceeds of sales after deducting the expenses       of sale and all other charges due in respect of the consignment shall       (without prejudice to any outstanding claim which the Customer may have       against the Company) discharge the Company from all liabilities in       respect of the consignment.
• Upon the Customer giving adequate      prior notice to the Company, the Company will permit the Customer to enter      upon the premises where the consignment is stored for the purposes of      inspecting the same at any reasonable time during the normal hours of      business.
• The Company shall not be liable      for any loss or misdelivery or damage or delay of whatever nature and      howsoever arising in regard to storage unless a claim is made in writing      to the Company within seven days of the date when the Customer first      acquires knowledge of such loss or misdelivery or damage or delay and      unless suit is commenced within one year of the said date; but the      Customer shall have the benefit of a like proviso to that in Condition      7(1) hereof in regard to any such claim and the benefit of a like      condition to Condition 7(3) hereof in regard to the said commencement of suit.

Means of transport

• Goods accepted by the company for      carriage may be carried by such route as the Carriers think it and these      conditions shall apply to whatever means or routes by which the goods are      carried.
• Goods carried wholly or partly by      water or air or rail shall in connection with liability in respect of such      carriage be carried subject to the applicable conditions of carriage by      water or air or rail of the carrier who carries the goods such conditions      to be read as though reference therein to water or air or rail carrier      were reference to the Company. In the absence of proof to the contrary      where goods are carried partly by land and partly by water or air or rail      and loss damage or delay shall be deemed to have occurred whilst the goods      are being carried by road.

Loading and unloading

• On collection or delivery at a      sender's or consignees premises the Carriers shall be under no obligation      to provide any plant, power or labour for loading or unloading.
• Subject to these Conditions, the      Carriers servants and/or employees have no authority to give assistance      other than under supervision in the loading and unloading at the usual      place of collection or delivery and the Company shall not be liable for      any loss or damage howsoever caused including negligence attributable to      such or to any other assistance given and the Customer shall indemnify the      Company against any claims made against the Company as a result of any      such assistance given.
• Consignments or part thereof      requiring special appliances for unloading from a road vehicle are      accepted for carriage only on the condition that the Customer has duly      ascertained from the Consignee that such appliances are available at      destination. Where the Carriers are, without prior arrangement in writing      having been made by the Customer, called upon to load or unload      consignments or parts thereof for which special appliances are required,      the Company shall be under no liability whatsoever to the Customer for any      damage howsoever caused, whether or not the negligence of the Carriers and      the Customers shall be responsible for and indemnify the Company against      any damage of liability which the Company may suffer or incur either      itself or in respect of loss, damage or injury suffered by the Carrier's      employed or any third party.

Computation of time

In the computation of time where the period provided by these Conditions is seven days or less, Saturdays, Sundays and public holidays shall not be included.

Other published regulations

All goods are carried or stored subject also to any other applicable published bye-laws, statutory instruments Acts or Regulations relating to the service of the Company for the time being in force, and in the event of conflict between such bye-laws, Acts, Regulations or statutory instruments and these Conditions the said bye-laws Acts, statutory instruments or Regulations shall prevail.

Service of Notices

Any notice to the Customer relating to any consignment or part thereof or required by or referred to in any of the provisions of these Conditions shall be conclusively regarded as served on the Customer if the same has been sent by post to the Customer at the Customer's last know address. Such service shall be treated for all purposes as having been effected on the Customer at the time when such notice would in the ordinary course of post have been delivered at the Customer's last known address.

Goods consigned in bond

In respect of dutiable goods consigned in bond, the Customer will indemnify the Company against claims made upon it by the commissioners of Customs & Excise whether or not transit has been suspended or ended.

Zero Rated Goods for Export

The Customer will indemnify the Company against any liability arising under Section 12(8) of the Finance Act 1972 or any statutory modifications or re-enactment thereof, in respect of a failure to export zero-rated goods or to comply with any conditions in relation to zero goods intended to be exported.

Dangerous Goods

• Except where the Company has      agreed in writing signed by a Director, the Company does not contract to      carry dangerous, verminous, restricted, infested, prohibited, contaminated      or condemned goods.
• Where the Company accepts      Dangerous Goods (in this Condition called "The Goods") for      carriage or storage the goods will be carried or stored subject to all the      foregoing Conditions and subject also to the Special Conditions specified      and referred to in this Condition and in the event of conflict between the      said Special Conditions and the foregoing, the said Special Conditions      shall prevail.
• The Special Conditions relating to      the carriage of goods are:-
  • previous       arrangements shall be made in writing with the Company for the conveyance       and storage of the goods;
  • at the time       of rendering the goods for carriage or storage the sender shall supply to       the Carrier a declaration in writing giving adequate and sufficient       information in relation to the nature of the goods and the hazard       presented, and including, but not limited to, safety instructions and       measures to be taken in the event of spillage, ingestion, inhalation or       contact with skin or eyes (whether or not required by statute);
  • the goods       shall be properly and sufficiently packed and labelled in accordance with       any requirements specified by the Company under 20(1) hereof or otherwise       with any statutory regulations in force applicable to the carriage of the       goods, including but not limited to the CPL and allied regulations;
  • Any       additional Conditions and/or requirements communicated to the the       Customer by the Company shall prevail;
  • In the event       of non-compliance with any of the provisions of this Condition:-
    • in any        event the Company shall not be under any liability whatsoever in respect        of the dangerous consignment save in the case of wilful misconduct by        the Carriers in which case liability shall be determined in accordance        with these Conditions: and
    • The        Customer will be responsible for and indemnify the Company against loss        or damage and claims made upon it for which it may be or become liable        in respect of injury to persons or damage to property unless the        Customer proves that the loss or damage or injury is due to the wilful        misconduct of the Carriers.
  • The Company       shall not be liable to loss of, or damage or delay to, the goods unless       the Customer proves that such loss, damage or delay was not caused wholly       or partly by failure on his part to comply with any of the Special       Conditions in paragraph 20(3) hereof.
  • The Company       may at any time at the sender's sole risk and expense return the whole or       any part of the dangerous consignment to the Customer (who shall receive       it at once) or destroy or otherwise dispose of the whole or any part       thereof if the Company is of the opinion that it is necessary or       advisable to do so.

Disputes

• Any disputes, question of      difference, which shall at any time, arise between the Customer and the      Company and their respective representatives arising from this Agreement      shall be referred to the English Courts.
• The construction, validity and      performance of this Agreement shall be governed by English Law.