TERMS & CONDITIONS OF CARRIAGE
When utilising Channel Islands Express Ltd’s. Services you, as "Consigner", are agreeing, on your behalf and on behalf of anyone else with an interest in the Consignment that the Terms and Conditions shall apply from the time that CHANNEL ISLANDS EXPRESS LTD. accepts the Consignment unless otherwise agreed in writing by an authorised officer of CHANNEL ISLANDS EXPRESS LTD.. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Consignment" means all documents or parcels that travel under one waybill and which may be carried by any means CHANNEL ISLANDS EXPRESS LTD. chooses, including air, road or any other carrier. A "waybill" shall include any label produced by CHANNEL ISLANDS EXPRESS LTD. automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Consignment is transported on a limited liability basis as provided herein. If Consigner requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "CHANNEL ISLANDS EXPRESS LTD." means any member of the CHANNEL ISLANDS EXPRESS LTD. Network.
1. Customs, Exports and Imports
CHANNEL ISLANDS EXPRESS LTD. may perform any of the following activities on Consigner’s behalf in order to provide its services to Consigner: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Consigner’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 Consignment to Receiver’s import broker or other address upon request by any person who CHANNEL ISLANDS EXPRESS LTD. believes in its reasonable opinion to be authorised.
2. Unacceptable Consignments
Consigner agrees that its Consignment 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 CHANNEL ISLANDS EXPRESS LTD. 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).
3. Deliveries & Undeliverables
Consignments cannot be delivered to PO boxes or postal codes. Consignments are delivered to the Receiver’s address given by Consigner (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Consignments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Consignment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or Receiver cannot be reasonably identified or located, CHANNEL ISLANDS EXPRESS LTD. shall use reasonable efforts to return the Consignment to Consigner at Consigner’s cost, failing which the Consignment may be released, disposed of or sold by CHANNEL ISLANDS EXPRESS LTD. without incurring any liability whatsoever to Consigner or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Consigner.
4. Inspection
CHANNEL ISLANDS EXPRESS LTD. has the right to open and inspect a Consignment without prior notice to Consigner.
5. Consignment Charges & Billing
Channel Islands Express Ltd. Consignment charges are calculated according to the higher of actual or volumetric weight and any Consignment may be re-weighed and re-measured by CHANNEL ISLANDS EXPRESS LTD. to confirm this calculation. Consigner shall pay or reimburse CHANNEL ISLANDS EXPRESS LTD. for all Consignment charges, storage charges, duties and taxes owed for services provided by CHANNEL ISLANDS EXPRESS LTD. or incurred by CHANNEL ISLANDS EXPRESS LTD. on Consigner’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Consignment is deemed unacceptable for transport as described in Section 2.
6. Channel Islands Express Ltd. Liability
CHANNEL ISLANDS EXPRESS LTD. contracts with Consigner on the basis that Channel Islands Express Ltd. Liability is strictly limited to direct loss only and to the per kilo 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 Channel Islands Express Ltd. Attention before or after acceptance of the Consignment since special risks can be insured by Consigner. If a Consignment combines carriage by air, road 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. Channel Islands Express Ltd. Liability in respect of any one Consignment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of €50.00 or: €10.00/kilogram for Consignments transported by air or other mode of transportation. Claims are limited to one claim per Consignment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Consigner regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Consignment Insurance) or make its own insurance arrangements, failing which Consigner assumes all risks of loss or damage.
7. Time Limits for Claims
All claims must be submitted in writing to CHANNEL ISLANDS EXPRESS LTD. within thirty (30) days from the date that CHANNEL ISLANDS EXPRESS LTD. accepted the Consignment, failing which CHANNEL ISLANDS EXPRESS LTD. shall have no liability whatsoever.
8. Consignment Insurance
CHANNEL ISLANDS EXPRESS LTD. can arrange insurance for Consigner covering the actual cash value in respect of loss of or physical damage to the Consignment, provided the Consigner notifies Channel Islands Express Ltd.in advance of shipment and pays an appropriate premium. Consignment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Delayed Consignments
CHANNEL ISLANDS EXPRESS LTD. will make every reasonable effort to deliver the Consignment according to Channel Islands Express Ltd. regular delivery schedules, but these are not guaranteed and do not form part of the contract. CHANNEL ISLANDS EXPRESS LTD. is not liable for any damages or loss caused by delays.
10. Circumstances beyond Channel Islands Express Ltd. Control
CHANNEL ISLANDS EXPRESS LTD. is not liable for any loss or damage arising out of circumstances beyond Channel Islands Express Ltd. control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Consignment, even if known to CHANNEL ISLANDS EXPRESS LTD.; riot or civil commotion; any act or omission by a person not employed or contracted by CHANNEL ISLANDS EXPRESS LTD. e.g. Consigner, Receiver, third party, Customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11. Warsaw Convention
If the Consignment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention ("Warsaw"), if applicable, governs and in most cases limits Channel Islands Express Ltd. Liability for loss or damage.
12. Consigner’s Warranties and Indemnity
Consigner shall indemnify and hold CHANNEL ISLANDS EXPRESS LTD. harmless for any loss or damage arising out of Consigner’s failure to comply with any applicable laws or regulations and for Consigner’s breach of the following warranties and representations: -
- all information provided by Consigner or its representatives is complete and accurate; the Consignment was prepared in secure premises by Consigner’s employees;
- Consigner employed reliable staff to prepare the Consignment;
- Consigner protected the Consignment against unauthorised interference during preparation, storage and transportation to CHANNEL ISLANDS EXPRESS LTD.;
- the Consignment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- all applicable Customs, import, export and other laws and regulations have been complied with;
- and the waybill has been signed by Consigner’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Consigner.
13. Routing
Consigner agrees to all routing and diversion, including the possibility that the Consignment may be carried via intermediate stopping places.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of CHANNEL ISLANDS EXPRESS LTD., to the jurisdiction of the courts of the United Kingdom.
15. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions
