The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us. "we", "us" and nextfllightcourier means nextflightcourier and subsidiaries and affiliates of nextflightcourier and nextflightcourier's employees, agents and independent contractors; "carrier" means any third party air carrier or transport company; "you" and 'your" means the sender, consignor or consignee of the shipment, holder of a consignment note, receiver and owner of the contents of the shipment, any other party having a legal interest in those contents or any party having an interest in the performance of other services; "carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment; "special services" means all services not being services for the carriage of shipments that are performed by us, such as storage, packing, special road delivery, onboard courier and/or air charter/s; "shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not; "prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any province/state or Federal Jurisdiction;
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage nd of other services is with nextflightcourier or the subsidiary or affiliate of nextflightcourier that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/other contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone e use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only one of our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4.SCOPE OF THE CONTRACT
a) Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
b) By concluding any type of contract with us that involves the carriage of goods you agree that: -the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road: - the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air: 4.1 CARRIER'S FAILURE nextflightcourier does not take responsibility if your shipment is delayed by the airline or any third party carrier.
5. DANGEROUS GOODS / SECURITY
5.1 DANGEROUS GOODS:
Nextflightcourier in any circumstances does not take dangerous goods. This is also consignor's responsibility to clearly declare on each and every way bill of nextflightcourier that their consignment does not contain dangerous goods.
5.2 AIR CARGO SECURITY REGULATIONS:
a) You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contains a prohibited article. You must give us a full description of the contents of the shipment on the waybill, or other accompanying document/s, and your rresoponsibilities and liabilities are not extinguished by providing this information. Shipments carried or handled by us may be subject to security screening which could include the use of X-ray equipment and you accept that your shipment maye opened and the contents of your shipment maybe examined in transit.
b) You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premised using reliable staff employed by you and that the shipment has been safeguarded against an unauthorised interference during preparation, storage and transportation immiediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
5.3 PROHIBITED ITEMS
We do not accept shipments that are deemed prohibited by carrier and/or any government agency.
6.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arise including without limitation breach of contract, negligence, willful act or default.
6.2 We are not liable if we do not fulfil any obligations towards you at all as a result of:
a) 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 (but not limited to) war, accidents, acts of public enemies, srikes, 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; -criminal acts of third parties such as theft and arson.
b) 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; -an act or omission of any customs, airlne, airport or government official.
c) the contents of the shipment consisting of any article that is a prohibited item eve though we may have accepted the shipment by mistake.
7. 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 actions against us 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.
8. CLAIMS PROCEDURE
If you wish to claim for a lost, damged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
a) you must notify us in writing about the los, damage or delay within 7 days after delivery of the shipment, within 7 days from the date you out reasonably to have become aware of the loss, damage or delay and then within the next 7 days you must document our claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered. We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amont of your claim from our charges;
b) we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when s/he accepted he shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
c) in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
d) the shipment shall not be deemed to be lost until at least7 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.