Terms
& Conditions
Agreement
to Terms
By giving your package to Columbus Delivery Service for shipment,
you agree to all the terms stated herein. No one is authorized
to modify the terms of our agreement.
Rates
- Payment
Invoices are payable upon receipt. Any discounts applied to
an order are subject to payment being received on time, where
payment for a shipment has not been received within 30 days
of invoice, Columbus Delivery Service has the option of recalculating
all charges to those shown in the current tariff. Overdue
balances are subject to interest calculated at 2% per month
(19.6% per annum) which shall accrue and be payable to Columbus
Delivery Service on all outstanding monies. This is in addition
to any legal rights and remedies available to Columbus Delivery
Service.
Limitations
of Liability and Liabilities not Assumed
Unless a greater value is declared in writing, our maximum
liability is $100.00. If you declare a higher value and pay
the additional charge, our maximum liability will be the lesser
of your declared value or the actual loss.
We shall not be
liable for any damages, whether direct, incidental (for example,
alternate carrier transportation costs), consequential (for
example, loss of profits or income), or special, whether or
not we knew that such damages might be incurred in any manner
resulting from misdelivery, failure to deliver or delay in
delivery, in excess of: (i) in the case of fundamental breach
of the contract of carriage, an amount equal to our maximum
liability and the amount of all freight and other charges
paid hereunder (ii) in the case of delay, a refund of your
transportation charges, and (iii) in any other case, an amount
equal to our maximum liability.
We shall
not be liable for loss, damage or delay caused by events we
cannot reasonably foresee or control, including but not limited
to acts of God, perils of the air, weather conditions, mechanical
delays, war, riots, strikes, civil commotions, a defect or
inherent vice in the goods, the acts or default (including
but not limited to improper or insufficient packing, securing,
marking or addressing of the shipment) by the shipper, owner,
or consignee of, or anyone else with an interest in the shipment
or any part thereof, authority of laws, or acts or omissions
of public authorities (including customs and quarantine officials)
with actual or apparent authority.
Columbus
Delivery Service will not be liable if you or the consignee
violates any of the terms of our agreement, or for loss or
damage to shipments of prohibited items, including cash or
currency. We cannot accept responsibility for loss, damage
or delay of your shipment if caused by any carrier you have
designated us to use for any portion of carriage.
Declared
Value Limits
Unless a greater value is declared in writing, our maximum
liability is $100.00. This applies to all forms of services
regardless of service type or weight.
Filing
a Claim
Columbus Delivery Service will not be liable for loss, damage
or delay to any packages unless notice thereof setting out
particulars of the origin, destination and date of shipment
of the goods and the estimated amount of claim in respect
of such loss, damage or delay is given to us within 15 days
from the date of your shipment.
Responsibility
for Payment
Regardless of the payment instructions you provide Columbus
Delivery Service, you will always be primarily responsible
for all delivery charges. You will also be responsible for
any costs we may incur in either returning your shipment to
you or warehousing it pending disposition.
Indemnity
You shall indemnify us and hold us harmless against all liabilities,
losses, claims, damages, costs and expenses of any nature
whatsoever incurred as a consequence of your non-observance
of any regulation of whatever nature which you are required
to observe with regard to or in connection with the carriage
of the goods shipped.
Applicable
Law
The carriage of goods shall be deemed to include and be subject
to the terms and conditions prescribed by law in the jurisdiction
where the goods originate.
Severability
If any term, covenant or condition herein is held to be invalid,
illegal or unenforceable, the validity, legality and enforceability
of the remainder of this agreement shall in no way be affected
or impaired and shall be valid and enforced to the fullest
extent permitted by law.
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