ParcelAce - Custom Logistics Ecosystem

 

  1. ITEMS UNACCEPTABLE FOR CARRIAGE

1.1 The following items are not acceptable for carriage to any destination unless otherwise agreed to by :

  • MONEY (coins, cash, currency paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters), COLLECTABLE COINS AND STAMPS;
  • EXPLOSIVES (Class 1.3 explosives are not acceptable for carriage by . In certain countries Class 1.4 explosives may be acceptable for carriage, Customer Service should be contacted prior to shipment for details), FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
  • HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS;
  • FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;
  • FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
  • PLANTS AND PLANT MATERIAL, INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
  • LOTTERY TICKETS, GAMBLING DEVICES WHERE PROHIBITED BY LAW;
  • PERISHABLES unless advance arrangements are made;
  • PORNOGRAPHY AND/OR OBSCENE MATERIAL;
  • SHIPMENTS BEING PROCESSED UNDER the following unless advance arrangements are made:
  • CARNETS (allow temporary import for display, etc. without duties);
  • DRAWBACK CLAIMS (requests for refunds of import duties at time of export);
  • TEMPORARY IMPORT BONDS (allow temporary import for repair, etc.);
  • Letters of Credit
  • HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
  • WET ICE (FROZEN WATER);
  • SHIPMENTS REQUIRING TO OBTAIN ANY SPECIAL LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;
  • SHIPMENTS THE CARRIAGE, IMPORTATION OR EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;
  • SHIPMENTS WITH A DECLARED VALUE FOR CUSTOMS IN EXCESS OF THAT PERMITTED
  • DANGEROUS GOODS EXCEPT AS PERMITTED UNDER LAW
  • DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED;
  • PACKAGES THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;
  • PACKAGES THAT ARE WRAPPED IN KRAFT PAPER;
  • LIVE ANIMALS AND INSECTS EXCEPT WHEN THE SHIPMENT IS COORDINATED AND APPROVED BY THE LIVE ANIMAL DESK. CUSTOMERS CAN CONTACT LOCALLY FOR MORE ASSISTANCE. HOUSEHOLD PETS AND LIVE FISH ARE NOT ACCEPTED;
  • SHIPMENTS THAT MAY CAUSE DAMAGE TO OR DELAY OF, EQUIPMENT, PERSONNEL OR OTHER SHIPMENTS.

excludes all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).

1.2 Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. reserves the right to reject Packages based upon these limitations or for reasons of security or safety. shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request. 

2. DANGEROUS GOODS

2.1 Not all locations accept dangerous goods, certain locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all services. Sender must contact for shipping confirmation/arrangements prior to shipping. reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.

2.2 All Packages containing dangerous goods must comply with the law of the land and regulations prescribed therein.

2.3 The Sender will be solely responsible for any damage caused by his non-compliance with the law or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labelling, documentation, and with any other applicable laws, regulations or rules. The Sender is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules.

2.4 The Sender must comply with all applicable laws, regulations or rules governing packing, marking and labelling of Shipments of blood and blood products, regardless of whether they are infectious.

2.5 Note: may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority. The Sender may be subject to fines and penalties under applicable law. The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to or another air carrier. When individuals tender a Shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.

2.6 is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintain

 

3. PACKAGING AND MARKING

3.1 All Packages must be prepared and packed by the Sender for safe transportation by road, rail or air assuming ordinary care in handling and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labelling. It is the responsibility of the Sender to properly complete the (Air) Waybill. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient.

3.2 Any articles susceptible to damage as a result of any condition, which may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by appropriate packaging by the Sender. shall not be liable for any damage arising out of changes in temperature or pressure.

3.3 does not provide temperature-controlled transport. Under no circumstances will be obliged to add dry ice to Shipments or to provide re-icing services, notwithstanding any oral or written statements from the customer or to the contrary. does not recommend the use of wet ice (frozen water) as a refrigerant.

3.4 If the Recipient refuses a Package or the Package leaks, is damaged, or emits an odour (collectively "Leakage") it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of Leakage, the Sender will be liable for and agrees to reimburse and otherwise indemnify for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Package. reserves the right, without liability, to refuse or dispose of Package showing indications of Leakage.

4. INSPECTION OF SHIPMENTS

4.1 may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.

 

4.2 In accordance with applicable regulations is required to undertake (random) X-ray screening. may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays (including but not limited to the Money Back Guarantee) as a result of screening.

5. UNDELIVERABLE SHIPMENTS

5.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:

(i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located,

(ii) the Shipment was addressed to an area not served by ,

(iii) the Recipient's place of business is closed

(iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts,

(v) the Shipment is unable to clear customs,

(vi) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons,

(vii) the Shipment contains prohibited items,

(viii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment,

(ix) the Shipment was improperly packaged or

(x) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.

5.2 If a Shipment is undeliverable for any reason, may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by . at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general warehouse or its storehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared or returned, the Shipment may be transferred or disposed of by at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of .

5.3 Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of . Also included will be any other Charges incurred by including but not limited to duties, taxes and storage fees, if applicable..

5.4 will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, misdelivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from:

  • the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;
  • the nature of the Shipment or any defect, characteristic or inherent vice thereof;
  • the violation of any of the terms and conditions contained on the (Air) Waybill or these Conditions, tariff or other terms and conditions applicable to the Shipment including, but not limited to, the incorrect declaration of the cargo, the improper or insufficient packing, securing, marking or addressing of Shipments;
  • any events beyond the control of including but not limited to perils of the air, public enemies, public authorities acting with apparent or actual authority, acts or omissions of Customs officials, riots, strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person(s) or entities including acts of terrorism, strikes or anticipated strikes (of any entity, including but not limited to other carriers, vendors or suppliers), natural disasters, disruption or failure of communication and information systems (including, but not limited to, systems), mechanical delay or conditions that present a danger to personnel;
  • the acts or omissions of any person other than , compliance with verbal or written delivery instructions from the Sender, Recipient or persons claiming to represent the Sender or Recipient;
  • the loss of or damage to articles packed and sealed in Packages by the Sender, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity;
  • any delay in delivery or ’s inability or failure to complete a delivery due to acts or omissions of Customs or other regulatory agencies
  • delays in delivery caused by adherence to policies regarding the payment of duties and taxes;
  • the inability of to provide a copy of the delivery record or a copy of the signature obtained at delivery;
  • the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;
  • damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers such as those used in laboratory environments or other inherently fragile items;
  • The Sender’s failure to ship goods in packaging approved by prior to shipment, where such prior approval is recommended or required;
  • ’s failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice;
  • Shipments released without obtaining a signature if a release delivery authorization signed by the Recipient is on file;
  • ’s failure or inability to attempt to contact the Sender or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Shipment, or incomplete or incorrect custom’s broker’s address;
  • loss of or damage to any Package for which has no record of receipt;
  • Shipment of scale models (including but not limited to, architectural models, doll houses, etc.);
  • damage to briefcases, luggage, garment bags, aluminium cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in an adequate, protective container for shipment;
  • damage, delay or loss of any Shipment containing a prohibited item;
  • damage arising from any failure by the Sender to pack the material shipped in a manner adequate to protect it from damage, adequacy being assessed in the reasonable determination of having regard to handling normally to be expected in the hands of a carrier such as ;
  • The loss or any personal or financial information including but not limited to, social security numbers, dates of birth, drivers license numbers, credit or debit card numbers and financial account information;
  • The Sender’s failure to delete all Shipments entered into a self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a Package when the Shipment is not tendered to ;
  • The use of an incomplete, inaccurate, or invalid Account Number or a failure to provide a valid Account Number in good credit standing in the billing instructions on shipping documentation;
  • The shipment of perishables or commodities that could be damaged by exposure to heat or cold, including, but not limited to, the shipment of any alcoholic beverages, plants and plant materials, tobacco products, ostrich or emu eggs, or live aquaculture;
  • Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:
  • The manufacturer's original packaging, which is undamaged and has retained a good, rigid condition;
  • Packaging that is in accordance with the packaging guidelines available on .com;
  • laptop packaging, for Shipments of laptop computers;
  • Provision of packaging, advice, assistance or guidance on the appropriate packaging of Shipments by does not constitute acceptance of liability by unless such advice, assistance or guidance has been approved in writing by Packaging Design and Development and the writing expressly accepts liability in the event of a damaged Shipment;
  • Damages indicated by any shockwatch, tiltmeter or temperature instruments;
  • Failing to meet our Delivery Commitment Time for any Shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.);
  • Loss or damage to alcohol Shipments unless an approved packaging type is used or Packaging Design and Development has pre-approved such packaging prior to shipment;
  • Dangerous goods Shipments that the Sender did not properly declare, including proper documentation, markings, labels and packaging. will not pay a claim on undeclared or hidden dangerous goods and the Money Back Guarantee does not apply;
  • will not be liable for the failure to provide any services or service options where records do not reflect that the services or service options were selected by the Sender.

5.5 Except in case of intentional action of , the Sender shall be liable for any damage caused by the Shipment to or to a third party. The Sender shall guarantee and hold harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.

5.6 Any payment made by pursuant to a claim of the Sender or of a third party shall not be deemed to constitute an acceptance of liability.

6. MANDATORY LAW

These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law.

Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable international treaty, local law, government regulations, orders, or requirements, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between and the Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.

7. DATA PROTECTION

7.1 warrants that:

  • it shall comply with all mandatory applicable laws, regulations and rules concerning data protection or privacy in relation to personal data processed by it for the performance of a Shipment.
  • it shall maintain appropriate security systems in relation to data held by it to prevent unlawful or unauthorised accessing or use of data and the accidental loss or destruction of, or damage to, such data.
  • it shall only process any personal data to the extent necessary for the performance of the Shipment.
  • the data shall only be held for as long as is reasonably necessary.

7.2 By submitting any personal data to the Shipper consents to using this data for the purposes of (or its agents or subcontractors) performing their obligations under the relevant (Air) Waybill and the Conditions. In particular, the Shipper consents to sharing shipment data, including personal data, to Customs if such is necessary for customs clearance and Customs may record and use that data for customs, safety and security purposes as required in the frame of the clearance process. The Shipper also consents to sharing this data with Corporation, its subsidiaries and branches, and confirms that can do the same with the Consignee’s personal data.

7.3 In relation to any data provided by the Shipper concerning a Consignee or third party in connection with a Shipment, the Shipper warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to and the processing by of this data for the performance of the Shipment and, where the Shipper has provided data concerning a Consignee or third party in connection with a Shipment, then the Shipper warrants, represents and undertakes that, as agent on behalf of , it has complied with all applicable data protection laws including providing the relevant data subject with all information in connection with the collection, transfer and processing of such data including, without limitation:

  • the identity of as data controller;
  • the purposes of the processing, being in respect of the delivery of the Shipment;
  • the categories of data which the Shipper will pass to ;
  • confirmation that the data is to be passed to and to ' affiliates located in and/or out of the European Economic Area, including in the United States, in connection with the performance of the Shipment, including alternative delivery instructions received from the Recipient;
  • the mandatory or optional nature of providing data and the consequences in case of refusal to provide date;
  • the data subject's rights to access the data and request the rectification of inaccurate data or to oppose to its processing for legitimate purposes, and contact details that may be used to exercise such rights.
  • The Shipper will indemnify in respect of all costs, claims, damages and expenses suffered or incurred by in connection with the Sender's failure to comply with this condition 26.3.

7.4 In connection with the performance of the Shipment may use the services of subcontractors or agents and that data shall be transferred to them solely for the performance of their services in connection with such Shipment and in accordance with these Conditions.

8. APPLICABLE LAW

8.1  For any service related dispute, customer dispute or dispute relating to payments, the applicable law shall be the laws of India and the Courts of New Delhi, India shall have the sole jurisdiction to adjudicate any dispute in which is a party.