ICE Terms and Conditions

ICE Worldwide Express Couriers Ltd
IMPORTANT NOTICE
BY THE CONDITIONS SET OUT BELOW ICE WORLDWIDE EXPRESS COURIERS LIMITED. (HEREIN AFTER CALLED ICE") AND ITS SERVANTS AND AGENTS ARE FIRSTLY NOT TO BE LIABLE AT ALL FOR CERTAIN LOSSES AND DAMAGE AND SECONDLY, WHEREVER THEY ARE LIABLE, THE AMOUNT IS STRICTLY LIMITED TO THE AMOUNT STATED IN CONDITION 5.
CUSTOMERS ARE THEREFORE ADVISED TO PURCHASE INSURANCE COVER TO ENSURE THAT THEIR INTERESTS ARE FULLY PROTECTED IN ALL EVENTS.

1. THE AIRBILL

The ICE Airbill is NON-NEGOTIABLE and the Shipper acknowledges that it has been prepared by the Shipper or ICE on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorised agent of the owner of the goods transported hereunder, or it is the authorised agent of the owner of the goods, and that it hereby accepts ICE's terms and conditions for itself and as agent for and on behalf of any person having an interest in the shipment.

2. SHIPPERS OBLIGATIONS AND ACKNOWLEDGEMENTS

The Shipper warrants that each article in the shipment is properly described on the Airbill and has not been declared by ICE to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling. The Shipper hereby acknowledges that ICE may abandon and or release any items consigned by the Shipper to ICE, which ICE has declared to be unacceptable or which the Shipper undervalued for customs purposes or misdescribed whether intentionally or otherwise, without incurring any liability whatsoever to the Shipper and the Shipper will save and defend indemnify and hold ICE harmless from all claims, damages, fines and expenses arising there from. The Shipper shall be solely liable for all costs and expense related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.

3. RIGHT OF INSPECTION OF SHIPMENT

ICE has the right, but no obligation, to inspect any shipment including, without limitations, opening the shipment.

4. LIEN ON GOODS SHIPPED

ICE shall have the lien on any goods shipped for all freight charges, customs duties, advances and of there charges of any kind arising out of transportation hereunder and may refuse to surrender possessions of the goods until charges are paid.

5. Charges

Transit charges are subject to change without prior notice and will be payable by you with 30 days of the month end the invoice was raised in. All charges expressed exclusive of VAT which maybe chargeable and which will be payable in addition by you.
If for any reason you do not pay any sum payable to us on the due date, without prejudice to any other rights which we may have: we may charge and you will pay interest upon such sum from the due date until payment is received in full, both before and after any judgment at 10% of the total amount per month.
We may recover our costs and any expenses of collecting such amounts. We may also suspend deliveries of other consignments until the outstanding amount has been received by us, and any other sums or whether such sums are due or paid in the future will become immediately due and payable.
We reserve the right levy a surcharge on any invoice rendered under a minimum net value of £25.00.
All payments due from you under these conditions will be made without deduction whether by way of counterclaim, set-off or deduction to be paid by us. You will notify us of any change in your name, address or other circumstances that may effect the payment of any charges at least 14 days in advance of the date of such changes.
All queries relating to invoiced charges must be received in writing within 14 days of the date of the invoice.

6. LIMITATIONS TO LIABILITY

Without prejudice to clause 7, the liability of ICE for any loss or damage to a shipment (which term shall include all documents or parcels consigned to ICE under the Airbill) is limited to the lesser of
a) £10.00 per kilo carried to a maximum of 10 KGS
b) The amount of loss or damage to a document or parcel actually sustained, or
c) The actual value of the document or parcel as determined under clause 6 hereof without regard to its commercial utility or special value to the shipper.

7. ACTUAL VALUE:

a) The actual value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction, or reconstruction value at the time and place of shipment, whichever is less.
b) The actual value of a parcel (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article paid by the Shipper.

8. CONSEQUENTIAL DAMAGES EXCLUDED:

ICE shall not be liable, in any event, for any consequential or special damages or other direct loss, however arising, whether or not ICE had acknowledges that such damages or loss of income, profits, interests, utility or loss of market.

9. LIABILITIES NOT ASSUMED

While ICE will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, ICE WILL NOT UNDER ANY CIRCUMSTANCES, BE LIABLE FORMALLY IN PICK-UP TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY
Further, ICE shall not be liable for any loss, damage, mis-delivery or non delivery
a) Due to Act of God, Force Majeure, Occurrence, War, Riot, Hijack or any other cause reasonably beyond control of ICE or caused by
b) The act default of omission of the Shipper, the consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof), or of any person other than ICE, or of any customs of other government officials, or of any postal service, forwarder or other entity or person to whom a shipment is tendered by ICE for transportation to any location not regularly served by ICE, regardless of wither the Shipper requested or had knowledge of such third party delivery arrangement.
c) The nature of the shipment of any defect, characteristic, or inherent vice thereof.
d) Electrical or magnetic injury, erasure or other such damage or electronic or photographic images or recording in any form.

10. CLAIMS:

a) Any claims must be brought by the Shipper and delivered in writing to the office of ICE nearest the location at which the shipment was accepted within 48 hours of such acceptance. No claims may be made against ICE outside that time limit.
b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount if any such claim may not be deducted from any transportation charged owed to ICE.

11. APPLICABILITY:

These terms and conditions shall apply to and incur to the benefit of ICE Worldwide Express Couriers Limited and its authorized agents, affiliated companies, and their officers, directors and employees.

12. WARSAW CONVENTION

If the transportation of any consignment involves an ultimate destination or stop in a country of departure, the Warsaw Convention may be applicable and the Convention governs, and in most cases further limits the liability of ICE in respect of loss, damage to such consignment.

13. INSURANCE:

a) At the request of the Shipper and upon payment therefore cover can be purchased for a premium charge of £15. 00.for an amount not exceeding £1500.00 or 1.5% of the value of the goods to be insured. ICE will arrange on behalf of the Shipper an amount not exceeding £65,000.00
b) The insurance coverage shall be governed by all the terms & conditions contained in the policy of insurance issued by the insurance company
c) CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OF INSURANCE:

14. THE RIGHT TO INSTRUCT THIRD PARTY COURIERS:

ICE shall have the right, but no obligation to instruct third party couriers, common or otherwise, in respect of any shipment which ICE maybe instructed to carry or transport.