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Terms & Conditions
Agreement to Terms
By giving your envelope, package, or other shipment to Econo Express
Courier (hereafter, "EEC") for carriage, or authorizing EEC to pickup
in your name, you agree to all the terms stated herein. Anything you
give to EEC for carriage, or anything we pickup in your name shall be
defined as a "shipment" in these Agreement to Terms. You also agree to
these terms on behalf of any third party with an interest in the
shipment. No one is authorized to modify the terms of our
agreement. EEC may modify these Terms and Conditions from time to
time. Services provided are subject to the current Terms and
Conditions. Current Terms and Conditions are available on the internet
at www.EconoExpressCourier.com and
a written copy may be obtained by calling EEC's office at (902)
406-4343.
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, EEC has the option of recalculating all charges to those
shown in the current tariff. Overdue balances are subject to interest
calculated at 1.5% per month (19.6% per annum) which shall accrue and
be payable to EEC on all outstanding monies. This is in addition to any
legal rights and remedies available to EEC.
Limitations of
Liability and Liabilities Not Assumed
If your shipment consists of envelopes, our
maximum liability per envelope is limited to the lesser of your actual
damages or $100, subject to a maximum of $5,000 for the entire
shipment, unless you declare a higher value, pay an additional charge,
and document your actual loss in a timely manner. If your shipment is
other than envelopes, our maximum liability is limited to the lesser of
your actual damages or $2.00 per pound (or $4.41 per kilogram), unless
a higher ‘declared’ value is made at the time the shipment is placed
and you pay an additional premium. If you declare a higher value and
pay the additional charge, our maximum liability, whether the shipment
is envelopes or other items, 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, acts of public enemies, 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.
We 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
Without prior written agreement, the insured value of a shipment cannot
exceed $5,000.00.
Filing a Claim
EEC 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 in writing within 15 days from the date of your shipment.
Within 90 days after you notify us of your claim, you must send us all
the information you have about it. EEC won’t be obligated to act on any
claim until you have paid all of our charges, and you may not deduct
the amount of your claim from those charges.
Responsibility for Payment
Regardless of the payment instructions you
give us, 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.
For more information
about how
Econo Express
Courier can meet your Same-Day transportation
needs, call our friendly Customer Service Representatives in Halifax
(Metro area) 406-4343 or out of town call our Toll Free line
1-866-740-4343 or
e-mail us at info@econoexpresscourier.com.
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