TERMS AND CONDITIONS OF CARRIAGE
When ordering PCEXPRESS services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that PCEXPRESS accepts the Shipment unless otherwise agreed in writing by an authorized officer of PCEXPRESS.
"Shipment" means all documents or parcels that travel under one way bill and which may be carried by any means PCEXPRESS chooses, including air, road or any other carrier. A "waybill" shall include any label produced by PCEXPRESS automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance maybe arranged at an additional cost. (Please see below for further information).
" PCEXPRESS " means any member of the PCEXPRESS Express Network.
1. Customs, Exports and Imports
PCEXPRESS may perform anyof the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and payany duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who PCEXPRESS believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organization;
• no customs declaration is made when required by applicable customs regulations;
• it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearerform negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornographyor illegal narcotics/drugs),
• it contains any other item which PCEXPRESS decides cannot be carried safely or legally, or
• its packaging is defective or inadequate.
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay fordelivery, PCEXPRESS shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or soldby PCEXPRESS without incurring any liability whatsoever to Shipper or any one else,with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
PCEXPRESS has the right to open and inspect a Shipment without notice.
5. Shipment Charges
PCEXPRESS ' Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by PCEXPRESS to confirm this calculation. Shipper shall pay or reimburse PCEXPRESS for all Shipment charges,ancillary charges, duties and taxes owed for services provided by PCEXPRESS orincurred by PCEXPRESS on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptablefor transport as described in Section 2.
6. PCEXPRESS ' Liability
PCEXPRESS ' liability is strictly limited to direct loss and damage only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, futurebusiness), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to PCEXPRESS ' attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road orother mode of transport, it shall be deemed to have been carried byair. PCEXPRESS ' liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed:
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection there with. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurancear rangements, failing which Shipper assumes all risks of loss ordamage.
7. Time Limits for Claims
All claims must be submitted in writing to PCEXPRESS after thirty(30) days from the date that PCEXPRESS accepted the Shipment, failing which PCEXPRESS shall have no liability whatsoever.
8. Shipment Insurance
PCEXPRESS can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via PCEXPRESS ' automated systems and pays the applicable premium.
Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Delayed Shipments
PCEXPRESS will make every reasonable effort to deliver the Shipment according to PCEXPRESS ' regular delivery schedules, but these schedules are not binding and do not form part of the contract. PCEXPRESS is not liable for any damages or loss caused by delays.
Customs clearance for each parcel is a government action and it may delay the arrival date. No private companies can affect their progress. If the delay of customs clearance is morethan 3 months, the consumer of the parcel may lodge an written report to PCEXPRESS for investigation. If the investigation confirms the loss of theparcel , the consumer of the lost parcel may apply for the claim according to the corresponding claim rules of PCEXPRESS . The claim rules are as follows. If the consumer paid the insurance for the lost parcel, he or she may claim for the actual value of the lost parcel. If the consumer did not pay the insurance for the lost parcel, he or she may claim for the consignment fee for the lost parcel only.
A natural person who has neither registered the business in New Zealand Business Register nor holds a current New Zealand exportation licence and who trades in products with his other customers overseas in New Zealand is a serious offence in terms of commonwealth law. When this person who uses PCEXPRESS to consign products to an oversea country for the commercial purpose, he or she is not defined as the consumer in commonwealth law and must be responsible for his or her own offence. This type of customer can never tell PCEXPRESS about his or her real purpose of the shipment which may be for commercial purpose; therefore, PCEXPRESS as a forwarder will not be responsible for this customer's offence. PCEXPRESS will not be responsible for the delay of the clearance of this type of customer.
10. Circumstances Beyond PCEXPRESS ' Control
PCEXPRESS is not liable for any loss or damage arising out of circumstances beyond PCEXPRESS ' control. These include but are not limited to: electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to PCEXPRESS; any act or omission by a person not employed or contracted by PCEXPRESS -e.g.Shipper, Receiver, third party, customs or other government official; “ForceMajeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crashorembargo, riot or civil commotion, industrial action.
11. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply.These conventions limit PCEXPRESS ' liability for loss or damage.
12. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold PCEXPRESS harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment was prepared in secure premises by Shipper's employees;
• Shipper employed reliable staff to prepare the Shipment;
• Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to PCEXPRESS;
• the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
• all applicable customs, import, export and other laws and regulations have been complied with; and
• the waybill has been signed by Shipper's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of PCEXPRESS, to the non-exclusive jurisdiction of the courts of,and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Termsand Conditions.
22. 本服务条款中文版本仅供参考，以上面英文版本为准。23. 本服务条款解释权归鹏程快递所有。