When ordering the services of Harbor Post, or any member of the Harbor Post NETWORK of services (from herein after known as “Harbor Post”) you, as the shipper of goods (the “Shipper”), are agreeing, on your behalf and on the behalf of the receiver of the shipment (the "Receiver") and anyone else with an interest in the shipment, that the Terms and Conditions of the Agreement shall apply. "Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means HarborPost chooses, including air, road or any other carrier companies. A "waybill" shall include any Shipment Identifier or document produced by HarborPost or Shipper Automated Systems such as a label, barcode, waybill or consignment note, as well as any electronic version thereof. Every shipment is transported on a limited liability basis as provided herein. If the Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see below for further information.)
HarborPost will be responsible to perform any of the following activities on the Shipper's behalf in order to provide its services:
A Shipment is deemed unacceptable if:
Shipments cannot be delivered to Post Office Boxes (P.O. Boxes) or postal codes that do not have a proper street address with appropriate apartment or suite numbers. Shipments are delivered to the Receiver's address as given by the Shipper, but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. HarborPost may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a HarborPost Service Point. Shipper may exclude certain delivery options on request. If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, HarborPost shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. HarborPost shall have the right to destroy any Shipment which any law prevents HarborPost from returning to Shipper as well as any Shipment of Dangerous Goods.
HarborPost has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
HarborPost's Shipment Charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by HarborPost to confirm this calculation. Shipper, or the Receiver (when HarborPost acts on Receiver's behalf), shall pay or reimburse HarborPost for all Shipment or other charges due, or Customs Duties owed for services provided by HarborPost or incurred by HarborPost on Shipper's or Receiver's behalf. Payment of Customs Duties may be requested prior to delivery. If HarborPost uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with HarborPost, HarborPost shall be entitled to assess a fee.
6.1 HarborPost's liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $0.00 to $26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply. For cross border Shipments transported by road, Harbor Post's liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) $8.33 Special Drawing Rights per kilogram (approximately $0.00 to $14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law. If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in Section 8 or make its own insurance arrangements. HarborPost's liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section
6.2 All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to HarborPost's attention.
6.3 HarborPost will make every reasonable effort to deliver the Shipment according to HarborPost's regular delivery schedules, but these schedules are not binding and do not form part of the contract. HarborPost is not liable for any damages or loss caused by delay.
All claims must be submitted in writing to HarborPost within thirty (30) days from the date that HarborPost accepted the Shipment, failing which HarborPost shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
HarborPost may be able to arrange Value Protection covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs HarborPost in writing, by completing the Value Protection Section on the front of the waybill or by HarborPost's automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays.
HarborPost is not liable for any loss or damage arising out of circumstances beyond HarborPost's 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 HarborPost; any act or omission by a person not employed or contracted by HarborPost - e.g. Shipper, Receiver, third party, customs or other government official; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipper shall indemnify and hold HarborPost harmless for any loss or damage arising out of Shipper's failure to comply with the following warranties and representations:
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Harbor Post, 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 Terms and Conditions.