When ordering Metro Courier services you, as the '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 Metro Courier accepts the shipment unless otherwise agreed in writing by an authorized officer of Metro Courier. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected. 'Shipment' means all documents or parcels that travel under one waybill and which may be carried by any means Metro Courier chooses, including air, road, or any other carrier. A 'waybill' shall include any label produced by Metro Courier automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every shipment is transported on a limited liability basis as provided herein. If the shipper requires greater protection, then insurance cover may be arranged at an additional cost. (Please see below for further information). Metro Courier means and includes any member of the Metro Courier Worldwide Express Network.
Metro Courier may perform any of the following activities on the shipper's behalf in order to provide its services to the shipper:
The shipper agrees that its shipment is acceptable for transportation and is deemed unacceptable if:
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered only to the receiver's address given by the 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 addressed to a central receiving area will be delivered to that area. If the receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, if the receiver is not reasonably identified or located, Metro Courier shall make reasonable efforts to return the shipment to the shipper at the shipper's cost, failing which the shipment may be released, disposed of, or sold by Metro Courier without incurring any liability whatsoever to the shipper or anyone else, with the proceeds applied towards service charges and other related administrative costs and the balance, if any, of the proceeds of a sale is to be returned to the shipper.
Metro Courier has the right to open and inspect a shipment without prior notice to the shipper.
Metro Courier will levy shipment charges as calculated according to the higher of actual or volumetric weight, and any shipment may be re-weighed and re-measured by Metro Courier to confirm this calculation. The shipper shall pay or reimburse Metro Courier for all shipment charges, storage charges, duties, and incurred taxes for services provided by Metro Courier or incurred by Metro Courier on the shipper's or receiver's or any third party's behalf and all claims, damages, fines, and expenses incurred if the shipment is deemed unacceptable for transport as described in Section 2.
Metro Courier contracts with the shipper on the basis that Metro Courier's liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. 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 Metro Courier's attention before or after the acceptance of the shipment since special risks can be insured by the shipper. If a shipment combines carriage by air, road, or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Metro Courier's 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 the greater of US $100 or the equivalent currency of the origin country. For all postal services, our limited liability is only US $10 or the equivalent currency of the origin country. Claims are limited to one claim per shipment settlement, which will be a full and final settlement for all loss or damage in connection therewith. If the 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 insurance arrangements, failing which the shipper assumes all risks of loss or damage.
All claims must be submitted in writing to Metro Courier within thirty (30) days from the date that Metro Courier accepted the shipment, failing which Metro Courier shall have no liability whatsoever.
Metro Courier can arrange insurance for the shipper covering the actual cash value in respect of loss or physical damage to the shipment, provided the shipper completes the insurance section on the front of the waybill or requests Metro Courier and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
Metro Courier will make every reasonable effort to deliver the shipment according to Metro Courier's regular delivery schedules, but these are not guaranteed and do not form part of the contract. Metro Courier is not liable for any damage or loss caused by delays.
Metro Courier is not liable for any loss or damage arising out of circumstances beyond Metro Courier's control. These include but are not limited to: "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash, or embargo; any defect or characteristic related to the nature of the shipment, even if known to Metro Courier; riot or civil commotion; any act or omission by a person not employed or contracted by Metro Courier, e.g. shipper, receiver, third party, customs, or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data, or recordings.
If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and, in most cases, limits Metro Courier's liability for loss or damage.
The shipper shall indemnify and hold Metro Courier harmless for any loss or damage arising out of the shipper's failure to comply with any applicable laws or regulations and for the shipper's breach of the following warranties and representations:
The 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 Metro Courier, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the shipment, and the 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.
Except as otherwise provided, these Terms and Conditions may only be modified in writing agreed to by the shipper and Metro Courier.
Metro Courier will maintain the shipper's information in confidence subject to Metro Courier's applicable data protection provisions.
All charges, fees, surcharges, and rates are quoted in the currency of the origin country unless another currency is indicated by Metro Courier or its agent at or before the time that Metro Courier accepts the shipment for transportation.
The shipper is responsible for all taxes and duties applicable to the shipment, including but not limited to customs duties, import taxes, and value-added taxes. If Metro Courier is assessed with any liability for such taxes or duties, then the shipper shall reimburse Metro Courier accordingly or pay such amount on demand.
These Terms and Conditions constitute the entire agreement between the shipper and Metro Courier relating to the transportation of the shipment and shall supersede all prior written or oral understandings, representations, or agreements.