1.1 The following items are not acceptable for carriage to any destination unless otherwise agreed to by CourierHome:
CourierHome excludes all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).
1.2 Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. CourierHome reserves the right to reject Packages based upon these limitations or for reasons of security or safety. CourierHome shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.
2. DANGEROUS GOODS
2.1 Not all CourierHome locations accept dangerous goods, certain CourierHome locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all CourierHome services. Sender must contact CourierHome for shipping confirmation/arrangements prior to shipping. CourierHome reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.
2.2 All Packages containing dangerous goods must comply with the law of the land and regulations prescribed therein.
2.3 The Sender will be solely responsible for any damage caused by his non-compliance with the law or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labelling, documentation, and with any other applicable laws, regulations or rules. The Sender is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules.
2.4 The Sender must comply with all applicable laws, regulations or rules governing packing, marking and labelling of Shipments of blood and blood products, regardless of whether they are infectious.
2.5 Note: CourierHome may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority. The Sender may be subject to fines and penalties under applicable law. The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to CourierHome or another air carrier. When individuals tender a Shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.
2.6 CourierHome is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintain
3. PACKAGING AND MARKING
3.1 All Packages must be prepared and packed by the Sender for safe transportation by road, rail or air assuming ordinary care in handling and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labelling. It is the responsibility of the Sender to properly complete the (Air) Waybill. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient.
3.2 Any articles susceptible to damage as a result of any condition, which may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by appropriate packaging by the Sender. CourierHome shall not be liable for any damage arising out of changes in temperature or pressure.
3.3 CourierHome does not provide temperature-controlled transport. Under no circumstances will CourierHome be obliged to add dry ice to Shipments or to provide re-icing services, notwithstanding any oral or written statements from the customer or CourierHome to the contrary. CourierHome does not recommend the use of wet ice (frozen water) as a refrigerant.
3.4 If the Recipient refuses a Package or the Package leaks, is damaged, or emits an odour (collectively "Leakage") it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of Leakage, the Sender will be liable for and agrees to reimburse and otherwise indemnify CourierHome for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Package. CourierHome reserves the right, without liability, to refuse or dispose of Package showing indications of Leakage.
4. INSPECTION OF SHIPMENTS
4.1 CourierHome may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.
4.2 In accordance with applicable regulations CourierHome is required to undertake (random) X-ray screening. CourierHome may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays (including but not limited to the Money Back Guarantee) as a result of screening.
5. UNDELIVERABLE SHIPMENTS
5.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
(i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located,
(ii) the Shipment was addressed to an area not served by CourierHome,
(iii) the Recipient's place of business is closed
(iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts,
(v) the Shipment is unable to clear customs,
(vi) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons,
(vii) the Shipment contains prohibited items,
(viii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment,
(ix) the Shipment was improperly packaged or
(x) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.
5.2 If a Shipment is undeliverable for any reason, CourierHome may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by CourierHome. CourierHome at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general warehouse or its storehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared or returned, the Shipment may be transferred or disposed of by CourierHome at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of CourierHome.
5.3 Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of CourierHome. Also included will be any other Charges incurred by CourierHome including but not limited to duties, taxes and storage fees, if applicable..
5.4 CourierHome will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, misdelivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from:
5.5 Except in case of intentional action of CourierHome, the Sender shall be liable for any damage caused by the Shipment to CourierHome or to a third party. The Sender shall guarantee and hold CourierHome harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.
5.6 Any payment made by CourierHome pursuant to a claim of the Sender or of a third party shall not be deemed to constitute an acceptance of liability.
6. MANDATORY LAW
These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law.
Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable international treaty, local law, government regulations, orders, or requirements, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between CourierHome and the Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.
7. DATA PROTECTION
7.1 CourierHome warrants that:
7.2 By submitting any personal data to CourierHome the Shipper consents to CourierHome using this data for the purposes of CourierHome (or its agents or subcontractors) performing their obligations under the relevant (Air) Waybill and the Conditions. In particular, the Shipper consents to CourierHome sharing shipment data, including personal data, to Customs if such is necessary for customs clearance and Customs may record and use that data for customs, safety and security purposes as required in the frame of the clearance process. The Shipper also consents to CourierHome sharing this data with CourierHome Corporation, its subsidiaries and branches, and confirms that CourierHome can do the same with the Consignee’s personal data.
7.3 In relation to any data provided by the Shipper concerning a Consignee or third party in connection with a Shipment, the Shipper warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to CourierHome and the processing by CourierHome of this data for the performance of the Shipment and, where the Shipper has provided data concerning a Consignee or third party in connection with a Shipment, then the Shipper warrants, represents and undertakes that, as agent on behalf of CourierHome, it has complied with all applicable data protection laws including providing the relevant data subject with all information in connection with the collection, transfer and processing of such data including, without limitation:
7.4 In connection with the performance of the Shipment CourierHome may use the services of subcontractors or agents and that data shall be transferred to them solely for the performance of their services in connection with such Shipment and in accordance with these Conditions.
8. APPLICABLE LAW
8.1 For any service related dispute, customer dispute or dispute relating to payments, the applicable law shall be the laws of India and the Courts of New Delhi, India shall have the sole jurisdiction to adjudicate any dispute in which CourierHome is a party.