Terms and Conditions

TERMS AND CONDITIONS OF CONTRACT

1.  In tendering the shipment for carriage the shipper agrees to these TERMS AND CONDITIONS OF CONTRACT which no agent or employee of these parties may alter and that this City Express Bill of Lading has been prepared by him or on his behalf by City Express.
2. In tendering the shipment of carriage, THE SHIPPER WARRANTS that the shipment is packaged adequately to protect the enclosed goods and insure safe transportation with ordinary care and handling, and that each package is appropriately labeled and is in good order (except as noted) for carriage as specified. The shipper further warrants to City Express that the content of the shipment may be lawfully carried over public highways and/or aboard airline aircraft and is not a prohibited commodity under any applicable law of regulation.
3. DECLARED VALUE AND LIMITATIONS OF LIABILITY. THE LIABILITY OF CITY EXPRESS IS LIMITED TO THE ACTUAL VALUE OF THE PACKAGE UP TO $100 unless a higher value is declared for carriage herein and a greater charge paid at the rate of 70 cents per $100 value. The maximum higher declared value is $1,000. Shipments containing items of extraordinary intrinsic value is such as money, currency, furs, stones, computers and electronic components, etc. are limited to a maximum declared value of $100. When multiple packages are placed on a single Bill of Lading but the shipper has not specified the declared value of each individual package, the declared value for each individual package will be determined by dividing the total declared value on the Bill of Lading by the number of packages indicated on the Bill of Lading up to the actual value of each individual package or $100 whichever is less.
   City Express is not liable for loss, delays, mis-delivery or nondelivery not caused by its own negligence or any loss, damage, delay, mis-delivery or nondelivery caused by: (1) the act, default or omission of the shipper, consignee, or consignor; (2) the nature of the shipment or defect or inherent vice thereof; (3) improper or insufficient packing, securing or addressing of the package; (4) acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority, authority of law, riots, strikes or other local disputes, civil commotions, weather conditions or mechanical delays of the trucks or aircraft. CITY EXPRESS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT CITY EXPRESS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
4. CLAIMS. No action maybe brought to recover damages for loss or injury to the goods UNLESS WRITTEN NOTICE OF LOSS DUE TO DAMAGE, SHORTAGE OR DELAY IS REPORTED BY THE SHIPPER WITHIN 15 DAYS AFTER THE DELIVERY OF THE SHIPMENT. WRITTEN NOTICE OF LOSS DUE TO NON-DELIVERY MUST BE REPORTED BY THE SHIPPER WITHIN 30 DAYS AFTER ACCEPTANCE OF THE SHIPMENT OR CARRIAGE. No claim for loss to a shipment will be entertained until all transportation charges thereon have been paid. The amount of claims may not be deducted from transportation charges. Claims for overcharges and refund must be made in writing to City Express within two (2) months of the billing date. All claims must be filed by the shipper.
5. Notwithstanding the shipper's instructions to the contrary, the shipper will be primarily liable for all costs and expenses related to the shipment of the package, and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.
6. City Express assumes no responsibility for billing disputes resulting from inaccuracies contained in, or omissions from, the bill of lading.
7. All amounts due over 30 days shall accrue interest at the rate of 1.5% per month.