When ordering Threesixty Worldwide Ltd 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 Ltd accepts the Shipment unless otherwise agreed in writing by an authorised officer of Threesixty Worldwide Ltd “Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Threesixty Worldwide Ltd chooses, including air, road or any other carrier.
A “waybill” shall include any label produced by Threesixty Worldwide Ltd or its nominated partners 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 may be arranged at an additional cost.
Customs, Exports and Imports
Threesixty Worldwide Ltd may perform any of 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 pay any 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 Threesixty Worldwide Ltd or its nominated partners believes in its reasonable opinion to be authorised.
- Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable.If one or more of the following applies.
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation.
- No customs declaration is made when required by applicable customs regulations.
- It contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer
- form negotiable instruments, precious metals and stones; real or imitation firearms,parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs).
- It contains any other item that Threesixty Worldwide Ltd or its nominated partner decides cannot be carried safely or legally.
- Its packaging is defective or inadequate.
Deliveries and Undeliverable
- 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 for Duties / Taxes of the delivery. Threesixty Worldwide Ltd 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 by Threesixty Worldwide Ltd without incurring any liability whatsoever to Shipper or anyone 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 the Shipper.
Inspection of contents
Threesixty Worldwide Ltd has the right to open and inspect a Shipment without notice.
Threesixty Worldwide Ltd Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Threesixty Worldwide Ltd or it’s nominated partner to confirm this calculation. Shipper shall pay or reimburse Threesixty Worldwide Ltd and its nominated partner for all Shipment charges, ancillary charges, Remote Destination Surcharge, duties and taxes owed for services provided by Threesixty Worldwide Ltd or its nominated partner or incurred by Threesixty Worldwide Ltd or its nominated partner 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 unacceptable for transport as described in Section 2.
Threesixty Worldwide Ltd. Limited Liability
Threesixty Worldwide Ltd liability is strictly limited to direct loss and damage only and to the per half or full kilo 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 Threesixty Worldwide Ltd attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. Threesixty Worldwide Ltd 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:
GBP £10.00 /kilogram or £5.00 / half Kilogram for Shipments transported by air or road.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. 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 insurance arrangements, failing which Shipper assumes all risks of loss or damage.
Time Limits for Claims
All claims must be submitted in writing to Threesixty Worldwide Ltd within thirty, (30) days from the date that Threesixty Worldwide Ltd or its nominated partner accepted the Shipment, failing which Threesixty Worldwide Ltd shall have no liability whatsoever.
Threesixty Worldwide Ltd 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 Threesixty Worldwide Ltd or its nominated partners automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
Threesixty Worldwide Ltd and its nominated partner will make every reasonable effort to deliver the Shipment according to the Threesixty Worldwide Ltd regular delivery schedules, but these schedules are not binding and do not form part of the contract. Threesixty Worldwide Ltd or its nominated partner is not liable for any damages or loss caused by delays.
Circumstances Beyond Threesixty Worldwide Ltd Control
Threesixty Worldwide Ltd is not liable for any loss or damage arising out of circumstances beyond Threesixty Worldwide Ltd or its nominated partners 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 Threesixty Worldwide Ltd or its nominated partner; any act or omission by a person not employed or contracted by Threesixty Worldwide Ltd or its nominated partner – e.g. Shipper, Receiver, third party, customs or other government official. “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
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 Threesixty Worldwide Ltd and its nominated artner liability for loss or damage.
Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Threesixty Worldwide Ltd and its nominated partner 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.
- Storage and transportation to Threesixty Worldwide Ltd or its nominated partner.
- The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.