Take Care Couriers includes all its affiliated agencies throughout the world.
Take Care Couriers only distributes property owned by the shipping agent and the shipping agent guarantees that he is authorized to accept the present conditions, and that he accepts these conditions, not merely as himself but also as an agent on behalf of any other person with interests or possible interests in the shipment. The shipping agent hereby declares that Take Care Couriers is safeguarded from any damages, costs and expenses resulting from a breach of this warranty in any way possible.
Take Care Couriers is not liable for any form of loss, damage, misdelivery or non-delivery that is not caused by its own negligence; or loss, damage, misdelivery or non-delivery that is caused by:
(1) An act, error or omission of the shipping agent, the recipient or any other party claiming any interest in the shipment.
(2) The nature or origin of the shipment or any defect or characteristic that is inherent thereof.
(3) Natural disasters, air disasters, public enemies, public authorities acting with actual or apparent authority of law or omissions of custom officials or quarantine officials, riots, strikes, civil unrest, war, weather conditions or delay of aircraft or other vehicles used in carrying of transport.
(4) Acts, errors or omissions of any carrier or other entity or person to whom a shipment is tendered (outsourced) to by Take Care Couriers for carriage or services that go beyond the services offered by Take Care Couriers. Irrespective of the fact whether the shipping agent requested or had any knowledge of such delivery arrangements by a third party.
(5) Special or consequential damages or other indirect losses caused by any means, irrespective of the fact whether Take Care Couriers could have known or should have known that such damage could occur, including loss of income, interest or market.
Although Take Care Couriers will do anything within its power to make deliveries in accordance with the regular delivery times, Take Care Couriers cannot, under any circumstance, be held liable for delays in the collection, transport or delivery of shipments, regardless of the cause of the delay.
Due to the nature of the service the liability of Take Care Couriers for shipments is limited to the lower of either shipments Fair Value or USD 100,-. Fair Value refers to the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. In case it is required that the limited liability exceeds 100 USD Take Care Couriers demands that the shipping agent notifies Take Care Couriers in advance, enabling Take Care Couriers to engage in alternative arrangements as discussed in Article 7 below. However, where applicable, the rules regarding liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, as signed in Warsaw, Poland, on October 12, 1929 and any amendments thereto, concerning international transport of shipment under this convention apply, to the extent that this is regulated and to the extent that this in accordance with the convention concerning international transport of goods by road as established by CMR, Geneva, May 1956 and Protocol of June 5, 1978, Geneva that apply to international transport of shipments that are executed under the convention and to the extent that these rules apply.
At request of the carrier as well as the payment of associated costs Take Care Couriers will arrange insurance on behalf of the shipping agent. The insurance coverage with all terms and conditions contained in the insurance policy as issued by the insurer. Take Care Couriers will, under no circumstance, be held responsible for any (actual) coverage or insurance carrier. Consequential damages and loss or damage caused by delays in transportation are not covered by any such insurance policy.
Take Care Couriers is authorized (but has no obligation) to advance any rights, duties, taxes or any other charges and is authorized to make expenditures that apply to shipments, shipping agent, owner and recipient. However, Take Care Couriers are under no circumstances obligated to make any (advanced) payments relating to the shipment(s), including forwarding or shipping the goods, unless the shipping agent paid for these services in advance. If it is considered or it appears necessary to clear the goods through customs … Indien het noodzakelijk is om de goederen ergens in te klaren kan de douane ontvanger of, indien geen zodanige persoon is aangewezen, aan de expediteur die de goederen naar zodanige plaats of zodanige douane ontvanger, indien van toepassing, vervoert zoals zodanige vervoerder kan aangeven. De expediteur garandeert betaling van alle kosten en vooruitbetalingen.
Take Care Couriers has a lien on all goods for all freight charges, custom rights, prepayments, cost or charges of any kind arising from the transport contract and can refuse to transfer ownership over all goods, rights or other assets of any kind that are part of the contract until all such charges are paid.
Damage or shortages must be reported to Take Care Couriers or its agents in writing within a period of fourteen (14) days, counting from the date that the shipment is available to the person entitled to the delivery or in case of non-delivery fourteen (14) days from the date the waybill is issued. All claims must be received by Take Care Couriers within forty-five days from the date of issuance of the waybill. Notwithstanding the foregoing, no claim for damage, shortage or non-delivery will be granted before all costs have been paid.
Take Care Couriers does not accept hazardous, flammable or explosive materials, precious metals or stones in any form, marketable securities, negotiable instruments, currency, uncancelled stamps, cashier's checks, live animals or plants or perishable goods. When a shipping agent wants to outsource such goods to Take Care Couriers, he will safeguard Take Care Couriers against all claims, damages and costs incurred in relation to transport. Take Care Couriers has the right to deal with such items as they see fit, including the right to not transport such cargo at the moment Take Care Couriers notices that such cargo is part of the shipment.
Except if otherwise provided in this contract, the goods will be delivered to the addressee as indicated on the outer side. Notifications on the arrival of any cargo will, if requested, and unless specifically instructed otherwise, happen by means of the conventional method. Take Care Couriers cannot be held responsible for any failure or delay in receiving such a notice.
Take Care Couriers does not undertake the obligation to send any shipments or cargo via specified carriers, specific routes, connections or at any point in accordance with any sort of timetable. Take Care Couriers is hereby authorized to choose deviate from delivery routes, notwithstanding that the same may be stated on the package.
The shipping agent ensures that the shipment is packed in such a manner that the enclosed goods are protected, and that safe travel can be guaranteed when orderly handling the packages, and that each package is labelled correctly, and that the package is ready for transport. All shipments may, at the option of Take Care Couriers be opened and inspected.
The shipping agent will adhere to or take care of, for all applicable laws and governmental regulations of any country to, from and through which goods have to be carried, including all those related to the packing, packaging, transport or delivery of goods, and will, if necessary, provide all necessary paperwork and documents that are needed to comply with these laws and regulations. Take Care Couriers cannot be held liable for and towards the shipping agent for any loss or expense resulting from non-compliance with laws and regulations as presented above.
The sender accepts that Take Care Couriers may interpret the waybill as a general line of instructions from the sender, wherein Take Care Couriers are authorized to act as an agent of the sender for export control and customs purposes. Take Care Couriers cannot be held responsible in any way if the agent either the agent or the shipping agent does not act in accordance with this article.
The present contract and any interpretation or dispute arising therefrom shall be dealt with by the exclusive competence and the respective laws and courts in the Netherlands.
Take Care Couriers in not a common carrier and will as a result only carry goods that, at the very least, conform with and are subject to the terms and conditions as presented above.