to Terms (Effective June 26, 2008)
By giving your envelope, package, or other shipment to IMPRESS COURIER
SERVICE LLC d/b/a Impress Courier Service (hereafter, "ICS")
for carriage, or authorizing ICS to pickup in your name, you agree to
all the terms stated herein. Anything you give to ICS for carriage or
anything we pickup in your name shall be defined as a "shipment"
in these Agreement to Terms. You also agree to these terms on behalf
of any third party with an interest in the shipment. No one is authorized
to modify the terms of our agreement. Impress Courier Service may modify
these Terms and Conditions from time to time. Services provided are
subject to the current Terms and Conditions. Current Terms and Conditions
are available on the internet at www.impresscourier.com and a written
copy may be obtained by calling ICS's office at (732) 387-4546.
ICS will provide transportation services as requested by Shipper and
will arrange for air and surface transportation as required. ICS. reserves
the right to use agents or other third parities to fulfill these services.
Invoices - Payment
Invoices are payable upon receipt. A $35.00 service fee will be charged
on all returned checks. Any discounts applied to an order are subject
to payment being received on time, where payment for a shipment has
not been received within 30 days of invoice, ICS has the option of recalculating
all charges to those shown in the current tariff. Overdue balances are
subject to interest calculated at 1.5% per month (19.6% per annum) which
shall accrue and be payable to ICS on all outstanding monies. This is
in addition to any legal rights and remedies available to ICS.
Shipment Weight and Inspection
All shipments tendered to ICS are subject to reweighing and recalculation
of charges based upon such reweighing. Increments over one pound are
rounded to the next pound. All shipments are subject to inspection by
ICS at its discretion without notice.
Limitations of Liability and Liabilities not Assumed
If your shipment consists of documents, our maximum liability per document
is limited to the lesser of your actual damages or $100, subject to
a maximum of $500.00 for the entire shipment, unless you declare a higher
value, pay an additional charge, and document your actual loss as described
below in "filing a claim". If your shipment is other than
documents, our maximum liability is limited to the lesser of your actual
damages or $500.00 unless a higher 'declared' value is made at the time
the shipment is placed and you pay an additional premium. If you declare
a higher value and pay the additional charge, our maximum liability,
whether the shipment is envelopes or other items, will be the lesser
of your declared value or the actual loss.
We shall not be liable for any damages, whether direct, incidental (for
example, alternate carrier transportation costs), consequential (for
example, loss of profits or income), or special, whether or not we knew
that such damages might be incurred in any manner resulting from misdelivery,
failure to deliver or delay in delivery, in excess of: (i) in the case
of fundamental breach of the contract of carriage, an amount equal to
our maximum liability and the amount of all freight and other charges
paid hereunder (ii) in the case of delay, a refund of your transportation
charges, and (iii) in any other case, an amount equal to our maximum
We shall not be liable for loss, damage or delay caused by events we
cannot reasonably foresee or control, including but not limited to acts
of God, perils of the air, weather conditions, mechanical delays, acts
of public enemies, war, riots, strikes, civil commotions, a defect or
inherent vice in the goods, the acts or default (including but not limited
to improper or insufficient packing, securing, marking or addressing
of the shipment) by the shipper, owner, or consignee of, or anyone else
with an interest in the shipment or any part thereof, authority of laws,
or acts or omissions of public authorities (including customs and quarantine
officials) with actual or apparent authority.
We will not be liable if you or the consignee violates any of the terms
of our agreement, or for loss or damage to shipments of prohibited items,
including cash or currency. We cannot accept responsibility for loss,
damage or delay of your shipment if caused by any carrier you have designated
us to use for any portion of carriage.
Declared Value Limits
Without prior written agreement, the insured value of a shipment cannot
Filing a Claim
ICS will not be liable for loss, damage or delay to any packages unless
notice thereof setting out particulars of the origin, destination and
date of shipment of the goods and the estimated amount of claim in respect
of such loss, damage or delay is given to us in writing within 15 days
from the date of your shipment. Within 90 days after you notify us of
your claim, you must send us all the information you have about it.
ICS won't be obligated to act on any claim until you have paid all of
our charges, and you may not deduct the amount of your claim from those
Shipper is responsible for adequately preparing, marking, packing, labeling
and properly describing the contents of the shipment so as to ensure
safe transportation with ordinary handling. Shipper must comply with
all applicable local, state and federal laws, including those governing
packing, marking and labeling for all shipments. Shipper is responsible
for any errors in completing the ICS bill that may result in additional
billing, including, but not limited to incorrect addresses, incorrect
weight information and incorrect pick-up or delivery times. If Shipper
communicates to ICS that no delivery signature by recipient is required,
ICS shall not be responsible for any loss that occurs after the delivery
of the shipment.
Regardless of the payment instructions you give us, you will always
be primarily responsible for all delivery charges. You will also be
responsible for any costs we may incur in either returning your shipment
to you or warehousing during its pending disposition.
Refusal of Shipment
the right to refuse or reject any shipment and may do so in its sole
discretion and without liability. ICS may exercise this right at any
time, and includes situations (among others) when a shipment may cause
damage to or delay other shipments, property or personnel; is likely
to sustain damage or loss in transit due to improper packaging; contains
prohibited items; the account of Shipper is not in good standing; or
when acceptance of a shipment may jeopardize ICS ability to provide
service to other customers.
ICS will hold undeliverable shipments and will notify Shipper. If Shipper
cannot be notified, the shipment will be held for 5 days after the attempted
delivery date. After 5 days, the shipment will be disposed of at ICS
discretion. Shipper will be responsible for all transportation, delivery
attempts, storage and disposal charges
You shall indemnify us and hold us harmless against all liabilities,
losses, claims, damages, costs and expenses of any nature whatsoever
incurred as a consequence of your non-observance of any regulation of
whatever nature which you are required to observe with regard to or
in connection with the carriage of the goods shipped.
This agreement and associated transactions shall be governed by and
construed in accordance with the laws of the State of New Jersey. Any
action brought by a party in connection with this agreement shall be
brought in the appropriate State Court in Middlesex County New Jersey.
If any term, covenant or condition herein is held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remainder
of this agreement shall in no way be affected or impaired and shall
be valid and enforced to the fullest extent permitted by law.