NTL may perform any of the following activities on Shipper’s or Consignee’s behalf in order to provide its services :
A Shipment is deemed unacceptable if:
The following commodities are not acceptable for transport by NTL under any circumstances.
This is a result of a policy decision, following the full consideration of Operational, Legal and Risk Management implications.
Property, the carriage of which is prohibited by any law, regulation or statute of any federal, state or local government of any country to or through which the Shipment may be carried. If you are in any doubt as to the acceptability of your goods, please contact your NTL representative prior to shipping.
NTL’s security policy states that it is not allowed to transport counterfeit goods via the NTL network. NTL does not want to be associated with Counterfeit goods and upon suspicion of such goods being imported, Customs will be informed. It is prohibited in many countries to introduce Counterfeit goods and where proven the Customs authority will seize the goods and penalize the buyer.
If you are offered very low prices for branded goods that are sold on shopping websites or via other channels, you can normally assume that the goods are Counterfeit. High quality branded goods that are often copied include:
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
NTL may notify the Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Service Point. Shipper may exclude certain delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or the Consignee cannot be reasonably identified or located, or the Consignee refuses delivery or to pay Customs Duties or other Shipment charges, NTL 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 without incurring any liability whatsoever to Shipper or to NTL, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. The Shipper shall indemnify NTL against any loss, costs or claim incurred by NTL in relation to undeliverable Shipments. Furthermore, NTL shall have the right to destroy any Shipment which any law prevents NTL from returning to Shipper as well as any Shipment of Dangerous Goods.
NTL has the right to open and inspect a Shipment without notice for security or customs or other valid reasons.
NTL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any Shipment may be re-weighed and re-measured by NTL to confirm this calculation.
Shipper, or the Consignee when NTL acts on Receiver’s behalf, shall pay or reimburse NTL for all Shipment or other charges due, or Customs Duties owed for services provided by NTL or incurred by NTL on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If NTL uses its credit with the Customs Authorities or advances any Customs Duties on behalf of Shipper or Receiver, or redirects a Shipment to Receiver’s customs broker, NTL shall be entitled to assess a fee.
8.1 NTL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited to the declared value of the consignment or USD 100 whichever is lower. Such limits shall also apply to all other forms of transportation.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance or Document Protection as described in Section 10 or make its own insurance arrangements.
NTL’s liability is strictly limited to direct loss and damage to a Shipment as described limits in clause 8.1 of section 8 of the NTL Standard Terms And Conditions of Carriage. 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 NTL’s attention.
8.2 NTL will make every reasonable effort to deliver the Shipment according to NTL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. NTL is not liable for any damages or loss caused by delay.
No Claim will be provided except as otherwise provided under Section 8, all claims must be submitted in writing to NTL within ten (10) days from the date that NTL accepted the Shipment, failing which NTL shall have no liability whatsoever. 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.
NTL may be able to arrange insurance covering the current value in respect of loss or damage to the Shipment, provided that the Shipper so instructs NTL in writing and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
NTL is not liable for any loss or damage arising out of circumstances beyond NTL’s 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 NTL; any act or omission by a person not employed or contracted by NTL – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. pandemic, earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipper shall indemnify and hold NTL harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of NTL, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.