The terms and conditions set out below are the terms and conditions of the contract between you, the sender of the Shipment, and us GoCool Delivery Services (hereinafter referred to as “GoCool”). By your delivery of the Shipment to GoCool and our receipt thereof with your delivery instructions you agree to these terms and conditions. No employee of GoCool or anyone else has any authority to change any of these terms and conditions or make any promise on our behalf.

1. DEFINITIONS

(a) “Package” means any container, envelope, document, or parcel that is acceptable by us for delivery.

(b) “Shipment” means all Packages that are tendered to and accepted by us for delivery and that travel hereunder under a single (Airway Bill) receipt.

2. AGREEMENT TO TERMS

By giving us your Shipment, you certify that shipment details are thorough and precise and you agree whether or not you are acting on your own behalf or as an agent for and on behalf of any other person having interest in this Shipment to all the terms and conditions hereof and to any applicable tariff.  No one is authorized to alter or modify the terms of our agreement.

Shipments cannot be delivered to a PO box or Postal code. Shipments are delivered to a consignee’s address given by the shipper but not necessarily to the named Consignee personality.  Shipments to a central address with a central receiving area will be delivered to these areas

3. ITEMS NOT ACCEPTABLE FOR SHIPMENT

We do not accept as a Shipment the following: –

(a) Money/cash, or items readily convertible to money (including but not limited to coins or negotiable instruments equivalent to cash such as endorsed stocks and bonds) and jewelry

(b) Shipments of items accepted by mistake

(c) Items restricted by IATA (International Air Transport Association) or IAC (International Civil Organization)

(d) Items which in our discretion we cannot transport legally or safely.

A shipment is deemed unacceptable if:

1. it contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica, or imitation firearms; counterfeit goods; cash; bullion (of any precious metal); live animals, prohibited animal parts or remains, such as ivory; human remains or ashes; loose precious or semi-precious stones; cannabis or its derivatives; or illegal goods, such as narcotics or other illegal drugs,
2. it is classified as hazardous material, dangerous goods, prohibited or restricted articles under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or other relevant organization (“Dangerous Goods”),
3. it contains any other item which GoCool cannot carry safely or legally,
4. the address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
5. Shipper, Consignee, or any other party with a direct or indirect interest in the Shipment is listed on any applicable sanctions lists as a denied or restricted party.

You certify that your shipment is not restricted by any of the above limitations.

We reserve the right to reject packages based on these limitations or for reasons of safety or security.

4. YOUR OBLIGATIONS

(a) You warrant that each article in the shipment is properly described on the Receipt/Airway Bill and any other documents acceptable and is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling.

b) Description of item(s) to also include classification for special requirements (temperature sensitive/fragile/breakable).

(b) You agree to pay all shipment charges and destination duties and taxes for this shipment if the receiver or third party does not pay.

(c) You agree to pay all shipment charges including but not limited to incorrect declaration of cargo, improper or insufficient packing securing marking or addressing of the Shipment, or for the acts or omissions of the recipient or anyone else with an interest in the Shipment.

5. RESPONSIBILITY FOR PAYMENT

Regardless of your providing us with an alternative payment method or instructions, you will always be primarily responsible for all reasonable charges and possible surcharges customs and duties assessment including fees related to our prepayment of the same, governmental penalties and fines, taxes and our Attorneys Fees and legal costs related to this shipment.  You also will be responsible for any reasonable costs we incur in the shipment or warehousing of the shipment pending ultimate dispatch to you.

6. DELAYED SHIPMENTS and CIRCUMSTANCES BEYOND GOCOOL’S CONTROL

We will make every effort to deliver your Shipment according to our regular delivery schedules, but we are not liable for any delays in collecting a shipment, transporting a shipment (including delays caused by any diversion) and delivering a shipment occasioned by the following circumstances:-

(a) act of God including but not limited to storm, tempest or flood;

(b) act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing;

(c) criminal malicious or negligent actions or acts or omissions of third parties;

(d) industrial action or unforeseeable traffic conditions;

(e) suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather;

(f) fire, lightning, or explosion;

(g) seizure under legal process;

(h) your act, default or omission of whatever nature, or act, default or omission of your employees or agents or any person having any interest in the goods;

(i) insufficient or improper packing labeling or addressing;

(j) the unavailability at the delivery address of the consignee or other authorized recipient;

(k) electrical or magnetic damage or erasure of electronic or photographic images, data or recording.

7. NO WARRANTIES

We will make no warranties express or implied.

8. LIMITATION OF LIABILITY

Our maximum liability for loss of or damage in connection with your Shipment shall in no circumstances exceed the value of the Shipment or where you are not the owner of the Shipment then your liability to the Owner (whichever is the less).

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 GoCool’s attention.

9. DECLARED VALUE & LIMITS

You must declare a value regarding each Shipment.  Whether or not a value is declared by you, the highest declared value which will be allowed regarding each Shipment is J$5000.00 or J$1000.00 per kilogram, whichever is greater.  If you wish GoCool to accept liability for any amount in excess of the highest declared value above mentioned, then you must enter into a separate contract with GoCool in regard to the excess cover and pay the additional charges specified in that contract.

10. LIABILITIES NOT ASSUMED

(a) Subject to Clauses 8 & 9 above, neither GoCool nor any of its servants or agents shall be liable for any loss or damages, whether direct, incidental, special or consequential in any event for any shipment given to us in excess of the amount stated in Clause 8 whether or not we knew or should have known that such damages might be incurred, including but not limited to loss of income or profits.

(b) We will not be liable for loss of or damage to shipments of money or other prohibited items.

(c) We will not be liable for your acts or omissions including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing marking or addressing of the Shipment, or for acts or omissions of the recipient or anyone else with an interest in the Shipment. Also, we will not be liable if you or the recipient violates any of the terms of our agreement.  We will not be liable for loss, damage, delay, shortage, mis-delivery, no delivery, misinformation, or failure to provide information in connection with Shipments of money as defined in clause 4 above or other restricted or prohibited items.

(d) We will not be liable for loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation, or failure to provide information caused by events beyond our control including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions or acts of public authorities (including Customs or Health Officials) and all other circumstances outlined in Clause 6.

11. ROUTE

The Shipment may be carried by any route at the sole discretion of GoCool. This includes all routing, diversions including the possibility that the shipment may be carried via intermediate stopping places.

12. INDEMNITY

You shall indemnify and keep GoCool harmless from and against all claims, costs and demands by whomsoever made or preferred more than our legal liability under these terms and conditions.

13. CLAIM FOR LOSS, DAMAGE OR DELAY

ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN THE TIME LIMITS SET OUT BELOW.

(a) The right to damages against you within the limits of Clause 8 above shall be extinguished within two (2) months from the date of delivery of the Shipment or from the date on which the Shipment should have been delivered

(b) Within 45 days of notification to us of the claim it must be documented by sending to us all relevant information about it. We are not obligated to act on any claim until all transportation charges have been paid and the claim amount may not be deducted from those charges

(c) If the recipient accepts the Shipment without noting any damage on the delivery record, we will assume that the Shipment was delivered in good condition. For us to consider a claim for damage, the contents, original shipping cartons and packing must be available to us for inspection.

14. RIGHT TO INSPECT

GoCool has the right to open and inspect a Shipment without notice for safety, security, customs or any other regulatory reasons.