Terms

When using Ship To Cayman’s services you, as “Shipper & Receiver”, are agreeing, for yourself and on behalf of anyone else with an interest in the Shipment (as defined below) that these Terms and Conditions shall apply from the time that Ship To Cayman accepts the Shipment, unless otherwise agreed in writing by an authorized representative of Ship To Cayman.

“Shipment” means all documents, parcels, packages or other items that travel under one waybill and may be transported by any means Ship To Cayman chooses, including air, sea, road or any other carrier. A “waybill” shall include any label produced by Ship To Cayman’s automated systems, air waybill 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 Shipment Value Protection may be arranged at an additional cost. (Please see below for further information). “Ship To Cayman” means any director, officer, employee, affiliate, agent or other representative of Ship To Cayman.

1. Customs, Exports and Imports (For International Shipments)

Ship To Cayman may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete and transmit (manually or electronically) 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 and import broker.

2. Unacceptable Shipments

Shipper agrees that its Shipment is not acceptable for transportation and is deemed unacceptable if:

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization;
• No customs declaration is made when required by applicable customs regulations; or
• Ship To Cayman decides it cannot transport an item safely or legally (such items may include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

3. Deliveries & Undeliverable

Shipments cannot be delivered to PO boxes. Shipments are delivered to the Shipper’s address given by Shipper, or any other address provided to Ship To Cayman pursuant to instructions received by Shipper and agreed to by Ship To Cayman but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, Ship To Cayman will disposed of or sold by Ship To Cayman without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges, including customs fees, any storage charges and administrative or other related costs.

4. Inspection

Ship To Cayman has the right to open and inspect a Shipment without notice to or consent from Shipper.

5. Shipment Charges & Billing

Ship To Cayman’s Shipment charges may be based on the higher of customer designated weight, the actual or volumetric weight, or a default weight where appropriate. Any Shipment may be re-weighed and re-measured by Ship To Cayman to confirm this calculation. If the Shipper does not record a weight on the shipment tender and the shipment is not re-weighed or re-measured, then a default weight will be applied to the Shipment. If the shipper fails to indicate both the shipment weight and package type, then Ship To Cayman may, at its discretion, apply a default weight. Shipper shall pay or reimburse Ship To Cayman for all Shipment charges, duties and taxes owed for services provided by Ship To Cayman or incurred by Ship To Cayman on Shipper’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. Claims for overcharges, credits and invoice charges must be made in writing to Ship To Cayman within one 30 Days after the date of acceptance of the Shipment by Ship To Cayman. Overcharge and/or credit claim may not be deducted from transportation charges.

Shipping Charge Corrections, Ship To Cayman may collect shipping correction charges from the payment method used while preparing the shipping label, without prior approval.

6. Ship To Cayman’s Liability

Ship To Cayman’s liability is strictly limited to direct loss only, subject to the limits in this Section 6. If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in section 8 (Shipment Value Protection) or make its own insurance arrangements. 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 Ship To Cayman’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Ship To Cayman’s liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to the lesser of the actual cash value of the Shipment and US$100.

7. Claims

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. All claims for shipments must be submitted in writing to Ship To Cayman within thirty (3) days from the date that Ship To Cayman releases the Shipment, failing which Ship To Cayman shall have no liability whatsoever. All of the original shipping cartons, packing and contents must be made available for Ship To Cayman’s inspection and retained until the claim is concluded. Ship To Cayman is not obligated to act on any claim until all transportation charges have been paid.

9. Shipment Value Protection ‘Insurance’

If the Shipment has an actual value greater than the liability limits listed in Section 6, Ship To Cayman can arrange shipment value protection for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment provided Shipper completes the Declared Value for Carriage section on the front of the waybill or requests it via Ship To Cayman’s automated systems and pays the applicable premium [HOW DONE PRACTICALLY? WILL YOU CREATE A PAYMENT DUE NOTICE?]. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. If Shipper does not declare a value for carriage and pay the appropriate charge, Shipper assumes all risks of loss or damage over the amount of Ship To Cayman’s liability as stated in Section 6.

SHIPMENT VALUE PROTECTION DOES NOT COVER THE FOLLOWING:

• Accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, loose precious/semi-precious stones, jewelry, money, notes, securities, perishable cargo, televisions, tickets, laptop computers, cellular phones, personal goods, live animals or similar property.
• Merchandise shipped on consignment, memorandum, or approval unless shipped in fulfillment of an order or request.
• Loss, damage, or non-arrival of any parcel which; (a) is addressed, wrapped or packed insufficiently, incorrectly or contrary to the carrier's packaging requirements; or (b) bears a descriptive label or packaging which tends to describe the nature of its contents.
• Any parcel containing personal goods to accommodate an employer and/or employee.
• Against loss or damage caused by or resulting from: (a) hostile or warlike action in time of peace or war, including action hindering combating, or defending against an actual impending or expected attack; (1) by any government or sovereign power (de jure facto), or by any authority maintaining or using military, naval, or air forces; or (2) by military, naval, or air forces; (3) by an agent of any such government power, authority, or forces; (b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
• NUCLEAR EXCLUSION. Notwithstanding anything herein contained to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or arising out of, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination regardless of how it was caused. However, subject to all provisions of this policy, the direct physical damage to the property insured, located within the United States or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by this policy. Nothing in the above wording shall be construed to cover any loss, damage, liability, or expense caused by nuclear reaction, radiation, or radioactive contamination arising directly or indirectly from the aforementioned above.
• Arising out of infidelity, dishonesty, or any overt act on the part of the Insured, associate in interest, and/or any of the Insured’s employees whether occurring during hours of employment or otherwise, nor on the part of custodians (common carriers excepted), or the property insured unless specifically endorsed hereon in writing.
• Arising out of loss of market, latent defect, inherent vice, delay, loss of use, clean up costs, decay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against. · Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes. 

10. Delayed Shipments

Ship To Cayman will make every reasonable effort to deliver the Shipment according to Ship To Cayman’s regular delivery schedules, but these are not guaranteed and do not form part of the contract. Ship To Cayman is not liable for any damages or loss caused by delays, howsoever caused.

11. Circumstances Beyond Ship To Cayman’s Control

Ship To Cayman is not liable for any loss or damage arising out of or directly or indirectly caused by circumstances beyond Ship To Cayman’s control. These include but are not limited to: “Act of God” - e.g. earthquake, pandemic or epidemic, cyclone, storm, flood, fog; “Force Majeure” - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Ship To Cayman; riot or civil commotion; any act or omission by a person not employed or contracted by Ship To Cayman, e.g. Shipper, Receiver, third party, Customs or other government official; labor strike; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

12. Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Ship To Cayman’s liability for loss or damage.

13. Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold Ship To Cayman 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;
• Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to Ship To Cayman;
• The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; · all applicable Customs, import, export and other laws and regulations have been complied with; and
• The waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

14. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places which Ship To Cayman or its delegates or service providers deem appropriate.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Cayman Islands and any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the laws of the Cayman Islands and the courts of the Cayman Islands shall have jurisdiction.

16. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions, which shall remain in full effect.