This document contains the standard conditions of carriage applicable to Mercury Express Logistics, but not limited to shipments tendered to us through our Agents countrywide.
When you choose Mercury Express Logistics domestic courier services you, as “Shipper” are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment that the Terms and Conditions shall apply from the time that Mercury Express Logistics accepts the Shipment. “Shipment” means all parcels or pallets that travel under one waybill to our various serviced destination. A “waybill” shall include a label produced by Mercury Express Logistics automated system, waybill, or consignment note 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 insurance may be arranged at an additional cost. (Please see below for further information).
- Customs, Exports and Imports
Mercury Express Logistics may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete 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 for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who Mercury Express Logistics believes in its reasonable opinion to be authorized.
- Account Numbers
A valid Mercury Express Logistics account number is required for all shipment unless cash (accepted at all Mercury Express Logistics locations), cheque or credit card payments that are made at the time of sending or picking (cash) shipment, All transportation costs must be well stated from account holder, cash to Bill Recipient. The use of a valid Mercury Express Logistics account number ensures that
- Mercury Express Logistics invoices are sent to the proper locations for payment;
- Account activity is summarized by our system; and
- The payer is billed with the appropriate discount as agreed in the contract.
For “Bill Recipient” transactions, the recipient should have either a valid Mercury Express Logistics account number, and that account number should be entered on the Air Waybill and for Cash on Delivery shipments the recipient should pay upon collection of a parcel.
Account numbers are issued by our finance department and are not transferable. Any misuse of account numbers may result in a loss of all discounts and/or discontinuance of service. For customers utilizing our automated systems, a Mercury Express Logistics account number is required for “Bill Sender” or “Bill Recipient” transactions at the time of sending a shipment. Account numbers are issued and used solely at the discretion of Mercury Exp. Logistics.
Any supplies, materials, rights or privileges that you acquire by holding a Mercury Express Logistics account number may not be used for any purpose other than shipping with Mercury Exp. Logistics. All requests for account numbers are subject to prior credit investigation and verification by our Credit Department and/or Customer Service Account Confirmation Department. The party whom has a Mercury Express Logistics account number is issued is liable for all charges to the account. The account manager is responsible for safekeeping the account holder’s account number and should release the number only to those ship on the account shipments.
- Address Corrections
Address Corrections If a recipient’s address is found to be incomplete or incorrect, Mercury Express Logistics will attempt to find the correct address and to complete the delivery, but Mercury Express Logistics assumes no responsibility for our inability to complete delivery on time under such circumstances. Incorrect road names, omitted apartment (house) numbers and former street addresses for recipients who have relocated are examples of addresses requiring corrections. A surcharge will be levied to correct an address. If the correct address cannot be determined or if the recipient cannot be reached, Mercury Express Logistics will attempt to contact the sender for address clarification or instructions to return the shipment. Mercury Exp. Logistics, will not be liable for failing to meet our delivery commitment time for any shipment with an incomplete or incorrect address (See “Undeliverable Shipments”).
- Deliveries and Undelivered shipments.
If a shipment is undeliverable for any reason that is If the Shipment is deemed to be unacceptable, or it has been undervalued , or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, Mercury Express Logistics shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost .We will attempt to notify the sender to arrange for the return of the shipment if they agree to pay any costs incurred in returning and storing of the shipment. If the sender cannot be contacted within five business days, we then place the shipment in a bad address section in our warehouse and will dispose of the shipment after 30 days if not collected in accordance with the Zicta Act on undelivered mail.
Shipments cannot be delivered to PO boxes. Shipments are delivered to the Receiver’s address given by Shipper, this is subject to other delivery arrangement made with Receiver to personally collect and are advised to Mercury Express Logistics (collection from our offices).
- Inspection of Shipments
Mercury Express Logistics has the right to open and inspect a Shipment without notice.
- Special Delivery Instructions
- You or the receiver of a shipment may give special instructions to us (by means of our Mercury Express Logistics website or any other medium) to deliver the shipment to another location/person (being for example a neighbor and/or neighboring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
- Our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
- We shall not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
- You shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
Where appropriate we may deliver the shipment to an address close to the delivery address if the receiver of the shipment is not available, at your risk.
- Method of Payment
Acceptable methods of payment are: cheque, Visa cards, and cash. However, at some locations or in some pickup areas cash and Visa cards are not accepted. Payment by electronic funds transfer is available.
- Dimensional Weight (Volumetric Weight)
Dimensional-weight pricing is applicable on a per-shipment basis to all shipments in customer packaging. Mercury Express Logistics packaging may also be subject to dimensional-weight pricing. Dimensional weight is calculated by multiplying length by width by height of each package (all in centimeters) and dividing by 4,000 (standard density in cubic centimeters per kg). Once this is measured the chargeable weight is the higher one between the dimensional weight and the actual weight. This is mandatory to all shipments sent using our service.
- Saturday Service
There will be no additional charge for shipments dropped off on Saturday, but we have an additional standard charge an extra fee for Saturday deliveries. We do not pick up shipments on Saturdays, if need be then a prior arrangement in written should be made to Mercury Exp. Logistics. Deliveries for shipments picked on Saturday is on Mondays. Please call Customer Service for more information.
- Storage Charges
A storage charge is applied to a shipment that is unclaimed or otherwise left in a Mercury Express Logistics location for more than 5 days following notice to the recipient on availability of shipment for collection. Call Customer Service for details of the current charges.
- Same day Deliveries
We offer this service at an additional charge, this is dependent on the time the shipment is dropped and destination of the shipment. Call Customer Service for details of the current charges.
- Special Delivery service
We offer this service to cash clients that want us to collect shipments from there designated places. This is comes at a special fee. Call Customer Service for details of the current charges.
- Re-packaging services
We offer re-packaging services for our clients that come with shipments that are not packaged according to standard. This is at a fee. Call Customer Service for details of the current charges
- Routing and Re-Routing
Mercury Express Logistics will determine the routing of all shipments. Some shipments may be consolidated or forwarded by Mercury Express Logistics by for transportation on other carriers. Mercury Express Logistics has agreed to no specific stopping places as we deliver. Mercury Express Logistics reserves the right to divert any shipment (including use of other carriers) in order to facilitate its prompt delivery.
- CALCULATION OF TRANSIT TIMES
Weekend days, public holidays delays attributable to compliance with mandatory local security requirements or other events beyond our control are not be included when we quote door to door delivery times in our published transit times. The method by which we transport your shipment shall be at our sole discretion.
- YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
- The contents of the shipment (including but not limited to weight and number of items) have been properly described on our Airway bill, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
- The consignee’s full address and contact details have been fully, accurately and legibly entered on our Airway bill and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
- The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated handling process.
- You have declared the correct weight of the shipment
- You have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
- When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;
All applicable laws and regulations have been complied with;
- That you have taken all reasonable precautions to comply with all our standards.
- The value of any shipment is declared
- You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligation
- Liabilities Not Assumed
MERCURY EXPRESS LOGISTICS WILL NOT BE LIABLE FOR ANY DAMAGES FOR CARRIAGE OF A SHIPMENT ARISING FROM TRANSPORTATION IN EXCESS OF THE LIMITS STIPULATED UNDER “DECLARED VALUE AND LIMITS OF LIABILITY” AND OTHER PROVISIONS IN THESE STANDARD CONDITIONS OF CARRIAGE.WHETHER OR NOT MERCURY EXPRESS LOGISTICS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.
In no event shall Mercury Express Logistics , including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not Mercury Express Logistics had knowledge that such damages might be incurred.
If we inadvertently accept a shipment with a destination city or cities which we do not serve in a the country service is provided, we may attempt to complete the delivery. However, we will not be liable for providing any proof-of-delivery.
We will not be liable or responsible for loss, damage or delay caused by events we cannot control.
We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, miss- delivery, no delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
- The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
- Your violation of any of the terms and conditions contained on our Standard Conditions of Carriage, tariff or other terms and conditions applicable to your shipment, including, but not limited to, the improper or insufficient packing, securing, marking and addressing of shipments, or use of an account number not in good credit standing, or failure to give notices in the manner and time prescribed.
- Public enemies, criminal acts of any person(s) or entities including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local, national or international weather conditions (as determined solely by us), local, national or international disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including but not limited to, other carriers, vendors or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).
- Our compliance or noncompliance with verbal or written delivery instructions from the shipper,recipient or persons claiming to represent the shipper or recipient.
- Our compliance or noncompliance with any request to intercept a shipment in transit, or to prevent delivery.
- Damage or loss of articles packed and sealed by the sender or by person(s) acting at the sender’s direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the receipt accepts the shipment without noting the damage on the delivery record.
- Our inability or failure to complete the delivery, or a delay to any delivery, due to acts or omissions of regulatory agencies.
- Delays in delivery caused by adherence to Mercury Express Logistics policies regarding the payment of charges.
- Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
- Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
- The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information.
- Our failure to honor package orientation graphics (e.g. “up” arrows or “this end up” markings), “fragile” labels or other special directions concerning packages.
- Your failure to ship goods in packaging approved by us prior to shipment where such prior approval is recommended or required.
- The shipment of fluorescent tubes, neon lighting, and neon signs, X-ray tubes, laser tubes, light bulbs, Quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers. Such as those used in laboratory test environment.
- Our failure to notify you of any delay, loss or damage in connection with your shipment or any Inaccuracy in such notice.
- Shipments released without obtaining a signature if a signature release is on file.
- Our failure or inability to attempt to contact the sender or recipient concerning incomplete or In- accurate address or other recipient information; incorrect, incomplete, inaccurate or missing Documentation.
- The failure to properly designate a delivery address as a Residential Delivery or Commercial Delivery, including delivery addresses that were processed through any address verification Function or program.
- Any package where Mercury Express Logistics records do not reflect that the package was tendered to Mercury Express Logistics by the shipper.
- The shipper’s failure to delete all shipments entered into a Mercury Express Logistics self-invoicing system, internet shipping device or any other electronic shipping method used to ship a package, when the shipment is not tendered to Mercury Exp. Logistics. If you fail to do so and seek a refund, credit or invoice adjustment. Mercury Express Logistics is not liable for any refund, credit or adjustment unless you comply with Those notice provisions.
- Your use of an incomplete, inaccurate, or invalid Mercury Express Logistics account number or your failure to provide a valid Mercury Express Logistics account number in good credit standing in the billing instructions on shipping documentation.
- Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases, or other items whenNot enclosed in outer packaging, or other general shipping containers caused by adhesive labels, Soiling or marking incidental to transportation.
- The shipment of perishables or commodities that could be damaged by exposure to heat or cold, Including, but not limited to, the shipment of any alcoholic beverages, plants and plant materials, Tobacco products, eggs, or live aquaculture.
- The shipper’s failure to provide accurate delivery address information.
- Damage to computers, or any components thereof, or any electronic equipment when shipped in y components thereof, or any electronic equipment when shipped in any packaging other than:
- The manufacturer’s original packaging, which is undamaged and has retained a good, rigid Condition.
- Packaging that is in accordance with the Mercury Express Logistics packaging guidelines available. Call customer service for more information.
- Mercury Express Logistics laptop packaging, for shipments of laptop computers.
- Mercury Express Logistics small electronic device packaging, for shipments of cell phones, handheld computers,MP3 players and similar items.
- Mercury Express Logistics tablet packaging, for shipments of tablet computers.
- Any shipment containing a prohibited item. (See H. in the Restrictions section.)
- Our provision of packaging, advice, assistance or guidance on the appropriate packaging of Shipments does not constitute acceptance of liability by Mercury Express Logistics unless such advice, assistance or guidance has been approved in writing by Mercury Express Logistics Packaging Design and Development and the writing expressly accepts liability in the event of a damaged shipment.
- Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address.(See the Undeliverable Shipments section.)
- Failing to deliver or not attempting to deliver a package within the delivery commitment time, if the shipper or recipient requested a later delivery or informed Mercury Express Logistics that the recipient location is closed during the originally scheduled delivery time.
- Loss or damage to alcohol shipments unless an approved packaging type is used or Mercury Express Logistics Packaging Design and Development has preapproved your packaging prior to shipment.
- Dangerous goods shipments that the shipper did not properly declare, including proper Documentation, markings, labels and packaging. Mercury Express Logistics will not pay a claim on undeclared or hidden dangerous goods.
- Mercury Express Logistics will not be liable for the failure to provide any services or service options where our records do not reflect that the services or service options were selected by the shipper.
- Time Limits for Claims
In the case of loss or damage Receiver must send reservations to Mercury Express Logistics giving a general indication of the loss or damage in writing. Please note that we expect a written claim with 24hrs of us notifying you on the loss or damage of your shipment as this will help us process the claim quicker. As stated on Insurance, we will only process a claim if Insurance was purchased as the shipment was sent. If insurance was bought, we will not be liable if not insurance was purchased.
If you revert to Mercury Express Logistics after 7 days after our official date of notice to you, shall have no liability whatsoever as the claim will have been closed with the insurance company.
- Shipment Insurance
Mercury Express Logistics offers insurance at all our counters which is 3% of the total goods you are sending or according to the total on the invoice provided. We will cover Insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper requests for a claim to be processed. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
Insurance is mandatory for each shipment sent through Mercury Exp. Logistics.
- Delayed Shipments
Mercury Express Logistics will make every reasonable effort to deliver the Shipment according to Mercury Express Logistics regular delivery schedules, but these schedules are not binding and do not form part of the contract. Mercury Express Logistics is not liable for any damages or loss caused by delays as a result of incorrect information.
- Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Mercury Express Logistics 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;
- The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling