“The Customer” means the company invoiced by GFS for the provision of carrier services
“The Carrier” is the carrier entity responsible for the transport of a Consignment or Shipment
“Shipment”, “Consignment”, goods contained in one Parcel, Packet or Freight Item or any number of separate Parcels Packets or Freight Items, or goods that are sent at one time in one load by or for the same customer from one address or to one address
“Parcel or Packet” a single item from a Shipment or Consignment
“GFS” Global Freight Solutions Ltd
“Claim” is the act of filing for compensation for loss or damage to a Shipment
- Claims must be notified and substantiated within time limits specific to the carrier used. Different time limits apply to each carrier and claim type. The Carrier claim time limits are listed in Appendix A.
- Claims will only be accepted when filed by the sender. Only one claim can be filed in connection with a Shipment.
- Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment
- Provision as to liability of GFS and its Carriers:
- The final decision against a claim is made by the carrier. GFS take no responsibility for failed claims or partially settled claims.
- Notwithstanding clause 2.1, GFS will to all reasonable endeavours support The Customer during the claims process.
- Liability shall be limited to the actual value of the Consignment or part of the Consignment that is lost or damaged, subject to a maximum amount calculated for each Carrier is set out in Appendix B, notwithstanding the following conditions: GFS and The Carrier shall in no circumstances whatsoever, including negligence, nuisance, breach of contract or non-performance by GFS or The Carrier, be liable to the Customer for any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
- The Carrier and GFS shall not be liable for a claim if the Customer making the claim is overdue in payment of charges to GFS.
- The Carrier and GFS shall also not be liable for any amount if such loss or damage has arisen from: – Act of God. – seizure under legal process. – riots, civil commotion, strike lockouts (general or partial stoppage). – any consequence of war, terrorism and kindred risks. – error, act, omission or misrepresentation of either the Customer or the owner of the Consignment or their respective employees or agents. – insufficient or improper packaging, labelling or addressing including the full and accurate postcode. – marine risks (which shall be deemed to last form the time of the loading of the Consignment onto the vessel commences until the unloading of the Consignment from the vessel is complete). – the Consignment containing goods of a description different to that contained in the agreement made between The Customer and GFS. – the Consignment comprising of livestock, bullion, money, securities, stamps, antiques, precious metals, precious stones, china or glass related products of a fragile, brittle or perishable nature in addition paint, all liquids, hazardous materials or any other goods that may cause damage to or the destruction of any other customer’s goods.
- Claims for Damage
- The Carrier reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at The Carrier’s facility. All of the original shipping cartons, packing and contents must be made available for inspection by The Carrier and retained until the claim is concluded.
- Claims review
- The Customer accepts and acknowledges that the submission of a claim may take up to 90 days to review by the carrier.
- The Customer also accepts that the carrier will be unable to review a claim until all supporting information has been provided, inclusive of photographic evidence of internal and external damage to the item where applicable, and the failure to provide this information may affect the outcome of the claim
- Claims against 3rd Party address’s
- The Customer will ensure that claims made against a 3rd party collection, in accordance with the terms and conditions of The Carrier, will need to be submitted manually to firstname.lastname@example.org