Shipping Conditions and Rules of Ti Express
The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of these terms and conditions.
Any dispute arising in connection with these terms and conditions shall be subject to the jurisdiction of the competent courts of the country of origin of the shipment, under the governing law of that country, and the sender shall submit to such jurisdiction without objection, unless contrary to applicable law.
The sender agrees to all routes and route changes, including the possibility that shipments may be transported through routes where temporary stops exist.
The sender is responsible for maintaining Ti Express's immunity against any loss or damage arising from the sender's failure to fulfill the following warranties and obligations:
Ti Express accepts no responsibility for any loss, damage, or injury arising from circumstances beyond Ti Express's control. These include, but are not limited to, electrical or magnetic damage or erasure of electronic images or data or photos, information; any defect or characteristic related to the nature of the shipment, even if Ti Express is aware of it; any action or omission by a person who is not employed by Ti Express or is not a party to a contract with it - for example, sender, receiver, third party, customs, or other government authorities; (force majeure) such as earthquake, tornado, storm, flood, fog, war, aviation incidents, sanctions, strikes, civil unrest, or industrial action.
Ti Express may be able to provide insurance coverage for loss or damage to the shipment, provided that the sender declares to Ti Express that this includes completing the insurance section on the first page of the waybill or Ti Express's automated systems, and the customer pays the relevant insurance premium. Shipment insurance does not cover indirect loss or damage or loss or damage due to delay.
All claims must be presented to Ti Express within thirty (30) days from the date Ti Express received the shipment, otherwise Ti Express has no responsibility. Claims are limited to one claim per shipment, which will be the complete and final payable amount for all related losses or damages.
Ti Express's liability in relation to any air-transported shipment (including ground transportation or stops en route) is limited to the Montreal Convention or Warsaw Convention, or in the absence of such convention, to the lower of
1) current market value or declared value, or
2) 19 Special Drawing Rights (SDR) per kilogram (approximately $26.00 USD per kilogram).
These limitations shall also apply to other types of transportation, unless the shipment is transported by land, in which case the following limits shall apply.
For cross-border shipments transported by land, Ti Express's liability is limited to the International Convention for the Carriage of Goods by Road (CMR) to the lower of
1) current market value or declared value, or
2) 8.33 Special Drawing Rights per kilogram (approximately $14.00 USD per kilogram).
These limits shall also apply in the absence of mandatory limits or minimum obligations in applicable national laws regarding transportation in relation to domestic road transportation. If the sender considers these limitations inadequate, the sender must prepare a special declaration regarding the shipment's value and request insurance issuance in accordance with section 8 or make necessary arrangements for obtaining insurance.
Ti Express's liability is limited solely to direct loss and damage to shipments and to the specified limits per kilogram as stated in section 6. Other types of loss or damage (including but not limited to loss of profit, income, benefits, or future business opportunities), whether special or indirect loss or damage, are excluded from this rule, even if such loss or damage was foreseeable by Ti Express.
Ti Express will take reasonable measures for delivery according to Ti Express's delivery schedule, but these schedules are not mandatory and do not form part of the contract. Ti Express is not responsible for any loss or damage due to delay, but for specific shipments, the sender may claim compensation for delay according to the terms and conditions of the money-back guarantee.
Ti Express transportation costs are calculated based on actual or volumetric weight per piece, and each piece may be re-weighed and re-measured by Ti Express to confirm these calculations. The sender or receiver, when Ti Express acts on behalf of the receiver, must pay for all shipments or other financial costs or customs duties that Ti Express incurs for the service it provides or costs that Ti Express incurs for transporting the sender's shipment or on behalf of the receiver. Payment of customs duties may be requested before delivery of the shipment. If Ti Express uses its credit with customs authorities or pays any customs duties on behalf of a receiver who does not have an account with Ti Express, Ti Express has the right to claim such costs.
Ti Express has the right to inspect shipments without notice to the sender for safety, security, customs, or other legal reasons.
Shipments that cannot be delivered to PO boxes or postal codes. Shipments that are delivered to the recipient's address as specified by the sender but are not necessarily delivered to the receiving person. Shipments with central delivery addresses are delivered to the same location. Ti Express may notify the recipient of a shipment in transit or a shipment that has failed delivery. The recipient may be offered alternative delivery options such as delivery on another day that does not require a signature, shipment referral, or receiving the shipment at a Ti Express service office. The sender may reject some delivery options upon request. If the shipment is deemed undeliverable as described in section 2, or its value according to customs declaration is less than the actual declared value, or the recipient's identity and location cannot be identified or found, or the recipient refuses to receive or pay customs duties or other transportation costs, Ti Express must not refrain from reasonable efforts to return the shipment to the sender at the sender's expense. Otherwise, the shipment may be cleared, used, or sold by Ti Express without creating any obligation or responsibility to the sender or any other person, and after deducting costs paid for services and execution costs, the remaining proceeds from the sale will be returned to the sender. Ti Express has the right to destroy any shipment that any law prevents Ti Express from returning to the recipient, as well as any dangerous goods.
A shipment is considered unacceptable if: No customs declaration is required or issued based on customs regulations. This includes counterfeit goods, animals, bullion, currency, precious stones, weapons, explosives, and ammunition; human remains; illegal items such as ivory and drugs. If these items are classified as dangerous goods, dangerous goods, prohibited and restricted goods by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), or other related organizations (dangerous goods). Shipments whose address is incorrect or not properly specified, or whose packaging is defective or unsuitable for safe transportation with ordinary care. This includes other cases where Ti Express considers it impossible to transport the shipment safely or legally.
Ti Express may perform any of the following activities on behalf of the sender or receiver to provide its services: