By the conditions set out below, Wide Wide World Express Corporation (“W Express”), its servants and agents, are firstly not to be liable at all for certain losses and damages, and, secondly whenever they are to be liable, the amount of liability is strictly limited to the amount stated in Condition 7 hereof. In the event that the value of the shipment is greater than the stipulated limit provided by Condition 7 hereof, customers are advised to secure an insurance policy to insure that their interest are protected. (See Condition 9 – below.)
Below is a summary of our main terms and conditions. Before signifying your approval to the terms and conditions hereof, kindly review the terms below and the full text of the terms and conditions which are on display and available at out W Express Service Centers.
These terms and conditions, together with those available from our service centers, are all terms of the contract between you, the sender of the shipment, and us, W Express. When you give us your shipment, you accept our terms both for yourself and for anyone else whom has an interest in the shipment. Our terms and conditions also protect anyone who we may contract to collect, transport or deliver your shipment. No employee of W Express or anyone else has any authority to change any of our terms or conditions, or make any promise on our behalf.
“Shipment” means all documents or parcels that travel under one housewaybill. You certify that the shipment details contained in the housewaybill are complete and accurate.
We do not accept anything that:
*is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civic Aviation Organization), MARINA (Maritime Industry Authority), any applicable government department or other relevant organization.
*We decide we cannot transport safely or legally (such items include but not limited to: animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms, human remains, pornography and illegal narcotics/drugs).
You can get full information from our W Express Service Centers about shipments that we do not currently accept. By signifying your approval to this housewaybill, you certify that your shipment is not restricted by any of the above.
You agree that W Express may open and inspect a shipment for any reason at any time. The shipment for any reason at any time. The shipment charge shall be based on the actual or volumetric weight whichever is higher.
In the event that you requested W Express to bill the receiver of the shipment or a third party and such receiver or third party fails to pay the applicable charges and fees, you agree to pay all shipment charges, and destination duties and taxes , and other applicable fees and duties.
If you wish to claim against a lost (includes misdelivered) or damaged shipment
* You must claim in writing
* We must receive your claim within 30 days from the date that we accepted your shipment
*Please send or take your claim to your nearest W Express office.
What are we liable for
In respect of any one shipment, W Express liability for any loss or damage however occasioned is limited to the lowest of these three amounts:
* PHP 100, or
* The actual amount of any loss or damage suffered by you; or
* The actual value of the shipment. This does not include any commercial or special value to you or any other person. W Express shall not be liable, in any event for any consequential or special damages or other indirect loss, however arising, whether or not W Express had knowledge that such damage might be incurred , including but not limited to loss of income, profits, interest, utility or loss of market value. Likewise, W Express shall not be liable , in any event, for any moral or exemplary damages that may arise from the shipment.
The lowest of the following amounts, determined at the time and place we accepted the shipment
*The cost of repairing or replacing the document, or
* The cost of reconstructing or reconstituting the document
*The cost of repairing or replacing the parcel, or
* The resale or fair market value of the parcel
The actual value of a parcel cannot be more than the original cost to you plus ten (10) per cent.
What are we not liable for
W Express shall make every reasonable effort to deliver your shipment according to our normal delivery schedules but these are not guaranteed and do not form part of this contract. W Express shall not be liable for any delays on the delivery of the shipment.
W Express, its officers, employees and agents, are not liable if a shipment is lost, damaged, or misdelivered because of circumstances beyond its control. These include:
*” Acts of God,” for example earthquake, cyclone, storm, or flood:
*” force majeure’ for example war, plane crash, or embargo:
* any defect or characteristics that has something to do with the nature of shipment, even if known to W Express when shipment is accepted:
* any defect in the packaging of the shipment.
* Any action or omission by anyone than the employees and agent of W Express. For example:
* the sender of the shipment;
* the receiver;
* and interested third party;
* Customs or other Government officials;
* the postal service , other carrier or other third party whom W Express contracted to serve locations that W Express do not serve directly. W Express is not liable even If the sender did not ask for or know about third party arrangement.
W Express is also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.
We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence, and even if they are our fault.
* Consequential or special damages or loss
*Other indirect loss
* Breach of others contracts
Opportunity loss or damages include, but are not limited to, loss of income, profits, interest, markets, and use of contents.