POLIMEX PARCEL SERVICE – TERMS AND CONDITIONS
CONDITION ONE – Receipt and Freight:
Received on the date specified from the Sender, Polimex Trading Inc. (“Polimex”) and its agents agree to use their best efforts to deliver the shipment to the Receiver at the said destination subject to the rates in effect on the date of shipment. Freight charges are prepaid. Where Polimex’s agents are unable to deliver to the Receiver’s address, a notice will be left at the Receiver’s address stating that delivery has been attempted and the location of a nearby pickup parcel shop where the shipment can be picked up during the shop’s business hours. If after seven (7) days the shipment has not been picked up by the Receiver, then the Sender agrees that Polimex or its agents may forward the shipment to the agent’s warehouse in Europe. If Polimex or its agents do not receive instructions from the Sender or Receiver within a reasonable period after the shipment has been forwarded to the agent’s warehouse, then the Sender agrees that Polimex or its agents may destroy or sell the content of the shipment without any further liability to the Sender or the Receiver. The Sender agrees to pay Polimex any costs incurred in forwarding, disposing of or returning the shipment and any charges (if any) for making additional delivery attempts and for the agreed appropriate next action.
CONDITION TWO – Limitation of Liability:
Physical Damage and Delay: Unless the parties agree otherwise in writing, Polimex shall not be liable for any physical damage to the shipment or delay in the delivery of the shipment, regardless of the cause of the damage or delay.
Loss of Shipment: Polimex shall only be liable for the amount set out below in (d) below in the event of a loss of the shipment, except arising from the following causes: acts of God, the Queen’s or public enemies, riots, strikes, authority of law, nuclear reaction and radioactive contamination.
Indirect, Special and Consequential Damages: Unless the parties agree otherwise in writing, Polimex shall not be liable for any indirect, general, special or consequential damages resulting from damage to shipment or from the loss, mishandling or delay in the delivery of a shipment, regardless of the cause of the damage, loss, mishandling or delay.
Amount of Liability: In the event of loss of shipment, the amount of any loss for which Polimex is liable for shall not exceed the lesser of CAD $3.00 per kilogram or CAD $60.00 per shipment unless additional insurance is purchased from Polimex and the maximum liability shall be the declared value as it appears on the Customs Declaration. Shall any loss or destruction take place on the territory of Poland the reimbursement may be made to Receiver in Polish currency. In case of any discrepancy, the value will be taken by the Sender’s i.e. store receipt and/or product market value. No interest is payable on any claim payment.
CONDITION THREE – Notice of Claim:
Polimex is not liable for loss to any goods carried under this contract unless notice thereof setting out particulars of the loss and the estimated amount claimed with respect to such loss is given in writing together with a customer’s copy of the Customs Declaration to Polimex within thirty (30) days after the delivery of the goods, or, in case of failure to make delivery of a sea shipment, within sixty (60) days from the date of such shipment, or in case of failure to make delivery of an air shipment, within sixty (60) days from the date of such shipment.
CONDITION FOUR – Partial Invalidity:
Any provision herein prohibited by law shall to the extent prohibited be ineffective without invalidating any other portion hereof.
CONDITION FIVE – Modification of Contract:
No agent, servant or representative of Polimex has authority to alter, modify or waive any provisions of this contract.
CONDITION SIX – Check Before Signing!
It is the duty of the receiving party to check the contents of a parcel in the presence of the delivery person. Possible claims can be considered only on the basis of a written report, thirty days (30) from the date of delivery.
CONDITION SEVEN – False Declaration
False declaration of goods will be subject to penalties, including, but not limited to, forfeiture and seizure by customs authorities.
CONDITION EIGHT – Indemnification
The Sender shall indemnify and/or compensate Polimex from any and all claims, demands, loss or damage, direct or indirect, suffered by Polimex and its designated representative as a result of, or in any way connected to the Sender’s failure to abide by these terms and conditions.
CONDITION NINE – Governing Law
If the Sender’s address is not in a Canadian province or territory, these terms and conditions are to be governed by, and interpreted under, the laws in force in the province of Ontario, Canada. The forum for any legal proceedings shall be the province of Ontario, Canada.
PROHIBITED ITEMS
Cash in any denomination of any kind. Written correspondence, documents and mail
Batteries
Alcohol, Tobacco, Vaping products, Cigarettes, Liqueurs or other illegal substances
Explosives including, but not limited to, flares, fireworks, toys and starting pistol caps, explosive fuses and igniters
Flammable Liquids, Flammable Gases & Flammable substances including, but not limited to, aerosol products, bear/dog spray, cigarette lighters, aftershave, perfumes, paint thinners and solvents, fire starters, matches, and fuel tablets
Oxidizers and Organic Peroxides including, but not limited to, fertilizers
Toxic and Infectious substances including, but not limited to, pesticides
Drugs and Medicines. Marijuana, including marijuana intended for medicinal use
Radioactive Materials
Corrosives including, but not limited to, battery acid, disinfectants and cleaning products
Engines
Plants and Animals (dead or alive), Seeds
Firearms and Components, including, but not limited to, pellet guns, ball bearing (BB) guns, compressed air (zip) guns and guns using CO2 cylinders to launch projectiles. Ammunition of any type
Human remains
- Any types of cheese, meat and seafood products including, but not limited to, fresh, baked, frozen, canned, dried, etc.
