Insurance Claims Explained – West Tech Shipping

Thank you for conducting business with West Tech Shipping. We truly appreciate it, and you, as a valued customer. By engaging our services, you agree to our Terms of Service, which include the DISCLAIMER set out below.

We tender cargo five (5) days a week, with the view to having as many shipments weekly. There will be times, however, when our cargo is not shipped on the day it is tendered. Unless specifically indicated otherwise, this will always be outside of our reasonable control, and we do not accept any liability for the delays in shipment which may result.

Some of the circumstances to which we refer are as follows.

a. Our carriers have space and weight restrictions within which we must operate, for the safety of the carrier. This means that there will be circumstances where we will have too much cargo to ship all at once in a safe and secure manner. When these circumstances arise, we will explore other avenues of getting packages to our customers as quickly as possible.

b. We transport our cargo via air and sea. Both these modes of travel have one thing in common: they are subservient to the weather. In other words, delays may be caused by inclement weather which makes shipment either unsafe, impractical or impossible, such as floods, snowstorms and thunderstorms.

c. The machinery which we use to store and transport your cargo (including the carriers which ship the cargo) will experience mechanical issues from time to time. While we will make every reasonable effort to rectify those issues as soon as practicable, the time needed for rectification will likely result in a delayed shipment.

d. Public holidays at the Origin or Destination country may cause a delay in delivery.

e. Our business picks up significantly during Holiday periods (Christmas, Easter, Carnival, Jazz and during holiday travel months of July and August). We therefore respectfully urge you to plan your shipments well in advance of the beginning of these seasons, especially if you are shipping items of importance.

There are other circumstances under which we will not accept liability for delays in shipment, given their nature (even though they are unlikely to ever come to pass). These include, but are not limited to: acts of God, civil commotions, closure of docks and ports of entry, Governmental restrictions on movement and commerce, lockouts, protests, revolutions and strikes and other similar matters.

BY SUBSRCIBING TO THE SERVICE, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE COMPANY RELIES ON THIRD PARTIES FOR TRANSPORATION OF CARGO BY SEA, LAND AND AIR AND AS SUCH THE COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY DELAYS OR DAMAGES OCCASSIONED BY SUCH THIRD PARTIES. THE CUSTOMER ALSO WARRANTS THAT ALL GOODS HANDLED BY THE COMPANY ARE NOT IN VIOLATION OF ANY LAWS WHEREVER THEY MAY BE HANDLED BY COMPANY ON THE CUSTOMER’S BEHALF. THE CUSTOMER AGREES TO INDEMNIFY THE COMPANY FOR ANY CLAIMS, DEMANDS, LOSSES OR OTHER COSTS INCLUDING REASONABLE ATTORNEYS FEES WHICH COMPANY MAY INCUR AS A RESULT OF BREACH COMMITTED BY THE CUSTOMER IN THIS REGARD.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, FOR ANY REASON, AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEM(S) REMITTED TO COMPANY FOR HANDLING AND SHIPPING. THE COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE COMPANY AND THE CUSTOMER, AND ITS SERVICES WILL NOT BE PROVIDED TO THE CUSTOMER WITHOUT SUCH LIMITATIONS IN PLACE.

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