As a user of the services provided by Now Cargo Ltd and it's associated online websites either directly or through any of our website facilities you are agreeing and acknowledging that any transactions made or features used on our websites are carried out in compliance with the terms and conditions listed below.

Definitions
Below is some of the terminology which will be used within these terms and conditions of carriage to avoid any confusion a definition has been provided below:
Carrier - The company / sub contractors carrying out the service booked by in Now Cargo Ltd on behalf of the customer.   
Customer - The person or business placing/paying for the order for collection and delivery of consignment(s) booked on a carrier service arranged by Now Cargo Ltd.
Consignment - Goods, documents, parcel/group of parcels, cargo or freight sent to a single address.
Consignee/Receiver/Recipient - The person who is receiving the consignment, or arranging receipt of the consignment.
Consignor/Sender - the person who is sending the consignment, or arrangement shipment of the consignment.
Airway Bill (AWB) - The documentation placed on the parcel or accompanying the parcel.  AWB will mean Bill of Lading or consignment note if relevant.
Third Party - The order placed through Now Cargo Ltd utilising account facilities that Now Cargo Ltd has with a number of major carrier(s) and agents.
Working Days - Monday to Friday from 9am to 5.30pm, excluding public and bank holidays.
Transit Time - time take goods to reach destination after collection from sender for the 1st delivery attempt only.

1. Obligations of Now Cargo Ltd & The Customer

Obligations of Now Cargo Ltd to the Customer
Now Cargo Ltd will endeavour to ensure the following obligations are met when providing a service to the customer:

• Source the most cost effective method of transportation of your consignment using discounted rates available to us through a variety of parcel, pallet, freight and cargo carriers.
• Book your consignment for transportation using a number of trusted carriers, agents or their sub - contractors.
• Re-book the consignment in the event of a failed collection.
• Liaise and mediate with the carrier in the event of non-delivery, loss or damage of a consignment, and any resulting liability claim.
• Arrange increased liability or carrier's insurance cover dependent on carrier and service chosen.
• Advise the customer as to the expected day of collection of the consignment.

Obligations of the Customer to Now Cargo Ltd
The Customer must ensure the following obligations are met when making a booking through Now Cargo Ltd:

• The correct weight and dimensions of all parts of the consignment have been declared at the time of booking.
• The contents of the consignment have been correctly described.
• The contents of the consignment do not consist of any prohibited items (see prohibited, restrictive & liability exempt items).
• The consignment has been properly packaged to withstand the rigours of transportation (see packing advice for guidance).
• All parcels within the consignment are clearly labelled with the full recipient and delivery address and postcode details.
• The receiver or the sender will ensure the parcel is ready for collection and will be made available to the carrier upon arrival.
• Understands that the carrier may inspect the contents of the parcel at time of collection, final seal will be applied following inspection.  No waiting time will be allowed.
• The customer agrees to pay all additional charges incurred by the carrier including customs, duties, storage, re-delivery, failed collection and remote area charges if applicable. Details of when these are applicable can be obtained from Now Cargo Ltd on Tel + 44 (0)121 270 7047

2. Collection & Delivery
Now Cargo Ltd operates as a freight forwarder and does not come in to direct contact with the consignments that are booked through us.  We will arrange collection and delivery of the consignment/s via a third party service with a major reputable carrier.

We act as booking agent for a number of major carriers and pallet networks.  We use a number of major carriers and agents to make delivery of your consignments.  These carriers and agents will endeavour to deliver your goods to their destination within the transit times stated, however, transit times are not guaranteed and we will advise you of any delays as we become aware of them.  It is most likely that your goods will arrive within the transit times stated but we recommend that you communicate with the recipient of the goods and inform them of the possibility of delays.  We process multiple consignments per day we do not follow up collections and deliveries on an individual basis. Once we have passed the booking to the relevant carrier, we will not necessarily be notified of any delays and will assume the collection / delivery has taken place unless notified by consignee or consignor.  Now Cargo's obligation is to arrange the collection of their customers' consignment by submitting the relevant information to the designated carrier.

The carrier has the right to refuse a consignment for a given reason such as insufficient packaging, inaccurate description of contents, the consignment is larger than specified at the time of booking.  In addition to this Now Cargo Ltd has the right to refuse any quote or order placed directly through us or through our online facility.

All collections requested are booked in as specified by the customer.  If your collection fails you must contact Now Cargo Ltd and request an alternative collection time which will be booked as soon as possible.  If the goods have to be returned you will be contacted and charged for the return delivery.

Now Cargo Ltd can only arrange collection / delivery to a full street address, PO Box addresses will not be accepted. If a consignment is collected and returned for this reason, no refund will be given. We cannot make any bookings for collection or delivery without a full address and post code / zip code.  You are responsible for ensuring that all details regarding the collection and delivery addresses are full and correct. Contact telephone numbers are required with the delivery details and no consideration will be given for refunds where the details were either not provided in full or were incorrect.

All shipments can either be tracked through the track and trace feature of our online Web site, through our customer services team or through the track and trace feature of the carriers site using the AWB / consignment provided at the time of collection. If a hard copy of Proof of Delivery is required this will be charged at an additional cost of 3.00 per item.

Any service can be cancelled but all cancellations will be subject to a cancellation fee of 10.00.

Please Note: Whether you are sending a shipment of one or more items to a single delivery point it is your responsibility to ensure that you complete in full an AWB, or inform the person responsible at the collection point to do so.  If you are sending shipments to one or more delivery points it is essential that a separate AWB is completed for each delivery location as these are classed as separate consignments; we recommend you keep a copy for your own records.   If you do not have an AWB we cannot track your shipment(s) or provide evidence that they were even collected.  Failure to fill out all the required fields within the AWB may result in delays to delivery.  Do not allow the driver to fill this out for you as the responsibility will remain yours.  It is your responsibility to make certain that all information included on the AWB is provided with clarity and accuracy and all the full information is given. When signing the AWB, you are accepting that all the details entered on to the AWB are correct and you are responsible for any errors.

Whether booked via our Quote & Book system or directly (telephone / email bookings) the bookings data is as per the customer's instructions. The customer may have a choice of various collection windows to choose from, please note these are requested time slots which are not guaranteed.  Collections take place between 9am and 6pm.

If there is no-one present at the collection address then the Customer acknowledges and agrees that we WILL NOT refund the cost of collection as we will have been charged a failed collection charge from the courier.  Additional delivery attempts will be charged at 12.00 plus VAT per delivery attempt.

Now Cargo Ltd, via a reputable carrier undertake to deliver to an address specified in the despatch documentation, not to a specific person.
If there is no-one present at the address then:

• The Customer acknowledges and agrees that the carrier may at their discretion attempt to deliver the Consignment to a neighbouring address within a reasonable distance of the delivery address.  If this occurs, a Customer Contact Card shall be left at the specified address and the customer accepts that such a delivery will constitute as delivery to the address specified in the despatch documentation.
• Alternatively the carrier may return the consignment to their depot. The recipient is then responsible for collection of the consignment from the carrier depot. The carrier will leave a card advising the recipient of the contact details of the depot and the customer accepts that such a delivery will constitute as delivery to the address specified in the despatch documentation.

We do not undertake to intercept a Consignment in transit before delivery has been attempted.

We shall not be liable in respect of any Consignment delivered to the delivery address or other address specified by the addressee, where any person misrepresents his authority to receive a Consignment on the addressee's or Customer’s behalf, or where we are delivering it in accordance with instructions from, or purporting to be from the addressee.

Collections & Deliveries are made on Working days only. Saturday collection and deliveries are optional at an extra cost; this option is available during booking. 

Collections and deliveries are only made to and from door, at ground floor level. Carrier drivers will not take or deliver items from above ground level.

Consignments collected and or delivered in certain areas in Scotland, Wales, Cornwall and Offshore Islands may be subject to a 24 hour delay.

If you have requested time specific deliveries such as next day by noon and goods fail to be delivered by the specified time you charges will be reduced so that you are only charged for a standard next day service subject to the delay not occurring for reasons which are outside the control of the Carrier.

Goods collected and/or delivered to remote areas, either within the U.K. or internationally, may be subject to additional delays. If you have any concerns about timings for collection or delivery please contact Customer Services.

Service will only be considered as having begun from the time that the Goods are collected.  If the collection fails, it can be re-booked but no refund or discount will be issued by the Carrier for a failed collection.  Transit times vary and must be checked for the service requested. Please ensure that a Receiver is present to take delivery, for some services there will be a surcharge for additional delivery attempts.

Now Cargo Ltd and their carriers will not accept liability for consignments that are incorrectly packaged, and transit of these consignments may be refused. Additional charges may be incurred if booking has taken place, and collection / delivery has to be subsequently aborted or delayed due to incorrect packaging.

3.             Prohibited, Restrictive and Liability Exempt Items
If any items deemed to be prohibited are sent your goods may be confiscated and you may also be reported to the relevant authorities, therefore it is extremely important that you check that goods can be carried before placing your order.  Please check our Prohibited Items list for more information.  If any one of the items in this list is collected by a driver you are then liable to be surcharged and your parcel returned or confiscated. No refund of postage will be made and any compensation claims will be void.  A surcharge of 10 will apply.

Now Cargo cannot always monitor what is being shipped therefore it is the customer's responsibility to either read the terms and conditions and refer to our guidance on prohibited items or enquire directly with our customer service team to see if your parcel is acceptable.

If a prohibited item is collected and then returned or confiscated, no consideration will be given regarding a refund and you will be contacted and charged for the return delivery.  No claim, whatsoever, can be made for damage or loss of a prohibited item.  Please note a 10.00 cancellation fee will apply if your booking is cancelled due to the inclusion of prohibited items.

4.             Inspection
For security purposes we ask that all shipments are left open for the driver to examine and confirm the contents of the goods before applying the final seal.  Now Cargo Ltd or any of their appointed Agents, have the right to open and inspect your shipment without giving prior notice.

5.             Customs Clearance
The customer hereby appoints Now Cargo Ltd and / or its carriers, agents or sub-contractors as customs clearance agents if it is deemed necessary by the carrier or agent in the destination country.  In such events if any customs authority requires additional documentation for customs clearance it is your responsibility to provide this.  If any additional customs charges or expenses are incurred then the customer (sender/receiver) is liable for the additional charges.

Unless specified, in writing, you are paying for transit of goods only. Now Cargo Ltd has no control regarding Customs queries or charges that may arise from the carriage of goods. These are charged by H M Customs & Revenue and outside of our control.  Any additional Customs charges must be paid by either the Sender or the Receiver prior to delivery or when the delivery is made.   Now Cargo Ltd will pass these charges on to the person who has placed the order. If the charges are refused and the delivery is returned, you will also be required to pay for the return delivery.

If you are sending or receiving any goods other than documents to or from a country outside of the EU you will be required to complete customs invoice (export pro-forma or import pro-forma).  A template is available on our website which can be completed or you can request a copy by email once you have placed your booking with us.   You will be required to print off four (4) copies of the pro-forma for each individual consignment and these must be handed over to the driver at the time of collection to accompany the goods.  Business must ensure that goods are accompanied by a commercial invoice.

 6.            Payment & Surcharges
In addition to the surcharges specified above the following may also be incurred:

All prices are quoted in Pound Sterling.  Payment is either taken by our automated system at the end of your order or by telephone payment.  Credit and debit card payments are accepted; however a 2.5% charge will be incurred for all credit card transactions, debit card payments do not incur a charge.   Business account holders will comply with the payment terms agreed in the terms and conditions of payment at the time of setting up an account.

By entering / booking the weight and dimensions you are paying for transit only, based on the information provided. If the goods prove to be heavier or larger than the initial information given, you will be required to pay for the additional weight as well as an additional 5 administration fee.  Payment will be charged to the debit / credit card relating to your original transaction, you will be notified of any additional charges.  This does not apply to business account customers as they will be advised as per prior agreement.

Surcharges may be levied (where applicable) on services where there is a cost for re-delivery, remote area collection/delivery and for Saturday collection/delivery. Prices quoted are for a carrier to make one delivery attempt. A card will be left by the carrier, and subsequent delivery attempts will be charged at 12.00 each plus V.A.T.

Now Cargo Ltd and its carriers reserves the right to stop and/or hold goods for an indefinite period of time where any outstanding monies are owed by the customer. Where the customer refuses payment, it is agreed that Now Cargo Ltd are within their rights to sell these goods in order to cover whatever outstanding costs exist with regard to that customer.

The Late Payment of Commercial Debts (Interest ) Act 1998:  Now Cargo Ltd has an accounting policy which includes the terms of the above act. The rate of interest claimed will be in accordance with the Act at a percentage of 5% above the Bank of England base rate. In the event of any amount falling due a monthly administration charge of 10 (ten pounds) per month may be incurred and interest will be added and charged at a daily rate.

• Delay, Damage and/or Loss

Goods are not covered for damage during transit as standard, though certain liability for loss or theft does exist (please review Insurance & Claims below).

Any claims requested must comply to the carriers claim procedures, and will be subject to their time scales and limitations, you can get a full copy of these on request.

Now Cargo Ltd and their carriers will not accept liability for consignments that are incorrectly packaged, and transit of these consignments may be refused. Additional charges may be incurred if booking has taken place, and collection / delivery has to be subsequently aborted or delayed due to incorrect packaging.

You are responsible for making sure that your goods are packaged to a professional standard.  Now Cargo Ltd reserves the right to dismiss any claim where goods were not packaged to such a standard.  Please refer to our Packaging section for advice and instructions.  Please note photographic evidence of packing may be required.

In the event of damage, all packaging must be kept for inspection by the Carrier. The goods must be available for inspection in the state in which they were delivered, at the address they were delivered to. If the goods are moved, repaired or if the packaging is not kept, no consideration will be given to your claim.

If goods are damaged upon delivery then you must sign for the goods as "damaged" on the delivery note at the time of delivery.   If goods cannot be inspected upon delivery, they should be signed for as "unchecked".  If the goods are damaged and you sign them without any without written comment stating "damaged", "unchecked" or they are signed as in "good condition", you will not be able to proceed with any claim.

Remote areas both in the U.K. (Offshore Islands, areas of Scotland, Wales, Cornwall) and internationally may be subject to additional delays.  Now Cargo Ltd will not consider any liability for delays where the reason/s falls outside the reasonable control of the Carrier.  All transit times are given as estimations, and are to and from major cities (in working days).   Areas outside major cities may take longer.   Please note transit time is calculated from date of collection.   Imports to the U.K. may not be picked up for up to 24 - 48 hours from time of booking, due to time differences, and relay of information to the carrier office in the country of pick up.   It is important that you be aware that unforeseen delays and failed collections can occur for innumerable reasons and plan for such possibilities.  We use a number of trusted Agents to make deliveries and are fully confident that they will get your goods to their destination as fast as is possible but.  While it is most likely that the goods shipped will arrive in good time, we do not provide "guaranteed" delivery times, we would advise you to communicate with those receiving the goods and inform them of the possibility of delays.

Any claim for loss or damage during transit must be submitted within 7 days where the goods have been insured.

Now Cargo Ltd's liability will extend to re-booking the collection, and if a failed collection occurs as a fault of the carrier, then arrange a refund of the charge.

Now Cargo Ltd will make every reasonable effort to ensure delivery of the shipment according to their regular delivery schedules but these are NOT GUARANTEED AND DO NOT FORM PART OF THE CONTRACT.  Now Cargo Ltd is not liable for any damages or loss caused by delays.

8              Insurance and Claims
No Cargo Ltd do not sell insurance but simply arrange for your consignment to be covered by the carriers liability cover if applicable.

Each service comes with only a limited amount of transit cover as standard and will depend upon the service chosen.  This will be either $100 (USD) 50.00 or 7 per kg (subject to service and carriers terms and conditions).   For further information call customer services on 0121 270 7047

Some of our services come with an option to insure your goods. Should you require additional insurance, you must inform us at the time of booking to ascertain whether insurance is available for the service you wish to use.  Where insurance can be provided by the Carrier, it is your responsibility to ensure that all notification is properly made (e.g. you must make sure you tick the appropriate box, and state the value to be insured, on the AWB).  Failure to do so will result in any claim being voided. You must also be sure to keep any and all relevant documents showing intent to insure and the stated value of the goods to be shipped. Failure to do so will result in any claim being voided.

It is also advised that you provide photographic evidence of damage in addition to the physical inspection by the Carrier.

No consideration will be given to any claim where the goods are deemed to have been insufficiently packaged upon inspection by the Carrier (please refer to our Packaging section for advice and guidance).

If the goods are not correctly labelled, the claim will be voided.

Any claim must be submitted, in writing, to Now Cargo Ltd within 7 days of receipt in the case of loss and 10 days in the case of damage when the goods have been insured.  If claims are not made through Now Cargo Ltd this could result in delays in settling your claim.

9              Liability
The person making the booking is responsible for all information entered, Now Cargo Ltd will not be held responsible for any incorrect information that is given and no claims or refunds will be considered in that instance.

Now Cargo Ltds's responsibility in the transaction is to collect parcel information and then transfer this to the carrier.   Now Cargo Ltd will mediate between its customers and the carrier to settle any disputes, claims or enquiries.   Now Cargo Ltd cannot accept responsibility for any fraud or illegal use of payment cards used to procure its services.  These issues must be taken up with Protx or the issuing bank.

Once any claim correspondence is received by Now Cargo Ltd we will forward this onto the relevant carrier. Any decision can take upto 3 months
In using our service, you are paying for transit charges only and Now cargo Ltd accept no liability for any Customs Duties or Taxes that may arise. In using our services, you are accepting full liability for any and all Customs Duties, Taxes and/or additional surcharges that may arise regarding the shipment of your goods.

Liability is limited to the company who are carrying the goods.  Now Cargo Ltd reserve the right to deny liability where the goods have been sent via a Third Party where no additional insurance has been requested – in using our service you are accepting that no claim may be brought in such an instance.

Loss or damage under the following conditions will not be covered:

• Acts of God (or other Deity)
• Consequence of War or Terrorism
• Insufficient packaging / incorrect labelling
• Prohibited / Restrictive / Liability Exempt items

Now Cargo Ltd will deal only with the person who made the booking.

Now Cargo Ltd or its carriers reserves the right to refuse the issue of compensation of any sort, indefinitely or at least until such time that any requested evidence has been received and that it is within the timings allocated for the submissions of claims, as outlined under 'Insurance & Claims'.

If a claim is made and proved liability is limited to the cost of transit only unless the goods have been fully insured either to the value of the goods or the insured value of the goods.   Other than where full or increased liability is taken out, liability will be limited to and claims will not exceed the value of (USD) $100 regardless of the original value of the goods this may not automatically include reimbursement of the transit costs. We will not be liable for any further claims. Nor will we, in any circumstances, accept liability for; any loss of forecasted profit(s), administrative inconvenience, disappointment, indirect or consequential loss and/or damage arising from any problem in relation to the service you have ordered.

Any claim for loss or damage during transit must be submitted within 7 days where the goods have been insured.

10             Refunds   
A refund may be considered should you experience an unreasonable delay in the service agreed upon at the time of booking, if these issues are due to negligence by our appointed carriers or agents.  Refunds are not necessarily guaranteed in such instances.

Claims must be submitted within 5 days via either e-mail or post to qualify.

Please note if a customer cancels the booking before the collection has been attempted a 5.00 charge may be applied, however if the customer cancels at the time of, or after the collection has been made the customer will be charged in full.  It is not always be possible to cancel the request if the pick up has already been allocated to a driver / vehicle, in such circumstances this will be classed as a failed collection and a refund will not be issued.

11             Complaints
If you have any complaint regarding the service you have received, please contact our Sales Director. 

12             Governing Law, Statutory Rights and Severability
These terms and conditions and any contract between us shall be governed and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.

These terms and Conditions are in addition to your statutory rights, as a consumer, which remain unaffected.
If any part of these terms and conditions are found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.

Now Cargo Ltd reserves the right to amend its terms and conditions without warning.  Please refer back to the terms and conditions periodically for changes.  By using the services provided by Now Cargo Ltd and its associated websites you agree to these terms and conditions.  These terms and conditions should be read in conjunction with our privacy policy which is available to view on our website www.nowparcel.com.

If you require further assistance or have any questions our customer service support team, on 0121 270 7047, will be more than happy to help you.

For additional conditions of contract please refer to Notice Concerning Carrier Limitation of Liability.

NOTICE CONCERNING CARRIERS LIMITATION OF LIABILITY

IF THE CARRIAGE INVOLVES AN ULTIMATE DESTINATION OR STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, THE WARSAW CONVENTION MAY BE APPLICABLE.  THE CONVENTION GOVERNS AND IN MOST CASES LIMITS THE LIABILITY OF THE CARRIER IN RESPECT OF LOSS, DAMAGE OR DELAY TO CARGO TO 250 FRENCH GOLD FRANCS PER KILOGRAM, UNLESS A HIGHER VALUE IS DECLARED IN ADVANCE BY THE SHIPPER AND A SUPPLEMENTARY CHARGE PAID IF REQUIRED.

THE LIABILITY OF 250 FRENCH GOLD FRANCS PER KILOGRAM IS APPROXIMATELY USD 20.00 PER KILOGRAM ON THE BASIS OF USD 42.22 PER OUNCE OF GOLD.

CONDITIONS OF CONTRACT

1.             As used in this contract "carrier" means all air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such air carriage; "Warsaw Convention" means the Convention for the Unification of certain Rules relating to the International Carriage by Air, signed at Warsaw, 12 October 1929, or that Convention as amended at the Hague, 28 September 1955, whichever may be applicable, and "French Gold Francs" means francs consisting of 65½ milligrams of gold with a fineness of nine hundred thousandths.

2.             Carriage hereunder is subject to the rules relating to liability established by:

2.1.             The Warsaw Convention unless such carriage is not "international carriage" as defined by that that Convention;
2.2.             To the extent not in conflict with the foregoing, carriage hereunder and other services performed by each carrier are subject to:
2.2.1.             Applicable laws (including national laws implementing the Convention), government regulations, orders and requirements,
2.2.2.             Provisions herein set forth, and
2.2.3.             Applicable tariffs, rules conditions of carriage, regulation and timetables (but not the times of departure and arrival therein) of such carrier, which are made part hereof and which may be inspected at any of it's offices and airports from which it operates regular services.  In transportation between a place in the United States or Canada and any other place outside thereof the applicable tariffs are the tariffs in force in those countries.

• The first carrier's name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such carriers tariffs, conditions of carriage, regulations and timetables.  The first carriers address is the airport of departure shown on the face hereof.  The agreed stopping places (which may be altered by the carrier in case of necessity) are those places, except the place of departure and the place of destination, set forth on the face hereof or shown in carrier's timetables as scheduled stopping places for the route.  Carriage to be performed hereunder by several successive carriers is regarded as a single operation.

• Except as otherwise provide in carrier's tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply carriers liability shall not exceed USD 20.00 or the equivalent per kilogram of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.

• If the sum entered on the face of the airway bill as "Declared Value for Carriage" represents an amount in excess of the applicable limits of liability referred to in the above Notice and in these Conditions and if the shipper has paid a supplementary charge that may be required by the carrier's tariffs, conditions of carriage or regulations, this shall not constitute a special declaration of the value and in this case carriers limit of liability shall be the sum so declared.  Payment of claims shall be proof of actual damages suffered.

• In case of loss, damage or delay of part of the consignment, the weight to be taken into account in determining carriers' limit of liability shall be only the weight of the package(s) concerned.

Note:
Notwithstanding any other provision, for foreign air transportation as defined in the U.S. Federal Aviation Act, as amended in the case of loss or damage or delay of a shipment or part thereof, the weight to be used in determining the carriers limit of liability, shall be the weight which is used (or a pro rata share in the case of a part shipment loss, damage or delay) to determine the transportation charge for such shipment.

• Any exclusion or limitation of liability applicable to carrier shall apply to and be for the benefit of carrier's agents, servants and representatives and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.  For purpose of this provision carrier acts herein as agent for all such persons.

8.1.           Carrier undertakes to complete the carriage hereunder with reasonable dispatch.  Carrier may use alternative carriers or aircraft and may without notice but with due regard to the interests of the shipper use other means of transportation.  Carrier is authorised by the shipper to select the routing and all immediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.  This subparagraph is not applicable to/from USA.

8.2.           Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Except within USA where carrier tariffs will apply, carrier may use alternative carriers or aircrafts and may without notice and with due regard to the interests of the shipper use other means of transportation.  Carrier is authorised by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.
The subparagraph is applicable only to/from USA.

• Subject to the conditions herein, the carrier shall be liable for the goods during the period they are in its charge or the charge of its agent.

10.1.         Except when the carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for carriage due in accordance with carrier's tariffs, conditions of carriage and related regulations, applicable laws (including national laws implementing the Convention), government regulations, orders and requirements;

10.2.         When no part of the consignment is delivered a claim with respect to such consignment will be entertained even though transportation charges thereon are unpaid.

• Notice of arrival of the goods will be given promptly to the consignee or to the person indicated on the face hereof as the person to be notified.  On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the shipper prior to the arrival of the goods at the place of destination, delivery will be made to, or in accordance with the instructions of the consignee.  If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instructions of the shipper.

12.            The person entitled to the delivery must make a complaint to the carrier in writing in the case:

12.1.1.      of visible damage to the goods, immediately after discovery of the damage and at the latest within five (5) days from receipt of the goods;
12.1.2.      of other damage to the goods, within five (5) days from the date of receipt of the goods;
12.1.3.      of delay within ten (10) days of the date the goods are placed at his disposal; and
12.1.4.      of non-delivery of goods, sixty (60) days from the date of the issue of the airway bill.

• For the purpose of 12.1 complaints in writing may be made in writing to the carrier, whose airway bill was used, or to the first carrier or to the last carrier or to the carrier who performed the transportation during which the loss, damage or delay took place.

• Any rights or damages against the carrier shall be extinguished unless an action is bought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.

• The shipper shall comply with all applicable law governing regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the airway bill as may be necessary to comply with such laws and regulations.  Carrier is not liable to the shipper for loss or expense due to the shippers failure to comply with this provision

.

• No agent servant or representative of the carrier has authority to alter, modify or waive any provisions of this contract.

• If carrier offers insurance, and such insurance is requested, and if the appropriate premium is paid and the fact recorded on the face hereof, the goods covered by the airway bill are insured under an open policy for the amount requested as set out in the face hereof (recovery being limited to the actual value of the goods lost or damaged provided that such amount does not exceed the insured value).  The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing carrier by the interested party.  Claims under such policy must be reported immediately to an office of carrier.

• Now Cargo Ltd will arrange collection and delivery of the consignments via a third party service with a major reputable carrier. Now Cargo Ltd does not come into direct contact with the consignments. The carrier has a right to refuse a consignment if the consignment exceeds their maximum dimensions threshold.

• All consignments booked through Now Cargo Ltd must comply with strict regulations. We will not arrange carriage of substances classified as dangerous by Civil Aviation Organisation or relevant authority. There are nine hazard classes which cover these. Please check prior to arranging a booking that your consignment does not fall into any of these categories.