Terms & Conditions
PLEASE READ THESE WEB SITE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS & CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE OWNED OR OPERATED BY NEW ENGLAND COURIER, THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS & CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS.
Right to Use Web Site
This Web Site is provided by NEW ENGLAND COURIER and is available
only to entities and persons over the age of legal majority who can
form legally binding agreement(s) under applicable law. If You do not
qualify, You are not permitted to use this Web Site.
DISCLAIMER OF WARRANTIES:
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, NEW ENGLAND COURIER DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEW ENGLAND COURIER
DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED
OR ERROR FREE. NEW ENGLAND COURIER DOES NOT REPRESENT OR WARRANT THAT
THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR PROTECTING
YOURSELF BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION
PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN
INACCURACIES OR TYPOGRAPHICAL ERRORS. NEW ENGLAND COURIER DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY
OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING
THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Modification
New England Courier may revise and update these
Terms & Conditions
at any time. Your continued usage of the Web Site after any changes to
these Terms & Conditions will mean You accept those changes. Any
aspect of the Web Site may be changed, supplemented, deleted or updated
without notice at the sole discretion of New England Courier. New England
Courier may also change or impose fees for products and services provided
through the Web Site at any time in its sole discretion.
SHIPPING TERMS & CONDITIONS
Acceptance of the bill of lading by the shipper shall constitute the
shipper's agreement to the following:
• New England Courier (“NEC”) will provide pickup and delivery services
as requested by the shipper and will arrange for transportation by carriers as
required. Such services will be furnished as agent of the shipper.
• The shipment will be insured by New England Courier for loss or damage up to
the actual fair market value (limit $100) during pickup and delivery provided
insurance is requested before shipment is tendered. Any value declared on the
shipment in excess of $100 shall be at the shipper's own risk unless additional
valuation is requested and provided and charges paid for the excess value. The
responsibility of New England Courier under this paragraph shall be reduced to
the extent of the value of any other insurance carried by the shipper or by any
other contract carrier on any lost or damaged shipment.
• New England Courier shall not be liable for any special or consequential
damages experienced by any person, which term includes, but shall not be limited
to, loss of profits or income as a result of delay, loss or damage to any shipment
resulting from the performance or non-performance of New England Courier.
• Shipper warrants that the shipment is packaged to protect enclosed goods and
to insure the safe transportation with ordinary care in handling and that each
package is appropriately labeled and is in good order for shipment as specified.
The shipper further warrants to New England Courier that the content of the shipment
may be lawfully carried over public highways and/or aboard airline aircraft or
other federally regulated carriers and is not a prohibited commodity under any
applicable law or regulation. It is the responsibility of shipper to ensure that
a shipment tendered to New England Courier does not violate any federal, state
or local laws or regulations applicable to the shipment. No service shall be
rendered by New England Courier in the transportation of any shipment that is
prohibited by applicable law or regulation. The shipper shall indemnify and hold
harmless New England Courier against any loss incurred by New England Courier
as a result of shipper's violation of these provisions.
• Any claim by the shipper for loss or damage in accordance with these Shipping
Terms & Conditions hereof shall be noticed in writing to New England Courier,
Inc., 2 Neptune Rd., #191 not later than 7 days after delivery
of the shipment to the consignee. Any action or proceeding brought by the shipper
against New England Courier concerning this shipment shall be commenced within
180 days after delivery of the shipment to the consignee. No claim for damage
will be entertained until all transportation charges thereon have been paid.
The amount of claims may not be deducted from transportation charges.
• No agent, employee or representative of New England Courier has authority to
modify any provisions of these Terms & Conditions.
New England Courier reserves the right, but is not required, to open and inspect
any package tendered to it for shipment without prior notice to shipper. Exercise
of such right shall not be construed to constitute any form of approval or control
over any method or form of packaging utilized by shipper.
New England Courier will not carry or be liable in any way for any documents,
coins, currency, and jewelry or for any articles of extraordinary value
not expressly agreed to by New England Courier unless a special agreement
to do so and a stipulated value of the articles are endorsed on this
bill of lading.
New England Courier is not bound to transport the shipment by any particular
schedule or in time for any particular market or in any manner other
than with reasonable dispatch, unless a predetermined schedule has been
arranged between NEC and shipper. In case of necessity, New England Courier
may forward shipment via another carrier.
New England Courier reserves the right to refuse to provide service for,
among other things, any package that by reason of the dangerous or other
character of its contents may soil, taint, or otherwise damage other
packages or New England Courier's equipment or that is improperly packaged
or wrapped. In addition, New England Courier reserves the right to refuse
to provide service for any package, or to or from any location, or to
provide alternative arrangements when, among other things, New England
Courier deems that it is unsafe or economically or operationally impractical
to provide service.
UNEDELIVERABLE PACKAGE
If the consignee refuses the shipment tendered for delivery by New
England Courier or if New England Courier is unable to deliver the
shipment, because of fault or mistake of the shipper or consignee,
New England Courier's liability shall then become that of a warehouseman.
New England Courier shall promptly attempt to provide notice, by telephonic
or electronic communication as provided on the face of the bill of
lading, if so indicated, to the shipper or the party, if any, designated
to receive notice on this bill of lading. Storage charges, based on
New England Courier's tariff, shall start no sooner than the next business
day following the attempted notification. Storage may be, at New England
Courier's option, in any location that provides reasonable protection
against loss or damage. New England Courier may place the shipment
in public storage at the owner's expense and without liability to New
England Courier.
If New England Courier does not receive disposition instructions within
48 hours of the time of Excel Courier's attempted first notification,
New England Courier will attempt to issue a second and final confirmed
notification. Such notice shall advise that if New England Courier does
not receive disposition instructions within 30 days of that notification,
New England Courier may offer the shipment for sale at a public auction
and Excel Courier has the right to offer the shipment for sale. The amount
of sale will be applied to the New England Courier's invoice for transportation,
storage and other lawful charges. The owner will be responsible for the
balance of charges not covered by the sale of the goods. If there is
a balance remaining after all charges and expenses are paid, such balance
will be paid to the owner of the property sold hereunder, upon claim
and proof of ownership.
When
perishable goods cannot be delivered and disposition is not given within
a reasonable time, New England Courier may dispose of property to the
best advantage.
Where a carrier is directed by consignee or shipper to unload or
deliver property at a particular location where shipper, consignee, or
the agent of either, is not regularly located, the risk after unloading
or delivery shall not be that of the carrier.
Governing Law and Jurisdiction:
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS & CONDITIONS,
INCLUDING THE SHIPPING TERMS & CONDITIONS, ARE GOVERNED BY THE LAWS
OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO CONFLICTS OF LAWS
PRINCIPLES. YOU EXPRESSLY AGREE THAT ANY CLAIM, CAUSE OF ACTION OR LEGAL
PROCEEDING ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE OR
ITS CONTENT, THE SHIPMENT TRACKING SYSTEMS, SHIPPING INFORMATION OR NEW
ENGLAND COURIER SERVICES SHALL BE INSTITUTED IN A STATE COURT LOCATED
IN SUFFOLK COUNTY, MASSACHUSETTS. YOU EXPRESSLY
WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO JURISDICTION
AND VENUE IN THESE COURTS. YOU FURTHER AGREE THAT ANY SUCH CLAIM, CAUSE
OF ACTION OR LEGAL PROCEEDING MUST BE FILED WITHIN ONE (1) YEAR AFTER
THE UNDERLYING ISSUE AROSE. NEW ENGLAND COURIER AND ANY COMPANIES IN
THE NEW ENGLAND COURIER GROUP THAT ARE PREVAILING PARTIES IN ANY SUCH
CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING SHALL BE ENTITLED TO AN AWARD
OF LEGAL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED IN THE MATTER IN
ADDITION TO ANY OTHER REMEDIES OR RELIEF.
Complete Agreement:
Except as expressly provided in a separate license or other written agreement
between You and the New England Courier, these Terms & Conditions
constitute the entire agreement between You and New England Courier
with respect to the use of the Web Site, Shipment Tracking Systems,
Shipping Information, and any software or service, information and
content contained therein, and supersede all discussions, communications,
conversations and agreements concerning the subject matter hereof.
It is up to You to regularly review the Terms & Conditions in case
there are any changes. Continued use of the Web Site after a change has
been made is to be treated as acceptance of that change by You the user.