1. ACCEPTANCE OF TERMS AND CONDITIONS:
By transacting with ExpressArrival.com for the processing of your shipments you agree to the carrier's terms and conditions of service, as well as the "ExpressArrival.com” terms and conditions of service that are set out in this document (termed the “ExpressArrival.com Terms and Conditions” or “the agreement”). In the case of a discrepancy, the ExpressArrival.com Terms and Conditions shall prevail. Agreements to vary the ExpressArrival.com Terms and Conditions are only valid in writing. ExpressArrival.com cannot agree to alter any carrier's terms & conditions of service.
2. DISCLAIMER OF WARRANTIES:
ExpressArrival.com is provided “As Is”. Express Arrival Inc. doing business as ExpressArrival.com disclaims any and all warranties, express or implied, including without limitation; the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement regarding ExpressArrival.com and your ability to use this website. ExpressArrival.com makes no representation about the results to be obtained from using this website or ExpressArrival.com services, the use of which are at your own risk. No oral or written information provided by an ExpressArrival.com employee or agent shall create a warranty.
3. LIMITATION OF LIABILITY:
Using the ExpressArrival.com website and services is at your sole risk. ExpressArrival.com will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental, punitive, exemplary, or other damage under any theory of law for any errors in the use or inability to use ExpressArrival.com, including without limitation damages for lost profits, business data, even if you have advised ExpressArrival.com of the possibility of such damages.
4. EXTENT OF LIABILITY:
The carrier selected by you or ExpressArrival.com for transportation of your shipment, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise from your shipment must be brought against the selected carrier. ExpressArrival.com shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: Loss of profit or revenue incurred as a result of ExpressArrival.com's acts or omissions including but not limited to gross negligence, neglect causing damage, loss, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if ExpressArrival.com is advised in advance that such possibility exists. ExpressArrival.com reserves the right in its sole discretion to deny and you agree not to permit any claim or action against ExpressArrival.com, pertaining to any damage, loss of a shipment, associated costs, or financial penalties to the shipper, consignee or third party shipper. You agree to indemnify ExpressArrival.com against any consequences of such claim or action and assume responsibility for any costs and expenses that ExpressArrival.com endures in defending against the claim or action.
5. PAYMENT FOR SERVICES:
By providing ExpressArrival.com with a shipment, you agree to pay for the shipment in full within the applicable time period associated to your account. All accounts with ExpressArrival.com are "Net 7 Days" unless otherwise stated in writing. Overdue accounts may be disabled until payment has been received in full. Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following: collection efforts due to non-payment, returned or rejected payments. You agree that we can charge all costs incurred by ExpressArrival.com to collect overdue invoices.
6. REFUND POLICY:
Refunds are issued for when a carrier has a service failure; when a package is lost, damaged in transit, or for when a carrier fails to deliver a package by a specific commitment date. ExpressArrival.com automatically audits and reviews all shipments for service failures and instantly issues refunds for these transactions.
7. RIGHT OF INSPECTION:
ExpressArrival.com, and its shipping partners reserve the right to open and/or inspect any shipment for any reason but is not obliged to do so. Shipper and consignee are responsible for the contents of their parcels, improperly declared contents shall result in account closure.
8. REWEIGHING OF SHIPMENTS:
ExpressArrival.com, and its shipping partners reserve the right to reweigh and remeasure any shipment. Discrepancies in declared weight & dimensions can result in fees adjustments on an invoice; account holders are responsible for inaccurate declarations.
9. REFUSAL OF PACKAGE:
ExpressArrival.com reserves the right to refuse any shipment which, in its’ sole opinion, does not comply with its terms and conditions of carriage or the carrier terms and conditions of carriage or which may, by its nature, cause damage to ExpressArrival.com. Refusal may be based on a shipment being improperly declared, packaged, wrapped or labeled.
10. RETURNED SHIPMENTS:
You agree to be responsible for the cost of returning any shipment refused by the consignee or that cannot be delivered for any other reason. You are also responsible for payment of any duties, taxes or fees as applicable.
11. INTERRUPTION OF SERVICE:
ExpressArrival.com shall not be held liable for any interruption of service caused by actions beyond ExpressArrival.com's control.
12. INTERNATIONAL SHIPMENTS:
You are responsible for all applicable international treaties, laws, regulations, or requirements of any country to, from, through or over which your shipment may be carried. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. If the local law or other conditions exist that do not allow customs clearance by the carrier or requires a third party customs broker, you are responsible to provide an alternate customs broker at your own cost. ExpressArrival.com and the carrier assume no liability to you or any other person due to your failure to comply with this provision.
13. ENFORCEMENT OF TERMS OR CONDITIONS:
Any failure by us to enforce or apply a term or condition of the ExpressArrival.com terms and conditions does not constitute a waiver of that term or condition, and does not otherwise impair ExpressArrival.com to enforce or apply such term or condition.
If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent of the invalid and/or unenforceable provision.
15. FUTURE CHANGES TO TERMS AND CONDITIONS:
ExpressArrival.com reserves the right to unilaterally modify, amend, change or supplement the ExpressArrival.com terms and conditions without notice to you. Only an officer or director of ExpressArrival.com may authorize a supplement to, or modification, change or amendment of, the ExpressArrival.com terms and conditions. No other agent or employee of ExpressArrival.com, its affiliates, nor any other person or party, is authorized to do so.
16. ENTIRE AGREEMENT:
This document will serve as the entire agreement governing the relationship between yourself and ExpressArrival.com. All other communications, whether verbal or in writing, are not to be considered, and do not form part of this agreement. Acknowledgement and acceptance of this agreement by you renders all other negotiations and agreements between the parties null and void.
This agreement will be governed by the laws of the province of Quebec, Canada. By agreeing to this contract you are automatically submitting yourself to the jurisdiction of the courts of Quebec, situate in Montreal, in the event that a dispute arises concerning, or that is related to, this agreement.
By requesting registration and enlistment with ExpressArrival.com services, you acknowledge to have read, understood and agreed to be bound by the preceding Terms and Conditions.
Express Arrival Inc.
6693 Thimens Blvd
(This document was last updated on November 24, 2016)