MEMBERSHIP CONTRACT

1. The terms and conditions below together with all those stated on the Application Form and those set out in the United States Postal Service Form for Delivery of Mail through an Agent (USPS Form) (which will be sent to you for your signature) are the terms and conditions of the contract between you, the sender of the overseas mail and/or package(s) and us TARA COURIER SERVICES LIMITED of 49 ½ Lyndhurst Road, Kingston 5 in the parish of Saint Andrew (TARA).

2. DEFINITIONS
(a) “Overseas Mail” means any letter, envelope or document which may be sent through the United States Postal Service and which is accepted by TARA for shipment and delivery.
(b) “Package” means any container or parcel that is accepted by TARA for shipment & delivery.

3. AGREEMENT TO TERMS
TARA has agreed to provide members who have submitted the Application Form, the USPS Form and this Contract with an Overseas Mail and Package service. By agreeing to use TARA as your agent for delivery to you of the Overseas Mail and Package(s) (collectively referred to as “the Shipment”) you agree to abide by the terms and conditions of this Contract and warrant that the information provided on the Application Form and USPS Form is true and correct.

4. ITEMS NOT ACCEPTABLE
TARA will not accept as a Shipment any hazardous materials listed on our website, www.taracan.com on the “Hazardous Materials” page (Tara-USA/hazardous-materials), nor the following items and you certify that your Shipment does not include any of the following items:

(a) Money (including but not limited to coins or negotiable instruments equivalent to cash such as endorsed stocks and bonds) jewelry, gems and precious metals;
(b) Shipments of items accepted by mistake;
(c) Items restricted by IATA (International Air Transport Association) or IAC (International Civil Organization);
(d) Perishable items;
(e) Items which in our discretion we cannot transport legally or safely.

5. We reserve the right to reject Packages based on these limitations or for reasons of safety or security.

6. YOUR OBLIGATIONS
(a) You warrant that each article in the Shipment and any other document accepted by TARA may safely be transported by TARA with ordinary care in handling.
(b) You agree to pay all shipping charges and customs duties and any other costs or taxes arising in relation to the shipment.

7. RESPONSIBILITY FOR PAYMENT
You agree that the person listed as the primary name on the account will be the one held responsible for all debts incurred on the account in accordance with the rates set out on the “Rates” page of our website (Tara-USA/Rates).

8. DELIVERY
We will undertake the delivery of the Shipment once it arrives in Jamaica to you at the address set out in the Application Form, unless otherwise specified by you. Deliveries to areas in and around major towns and cities will be done on the next business day after the Shipment has been cleared. Deliveries outside of these areas will be scheduled for the second business day or in more remote areas a special delivery will have to be arranged. Deliveries will only be made on regular business days (Mondays to Fridays during normal working hours).

9. DELAYED SHIPMENTS
We agree to make every effort to deliver the Shipment according to the delivery schedules provided in Clause 8 above, but we are not liable for any delays, even if they are our fault in:-

(a) Collecting a Shipment;
(b) Transporting a Shipment (including delays caused by any diversion); and
(c) Delivering a Shipment.

10. NO WARRANTIES
We make no warranties expressed or implied.

11. LIMITATION OF LIABILITY
Our maximum liability for loss of or damage to your Shipment shall in no circumstances exceed the lesser of:

(a) the value of the Shipment; or
(b) Where you are not the owner of the Shipment, your liability to the Owner.

Provided that in any case our liability is limited to J$5,000.00 per shipment or J$1,000.00 per kilogram whichever is less.

LIABILITIES NOT ASSUMED
(a) SUBJECT TO CLAUSES 10 & 11 ABOVE, NEITHER TARA NOR ANY OF THEIR AGENTS SHALL BE LIABLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN ANY EVENT FOR ANY SHIPMENT GIVEN TO TARA WITH A VALUE IN EXCESS OF THE AMOUNT DECLARED WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS.
(b) We will not be liable for loss of or damage to Shipments containing money or other prohibited items or hazardous items as listed in Clause 4 above.
(c) We will not accept liability for fragile items including glass or ceramics not packaged properly.
(d) We will not be liable for your acts or omissions including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing marking or addressing of the Shipment, or for acts or omissions of the recipient or any one else with an interest in the Shipment. Also we will not be liable for loss, damage, delay, shortage, misdelivery, non-delivery, misinformation or failure to provide information in connection with Shipments of money as defined in Clause 4 above or other restricted or prohibited items.
(e) We will not be liable for loss, damage, delay, shortage, misdelivery, non-delivery, misinformation, or failure to provide information caused by events beyond our control including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions or acts of public authorities (including Customs or Health Officials).

12. INDEMNITY
You shall indemnify and keep TARA harmless from and against any loss or damage or injury to any and all persons, cargo or property arising out of TARA’s carriage of the Shipment on your behalf and from and against all claims, demands, actions, causes of action, proceedings, losses and costs whatsoever and whomsoever made or preferred in excess of our legal liability under these terms and conditions.

13. CLAIM FOR LOSS, DAMAGE OR DELAY
ALL CLAIMS MUST BE MADE IN WRITING SUBMITTED TO TARA AND WITHIN THE TIME LIMITS SET OUT BELOW.

(a) The right to damages against within the limits of Clause 11 above shall be extinguished within one (1) year from the date of delivery of the Shipment or from the date on which the Shipment should have been delivered.
(b) Within 60 days of notification to us of the claim it must be documented by sending to us all relevant information about it. We are not obligated to act on any claim until all transportation charges have been paid and the claim amount may not be deducted from those charges.
(c) If the recipient accepts the Shipment without noting any damage on the delivery record we will assume that the Shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons and packing must be available to us for inspection.

14. CUSTOMS CLEARANCE, CUSTOMS DUTY & TAXES
All Shipments entering Jamaica are subject to customs inspection and you agree to pay all customs duties, taxes and handling charges that may be incurred on your behalf. You agree that the original sum placed with us as a non refundable registration fee when the account was opened may be used to offset any custom duties and taxes that may be incurred on your behalf. These amounts will then become due on your regular Cash AWB, invoice or monthly statement. If the customs duty and taxes exceeds the registration fee amount you will be required to pay the difference on a COD basis. If this occurs on a frequent basis, you may be requested to increase the registration fee amount. In certain cases you may be asked to provide the customs duty and taxes prior to clearing.

15. PACKAGES NOT COLLECTED
Shipments left at any of our hubs for collection based on your written or verbal instructions for more than seven (7) days will incur storage charges for each day over that time.

16. INSURANCE
Shipments are insured only at your request at a cost of US $10.00 for each US $100.00 of declared value or any part thereof.

The following items cannot be insured:

Food & Perishable Items
Gems & Precious Metals
Cash – Coins and Notes
Electronic Files (all Media – CDs, diskettes etc)
Bearer Instruments (Financial)
Transportation Tickets (airline, train, etc)
Documents
Items on IATA “Hazardous” Listing
Stamps
Glass and Ceramics (not properly packaged)
Manuscripts