(a) IBC will not be liable for any loss of or damage to any mail from suppliers or vendors before they arrive and are signed for at the shipping address.
(b) Except as otherwise provided for in Paragraph 5 below, whilst the mail is in the possession of IBC or IBC's agents, IBC will not be liable for loss or damage of any kind.
(c) Without restricting the generality of the foregoing, IBC shall not be liable for;
(i) Lost, damaged or misdelivered mail;
(ii) Delays in the delivery of the mail;
(iii) Consequential loss, such as loss of income, interest or business investment opportunities as a result of lost, damaged, destroyed or misdelivered mail; or as a result of delays in the delivery of the mail; or as a result of the negligence of IBC.
(d) The
Customer has appointed IBC to act as agent for the
purposes of passing the Customer’s goods through Bermuda
customs (hereafter termed “the Agency Arrangement”).
The Customer acknowledges that, as
part of the Agency Arrangement, IBC will submit
information on behalf of the Customer to Bermuda
customs. The Customer further acknowledges that it is a
criminal offence to provide false and/or inaccurate
information to Bermuda customs.
The Customer accordingly undertakes
to provide IBC all necessary and relevant information to
allow the Company to clear the Customer’s goods through
Bermuda customs (“the Undertaking”). The Customer
further warrants that any and all such information will
be true and accurate (“the Warranty”).
The Customer agrees to keep IBC
fully indemnified against all actions, claims, costs,
expenses (whether legal costs or otherwise), damages,
fines (whether criminal or civil in nature) brought
against or suffered by IBC arising out of any breach of
the Undertaking or Warranty.
In addition, the Customer agrees to
immediately reimburse and compensate IBC upon demand for
all and any fines or damages paid by IBC to compromise
or settle any claim or prosecution by Bermuda customs
against the Company arising out of any or any alleged
breach of the Warranty or Undertaking.
The Customer also agrees that any
fines or damages, paid by IBC to compromise or settle
any claim or prosecution by Bermuda customs against IBC
arising out of any or any alleged breach of the Warranty
or Undertaking, may be debited from any credit card that
the Customer provided to IBC to settle the charges for
processing their shipments.