Terms and Conditions of Service
The following paragraphs, along with the TCS Tariff, contain the general
terms and conditions under which TCS is engaged in the transportation
of small packages (including "Express Envelopes") in its own
territory and jointly through interchange with its affiliates. The Terms
and Conditions of Service in the TCS Rate and Service Guide are published
periodically by TCS. The most current version of these Terms and Conditions
of Service may be found at the TCS website and is available at all local
TCS offices. TCS reserves the right to unilaterally modify or amend
any portion of the TCS Tariff, the TCS Rate and Service Guide or these
Terms and Conditions of Service at any time without prior notice. The
current version of these Terms and Conditions of Service and any modifications
or amendments supersede all previous TCS Rate and Service Guides. Any
failure to enforce or apply a term or provision of the TCS Rate and
Service Guide or the TCS Tariff shall not constitute a waiver of that
term or provision by TCS, and shall not diminish or impair TCS´s
right to enforce such term or provision in the future.
TCS is engaged in the transportation of small packages via a variety
of services, including TCS Air Services. TCS is engaged in the international
transportation of small packages via "TCS Worldwide Express. All
packages shipped internationally covered under a single TCS Waybill
shall be considered a single shipment.
TCS Tariff
No service shall be rendered in the transportation of any of the prohibited
articles listed in the applicable TCS service guide or TCS Tariff.
No service shall be rendered in the transportation of articles of unusual
value (as defined in the TCS Tariff), including, but not limited to:
(i) Coins, currency, postage stamps, negotiable instruments (except
checks), money orders, unset precious stones, and industrial diamonds;
(ii) Any article that contains more than 50 percent by weight of gold
or platinum, or any combination thereof in raw form, including, but
not limited to, bullion, bars or scraps of these metals.
TCS will not be liable for any loss of or damage to articles of unusual
value. TCS reserves the right, but is not required, to return to the
shipper any package containing an article of unusual value. Such return
will be made solely at the shipper’s risk and expense.
Prohibited by Law
It is the responsibility of the shipper to ensure that a shipment tendered
to TCS does not violate any federal, state, provincial, or local laws
or regulations applicable to the shipment. No service shall be rendered
by TCS in the transportation of any shipment that is prohibited by applicable
law or regulation of any federal, state, provincial, or local government
in the origin or destination country.
Right of Inspection
TCS reserves the right, but is not required, to open and inspect any
package tendered to it for transportation.
Packaging
It is the responsibility of the shipper to ensure that proper packaging
is used and that contents of packages are adequately and securely packed,
wrapped, and cushioned for transportation. The use of TCS-provided packaging
is not a guarantee that an item is sufficiently packaged for transportation.
TCS does not provide special handling for packages with "Fragile,"
package orientation (e.g., "UP" arrows or "This End Up"
markings), or any other similar such markings.
Refusal of Service
TCS reserves the right to refuse to provide service, among other reasons,
for any package that by reason of the dangerous or other character of
its contents may, in the sole judgment of TCS, soil, taint or otherwise
damage other packages or TCS's equipment, or that is improperly or insecurely
packed or wrapped. Packages must be so packed or wrapped as to meet
the requirements set forth in the International Safe Transit Association
Procedure.
In addition, TCS reserves the right to refuse to provide service for
any package, or to or from any location, or to provide alternative service
arrangements when, among other reasons, TCS, in its sole discretion,
deems that it is unsafe or economically or operationally impracticable
to provide service.
Pickup Charge
TCS reserves the right to assess a surcharge, set forth in the TCS
Rates applicable to the shipment in effect at the time of shipping,
for the pickup of prepaid shipments.
TCS Service Guarantee
TCS guarantees on-schedule delivery of packages shipped via TCS Overnight
services.
TCS guarantees on-schedule delivery of packages shipped via TCS Same
Day Express.
TCS guarantees on-schedule delivery of packages shipped via TCS Extra
Special Express.
TCS guarantees on-schedule delivery of packages shipped via TCS Sentiment
Express.
Delivery Change Requests
TCS may honor a request that TCS reroute a package to a consignee.
TCS will honor such a request where practicable, and where the shipper
has guaranteed payment of any applicable charges resulting from the
change.
Special Handling of Undeliverable Packages
Domestic packages refused by the consignee, or which cannot be delivered
due to any other cause beyond TCS's control, will be returned to the
shipper at shipper's expense. A package returned to the shipper after
delivery is subject to applicable Charges. The TCS Service Guarantee
does not apply to undeliverable packages returned to the shipper.
International shipments refused by the consignee, or which for any other
reason cannot be delivered, will be held, and TCS will attempt to contact
the shipper for further instructions. The shipper will be responsible
for payment of all charges, including, but not limited to, forwarding,
disposal, or return transportation charges, as well as any duty and
tax, if applicable.
Interruption of Service
TCS shall not be liable for any interruption of service due to causes
beyond its control, including, but not limited to, the following: the
unavailability or refusal of a person to accept delivery of the shipment;
acts of God; acts of public authorities acting with actual or apparent
authority; acts or omissions of customs or similar authorities; insufficient
information provided by a customer; Hazardous Materials packages improperly
offered for transport; the application of security regulations imposed
by the government, or otherwise applicable to the shipment; riots, strikes
or other labor disputes; civil unrest; disruptions in air or ground
transportation networks and natural disasters.
Residential Delivery
A residential delivery is defined as delivery to a location that is
a home, including a business operating out of a home that does not have
an entrance open to the public.
Delivery Confirmation Services
Delivery Confirmation - At the time a shipper tenders a domestic package
to TCS, the shipper may request Delivery Confirmation Service by indicating
Delivery Confirmation on the TCS Shipping Record book or in a TCS automated
shipping system. Each Delivery Confirmation response will include the
date of delivery and either the name of the recipient or the disposition
of the package; or, in the event of a return, the response will indicate
the reason for the return and the date processed. An additional charge,
set forth in the TCS Rates applicable to the shipment in effect at the
time of shipping, will be assessed for each such response. All responses
will be consolidated and provided to the shipper in printed or electronic
format.
Delivery Confirmation Signature Required (domestic and international) - A shipper may request TCS to obtain the recipient's signature and to include it on the Delivery Confirmation response.