A-Way Express Courier Conditions
Customer and A-Way Express agree that:
1. The nature of A-Way’s business is such that it cannot guarantee or to be financially responsible for the consequences of loss of goods or failure to deliver by a stipulated date or time. In no event (including but not limited to fundamental breach of contract, breach of fundamental term of contract and the negligence or gross negligence of A-Way, its employees or agents, and whether arising from misdelivery, failure to deliver or delay in delivery) shall A-Way be liable whether at the suit of the party or parties contracting directly with A-Way at the suit of a third party, and whether in contract, tort or otherwise, for indirect or consequential damages or for damages for loss of use or for loss of earnings or profits. A-Way’s liability for any loss, theft, damage or injury to a shipment shall not exceed $50.00.
2. A-Way Express will not accept any liability for loss, theft, delay or damage unless written notice is received by it within 30 days of contract date.
3. A-Way does not accept tenders.
4. No employee, agent, or representative of A-Way is authorized to add to or to modify any provision of this agreement.