5.4 Certain dangerous goods are exempt from the above approved
customer requirements. Details can be obtained from our
nearest Elite Cargo office.
You must ensure and you certify by completing our consignment note or
tendering a shipment to us that your shipment does not contain a
prohibited article as specified in ICAO Annex 17 or other national or
international regulations that govern aviation security. You must give
us a full description of the contents of the shipment on the consignment
note, or other accompanying document, and your responsibilities and
liabilities are not extinguished by providing this information.
5.5 Shipments carried, or handled, by us may be subject to security
screening which could include the use of x-ray, explosive trace
detection and other security screening methods and you accept that your
shipment may be opened and the contents of your shipment may be examined
in transit.
5.6 You declare that you have prepared the shipment for carriage, or for
the performance by us of other services, in secure premises using
reliable staff employed by you and that the shipment has been
safeguarded against unauthorised interference during preparation,
storage and transportation immediately prior to acceptance for carriage
of the shipment by us or for the performance by us of other services.
5.7 We do not accept shipments that contain prohibited items.
5.8 We may be required to share information, including your personal
data for your shipment with the shipment destination country authorities
or transit country authorities for customs and/or security reasons.
6. EXPORT CONTROLS
6.You assume responsibility for and guarantee compliance with all
applicable export controls laws, including but not limited to
regulations and rules that prohibit unauthorised trade in military and
other strategic goods and services with, as well as financial or
commercial dealings with named individuals and entities in countries to,
from, through or over which your shipment may be carried, or
regulations and rules that impose conditions under which certain
technologies, information, and commodities can be transported to, from,
through or over any country which your shipment may be carried.
6.2 You also guarantee that you will not tender any shipment to us if
you or any of the parties involved in the shipment are listed on any of
the United Nations sanctions programmes, regional and national
programmes implementing and/or supplementing those, as well as parties
listed on autonomous measures regulations.
6.3 You agree to identify shipments subject to pre-export regulatory
controls, and provide us with information and all necessary
documentation to comply with applicable regulations.
6.4 You are responsible at your expense for determining export and
import licensing or permitting requirements for a shipment, obtaining
any required licenses and permits, and ensuring that the consignee is
authorised by the laws of the origin, destination countries and any
country(s) asserting jurisdiction over the goods.
6.5 We assume no liability to you or to any other person for your acts
of non-compliance with export control laws, sanctions, restrictive
measures and embargoes.
7. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
9. CUSTOMS CLEARANCE
9.1 You appoint us as your agent solely for the purpose of clearing and
entering the shipment through customs. If we subcontract this work, you
certify that we are the consignee for the purpose of designating a
customs broker to perform customs clearances and entries. If
any customs authority requires additional documentation for the purpose
of confirming the import/export declaration or our customs clearance
status it is your responsibility to provide the required documentation
at your expense.
9.2 You certify that all statements and information you provide relating
to the exportation and importation of the shipment will be true and
correct. You acknowledge that in the event that you
make untrue or fraudulent statements about the shipment or any of its
contents you risk a civil claim and/or criminal prosecution the
penalties for which include forfeiture and sale of your
shipment. To the extent that we may voluntarily assist you in
completing the required customs and other formalities such assistance
will be rendered at your sole risk. You agree to indemnify us
and hold us harmless from any claims that may be brought against us
arising from the information you provide to us and any costs we will
incur regarding this, and pay any administration fee we may charge you
for providing the services described in this condition.
9.3 Any customs duties, taxes (including but not limited to VAT if
applicable), penalties, storage charges or other expenses we incur as a
result of the actions of customs or other governmental authorities or
your failure and/or the receiver's failure to provide proper
documentation and/or to obtain the required licence or permit will be
charged to you or the receiver of the shipment. In the event
that we decide to charge the receiver and the receiver refuses to pay
the incurred charges you agree to pay them to us together with our fee
for the administration involved as well as any extra costs we will
incur. Upon our first request you will provide a proper guarantee for
any of the duties, taxes, penalties, storage charges or any other
expenses set out in this condition.
9.4 We will endeavour to expedite all customs clearance formalities for
your shipment but are not liable for any delays, losses or damage caused
by interference from customs officers or other governmental
authorities.
11. DELIVERY OF YOUR SHIPMENT
Where we are unable to complete the delivery of a shipment for whatever
reason we will try to leave a notice at the receiver's address stating
that delivery has been attempted and the whereabouts of the
shipment. If delivery has not been made after a second attempt
by us, or the receiver refuses to accept delivery, we will try to
contact you and agree the appropriate next action. You agree
to pay us any costs we incur in forwarding, disposing of or returning
the shipment and our charges (if any) for making a third or more
delivery attempt and for the agreed appropriate next action. If we do
not receive your or receiver's instructions within a reasonable period
after our second attempt to deliver the shipment, then you agree that we
may destroy or sell the content of the shipment without any further
liability to you.
12. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
12.1 The contents of the shipment (including but not limited to weight
and number of items) have been properly described on our consignment
note, have been correctly labelled and the label or labels have been
securely fixed by you in a prominent position on the outer surface of
the shipment that can be clearly seen by us;
12.2 the consignee's contact details have been fully,
accurately and legibly entered on our consignment note and on an address
label securely fixed by you to a prominent position on the outer
surface of the shipment that can be clearly seen by us;
12.3 the contents of the shipment have been prepared and packed safely
and carefully by you to protect against the ordinary risks of transport,
or the performance by us of other services, including any associated
sortation and/or handling process;
12.4 you have declared the correct weight of the shipment and you will
provide any special equipment we may need to load or unload the shipment
on or off our vehicles;
12.5 you have securely fixed a heavy weight label in a prominent
position on the outer surface of the shipment that can clearly be seen
by us for any item weighing 30 kilos or more;
12.6 the contents of the shipment are not restricted by IATA, ICAO, IMDG
or ADR and are not prohibited items, and neither you nor the consignee
is a person or organisation with whom we or you may not legally trade
under any applicable laws or regulations;
You agree to indemnify us and hold us harmless from any liabilities we
may suffer or any costs, damages or expenses, including legal costs, we
incur either to you or to anyone else arising out of you being in breach
of any of these warranties, representations and guarantees, even if we
inadvertently accept a shipment that contravenes any of your
obligations.
13. EXTENT OF OUR LIABILITY
13.1 Subject to Clause 14 below, we limit our liability for any loss,
damage or delay of your shipment or any part of it arising from carriage
as follows:
13.1.1 If the carriage of your shipment is solely or partly by air and
involves an ultimate destination or a stop in a country other than the
country of departure the Warsaw Convention (1929), or the Warsaw
Convention as amended by the Hague Protocol (1955) and/or Montreal
Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is
compulsorily applicable, will apply. These international treaties govern
and limit our liability for loss, damage or delay to your shipment to
19 special drawing rights per kilo.
13.1.2 If we carry your shipment by road within, to or from a country
that is a party to the convention on the contract for the international
carriage of goods by road 1956 (CMR) our liability for loss or damage to
your shipment shall be governed by the CMR and thus limited to 8.33
special drawing rights per kilo. In the case of delay where
you can show to us you have suffered loss our liability is limited to
refunding to you the charge you paid us for carriage in respect of that
shipment or the part which was delayed.
13.1.3 If we carry your shipment by road within a country that is not
party to the CMR or between two countries neither of which is a party to
the CMR, our liability for loss or damage to your shipment shall be
deemed to be governed by the CMR and thus limited to 8.33 special
drawing rights per kilo. In the case of delay where you can
show to us you have suffered loss our liability is limited to refunding
to you the charge you paid us for carriage in respect of that shipment
or the part which was delayed.
13.1.4 If none of Clauses 13.1.1 - 13.1.3 above apply and we have a
liability to you for whatever reason for transportation services
performed by us, including without limitation breach of contract,
negligence, wilful act or default, our liability to you for loss,
damage, misdelivery or non-delivery of your shipment or the part
affected is at all times limited to the lower of the market value of the
shipment at the time of carriage or the cost of repairing the shipment
or the part affected with in each case an upper limit that does not
exceed 17 Euros per kilo limited to a maximum of 10,000 Euros per
shipment. In cases of delay where you can show you have suffered loss
our liability is limited to refunding to you the charge you paid us for
carriage in respect of that shipment or the part which was delayed.
13.2 Subject to Clause 14 below, if we have a liability relating to
other services for whatever reason, including without limitation breach
of contract, negligence, wilful act or default, our liability to you is
at all times limited to 10,000 Euros per event or series of events with
one and the same cause of damage or, in case of the loss of or damage to
a shipment, to the lower of the market value of the shipment or the
cost of repairing the shipment or the part affected with in every case
an upper limit that does not exceed 3.40 Euros per kilo with a maximum
of 10,000 Euros per event or series of connected events.
14. EXCLUSIONS OF LIABILITY
14.1 We will not be liable for any loss of income, loss of profits, loss
of markets, loss of reputation, loss of customers, loss of use, loss of
an opportunity even if we had knowledge that such damages or loss might
arise or for any indirect, incidental, special or consequential damages
or loss howsoever arising including without limitation breach of
contract, negligence, wilful act or default.
14.2 We are not liable if we do not fulfil any obligations towards you at all as a result of:
14.2.1 circumstances beyond our control such as (but not limited to):
14.2.2 Your acts or omissions or those of third parties such as:
you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
14.2.3 The contents of the shipment consisting of any article
that is a prohibited item even though we may have accepted the shipment
by mistake.
14.2.4 Our refusal to make any illegal payments on your behalf.
14.3 We are not a common carrier and do not accept any liabilities of a common carrier.
17. INSURANCE
17.1 You may purchase insurance from us for the full value of your
parcel and freight shipment (non document shipment) by completing the
relevant box on the consignment note and paying the indicated charge to
cover you against "all risks" of loss and damage during carriage up to a
maximum of 25,000 Euros per shipment. Where the value of the
shipment is in excess of 25,000 Euros our prior agreement is required
before you can purchase such insurance from us. This insurance is
not available for precious stones, precious metals, laptop computers,
plasma and LCD screens, jewellery, money, glass, china, objects of art,
antiques, documents (other than the reconstitution cost as provided for
in Clause 17.2 below) or any films, tapes, discs, memory cards or any
such other data or image carrying goods. If you do send such goods we
recommend that you arrange insurance yourself.
17.2 You may purchase insurance from us for the reconstruction,
reproducing, reissuing or re-printing cost (including the costs of the
materials (e.g. paper) plus reasonable labor costs) of your document
shipment by completing the relevant box on the consignment note and
paying the indicated charge to cover you against "all risks" of loss and
damage during carriage up to a maximum of 500 Euros per shipment. This
insurance is only available for documents which are listed on the
website of the subsidiary or affiliate or branch of Elite Cargo that
accepts your shipment for carriage.
17.3 The insurance options provided by this Clause 17 (i) do not cover
losses of a consequential nature (see paragraph 13.1 above) or delays in
carriage or where the loss has arisen as a result of your breach of
your obligations under these terms and conditions, (ii) are not
available for non-carriage services and (iii) are not available for a
limited number of countries. For a list of these countries, and/or to
obtain further details on the insurance conditions and coverage, please
contact our customer service center or visit the website of the
subsidiary or affiliate or branch of Elite Cargo that accepts your
shipment for carriage.
19. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any
other damages, you must comply with any applicable convention and with
the following procedure otherwise we reserve the right to reject your
claim:
19.1 you must notify us in writing about the loss, damage or delay
within 21 days (i) after delivery of the shipment, (ii) from the date
the shipment should have been delivered or (iii) from the date you
reasonably should have become aware of the loss, damage or delay in the
event the claim relates to other services.
19.2 you must document your claim by sending us all relevant
information about the shipment and/or the loss, damage or delay suffered
within 21 days of notifying us of your claim.
19.3 we are not obliged to act on any claim until our charges have
been paid nor are you entitled to deduct the amount of your claim from
our charges;
19.4 we will assume the shipment was delivered in good condition unless
the receiver has noted any damage on our delivery record when he or she
accepted the shipment. In order for us to consider a claim for
damage, the contents of your shipment and the original packaging must be
made available to us for inspection;
19.5 save as otherwise provided by any applicable convention and or law,
your right to claim damages against us shall be extinguished unless an
action is brought in a court of law within 1 year from the date of
delivery of the shipment or from the date on which the shipment should
have been delivered or from the date on which the carriage ended or if
the claim relates to other services within 1 year from the date you
ought reasonably to have become aware of the loss, damage or delay;
19.6 in case of acceptance by us of part or all of your claim, you
warrant to us that your insurers or any other third party having an
interest in the shipment shall have waived any rights, remedies or
relief to which they might become entitled by subrogation or otherwise;
19.7 the shipment shall not be deemed to be lost until at least 30
days have elapsed since the date you notified us of the non delivery.
We may agree with you in writing to shorten this period.
20. RATES AND PAYMENT
20.1 You agree to pay our charges (including applicable surcharges) for
the carriage of the shipment between the locations specified on the
consignment note/contract of carriage, or for the performance by us of
other services, and any value added taxes within 7 days from the date of
our invoice without withholding, deduction, counterclaim or set off.
20.2 You waive all your rights to challenge our invoices if you do
not contest our invoice in writing within 7 days from the date of the
invoice.
20.3 Our charges are calculated in accordance with the rates applicable
to your shipment as set out in our current rate card or in the relevant
contract. Our current rate card is available on request from any
of our offices in the country from which the shipment is invoiced.
20.4 We charge for either the actual weight of the shipment or the
volumetric weight of the shipment whichever is the higher and the
volumetric weight is calculated in accordance with the volumetric
conversion equation set out in our rate card. We may check the
weight and/or volume of and/or the number of items within your shipment
and if we find that there is a discrepancy between your declared weight
and/or volume and/or number of items you agree that the weight and/or
volume and/or the number of items that we determine may be used for the
purpose of our calculation.
20.5 As a matter of course all import duties, value added taxes on
goods and all other charges levied on the shipment in the destination
country shall be payable to us by the receiver upon delivery of the
shipment and if the receiver refuses to pay you agree to pay us these
amounts in full within 7 days of us notifying you that the receiver has
not paid.
20.6 You agree that we may charge interest on all invoices not
paid within 7 days from the invoice date at the rate of 6% above the
European Central Bank base rate until full and final payment of the
relevant invoice. You agree to pay our reasonable and proper cost of
collection of invoices not paid within seven days from the invoice date.
22. LAW AND JURISDICTION
Save as provided by any applicable convention, disputes arising from or
related to this contract shall be subject to the laws and the courts of
the country in which the subsidiary or affiliate or branch of Elite Cargo
that accepts your shipment for carriage or performs other services is
based.
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