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Terms and Conditions
 

1. Definitions - The following definitions shall apply to the terms and conditions set out below which govern this Contract of Carriage between you and us. "We", "us" and "our" means subsidiaries, affiliates of UNITED EXPRESS AGENCY CORP. and their respective employees, agents and independent contractors; "You" and "your" means the sender, consignor, consignee of the Shipment, holder of this consignment note, receiver and owner of the contents of the Shipment or any other party having a legal interest in those contents; "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Shipment; "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of the country in which the Shipment originates, any intermediate stop or destination country for the Shipment; "Shipment" means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted by us for Carriage and is transported under this consignment note.

2. The party with whom you are contracting - Your contract is with the subsidiary or affiliate of UNITED EXPRESS AGENCY CORP. or any of their independent contractors that originally accepts the Shipment from you. You agree that we may subcontract the whole or any part of the Carriage on any terms and conditions we decide.

3. Your acceptance of our terms and conditions - By giving us your Shipment you accept our Terms and Conditions set out in this Contract of Carriage on behalf of yourself or anyone else who has an interest in the Shipment irrespective of whether you have signed the front of this consignment note or not. Our Terms and Conditions also cover anyone we use to collect, transport or deliver your Shipment. None of our employees, agents or sub-contractors are authorized to waive, alter or modify these terms and conditions. Where you give us the Shipment with oral or written instructions which conflict with these Terms and Conditions we shall not be bound by such instructions.

4. Dangerous goods / security / prohibited items 4.1 Dangerous goods We do not accept Dangerous Goods as specified in the ICAO T.I., IATA DGR, IMDG-Code, ADR or other National or International regulations for surface transport of Dangerous Goods. 4.2 Air cargo security regulations a) You must ensure that the Shipment does not contain a prohibited article as listed in Standard 4.1.1 of the Fifth Edition of ICAO An Annex 17. You must give a full description of the contents of the Shipment on the consignment note. All Shipments are subject to security screening which may include the use of X-ray equipment. b) You declare that you have prepared the Shipment in secure premises, by reliable staff employed by you, and that the Shipment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to hand over to us. 4.3 Prohibited item We do not accept anything that is a Prohibited Item.

5. Right of inspection
- you agree that we or any governmental authority, including customs may open and inspect your Shipment at any time.

6. Routing of shipments - this means, the route, and the method we transport your Shipment shall be at our sole discretion.

7. Customs clearance 7.1 you hereby appoint us as your agent solely for the purpose of clearing and entering the Shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearance and entry if we sub-contract this work. If any customs authority requires additional documentation for the purpose of confirming our customs clearance status it is your responsibility to provide the required documentation at your expense. 7.2 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. To the extent that we may voluntarily assist you in completing the required customs 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 pay any administration fee we may charge you for providing such assistance. 7.3 Any customs penalties, storage charges or other expenses we incur as a result of the actions of customs or governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required license 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.

8. Incorrect address and P.O. Box numbers - If we are unable to deliver a Shipment because of an incorrect address, we will make all reasonable efforts to find the correct address. If the correct address is found to be in the same destination country we will notify you of the correction. We will deliver or attempt to deliver the Shipment to the correct address. Please note we are not able to deliver to P.O. Box numbers.

9. Undeliverable and rejected shipments - Where we are unable to complete the delivery of a Shipment we will try to leave a notice at the receivers address stating that delivery has been attempted and the whereabouts of the Shipment. If after one more attempt delivery has not been made or the receiver refuses to accept delivery we will try to contact you and agree the appropriate action to take. 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.

10. Your obligations You warrant to us: a) that the contents of the Shipment have been properly described and that the consignment note including the consignees address has been accurately and legibly completed; b) that the contents of the Shipment have been labeled and packed safely and carefully to protect them against the ordinary risks of transport; c) that the contents of the Shipment are not Prohibited Items or are not ones restricted by IATA or ICAO and that you will supply to us any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations; d) that in the case of an intra-European Union Shipment where the receiver pays, that your VAT identity number and that of the receivers have been correctly given. You agree to indemnify us and hold us harmless from any liability we may suffer or any costs, damages or expenses including legal costs we incur arising out of you being in breach of any of these warranties

11. Extent of our liability Subject to clause 12 below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows: Carriage by air 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 (as amended by the Hague protocol 1955) will be applicable. This international treaty governs and limits our liability for loss, damage or delay to your shipment to special drawing rights 17 per kilo (approximately 20 USD although the rate varies from time to time). Carriage by road If the carriage of your shipment is solely by road transport in, to or from a country which is a party to the convention on the contract for international carriage of goods by road 1956 ("the cmr") our liability for loss or damage to your shipment or the part affected is limited to special drawing rights 8.33 per kilo (approximately 10 USD per kilo although the rate does vary from time to time). 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. If neither of the above conventions applies for whatever reason including breach of contract, negligence or willful act or default, we limit our liability for loss, damage or delay to your shipment or the part affected to 20 USD per kilo.

12. Exclusions 12.1 We shall not be liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, use of contents or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, misdelivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise. 12.2 We shall not be liable if your Shipment or any part of it is lost, damaged, delayed or misdelivered or not delivered at all as a result of: a) Circumstances beyond our control such as: • Acts of God which shall include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, frost; • Force Majeure which shall include war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions; • National or local disruptions in air or ground transportation networks, mechanical problems to modes of transport or machinery; • Latent defects or inherent vice in the contents of the Shipment. b) Your acts of omissions or those of third parties such as: • You being in breach of or any other party claiming on interest in the Shipment causing you to breach your obligations under these terms and conditions in particular those warranties set out in Clause 10 above; • An act or omission of any customs, airline, airport or government official. c) The contents of the Shipment consisting any of article which is a Prohibited Item even though we may have accepted the Shipment by mistake. 12.3 We are not common carriers and no liability will be assumed by us as such.

13. Increased limits of liability 13.1 If you are dissatisfied with our limits of liability then on payment of our current surcharge, details of which are available from the nearest office of ours, we will increase our limits of liability for loss or damage to your Shipment to twice that of the Warsaw Convention limit for carriage by air and four times the CMR limit for carriage by road. 13.2 For documents weighing less than 12.5 kilos on payment of the appropriate surcharge we agree to increase the limit of our liability to 500 USD per Shipment. 13.2 The increased limits of our liability do not apply where. • Our liability is excluded as set out in the Clauses above; • You have taken out insurance cover with us; • The Shipment is delayed; • .You fail to pay us the surcharge having been invoiced for it;

14. Insurance [not available for documents] Due to the risks of loss or damage to the contents of a Shipment we advise you to purchase insurance cover from us for the full value of the contents by completing the relevant box on the cover of the consignment note. Our insurance covers against all risks of loss and damage during Carriage up to a maximum of 100.000.00 USD. It does not cover consequential loss nor delays in Carriage.

15. Claims brought by third parties You undertake to us that you shall not permit any other person who has an interest in the Shipment to bring a claim or action against us arising from the Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

16. Claims procedure If you are dissatisfied with our limits of liability then on payment of our current surcharge, details of which are available from the nearest office of ours, we will increase our limits of liability for loss or damage to your Shipment to twice that of the Warsaw Convention limit for carriage by air and four times the CMR limit for carriage by road. a) You must notify us in writing about the loss, damage or delay within 21 days after delivery of the Shipment or within 21 days of the date the Shipment should have been delivered and then within the next 21 days document the claim by sending us all relevant information about the Shipment and the loss, damage or delay suffered. We are not obligated to act on any claim until our transportation charges have been paid nor are you entitled to deduct the claim for those charges; b) We will assume the Shipment was delivered in good condition unless the recipient has noted the damage on our delivery record when he accepted the Shipment. In order for us to consider a claim for damage the contents and the original packaging must be available to us for inspection; c) Your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 2 years 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 stopped.

17. Rates and payment 17.1 You agree to pay our charges for the Carriage between the locations specified on the consignment note and any value added taxes for the Carriage within 14 days from invoice date such charges to be calculated in accordance with the rates applicable to your Shipment as set out in our current tariff/rate card or which have been agreed separately with you. All import duties, value added taxes on goods and all other charges levied on the Shipment shall be payable on delivery. If you do not have a copy of our tariff/rate card one is available on request from any of our offices in the country from which the Shipment was sent. Our tariff/rate card may also contain additional payment terms and conditions. We charge the higher of the actual weight or the volumetric weight of the Shipment calculated in accordance with the volumetric conversion equation set out in our tariff/rate card. We reserve the right to charge interest on all outstanding invoices at the rate of 1% per month. 17.2 Even if you have given us different payment instructions or you have agreed with the receiver of the Shipment or another third party that they will pay our charges and/or any duties, taxes, assessments, expenses, surcharges and fines levied or incurred by us in connection with the Shipment if the receiver or that third party refuses to pay our charges for the Carriage or reimburse us for any of the above costs you agree to pay them within 7 days of us notifying you of the refusal to pay. 17.3 We shall have a general lien on all of your Shipments in our possession at any one time with the right to sell their contents and retain the proceeds instead of any amounts that you may owe us for previously delivered Shipments. 17.4 Using our accounts with other carries for third party billing shipments. You are responsible with all charges. Regardless of dispute or amount charged, you agree to pay the billed amount to you.

18. Law and jurisdiction
18.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect any other provision of this Contract of Carriage all of which shall remain in force. 18.2 Disputes arising from this Contract of Carriage relating to the amount of moneys owed to us by you shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of UNITED EXPRESS AGENCY CORP. or the independent contractor that accepts your Shipment for Carriage is based. All other disputes arising from the Contract of Carriage shall be subject to the laws of New York State shall apply and the U.S. District Court for the Eastern District of New York shall have exclusive jurisdiction.

19. Credit Card Shipping We (United Express Agency Corp / www.unitedexusa.com) hold the right to re charge customer credit card under fallowing conditions:

- Incorrect weight : If declared weight does not match the actual weight
- Additional Charge : Additional charges may apply for some shipments such as   residential address, incorrect shipping address etc.....


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