|
|
|
 |
1. DEFINITIONS：
The following definitions apply to the terms and conditions set out below that govern this contract of carriage between you and us
"we", "us" and "our" means subsidiaries, affiliates of D2D FOURTH PARTY LOGISTICS and their respective employees, agents and independent contractors;
"you" and "your" means the sender, consignor or 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;
"shipment" means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note.
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels
2. THE PARTY WITH WHOM YOU ARE CONTRACTING：
Your contract is with the subsidiary or affiliate of D2D FOURTH PARTY LOGISTICS that 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 our 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 subcontractors are authorized to waive, alter or modify these terms and conditions. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. DANGEROUS GOODS / SECURITY /PROHIBITED ITEMS：
4.1 Dangerous Goods：
a) Except in the circumstances shown in paragraph 4.1 (b) below we do not carry dangerous goods including those specified in the International Civil Aviation Organization (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
b) We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
4.2 Air Cargo Security Regulations ：
a) You must ensure and you hereby 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 our consignment note and your liability is not extinguished by providing this information. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons.
b) You declare that you have prepared the shipment in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to hand over by you to us.
4.3 Prohibited Items ：
We do not accept prohibited items.
5. INCORRECTADDRESS 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. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address. Please note we are not able to deliver to P.O box numbers..
6. 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:
a) 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) or the Montreal Convention 1999 will be applicable. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (approximately US$ 20 per kilo although the rate of exchange is variable).
b) Carriage by road
If we carry your shipment solely 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 or the part affected is limited to 8.33 special drawing rights per kilo (approximately US$10 per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
If none of the limits of liability of the above conventions apply for any reason including breach of contract, negligence, wilful act or default our liability to you for loss, damage, delay, misdelivery or non-delivery of your shipment or the part affected is limited to the actual cost incurred by you to acquire the shipment or the part affected with in every case an upper limit that does not exceed US$ 20 per kilo.
7. EXCLUSIONS ：
7.1 We are not 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.
7.2 We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered at all as a result of:
a) circumstances beyond our control such as (but not limited to):
? acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
? force majeure including war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
? national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
? latent defects or inherent vice in the contents of the shipment.
b) 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 10;
an act or omission of any customs, airline, airport or government official.
c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
7.3 We are not common carriers and no liability will be assumed by us as such.
8.INCREASED LIMITS OF LIABILITY FOR INTERNATIONAL SHIPMENTS ：
8.1 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.
8.2 For documents weighting less than 12.5 kilos on payment of the appropriate surcharge we agree to increase the limit of our liability to US$100 per shipment.
8.3 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.
9.CLAIMS PROCEDURE：
In the case of loss or damage resulting in a Claim you must immediately notify the nearest of our offices to you and ,in any event all claims must be notified within 21 days .The full Claim Procedure is available from our nearest office.
10. RATES AND PAYMENT ：
You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note and any value added taxes for the carriage within 7 days from the date of our invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card. 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.
11. LAW AND JURISDICTION ：
Disputes arising from this contract of carriage relating to the amount of monies 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 D2D FOURTH PARTY LOGISTICS or the independent contractor that accepts your shipment for carriage is based.
|
|
