CARRIAGE TERMS AND CONDITIONS
THE EMPOST COURIER CONSIGNMENT NOTE (AIRWAY BILL)
The Consignment Note is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by Empost on behalf of the shipper. The shipper warrants that he is still the owner of the goods transported hereunder, or that he is the authorized agent of any other person having any interest in the shipment.
SHIPPER OBLIGATION AND ACKNOWLEDGMENTS
The shipper warrants
a) That each article in the shipment is properly described on the Consigment Note and
b) That no article in the shipment has been declared to be unacceptable for transport and
c) That the shipment is properly marked and addressed and securely packed to ensure safe transportation with ordinary care and handling.
The shipper understands and agrees, that Empost may abandon and/or release any shipment or part thereof consigned to Empost by the shipper which Empost has declared unacceptable or which the shipper has undervalued for Customs purposed or mis-described whether intentionally or not without incurring any liability whatsoever and the shipper will save and defend and hold Empost harmless from all claims or damages there from.
The shipper shall be solely liable for all costs and expenses, which shall include but not be limited to Octroi, Customs Duties or any other taxes or impost relating to the shipment and for any Costs or expenses incurred in returning the shipment to the shipper, including warehousing, storing or disposing of them in any way whatsoever.
The shipper understands and agrees that Empost is not a common carrier and that Empost reserves the right at its sole discretion to refuse or abandon the carriage or transportation of any particular goods for any person, firm, company or corporation and the carriage or transportation of any class of goods whatsoever.
RIGHT OF INSPECTION OF SHIPMENT
Empost has the right to inspect any shipment but is under no obligation to do so. If does so it shall be entitled to open the shipment and examine any package therein. In that event Empost will exercise reasonable care but it shall be not liable for any damage to the shipment or any delay of the shipment arising as a result of such examination.
LIEN ON GOODS TRANSPORTED
Empost shall have a lien on all goods transportation for all freight charges, Custom Duties, advanced or other charges or any type arising out of transportation hereunder and may refuse to surrender possession of the shipment until all such charges owedare paid.
PAYMENT SURCHARGES REGULATIONS
In case real weight exceeds declared weight, weship will surcharge the payment related to the exceeding weight; if the pick up or delivery address indicated during the booking is included in the UAE remote zones list weship has the right to surcharge the cost of the shipment accordingly.
If the Consignee refuses to accept the shipment, weship will return it to the sender who will be charged according to the previous agreed rate.
LIMITATION OF LIABILITY FOR DIRECT LOSS
Direct loss means, the destruction or permanent disappeareance of the shipment or physical damage to the shipment or any part thereof while in the custody of Empost or its agents. Shipment shall include all documents or merchandise consigned to Empost under the Consigment Note.
The liability of Empost for direct loss is limited to the maximum of:
a) AED 100,00 or;
b) The total amount of loss or damage actually sustained in respect of any documents or merchandise contained in the shipment subject to a) above or;
c) The actual, value of all, lost or damaged documents or merchandise contained in the shipment subject to the maximum liability as in a) above. Without regard to any commercial utility or liability as in a) above. Without regard to any commercial utility or special value to the shipper/consignee.
d) IF THE SHIPPER BELIEVES THAT THE VALUE OF THE SHIPMENT EXCEEDS AED 100.00 HE IS ADVISED TO OBTAIN APPROPRIATE INSURANCE COVER.
1. ACTUAL VALUE
1.1. The actual value of a document contained in a shipment which term includes any item declared to be of no commercial value, shall be either its actual cost of production, replacement, reconstruction, repair or reconstitution at the date of shipment shown on the Consignment Note whichever is less.
1.2. The actual value of merchandise in a shipment which terms includes any item declared to be of no commercial value , shall be either its actual cost of production, replacement, reconstruction, repair or reconstitution at the date of shipment shown on the Consignment Note or its resale of fair market value at that date whichever is less, provided that the actual value shall not exceed the original cost of the article paid by the shipper plus 10 percent.
2. EXCLUSION OF CONSEQUENT LOSS
Empost shall not be liable for consequential loss which means any loss or damage other than direct loss suffered or alleged to have been suffered by the shipper or by any other person in consequence of the carriage of the shipment by Empost or its employees or agents or in consequencies of any breach by Empost its employees or agents of the agreements to carry the shipment.
3. EXCLUSION OF LIABILITY FOR DELAY
Empost shall not be liable for delay which means any delay in the pick-up, transportation, or delivery of any shipment or any mis-delivery or non-delivery of any shipment caused by:
a) An act or omission of Empost employees or agents or
b) An act of God or
c) Force Majeure which shall include but not be limited to industrial or political disputes, hijacking, war or threat of war, acts of foreign governments and any other or not reasonably within the control of Empost or:
d) The act of default or omission of the shipper or the shipper or the consignee or any other party who claims an independent interest in the shipment including any breach of any condition herein, or any person other than Empost or any Customs or other government official, of any postal service, forwarder or other person to whom a shipment is tendered by Empost for transportation to any location not regularly served by Empost regardless of whether the shipper requested or had knowledge of such third-party delivery arrangements or;
e) The nature of the shipment or any defect, characteristic or vice thereof.
1.1. Any claims by the shipper must be notified in writing to Empost within 30 days of the date of delivery provided in the agreement. Empost reserves the right to decline or accept any claims not so notified.
1.2. In any event Empost will be under no liability to accept any claim unless and until the shipper has paid to Empost all changes due under the agreement. The shipper may set off the amount of his claim against those charges.
2. MATERIALS NOT ACCEPTABLE FOR TRANSPORT
Except with express written consent of an authorization employee of Empost the following will be carried:
|Currency||Stamps||Work of Art|
|Jewelry||Precious Metals||Precious Stones|
|Cashier Cheques||Money Orders||Travellers’ Cheque|
Negotiable instruments in Bearer Form lewd, obscene or pornographic materials Industrial Cartoons and Diamond Articles by IATA, including hazardous or combustible materials prohibited by any federal, state or local government of any country or territory from, to or through which the shipment may be carried,
Any other items from the time notified by Empost to be a prohibited item in accordance with this section.
3. WARSAW CONVENTION
In contracts to which the Warsaw Convention applies, the liability to Empost to the shipper maybe further limited. The contract incorporates such of the provisions of the Convention as may be applicable to it.
4.1. If the shipper wishes to insure the shipment then he may notify Empost in writing before delivering the shipment Empost stating the nature and value of goods and the extent of the cover required.
4.2. Upon receipt of that notification from the shipper Empost will allocate an Insurance cover and notify, the shipment, obtain the required insurance Reference Number to the shipment, obtain the required insurance cover and notify the shipper of the Insurance Reference Number.
4.3. Upon receipt of the Insurance Reference Number, within 14 days of being invoiced the shipper shall become liable to pay the full amount of such premium Empost.
4.4. Any Insurance covered arranged by Empost under the agreement shall be limited to AED 100,00
4.5. Any insurance cover issued under the agreement, shall be subject to such terms and conditions, as the insurer shall stipulate.
5. LAW OF CONTRACT
The shipper and Empost hereby irrevocably agree that country of origin Laws shall apply to every particular and exclusively submit to the sole jurisdiction with the country of origin.