The customer’s attention is drawn to specific clauses hereof which exclude or limit the company’s liability and those which require the customer to indemnify the company in certain circumstances and those which limit time being clauses 4.0 & 4.1 inclusive 7.0 – 7.4 inclusive 10.0 – 13.0 inclusive
***All headings are indicative and do not form part of these conditions
When ordering SWISS GLOBAL you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment that the Terms and Conditions shall apply from the time that SWISS GLOBAL accepts the Shipment unless otherwise agreed in writing by an authorised officer of SWISS GLOBAL. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
1.0 DEFINITIONS AND APPLICATION
***In these conditions the following words shall have the following meanings:-
“Shipment” means all documents or parcels that travel under one way bill and which may be carried by any means SWISS GLOBAL chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by SWISS GLOBAL automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
“Consignee” the Person to whom the goods are consigned
“Customer” any person at whose request on whose behalf the Company undertakes any business or provides advice, information or services
“Goods” the cargo to which any business under these conditions relates
“Person” natural person(s) or any body or bodies corporate
“Transport Unit” packing case, pallets, container, trailer, tanker or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air
“Owner” the Owner of the Goods or Transport Unit and any other person who is or may become interested in them.
”HMRC” Her Majesties Revenue and Customs
”ZIMRA’ Zimbabwe Revenue Authority
”MRA” Malawi Revenue Authority
2.0 Customs, Exports and Imports
In all and any dealings with HMRC, ZIMRA, MRA for and on behalf of the Customer and/or Owner, the Swiss Global is deemed to be appointed, and acts as, Direct Representative only.
SWISS GLOBAL may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:
1. complete any documents, amend products or service codes and pay any duties or taxes required under applicable laws and regulations,
2. act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry and
3. Redirect the Shipment to Receiver’s import broker or another address upon request by any person who SWISS GLOBAL believes in its reasonable opinion to be authorised.
3.0 Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or SWISS GLOBAL decides it cannot transport an item safely or legally (such items include but are not limited to: aerosols/perfumes, animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
4.0 Deliveries & Undeliverables Shipments
cannot be delivered to P. O. boxes or postal codes.
Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or the Receiver cannot be reasonably identified or located, SWISS GLOBAL shall use reasonable efforts to return the Shipment to the Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by SWISS GLOBAL without incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the Shipper.
4.1 Failure to take delivery
Should the Customer, Consignee, Receiver or Owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and as such costs shall, upon demand, be paid by the Customer.
Swiss Global shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-
(i) After at least 28 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and
(ii) Without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.
SWISS GLOBAL has the right to open and inspect a Shipment without prior notice to the Shipper. If prohibited items are found within a Shipment, SWISS GLOBAL reserve the right to confiscate such items.
SWISS GLOBAL also reserves the right to repack or provide suitable packaging in order to satisfy SWISS GLOBAL standards of security and handling, or any other reason as may be necessary or desirable to fulfill the Customer’s instructions
6.0. Shipment Charges & Billing
SWISS GLOBAL charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by SWISS GLOBAL to confirm this calculation. Shipper shall pay or reimburse SWISS GLOBAL for all Shipment charges, storage charges, duties and taxes owed for services provided by Air Courier International or incurred by SWISS GLOBAL on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
7.0 SWISS GLOBAL Liability
The Swiss Global shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
SWISS GLOBAL contracts with the Shipper on the basis that, SWISS GLOBAL liability is strictly limited to direct loss only and to the per kilo limits.
All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to SWISS GLOBAL attention before or after acceptance of the Shipment since special risks can be insured by the Shipper.
If a shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.
SWISS GLOBAL liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of £STERLING 100 or:
7.1 £STERLING 3.00/kilogram for Shipments transported by air or other non-road mode of transportation.
7.2 Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage
7.3 Where other parties/operators (such as but not limited to shipping lines, airlines or truck operators) are entrusted to complete all or part of the transportation movement and where a combined transport waybill or bill of lading is used, the shipper agrees in turn to accept the operators’ Standard Trading Conditions, which override those set by Swiss Global (see 7.4)
7.4 When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorizes the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.
8.0 Time Limits for Claims
All claims must be submitted in writing to SWISS GLOBAL within thirty (30) days from the date that SWISS GLOBAL declared the shipment missing, failing which SWISS GLOBAL shall have no liability whatsoever.
9.0 Transit Time Frames
A transit time frame given by SWISS GLOBAL is subject but not limited to availability of flights, flight delays, Customs delays and any other reasonable uncontrollable third party delays. (see also clause 11.0)
10.0 Shipment Insurance
SWISS GLOBAL does not offer Insurance services.
11.0 delayed Shipments
SWISS GLOBAL will make every reasonable effort to deliver the Shipment according to SWISS GLOBAL regular delivery schedules, but these are not guaranteed and do not form part of the contract. SWISS GLOBAL is not liable for any damages or loss caused by delays.
12.0 Circumstances beyond SWISS GLOBAL control
SWISS GLOBAL is not liable for any loss or damage arising out of circumstances beyond SWISS GLOBAL control. These include but are not limited to:- “Act of God” – e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” – e.g., plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known by SWISS GLOBAL; riot or civil commotion; any act or omission by a person not employed or contracted by SWISS GLOBAL e.g. Shipper, Receiver, third party, Customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
13.0 Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (“Warsaw”), if applicable, governs and in most cases limits SWISS GLOBAL liability for loss or damage.
14.0 Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold SWISS GLOBAL harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s failure to comply any applicable laws or regulations and for Shipper’s breach of the following warranties and representation:-
All information provided by Shipper or its representatives is complete and accurate; the Shipment was prepared in secure premises by Shipper’s employees; Shipper employed reliable staff to prepare the Shipment; Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to SWISS GLOBAL; the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations have been complied with; and the waybill has been signed by shipper’s authored representative and the terms and Conditions constitute binding and enforceable obligations of Shipper.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
16.0 Governing Law
Any dispute arising under or in any way connected with these Terms and conditions shall be subject, for the benefit of SWISS GLOBAL, to the non-exclusive jurisdiction of the courts of, and governed by law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to the applicable law.
17.0 Severe Ability
The invalidity or unenforceable of any provision shall not affect any other part of these Terms and Conditions.
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