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", "our" &“ Air Express BD” means
subsidiaries, affiliates of Air Express BDand 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 Air Express BD 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 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
4.1 Dangerous Goods: a) Except in the circumstances shown in paragraph
4.1 (b) below we carry dangerous goods including those speechified in
the International Civil Aviation Organization (ICAO) Technical
instructions, the International Air Transport Association (IATA)
dangerous goods regulations, the International Mail Time Dangerous Goods
(IMDG)
code, the European Agreement concerning the international Courage 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
same countries if you have been accorded the status of an approved
customer and this must be given to us in writing before your shipment
can be accepted. Your dangerous goods will only be accepted if they
comply with the applicable regulations (see clause 4.1 a) 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 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. RIGHT OF INSPECTION: You agree that we or any governmental authority
including customs may open and inspect your shipment at any time.
6. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS: Weekend days,
pubic holidays and bank holidays together with delays caused by customs
or other events beyond our control are not included when we quote door
to door delivery times in our published literature. The route and the
method by which 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 custom
broker to perform customs clearance and entries if we subcontract 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 for which include forfeiture
and
sale of your shipment. To the extent that we may voluntarily assist you
in completing the require 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 usaraising 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 actions of customs or other governmental authorities or
your failure and/or the receiver's failure to provide proper
documentation and required license or permit will be charged to you or
the receiver of the shipment. In the event that we decide to change the
receiver and
the receiver refuses to pay incurred charges you agree to pay them to us
together with our fee for the administration involved in this extra
work.
7.4 We will endeavor 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.
8. INCORRECTADDRESS AND P.O. BOX NUMBERS: If we are unable to deliver a
shipment because of an incorrect address, we will make all reasonable
effort to find the correct address. We will notify you of the correction
and deliver or attempt to deliver the shipment to the correct address
although additional charges may apply if the correct address is
different to the one shown on the consignment note or the label affixed
to your shipment. Deliveries to post office box numbers are not
accepted.
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
receiver’s address stating that delivery has been attempted and
whereaboutsof the shipment. If delivery has not been made after one more
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.
10. YOUR ORLIGATIONS: You warned to us that:The contents of the shipment
have been properly described on our consignment note/waybill.The
contents of the shipment have been correctly labeled and the 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.The consignee's
full address including the postcode has been entered on our consignment
note.The consignee’s full address including the postcode has been
accurately and legibly completed on and address label has beensecurely
fixed by you to a prominent position on the outer surface of the
shipment that can be clearly seen by us.The contents of the shipment
have
been packed safely and carefully by you to protect against the ordinary
risks of transport.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.
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 weighting 30 kilos or more. The contents of the shipment are not
ones restricted by IATA or ICAO and are not prohibited item.In the case
of an intra-European Union shipment where the receiver pays our
charges your VAT identity numberand that of the receiver has been correctly given in writing to us.
When you have asked us to charge the receiver or a third party and the
receiver of third party does not pay us you will promptly settle our
invoice together with an administration fee in full within 7days of us
sending you the invoice.
You agree to indemnify us and held us harmless from any liabilities we
may suffer or any costs, damages or expenses including legal costs we
incur arising out of you beingin 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) or the Montreal convention 1999 will be applicable. This
international treaties govern and limit our liability for loss, damage
or delay
to your shipment to 17 special approximately US$20 per kilo although the rate of exchange is variable).
12. EXCLUSIONS
12.1 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, mis-delivery or non-delivery of your shipment even
if we had knowledge that such damages or loss might arise.
12.2 We are not liable if your shipment or any part of it is lost,
damaged, delayed or mis-deliver or not deliver at all as are 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.
Tatent 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 movement 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.
12.3We are not a common carrier and do not accept from you any
liabilities of a common carrier under normal circumstances we do not
accept shipments sent to and from residential addresses.
13. VUABLE GOODS: We recommend valuable goods such as precious stones,
precious metals, jewelry, money, negotiable instruments, unprotected
furniture, glass or china, objects or art, antiques and important
decrements that include passports, tenders, share and option
certificates should not be sent through our network delivery system
because it
involves the use of mechanical handing and automated sortation equipment
together with multiple transshipments on and off vehicles. We will if
requested provide a secure transport service on dedicated vehicles or
aircraft that avoids multiple transshipments and eliminates the use of
automated sortation equipment for the above mentioned types of
goods but under no circumstances when carrying such items shall our
liability to you exceed the limits contained in clause 11 above. We
recommend you insure your valuable goods before such items are collected
by us.
14. INSURANCE: You may purchase insurance for the full value of your
parcel (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 limit of
BDT 100000 per shipment through our third party insurance provider.
However, insurance does not cover losses of consequential nature (see
clause 12/1 above) or delays in carriage or where the loss has arisen a
result of your breach of your obligations under these terms and
conditions.
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 wish to claim for a lost, damaged or
delayed shipment you must comply with the following procedure otherwise
we reserve the right to reject your claim: 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 you must document your claim
by sending us all relevant information about the shipment and the loss,
damage delay suffered. We are not obliged to act on any claim until our
carriage have been paid nor you are entitled to deduct the amount of
your claim from our carriage charges. 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. Your
right to claim damages against us shall be extinguished unless an
action is brought in a court of law within 1 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. All
the claims must be submitted in writing to Air Express BDwithin 30 days from the data that Air Express BD accepted the
shipment, failing which Air Express BD shall have no liability
whatsoever. Shipper shall not hold any payments due to DELIVERY.
17. RATES AND PAYMENT
17.1 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 30 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 lived 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.
17.2 Our current rate card is available on request from any of our
offices in the country from which the shipment is invoiced, we charge
either the actual weight of the shipment or the volumetric weight of the
shipment whichever is higher and the volumetric weight is calculated in
accordance with the volumetric conversion equation set out in our
tariff,
destination and service guide.
17.3The door to door delivery rates shown on our current rate card
include provision for simple customs clearance formalities and we
reserve the right to charge an extra administration fee, where
time-consuming excessive customs clearance work is needed to enable us
to deliver your shipment to the receiver. Additional charges may
therefore be applied
in some countries for complex customs clearance activities and these include but are not limited to the shipments that require:
(i) Formal customs entries involving more than three different
commodities, (ii) Customs bonds or the need to deliver goods under a
customs bond, (iii)Temporary import facilities,(iv)Clearances involving a
government department other than the customs authority.We may in some
countries made advance payment of import duty or taxes on behalf of the
importer and where this additional service is provided a local
administration fee will be charged to the receiver and you will liable
for this charge if he or she does not pay us.
17.4 You may give us special invoicing instructions or agree with the
receiver of the shipment or another third party that he or she will pay
our charges and/or any duties taxes, assessments, expenses surcharges
and fines levied or incurred by us in connection with the shipment. lf
the receiver or other third party refuses to pay our charges for the
carriage or
reimburse us for any of the above costs you agree to pay these amount within 7 days of us notifying you of the refusal to pay.
17.5If we failed to deliver your shipment within the time specified and
our failure was not caused by any events set out in clause 12.2 we will
charge you for the actual delivery service provided (e.g. before noon)
rather than charging the price we quoted for the service you asked for
(e.g. before 9 am).
17.6 We have a general lien on all your shipments in our possession at
any time that gives us the right to sell the contents and retain the
proceeds of sale in settlement of any amounts that you may owe us for
previously carried or delivered shipment.
18. YOUR INDEMNITY IN RESPECT OF EMPLOYEES: You agree to indemnify us
against and keep us harmless from all costs claims liabilities and demand
of any nature arising directly or indirectly from the redundancy
selective re-employment or transfer of any employee or former employer
of yours or any supplier or former supplier to you or of any third party
which may in any way arise from the commercial relationship between us
and you including but not limited to any liability or national
implementing legislation thereof or under any other applicable
employment legislation.
19.CONTINUITY OF THE AGREEMENT: This agreement shall, unless earlier
terminated continue to be operative in full force and effect. During
such continuation of the agreement the terms and conditions herein
recorded shall be valid, subsisting and remain binding on both the
parties
20. TERMINATION: Notwithstanding anything else contained herein any
other document, we shall be entitled to determine this agreement by
giving 7 days’ notice. In the event of breach by you of any of the
provisions of this terms and conditions of carriage, we shall be
entitled to determine the agreement without notice.