1. DEFINITIONS
When the terms "we, our and us" are used on this bill, it refers to EXPRESS SOLUTIONS nv., its employees, agents, subsidiaries and contractors. When "you and your" are used,
it refers to the sender, its employees, and agents. When we use the term waybill: this will either mean air waybill or waybill, depending of the use of the ultimate transport medium to carry out the movement of the material described herein.
2. TERMS OF AGREEMENT
when you hand over to us your shipment to deliver, you agree to all of the terms in this non-negotiable bill, both on your behalf and on behalf of anyone else who has an interest in the shipment.
3. WARSAW CONVENTION - CMR CONVENTION
If the carriage by air involves an ultimate destination or stop in a country other then the country of departure, the Warsaw and IATA Conventions or the Montreal convention may be applicable and these Conventions governs and in most cases limits the liability of carriers in respect of loss or damage to cargo. These Conventions governs even the part of transportation executed by road. Transportation of your shipment exclusively by road will be subject to rules established by the C.M.R. Convention even when the road carriage is not international.
4. EXTENT OF OUR LIABILITY
We take charge of all packages and parcels under the general reserve "Said to contain".
Subject to conditions 5 and 6, our liability for loss or damage is limited to the lowest of these three amounts:
- The actual amount of any loss or damage suffered by you or
- The actual value of the shipment. This does not include any commercial, moral value or any other special value to you or to any other person, party, company a.s.o.
- 20 US $/ kg for shipments subject to Warsaw Convention or 17 SDR/kg for shipments subject to Montreal Convention or 8.33 SDR/kg for shipments subject to CMR Convention, unless you designate a higher shipment value and pay an additional fee (see point 5).
5. DECLARED VALUE LIMITS
You may elect to declare a higher shipment valuation than 20 US $/ kg (Warsaw Convention) or 8.33 SDR /kg (CMR Convention) by designating on this waybill the declared shipment valuation and paying an additional fee subject to the following restrictions:
- Letters, documents or other non-dutiable shipments will only be accepted with no value declared.
- A maximum of l0.000 Euro on an international express dutiable shipment; higher values can be accepted providing an extra insurance has been taken (if no insurance requested, we will consider as insured via by customer).
6 . EXCLUSIONS FROM OUR LIABILITY
We are not liable in any event for any special, incidental immaterial, or consequential damages, included but not limited to loss of profit, - of income or - of market, breach of other contracts and other indirect losses, whether or not we had knowledge that such damages might be incurred, even if they are caused by our fault or negligence.
We are not liable for your acts or omissions, including but not limited to inadequate packing, securing, marking or addressing, or for acts or omissions of the receiver or any other party having an interest in the shipment. We will not be liable if you or the receiver violate any terms of and/or conditions of this agreement.
We are not liable for loss, damage or misdelivery of your shipment because of circumstances beyond our control including but not limited to:
- “Act of God"
- “Force majeure"
- Perils of the air, weather conditions, aircraft failures
- Perils of the road and or rail, weather conditions, truck or train failures
- Any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it
- Any action or omission by anyone outside, including but not limited to:
- The sender of the shipment
- The receiver
- An interested third party
- Customs or other Government officials
-The postal service, or other carrier or other third party who we contract to serve locations that we do not serve directly, even if the sender did not ask for or know about a third party arrangement.
- Electrical, photographic or magnetic damage to the shipment
We are not liable for loss or damage because of theft of the shipment while in our posession unless you can prove that we should have been able to prevent or foresee the theft and as far according to local regulations or customs the risk of theft is not for the account of the shipment.
We are not liable for any delays. We shall make every reasonable effort to deliver your shipment according to our normal delivery schedules but these are not guaranteed and do not form part of this contract.
7. INSURANCE
To extend your protection, you may elect to purchase insurance by designation on this waybill and payment of the premium. Such insurance coverage is governed by the policy in force. This policy does not cover consequential damages or loss and damage caused by transportation delays.
8. TRANSPORTATION BY OTHERS
If you designate any other carrier for any portion of this carriage, we will not be responsible for any loss, damage or delay caused by it.
9. RESPONSIBILITY FOR PACKAGING AND COMPLETING WAYBILL
You are responsible for adequate packing and for accurately completing this waybill. Any errors may result in a re-billing by us.
10. RIGHT TO INSPECT
You agree that we and/or the customs may, at your option, open and inspect any shipment for any reason, including but not limited to verification of contents prior to or after acceptance of the shipment for transportation.
11. QUALIFIED ACCEPTANCE
We reserve the right to reject your shipment after acceptance and prior to performance of any part of the transportation services when such shipment might cause damage or delay to other shipments, equipment or personnel. This will also apply if the transportation of your shipments is prohibited by laws or is in violation of any rules contained in this waybill. No claims will be acceptable in any format, and damage resulting to non-compliance with same will be charged out to you.
12. UNACCEPTABLE GOODS
We do not accept as a shipment
- Anything that is restricted by IATA or ICAO,
- Art works, bonds- coins of any kind, currency, furs, gems or stones, industrial diamonds, precious metals of any - type or form, and negotiable securities, perishables, human remains, life stock, unaccompanied baggage,
We will not he responsible for any loss, damage, delay liability or penalties resulting from transporting such articles, however described or mis-described and/or -declared on this waybill. Furthermore, none of our employees or agents have any authority to accept such articles for transportation or to modify or waiver the limitations applicable to them.
13.RESPONSIBILITY FOR PAYMENT
Even when different payment instructions are given, in the event of default by the receiver, you will always be primarily responsible for all transportation charges including all duties, customs charges and taxes; you will also be responsible for all charges incurred in returning or storage of your shipment.
14. NO C.O.D. SERVICES
We do not provide C.O.D. services on international express shipments. An attempt to specify C.O.D service will be ignored by us and we will not be liable for any amounts so stated.
15. COMPLIANCE WITH THE LAWS AND REGULATIONS
You are responsible for compliance with all applicable customs, import and export laws and any other governmental regulations of any country to, from through or over which this shipment may be carried and shall furnish such information and attach such documents to this waybill as may be necessary to comply with such laws and regulations. If you fail to complete the necessary documents, you hereby authorise us to complete the documents for you at your expense, but we are not obligated to do so; you hereby agree to indemnify and hold us harmless from any and all losses, expenses, claims, damages, liabilities, actions of any nature whatsoever in any manner due to your providing to us incomplete inaccurate or false documentation, or your failure to comply with export law.
16. CLAIMS
If the receiver accepts your shipment without noting any damage or loss on the delivery record - we will assume that the shipment was delivered in good condition
In case of claim: all original shipping cartons and packing must be made available for inspection. All claims must be made writing through registered mail:
- in case of damage, partial loss or destruction
Warsaw Convention: either on the waybill or by a separate notice within 7 days after delivery of the shipment.
Montreal Convention: immediately after the damage has been discovered and not later than 14 days from the date of receipt
CMR Convention: for apparent damage or loss not later than the moment of the delivery, and for not apparent damage or loss not later than 7 days after the delivery
- in case of delay,
Warsaw Convention: not later than 14 days after the delivery, or refusal of the shipment,
Montreal Convention: not later than 21 days from the date on which the cargo should have been delivered
CMR Convention: not later than 21 days after the delivery or refusal of the shipment
- in case of the total loss or non delivery and in all other cases: within 120 days from the date of the waybill.
Legal action to enforce a claim for damage, loss, destruction, non-delivery, delay must be brought within 2 years (Warsaw and Montreal Convention) or 1 year (CMR conditions) after the end of transportation.
Other legal action to enforce a claim must be brought within 1 year after the date of the waybill.
We will not pay any claims until the transportation charges have been paid; you may not deduct the amount of the claim from these charges.
17. ACCEPTANCE OT THE TERMS AND CONDITIONS
by signing this waybill, you declare and accept unconditionally our terms and conditions.
18. JURISDICTION – APPLICABLE LAW
All legal disputes between you and EXPRESS SOLUTIONS nv shall be settled according to these terms and conditions and Belgian Law and the Commercial Court of Antwerp will have jurisdiction without prejudice to EXPRESS SOLUTIONS’ right to bring the action before another Court.
